Spartan Systems Terms and Conditions
You indicate acceptance of these terms and conditions of service by placing an order with SPARTAN SYSTEMS. These terms and conditions will not be varied for individual customers.
Definitions
In this Agreement the following words and expressions shall have the following meanings:
(1). "downtime" means any service interruption in the availability to visitors of the Website.
(2). "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.
(3). "COMPANYNAME" means SPARTAN SYSTEMS.
(4). "IP address" stands for internet protocol address which is the numeric address for the server.
(5). "ISP" stands for internet service provider.
(6). "server" means the computer server equipment operated by COMPANYNAME in connection with the provision of the Services.
(7). "the Services" means web hosting, domain name registration, email and any other services or facilities provided by SPARTAN SYSTEMS.
(8). "spam" means sending unsolicited and/or bulk emails.
(9). "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".
(10). "visitor" means a third party who has accessed the Website.
(11). 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.
Introduction
The Customer wishes to provide SPARTAN SYSTEMS with data that will be hosted on SPARTAN SYSTEMS servers and made accessible via the Internet.
SPARTAN SYSTEMS provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.
Online Ordering
We only accept orders from the UK.
Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro) and direct debits.
We use PayPal as our secure payment gateway. You do not require to have a PayPal account to order from "Spartan Systems".
We do not store credit card details nor do we share customer details with any 3rd parties
SPARTAN SYSTEMS do not provide credit facilities.
From time to time SPARTAN SYSTEMS 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.
Once an order has been placed we will confirm that your order has been accepted by sending an email to the email address you provide on your order form. Our acceptance of your order brings into existence a legally binding agreement between us.
All credit and debit card holders are subject to validation checks and authorisation by the card issuer. Payment will be debited to your account before despatch of your purchase. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
Refunds
SPARTAN SYSTEMS provide "Money-Back Guarantees" on certain products. Should your product qualify for this guarantee please raise a support ticket at http://controlpanel.spartan-systems.co.uk within 30 days of placing your 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 then end of the year.
All services will renew until cancelled by the customer. 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 you before your account is cancelled.
Price Information
"Spartan Systems" has taken great care to ensure prices are accurate. All prices include VAT where appropriate.
Please note that all pricing is subject to change.
Credit Card Misuse
The majority of card issuers either cover all the charges that may result from unauthorised use of your credit card or debit cards, or may limit your liability to £50.
"Spartan Systems" will take all reasonable care to keep the details of your order and credit card information secure but unless we have been negligent, we will not be liable for any losses you may suffer as a result of unauthorised access by a third party to the information transmitted by you when ordering products or services from "Spartan Systems".
IP Addresses
SPARTAN SYSTEMS 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 SPARTAN SYSTEMS changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
Service Levels and Data Backup
SPARTAN SYSTEMS shall use its 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, SPARTAN SYSTEMS makes no warranties or representations that the Service will be uninterrupted or error-free and SPARTAN SYSTEMS shall not, in any event, be liable for interruptions of Service or downtime of the server.
SPARTAN SYSTEMS carries out data backups for use by SPARTAN SYSTEMS in the event of systems failure. SPARTAN SYSTEMS do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly SPARTAN SYSTEMS accepts no responsibility for data loss or corruption.
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:
(1). Use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services.
(2). Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities.
(3). 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.
(4). Threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others.
(5). Engage in illegal or unlawful activities through the Services or via the Website.
(6). Make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data.
(7). Obtain or attempt to obtain access, through whatever means, to areas of SPARTAN SYSTEMS network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
(8). Operate or attempt to operate IRC bots or other permanent server processes.
(9). The Customer has full responsibility for the content of the Website. For the avoidance of doubt, SPARTAN SYSTEMS is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
(10). If the Customer fails to comply with the Acceptable Use Policy outlined, SPARTAN SYSTEMS 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 SPARTAN SYSTEMS and the password will be changed.
Warranties
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, SPARTAN SYSTEMS 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 SPARTAN SYSTEMS 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 againstSPARTAN SYSTEMS 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 SPARTAN SYSTEMS liability for death or personal injury resulting from SPARTAN SYSTEMS negligence or that of its employees, agents or sub-contractors.
The entire liability of SPARTAN SYSTEMS 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 SPARTAN SYSTEMS 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 SPARTAN SYSTEMS had been made aware of the possibility of the Customer incurring such a loss.
Terms 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.
SPARTAN SYSTEMS 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:
(1). 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.
(2). The other party commits a material breach of this Agreement which cannot be remedied under any circumstances.
(3). 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.
(4). The other party ceases to carry on its business or substantially the whole of its business.
(5). 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.
Force Majure
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.
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.
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 not 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 SPARTAN SYSTEMS will provide a full refund for that domain name.
Scripting
SPARTAN SYSTEMS are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.
Privacy
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
Data Transfer
Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.
Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
Server Usage
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
Email Newsletter
SPARTAN SYSTEMS communicates with it's customers via email and as such you agree 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.
Web Space Usage
Unlimited web space 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 not accessed for 100 days or more will be deleted from the system.
How We Use Your Information
When you give us information, it may be used for a number of different purposes which are listed below.
(i) Administration of the site: Some of the basic information you give us is necessary for us to operate our service for you, such as knowing your full name to ensure any orders you place on the site are delivered correctly.
(ii) To enable customer services: We ask for your contact details, such as your email, to enable us to resolve any queries you may have about using the site and for us to notify you about your order.
(iii) Sharing data: We do not pass on your personal details for marketing purposes to any third parties.
General
1.Unless otherwise specified, the materials on this website are directed solely at consumers who access this website from the United Kingdom. "Spartan Systems" makes no representation that any product referred to in the materials on this web site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
2.Any contract between you and "Spartan Systems", whether for use of the site or in relation to the purchase of products or services through the site will be governed by the laws of England and Wales and both parties, (you and "Spartan Systems") submit to the non-exclusive jurisdiction of the English Courts.
3."Spartan Systems" has taken every care in the preparation of the content of this website, however we cannot guarantee uninterrupted and totally reliable access to this Web site and so, therefore, cannot guarantee that the information will always be completely up to date and free of mistakes. To the extent permitted by applicable law, "Spartan Systems" disclaims all warranties; express or implied, as to the accuracy of the information contained in any of the materials on this website and will accept no liability for any loss or damage arising as a result of problems with access.
4."Spartan Systems" shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
5.Certain (hypertext) links in this site may lead to other websites which are not under the control of "Spartan Systems". When you activate any of these you will leave the website and "Spartan Systems" has no control over and will accept no responsibility or liability for the material on any website which is not under the control of "Spartan Systems".
6.We may make software owned or operated by third party companies available to you. You must only use this software in accordance with the terms and conditions imposed by the third party provider.
7.Your correspondence or participation in promotions or business dealings with advertisers found on or through the website, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this website.
8.The exclusions of liability set out in these terms and conditions shall not apply to any damages arising from death or personal injury caused by the negligence of "Spartan Systems" or any of its employees or agents.
9.These terms and conditions shall be governed by and construed in accordance with English Law. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
10."Spartan Systems" reserves the right to alter these terms and conditions from time to time by posting new terms and conditions on this website.
Trademarks
All brand names, product and service names and titles and copyrights used in this site are trademarks, trade names, service marks or copyrights of their respective holders. No permission is given by "Spartan Systems" for their use by any person other than such holders and such use may constitute an infringement of the holders' rights.
Copyright
All designs, text, graphics and their selection and arrangement on this website are the copyright of "Spartan Systems" or its content providers. Permission is granted to users to electronically copy or print portions of this site for their own personal, non-commercial use. Any other use of materials on this site without "Spartan Systems" prior written consent is strictly prohibited.
Enquiries
If you would like more information about the terms and conditions of this site please do not hesitate to contact us. If you have any queries with regards to your order, please email support@spartan-systems.co.uk