Terms of Service and Acceptable Use Policy
Crimson Pixel (also known as Crimson Pixel Ltd and (www.)crimsonpixel.co.uk) ("The Company") assumes all Clients/Customers (the person purchasing and/or using the services provided by Crimson Pixel) have read these Terms of Service and Acceptable Use Policy before signing up (purchasing) any services, plans, products, agreements or items that Crimson Pixel offers.
1. General Notes
1.1 By signing up for, holding an account with or using any account/service/product or agreement provided by Crimson Pixel, a reseller for Nethosted, the Client agrees to abide by and be bound by all points in these Terms of Service and Acceptable Use Policy as detailed below and by Nethosted at www.nethosted.co.uk.
1.2 Crimson Pixel reserve the right to change any point of these Terms of Service and Acceptable Use Policy at any time, reasonable attempts will be made to inform any current Client of changes.
1.3 Failure to comply with any point/section or part of these Terms of Service and Acceptable Use Policy will result in appropriate action, as seen fit by Crimson Pixel and at the sole discretion of Crimson Pixel.
1.4 Crimson Pixel cannot be held responsible in any way for any damages incurred by any person or group in result of an action taken by either Crimson Pixel and/or a Crimson Pixel Client or Illegal User (hacker, illegally obtained account). Also any damages, losses, fees, liabilities, expenses incurred by any person or group due to the use (or misuse) of any part of any service, agreement or product offered by Crimson Pixel will in no way be the responsibility/concern of Crimson Pixel.
2. Web Design, Development and Maintenance
2.1 Crimson Pixel will carry out work only where an agreement is provided either by email or mail. Crimson Pixel will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written contract between Crimson Pixel and the client, this includes telephone and email agreements.
2.2 Website Design - Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Crimson Pixel cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it, or changes in browser functionality whereby clients or consumers are not using modern, up to date versions. The website, graphics and any programming code will remain the property of Crimson Pixel until all outstanding accounts are paid in full.
2.3 Copyright infringements - Crimson Pixel cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
2.4 Any additions to briefs provided will be carried out at the discretion of Crimson Pixel and additional charges may be levied to cover the additional work. Crimson Pixel accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. The client agrees to make available as soon as is reasonably possible to Crimson Pixel all materials required to complete the site to the agreed standard and within the set deadline. However, Crimson Pixel will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
2.5 Crimson Pixel will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
2.6 Crimson Pixel will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
2.7 Crimson Pixel will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
2.8 A non-refundable deposit of at least 30% is required with all of our projects before any design work will be carried out.
2.9 Once a website has been designed and completed the final balance of payment is then due in accordance with relevant payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered.
2.10 Browser compatibility - Crimson Pixel will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed within the following web browsers: Internet Explorer 9 (and above), Firefox, Safari and Chrome. Crimson Pixel does not offer a guarantee of correct function with all browser software especially in respect of legacy versions.
2.11 Website Optimization - Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites. However, sites developed by Crimson Pixel attempt to take advantage of good practices to help with ranking including building with XHTML, HTML5 and CSS3, and using friendly URLs and including relevant meta data
3.Payment of Accounts
3.1 A deposit is required from any new client before any work is carried out. It is the Crimson Pixel policy that any outstanding accounts for work carried out by Crimson Pixel are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Crimson Pixel. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
3.2 If accounts are not settled or Crimson Pixel have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements being added to the clients credit rating.
3.3 Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
4. Hosting Accounts and Domains
4.1 By signing up for, holding an account with or using any account/service/product or agreement provided by Crimson Pixel, the Client agrees to indemnify Crimson Pixel from any costs (be they legal, emotional, monetary or other) that arise from the participation of a Client in any Crimson Pixel service, product or agreement.
4.2 Crimson Pixel acting as a reseller for Nethosted reserve the right to refuse any service offered to any Client and/or website at their sole discretion.
4.3 Crimson Pixel acting as a reseller for Nethosted reserve the right to suspend and/or terminate any Client/Customer account at will and at their sole discretion.
4.4 Domain names registered to Clients/companies by Crimson Pixel, free of charge to said Client/company remain the property of Crimson Pixel for 6 calendar months from initial registration. After this time the domain becomes the legal property of the Client/company it was registered on behalf of as long as the Client/company still hold a valid contract with us. If the Client/company wishes to transfer a domain before the 6 months has passed a charge of £15 will be levied per domain. The free domain offer only applies to the first year of registration, after this period the Client will be charged the usual rates to keep the domain registered.
4.5 Domain names will be the property of the Client in every aspect after any initial registration offer has expired. All parts of our TOS/AUP continue to apply to the Client with respect to the domain and its use on our service.
4.6 Domain names are registered by Crimson Pixel at www.123-reg.co.uk and transferred to an independent account relating for the client. At this point the domain name becomes the responsibility of the client.
4.7 The Client must use their account/service/package/agreement/product purchased from Crimson Pixel lawfully. Crimson Pixel will not host or promote any illegal material/activity, including but not limited to, "warez", viruses, worms, trojans, unlicensed software (available to the public) or promote copyright infringement or any other illegal activity. Any activity that breaks this section (paragraph) of the Terms of Service and Acceptable Use Policy will result in immediate account termination (including the deletion of all Client files stored on our servers) without warning.2.7 This agreement applies for the length of time the Client has a fully paid for account/product with Crimson Pixel or one of its affiliates. This length is a minimum of one calendar year from account creation for Annual Contracts, these lengths are non-negotiable. Account creation occurs when there is a successful transfer of all monies owed to Crimson Pixel from a Client/Customer for a product/service and thus an account is created by Crimson Pixel for the Client. An account is therefore defined as "created" when Crimson Pixel sends the Client complete information relating to all details of their account (such as CPanel login details).
4.8 All contracts are automatically extended after the initial agreement period by the previous agreement period length except when a cancellation request has been placed by the client. An invoice will be generated 14 days before the contract renewal and serves as due notice of the upcoming contract extension and renewal.
5. Refunds and Cancellations
5.1 If Crimson Pixel, or Nethosted, for whatever reason see fit, to suspend and/or terminate an account/service/product or agreement with a Client this does not entitle said Client to any sort of reimbursement (including but not limited to monies and credits) from Crimson Pixel and/or any affiliates.
5.2 If a Client wishes to cancel/terminate their account with Crimson Pixel they may do so by contacting Crimson Pixel via the "Contact Us" form at www.crimsonpixel.co.uk. If a Client cancels their payment subscription this will be dealt with in the same manner as a formal cancellation request and the Clients account will be immediately suspended pending termination. If we receive a request for cancellation within 14 days of the Clients account being created, the Client is entitled to a full refund of all monies paid to Crimson Pixel under our "14 Day Risk Free Money Back Guarantee" with these exceptions:
- The Client has used 50% or more of their alloted bandwidth.
- The Client has purchased/transferred a domain, domain ID protection or an SSL certificate. These are non refundable.
- The Client has purchased a software license (for example cPanel, Fantastico etc) through us. These are non refundable.
- The Client has purchased a product, service, account or license through us which includes a setup fee. Setup fees are non refundable.
- The Client has a dedicated server through us. Dedicated servers are exempt from our 14 day money back guarantee.
- The Client has previously held and/or currently holds an account with us.
- The Client breaks any part of our Terms of Service and Acceptable Use Policy.
5.3 Any monies refunded will be issued via the same method as originally used by the customer to purchase the product/service from us.
5.4 Dedicated server Clients must submit their cancellation request 7 days before their next due payment for the request to be processed in their current billing cycle, otherwise the request will be processed in the next billing cycle.
5.5 If a Client does not submit a cancel request that meets the contract terms, either monthly or yearly, and monies are not transferred when due (according to the subscribed and advertised billing cycle) then the Clients account, sub-accounts and services will be suspended 7 calendar days from the date the monies were due. The Client will then be given a further 23 calendar days from initial suspension to pay the debt otherwise their account, sub-accounts and services will be terminated (permanently and completely removed).
If suspension as outlined in this clause occurs more than twice within any time period for a Client then upon the third offence a charge of £35 will be levied. Failure to pay this charge (and any other outstanding debt) within 7 calendar days will result in permanent account, sub-accounts and services suspension and/or termination.
5.6 Misconduct towards or against Crimson Pixel, a Client, or affiliate will result in account suspension/termination.
5.7 Misconduct includes, but is not limited to, written, physical or verbal abuse, harassment, threats and disruptive behaviour towards any person, Client, staff member, member, associate, employee or affiliate of Crimson Pixel.
6.1 Sending unsolicited E-mail (a.k.a. SPAM) from a Crimson Pixel account will result in immediate termination of your account and may result in appropriate legal action. Crimson Pixel is free to judge each case on merit and thus reserves the right to do so, therefore no solid definition of unsolicited E-mail (a.k.a SPAM) shall be given.
6.2 Each account a Client holds (legally) is allowed to use reasonable levels of server resources (including, but not limited to, CPU and RAM usage). If, for any reason, a Clients account utilises what Crimson Pixel considers to higher levels of server resources then Crimson Pixel reserve the right to suspend and/or terminate accounts without prior warning.
7. Miscellaneous and Footnotes
7.1 Crimson Pixel is a reseller for Nethosted (www.nethosted.co.uk) and based on past performance figures NetHosted can claim a server uptime average of 99.9% each calendar year, this however is not in any way guaranteed or assured.
7.2 NetHosted provides all hosting services, products and items "as is" thus they come with no guarantees and/or warranties of any kind.
7.3 Crimson Pixel need only satisfy itself that a Client has broken any part of these Terms of Service and Acceptable Use Policy in order to take an appropriate action. It is at the sole discretion of Nethosted and all staff, employees, associate and Crimson Pixel.
7.5 As stated before by signing up for any service, plan, product, item or agreement with Crimson Pixel you agree to all points in these Terms of Service and Acceptable Use Policy. Furthermore, as stated before, by signing up you agree to be bound by all parts of these Terms of Service and Acceptable Use Policy.
7.6 Your Privacy - Crimson Pixel does not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.
7.7 Complaints Procedure - Anyone who experiences a problem with the service provided by Crimson Pixel should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as a "url") and clearly outlining the grounds for complaint. Crimson Pixel will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
7.8 These Terms of Service and Acceptable Use Policy are legally binding.