Logibase Limited Terms & Conditions (Last updated 25th January 2009)
Definitions
In this Agreement the following words and expressions shall have the following meanings:
The term "Logibase" or "us" or "we" or "our" refers to the owner of the website whose registered office is The Fir Trees, Crown Lane, Wychbold, Worcester, WR9 0BX. Our company registration number is 5268657
"downtime" means any service interruption in the availability to visitors of the Website
"intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country
"IP address" stands for internet protocol address which is the numeric address for the server
"ISP" stands for internet service provider
"server" means the computer server equipment operated by our providers in connection with the provision of the Services
"the Services" means web hosting, domain name registration, email and any other services or facilities provided by Logibase
"spam" means sending unsolicited and/or bulk emails
"virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses
"visitor" means a third party who has accessed the Website
"our providers" are third party suppliers of any services to Logibase
"the customer" or "the account holder" is the individual or company who placed the order with Logibase
"you" refers to the user or viewer of our website
Product specifications and details may be found at logibase.com
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement
Website Usage & Disclaimer (Logibase.com)
If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and copyright notice govern Logibase's relationship with you in relation to this website
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website
Unauthorised use of this website may give to a claim for damages and/or be a criminal offence
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s)
If you link to our site we reserve the right to require you to remove said link
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales
The information contained in this website is for general information purposes only. The information is provided by Logibase and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website. Through this website you are able to link to other websites which are not under the control of Logibase. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Logibase takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control
Hosting Services
You indicate acceptance of these terms and conditions of service by placing an order with Logibase. These terms and conditions will not be varied for individual customers
Introduction
The Customer wishes to provide Logibase with data that will be hosted on our providers servers and made accessible via the Internet
Logibase agrees to host the Customer's data via our providers web hosting services upon the following terms and conditions
Duties
Logibase shall provide to the Customer the Services specified in their order subject to the following terms and conditions
The Customer shall deliver to Logibase the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or Logibase ("the Customer Software), in a format specified by Logibase
Our limited Money-Back Gaurantee and Cancel Anytime
Once the Contact has been formed you may, subject to Clause 3.1.3.2, only cancel the Contract in relation to the Hosting Service you have purchased (unless your Hosting Service includes the use of a dedicated hosting server in which case you may not cancel the Contract). In such cases, you may cancel at any time within thirty (30) days, beginning on the day after you received the Acceptance Confirmation. If you do so, you will receive a full refund of the price paid for the Hosting Service you have cancelled. We will refund the price you have paid to the credit card, debit card or other account you used to make that payment. No other refund will be made.
To cancel the Contract under Clause 3.1.3.1, you must inform us in writing (sent to the address outlined in Clause 1.1.1) before the end of the thirty (30) day period mentioned in Clause 3.1.3.1. As part of our cancellation process, we will respond to you via the email address registered on your account to confirm your cancellation request. You must re-confirm your cancellation request by replying to the said email or we will continue to supply the Hosting Service and your cancellation under Clause 3.1.3.1 will be ineffective.
You will not have any right under Clause 3.1.3.1 to cancel the Contract for the supply of any other Services other than that noted in Clause 3.1.3.1. Therefore, the Services which may not be cancelled include (but are not limited to):
Hosting Services where you request a dedicated hosting server;
Domain Registration and Renewal Services; and
use of SSL certificates and other 'add on' products.
Charges and Payment
Payment methods include PayPal, cheques, bank transfers, and cash
The Charges are exclusive of VAT
Logibase shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force
Logibase do not provide credit facilities
From time to time Logibase may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses
Logibase provide "Money-Back Guarantees" on certain products. Should the Customers product qualify for this guarantee please contact us within 30 days of placing the order for a full refund. This guarantee excludes domain names which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once
Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year
Should the Customers chosen payment method fail Logibase will attempt to settle the invoice using any other payment facilities available on the account
All services will renew until cancelled by the customer. Logibase emails the customers primary email address prior to renewal of services, it is the customers responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by the Customer before the account is cancelled
IP Addresses
Our providers shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses
Where our providers changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer
Software Licence and Rights
If the Customer requires use of software owned by or licensed to Logibase or its providers ("Logibase's software") in order to use the Services, Logibase grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Logibase Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Logibase Software
In relation to Logibase's obligations under this Agreement in connection with the provision of the Services, the Customer grants to Logibase a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to Logibase any right, title, interest or intellectual property rights in the Customer Software or the Content
The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Logibase Software
Logibase may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, Logibase shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer
Service Levels
Logibase and our providers shall use their reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Logibase makes no warranties or representations that the Service will be uninterrupted or error-free and Logibase shall not, in any event, be liable for interruptions of Service or downtime of the server
Acceptable Use Policy
The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services
send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities
publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website
threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others
engage in illegal or unlawful activities through the Services or via the Website
make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or
obtain or attempt to obtain access, through whatever means, to areas of Logibase's and/or our providers network or the Services which are identified as restricted or confidential. This includes leaving the home directory whilst using SSH access to servers
operate or attempt to operate IRC bots or other permanent server processes
The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Logibase is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services
If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 3.1.8.1 Logibase shall be entitled to withdraw the Services and terminate the Customer's account without notice
Alterations and Updates
All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Logibase and the password will be changed
Warranties
The Customer warrants and represents to Logibase that Logibase's use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Logibase as set out in Clause 3.1.6.2
All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Logibase shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer
Indemnity
The Customer agrees to indemnify and hold Logibase and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Logibase arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website
Limitation of Liability
Nothing in these terms and conditions shall exclude or limit Logibase's liability for death or personal injury resulting from Logibase's negligence or that of its employees, agents or sub-contractors
The entire liability of Logibase to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen
In no event shall Logibase be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Logibase had been made aware of the possibility of the Customer incurring such a loss
Term and Termination
This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement
Logibase shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due
Either party may terminate this Agreement forthwith by notice in writing to the other if:
the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
the other party ceases to carry on its business or substantially the whole of its business; or
the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets
Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination
On termination all data held in the customers account will be deleted
Assignment
Logibase may assign or otherwise transfer this Agreement at any time
The Customer may not assign or otherwise transfer this Agreement or any part of it without Logibase's prior written consent
Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events
Severance
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated
Notices
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting
Entire Agreement
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts
Domain Name Registration
Domain names are no deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Logibase will provide a full refund for that domain name, this will be the full limit of our liability
Logibase will make reasonable endeavours to renew domains where the renewal fee has been paid. In the event that we are unable to renew a domain name and that domain name is subsequently lost, the limit of our liability shall be the renewal fee for that domain name
Scripting
Logibase are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP, Python, Miva and ASP are installed and functioning on the web hosting system
Privacy
To protect the Customers privacy we will not distribute the Customers details to third parties, unless required to do so by law, or with the Customer's concent
Bandwidth
Web hosting accounts include a certain amount of bandwidth, if the Customer exceeds this amount in any one month the account will be deactivated until the Customer has upgraded to an account that has more bandwidth included or until the start of the following month. The Customers bandwidth usage is shown in the Logibase Hosting Control Panel
Web hosting accounts that host file distribution (including but not limited to music, video and software) are limited to a maximum bandwidth of 25 GB per month for file distribution
Web hosting accounts are prohibited from hosting hardcore pornographic material, hosting graphics or scripts for other websites, storing pages, files or data as a repository for other websites or as a backup, giving away web space under a domain (including Resellers giving away free websites), sub domain or directory
Server Usage
Should the Customers web hosting account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss alternative solutions for the Customers hosting requirements
Logibase does not allow proxy sites of any nature to be hosted
Affiliate Programme
Commission earned via the affiliate programme will only be paid by using a valid direct debit/credit mandate on the Customers account. It is the customers responsibility to ensure they have this facility. In the event of the customer not being able to obtain this facility then no commission will be paid
Email Newsletter
Logibase communicates with it's customers via email and as such the Customer agrees to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers
Webspace Usage
Unlimited web space offered on web hosting packages is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account
Mail Boxes
Mail boxes for web hosting packages not accessed for 100 days or more will be deleted from the system
Deactivated Accounts
When an account is deactivated including web hosting accounts, the Customer agrees that after 50 days this account may be deleted from the system without notice
Deletion of your data
If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the Acceptance Confirmation).
No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.
Happy Customers
When we asked if a website would generate more work and enquiries, Logibase were honest and said No. They risked loosing the job in order to explain that a website will not automatically generate more... read more
