Where the content states: "We" includes A Plus Hosts or any party acting on A Plus Hosts 's implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Member" includes the purchaser of services or any party acting on the purchaser's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to the relevant domain names Registry. "Server" means the computer server equipment in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "TOS" includes this agreement. A Plus Hosts reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://www.aplushosts.com/hosting/tos.php. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
The Client : The company or individual requesting the services of A Plus Hosts.
A Plus Hosts: Primary designer/site owner & employees or affiliates.
General
A Plus Hosts will carry out work only where an agreement is provided either by email, telephone, mail or fax. A Plus Hosts will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between A Plus Hosts and the client, this includes telephone and email agreements.
Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, A Plus Hosts cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of A Plus Hosts until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by A Plus Hosts remain the copyright of A Plus Hosts and may only be commercially reproduced or resold with the permission of A Plus Hosts.
A Plus Hosts 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.
Any additions to briefs provided will be carried out at the discretion of A Plus Hosts and where no charge is made by A Plus Hosts for such additions, A Plus Hosts 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 A Plus Hosts all materials required to complete the site to the agreed standard and within the set deadline.
A Plus Hosts will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
A Plus Hosts 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.
A Plus Hosts 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.
A Plus Hosts 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.
A non-refundable deposit of 25% is required with all of our projects before any design work will be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our 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. We do offer free updates for a month after completion to allow for any final amendments that may be required.
Copyright To Web Pages & Artwork
Upon full final payment of this contract, A Plus Hosts agrees that its work product produced in the performance of this contract shall remain the exclusive property of client, and that it will not sell, transfer, publish, disclose or otherwise make the work product available to third parties without a clients prior written consent. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client and remain the property of their respective owners.
Clients are entitled to personal use of purchased A Plus Hosts artwork e.g. incorporating it into letterheads, business cards, print advertising (credit to A Plus Hosts where applicable), however we do retain the copyright on each graphic. This means that you are free to use your graphics as in the above fashion, but cannot modify them in any way. We also reserve the right to display your graphics as examples of our work on our design site. Distribution of graphics to other parties is prohibited, including usage on other web sites, inclusion in any collection, or sale of artwork.
We require that a link back to our design site be placed on each site created by us or on pages where our graphics are featured.
Removal of web pages
A Plus Hosts reserves the right to remove the design from public posting for failure to adhere to the terms of this contract, including violation of any licensing agreements or failure to pay fees duly assessed.
Database, Application and E-Commerce Development
A Plus Hosts cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by A Plus Hosts remain the copyright of A Plus Hosts and may only be commercially reproduced or resold with the permission of A Plus Hosts.
Where applications or sites are developed on servers not recommended by A Plus Hosts, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by A Plus Hosts before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, A Plus Hosts will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Compatibility
A Plus Hosts will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. A Plus Hosts can offer no guarantees of correct function with all browser software.
Website Hosting
In the event that A Plus Hosts recommends other hosting companies to host client websites, no guarantees can be made as to the availability or interruption of this service by A Plus Hosts. A Plus Hosts cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
A Plus Hosts reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
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 will see visits increase to your site naturally. We cannot accept liablility 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.
We only use 'white hat techniques' when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any moniesto clients in relation to this type of work.
A Plus Hosts reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the A Plus Hosts policy that any outstanding accounts for work carried out by A Plus Hosts or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with A Plus Hosts.
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.
If accounts are not settled or A Plus Hosts 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 (ccj) being added to the clients credit rating.
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.
Your Privacy
We do 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.
Complaints Procedure
Informal procedure
Anyone who experiences a problem with their web service provided by A Plus Hosts should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
A Plus Hosts will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to A Plus Hosts, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
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