Terms and Conditions
1 Introduction
1.1 Please read these terms carefully before registering to use the Holiday Web Design Service. Registering to use our web site services (“Service”) indicates that You accept these Terms and Conditions and agree to be bound by them. If You do not accept these Terms and Conditions, do not use this Service.
1.2 These Terms and Conditions constitute a legal agreement between You and Holiday Web Design. You should read this document in its entirety before You continue to use this Service or upload any images or text.
1.3 These Terms and Conditions are subject to change without notice. The latest version of these Terms and Conditions are available on the Holiday Web Design web site (www.holidaywebdesign.com).
1.4 By Signing Up for any of our Services You agree to be bound by all Holiday Web Design Terms and Conditions.
2 Definitions
2.1 In these Terms and Conditions unless otherwise stated the following terms shall have the meanings described below:
2.1.1 "Additional Charges" means any charges payable to the Company for services not included in the Service, details of which can be found on Our website (www.holidaywebdesign.com) and which may vary from time to time.
2.1.2 "Charges" means the charges payable by the you for the provision of the Services details of which can be found on Our website (www.holidaywebdesign.com) and which may vary from time to time;
2.1.3 “We”, “Us”, “Our” and "Company" mean Holiday Web Design
2.1.4 “You”, “Your”, “Customer” means the person or organisation who, by Signing Up for one of Our Services enters into an agreement with Us to receive those Services bound by these Terms and Conditions.
2.1.5 "Start Date" means the date upon which You Sign Up to receive Our Service in accordance with these Terms and Conditions
2.1.6 “Trial Period” is the period of time commencing on the Start Date during which We will provide Service at no charge details of which can be found on Our website
2.1.7 "Expiry Date" is the date on which the Service that you have paid for will be terminated unless you make an additional payment to extend the Expiry Date. Upon completion of the Sign Up process the Expiry Date for your Site will be determined by adding the duration of the Trial Period (if any is provided) to the Start Date.
2.1.8 "Intellectual Property Rights" means all or any registered or unregistered intellectual property rights in any part of the world, including but not limited to patents, design rights, copyrights, topographical rights, know-how, rights in inventions and ideas and rights to confidence together with any right to apply for any such intellectual property rights and the benefit of any applications for any such intellectual property rights;
2.1.9 "Service" and "Services" means the provision of a Holiday Web Design Site or any of Our other products or services to you.
2.1.10 “Site” means a hosted web site provided to you through the Holiday Web Design website and which you are able to update using standard web browsing software.
2.1.11 “Sign Up” means the process of registering on Our website in order to receive Services from Us.
2.1.12 "Working Day" means a day other than a Saturday or Sunday and excludes United Kingdom Public Holidays.
3 Delivery Times
3.1 When you Sign Up for our Service your site will be live upon completion of the Sign Up process. For bespoke/custom work we will agree a schedule of payment and delivery.
3.2 Holiday Web Design cannot provide guarantees or estimates of delivery times for Domain Name changes since these timescales depend on factors outside our control.
4 Service Availability
4.1 Holiday Web Design shall exercise all reasonable efforts to make the Service available to You at all times. However due to the nature of Internet based services and the constraints of computer technology, there may be instances where this can not be guaranteed and your site is not live. The Service shall not be fault free.
4.2 From time to time we will need to carry out maintenance, modification and testing of the Service during which time we shall be entitled to suspend the Service. Maintenance is necessary to implement generic changes to, or generic version updates of, the Service. We shall also be entitled to suspend the Service during any technical failure of the Service, where it is necessary to safeguard the security and integrity of the Service, or where necessary as a result of other unforeseen circumstances. Holiday Web Design shall keep all such suspensions to a minimum.
4.3 We will not refund payments or be held liable for any loss of revenues caused as a result of your Service not working.
5 Holiday Web Design Directory
5.1 It is entirely at Our discretion whether Your Site is included in the Featured Sites section of the Holiday Web Design web site (www.holidaywebdesign.com).
5.2 We may at our discretion include your Site in a directory of Sites which allows users to search for Sites based on generally accepted criteria.
6 Support
6.1 We will endeavour to provide continuous high quality Service. If you experience problems with your Service, you should consult the Help or Questions sections of Our website (www.holidaywebdesign.com). Should You fail to find a resolution to Your problem on Our help pages then You should submit a support question using the forms provided.
6.2 We aim to give outstanding service and value for money, however We recognise that from time to time issues can arise that need to be escalated. We are committed to resolving any such issues as quickly and efficiently as possible. The following section gives information on how to contact Us, and what to do if You have a complaint.
1. If you are unhappy with any of our services, or you feel that you have not received a satisfactory response from our Customer Support teams, you may send your complaint in writing to:
Customer Support.
Holiday Web Design
64 East Park Farm Drive
Charvil
Berkshire
RG10 9US
Alternatively you may email us at support@holidaywebdesign.com
2. On receipt of your complaint we will thoroughly investigate any issues raised and propose a course of action for resolution. You should expect to receive a response to your query within seven working days of us receiving your correspondence.
3. If you are not satisfied with the action we plan to take, you should request that your complaint be reviewed again explaining the reasons why you feel our initial response was not satisfactory.
4. You should expect to receive a response to your query within seven working days of us receiving your correspondence.
7 Acceptable Use
7.1 We reserve the right to suspend or terminate your Services and/or access to Our servers where We decide that Your account has been inappropriately used. We reserve the right to refuse Service and/or access to Our servers to anyone.
7.2 You must not attempt to access privileged server resources or administration features for Sites which are not Yours. Should we reasonably believe that you have attempted to circumvent the security of the Service we will suspend your Service immediately without notice.
7.3 You may not use or attempt to use Our email Services (such as Booking or Question forms) for any purpose other than the original intended purpose (i.e. submitting genuine booking enquiries or asking technical support questions). Prohibited uses include but are not limited to manipulating these Services into sending mass emails.
7.4 Where We have received significant volumes of complaints concerning Your use of the Service, or where We reasonably believe that the Service is being abused, We reserve the right to suspend or terminate your Service immediately without notice.
7.5 We are committed to assisting, and cooperating with, all law enforcement and government agencies in helping to reduce Internet crime.
7.6 We will suspend a Site which contains invalid or fraudulent details.
7.7 When a Site is found to be monopolising resources (defined as bandwidth, processor utilisation or disk space) We reserve the right to suspend that Site immediately in order to preserve adequate service levels for other Customers. This policy is only implemented in extreme circumstances where we find a Customer to be using server resources to such an extent that he or she may jeopardise performance for other Customers and is intended to prevent the misuse of our servers. You may be offered an option whereby We continue to provide the Service for an additional fee.
8 Acceptable Content
8.1 We reserve the right to suspend at Our discretion any Site that fails to adhere to the following criteria as soon as we are made aware:
8.1.1 The primary purpose of any Site must be to provide web-based content to viewers. You must not link to content hosted on third party web sites.
8.1.2 Sites must not contain material protected by copyright or other material which is or could be deemed to be illegal. The onus is on You to prove that You own the rights to publish material, not for Us to prove that you do not.
8.1.3 Sites must not contain pornographic or other lewd material. Adult Material includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to Our discretion.
8.2 You are responsible for all updateable content on Your website, and any content that You provide to Us to display on Your Site. We cannot be held responsible for any content that You display, and You warrant that You are the copyright owner of all material that You display on Your Site, or that You have obtained the necessary permissions to use that material, the nature and terms of that usage must have been agreed between you and the third party in writing.
8.3 By posting information and images on Your Site, you agree to comply with UK advertising standards guidelines (see www.asa.org.uk). In particular, You do not provide false or fraudulent information.
8.4 We reserve the right to withdraw material from your Site if it can be deemed to be offensive or in breach of UK law. In particular, we do not allow pornographic images to be published using Our Services.
9 Protection of Intellectual Property and Copyright
9.1 By accepting these terms and conditions, you are agreeing to comply with UK copyright law and guidelines (further information about which can be found at www.patent.gov.uk).
9.2 You warrant that You are the copyright owner of all material that You display on Your Site, or that You have obtained the necessary rights, consents or permissions as may be required to use that material. The nature and terms of that usage must have been agreed between you and the third party in writing.
9.3 The intellectual property rights that exist in the Service are owned by Us. By supplying you Service, we are not transferring or assigning any intellectual property rights in or relating to them to you.
9.4 Where We create intellectual property rights during or as a result of the supply by Us of Services to you, We shall own all such intellectual property rights. Where We create intellectual property rights through or as a result of performance of Additional Services, We shall own all such intellectual property rights.
10 Confidentiality
10.1 We shall be entitled to keep records of your information, which We shall use to perform Our obligations under this Agreement, and for related purposes.
10.2 We shall be entitled to disclose your information (or any other information that We are required to disclose as a consequence of the Data Protection Legislation, by order of any court of competent jurisdiction or any other statutory or regulatory authority to which We are subject) to the following third parties (some of whom may be outside of the European Union):
· financial agencies (including debt collection or credit reference agencies, fraud monitoring schemes & credit providers)
· companies or agencies who provide to Us products or services which support the Services;
· legal or regulatory authorities, government or security agencies;
· any other third parties to whom, in Our reasonable opinion, it is necessary to disclose such information to enable Us to fulfil Our obligations under this Agreement.
11 Reporting Misuse
11.1 In order to investigate misuse we need you to send as much information as possible and your contact email address and phone number. Below are details that we will need from you when investigating internet misuse; reports will not be investigated unless these details are received.
11.1.1 If you see any port scanning, attempted hacking or firewall activity on your own servers originating from a Holiday Web Design IP Address, then please send us your URL, your web server log (showing the IP Address, Time, Date and Time zone of the IP Address attacking your server) and any details of the misuse that has taken place.
11.1.2 For email misuse (including spam) we require the full header and content of the Email message.
11.1.3 If you become aware of any web space hosted by Holiday Web Design that you feel is in contravention of these Terms and Conditions, then please email us with the details including the URL (such as www.holidaywebdesign.com), the time and date that you noticed the infringement, any details regarding how you came to view the material and a precise description of why you believe the site to be in breach.
11.2 We will actively report any illegal activities that take place on our servers to the Police.
12 Payment
12.1 All Services are provided on a prepaid basis. Service will continue until the Expiry Date is reached. You should make Payments monthly or annually on the anniversary of the first payment date by direct bank transfer or by regular credit card payment. Each monthly or annual Payment will extend the Expiry Date by the appropriate amount.
12.2 Although We reserve the right to change prices of Services at any time, all pricing is guaranteed for the period of prepayment.
12.3 All payments are made in UK sterling. You are able to make payments in other currencies by credit card however such payments will be converted from UK pounds sterling at the time of payment.
12.4 In order to streamline our accounting procedures and keep costs down Holiday Web Design currently runs a limited number of payment options.
· Credit / Debit Cards: all major credit cards using PayPal.
· Direct bank transfer
13 Trial Period
13.1 For new customers we may offer an initial Trial Period. New Sites will be configured to expire at the end of this Trial Period during which no payment will be required. This Trial Period is provided without any limitations in order to allow our customers to fully test the Service.
13.2 At the end of the Trial Period the Service will be discontinued unless the customer has made a Payment in order to extend the Expiry Date beyond the end of the Trial Period Expiry Date.
14 Cancellation and Refunds
14.1 We reserve the right to cancel the Service at any time. In this event You will be entitled to a pro rata refund based upon the remaining service period unless You have contravened these Terms and Conditions in which case no refund will be due.
14.2 You may cancel Your Service at any time by stopping Your regular Payments. In this event Service will continue until the current Expiry Date at which time Service will be discontinued. Any prepaid fees will not be refunded.
14.3 We reserve the right to continue providing Service beyond the Expiry Date at our discretion. This does not constitute any formal contract or create any obligation for us to continue providing Service at no charge. If we do exercise this right it is solely for the purpose of enabling You to receive continuous Service should you wish to reinstate your Service by making a Payment.
14.4 Our Services are provided on an agreed fee basis and have a Trial Period available. We therefore expect that when You commit to Our Service You have done so in full knowledge of the Service you will be getting and how much You will be paying for it. We cannot therefore offer refunds should the Service fail to meet Your requirements.
14.5 Although We do Our utmost to ensure that We provide You with the Service that You require, We do not guarantee that Our Services will meet Your requirements or that they will be free from error.
15 Suspension of Services
15.1 Where You breach these Terms and Conditions, We shall be entitled to fully or partially suspend Your use of the Service, in addition to any other rights We have under these Terms and Conditions.
15.2 If we suspend a site for any reason, we will where reasonably practical:
15.2.1 Send an email to the site owner, informing them of the suspension - please ensure you use an email address that will be unaffected by any suspensions, to ensure that you are made aware of any changes in your account status.
15.2.2 Provide correspondence detailing the reasons for the suspension and what actions, if any, you should take to rectify the situation.
15.2.3 Work with you to suggest a resolution to the issue at hand and arrange for the restoration of services in the shortest timescale possible once an agreement has been reached.
15.2.4 Reserve the right not to re-enable any domain or server that has a history of similar misuse.
15.3 During any suspension of Service, You shall continue to pay all Charges due for the use of your Services.
15.4 Restoration of any and all services suspended will be considered on a case-by-case basis.
16 Reselling of Services
16.1 You shall not resell or give away Our Service to other parties.
17 Security
17.1 You shall keep all passwords confidential. We shall be entitled to change Your passwords from time to time should such action be deemed necessary by Us.
17.2 You shall inform Us immediately if You believe or suspect that the confidential nature of Your password has been breached or prejudiced and We shall assist You in changing all affected passwords.
17.3 We are happy to answer any questions You may have regarding Your Services. Please note that any discussions are treated in strictest confidence, so We may need to ask You security questions to confirm that We are speaking to the right person.
18 Privacy
18.1 We reserve the right to email You information about enhancements to Our Service. Your email address will not be passed to any other parties at any time.
18.2 All information, mail messages and other data stored on Our computer system will be treated as private and solely the property of the Customer at all times and will not be duplicated, copied, reproduced or viewed publicly in any way except with Your express or implied permission and/or for the purpose of Our back up services and/or providing You with Services and/or for Our own internal purposes such as market research.
18.3 We expressly point out to You that by Signing Up to receive Service You acknowledge and agree that once Your unencrypted data passes onto the Internet, it is not secure and is open to unscrupulous use. We cannot accept responsibility or liability for any data or information that becomes available by such means against Your wishes and We recommend the use of encryption for transfer of sensitive data or information.
18.4 You accept that We will put Your name on Our mailing list for receipt of product information and other advertising material from Us unless You inform the Company in writing that You do not wish to receive such material.
19 Indemnification
19.1 You agree to indemnify Us and related third-parties against any and all losses, damages, penalties, costs including legal fees and other expenses that may occur from Your use of Our Services or result from either your breach of these Terms and Conditions or any infringement of copyright or other intellectual property rights.
19.2 You agree to indemnify us against liabilities arising out of any injury to person or property caused by any Services (defective or otherwise) sold or otherwise distributed in connection with the Service.
20 Disclaimer
20.1 We will not be responsible for any damages Your business may suffer. We make no warranties of any kind, expressed or implied for Services we provide.
20.2 We do not back up Your data/Site and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, We cannot guarantee to be able to replace lost data and We are not responsible for any loss or damage to it. Please ensure that You keep Your own backups and understand that You use Our Services at Your own risk.
20.3 We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all Service interruptions caused by Us and Our employees.
20.4 We reserve the right to revise Our policies at any time.
20.5 This website and its content are provided "as is" and we exclude to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. The functions embodied on, or in the materials of, this website are not warranted to be uninterrupted or without error. You, not us, assume the entire cost of all necessary servicing, repair or correction due to your use of this website.
21 Liability
21.1 Except as specifically stated in these Terms and Conditions or elsewhere on this website, or as otherwise required by applicable law, neither Us nor Our directors, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of Your use of, Your inability to use, or the performance of this Service or the content whether or not We have been advised of the possibility of such damages.
21.2 To the extent permitted by law, We shall not be liable to You save as expressly provided for in these Terms and Conditions and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise to You.
21.3 So far as is permitted by law We make no warranty to You as to the quality or the fitness for purpose of the Service.
21.4 You will indemnify Us for all loss of revenue, business profits, costs and expenses arising from any failure by You to use the Services in accordance with these Terms and Conditions and against any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with Your use of the Service.
21.5 We disclaim all liabilities in connection with the following :
- loss of material uploaded
- incompatibility of the Site with any of the Your equipment, software or telecommunications links
- technical problems including errors or interruptions of the Site
- unsuitability, unreliability or inaccuracy of the Site.