....for using our services
This Agreement constitutes the entire agreement between the Customer as an authorised user and Coolfish Designs and by using our services, the Customer accepts, and agrees to be bound by, this Agreement.
From time to time, it will be necessary to update the terms and conditions and the Customer agrees to be bound by the new terms and conditions by their use of the system after the implementation date for them.
The Customer is responsible for reviewing information regularly posted online in the terms and conditions pages.
1. Acceptable Use Policy
You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any content uploaded or distributed or stored by you does not infringe the rights of others.
Spamming or any type of unsolicited commercial or non-commercial email, is strictly prohibited, and your account may be suspended if you are found to be doing so.
Monthly bandwidth allowance is stated as quoted. However, if we feel that a customer is using excessive amounts of bandwidth, and this is affecting the service we provide to our other customers, then we reserve the right to cancel their hosting package and offer them a full refund less any domain name registration fees.
Coolfish Designs may include information about our clients in promotional materials and advertising and may make such information available to third parties for promotional or advertising purposes and the Customer agrees that files which they have uploaded to Coolfish Designs may be used in such manner and for such purposes. Please see our privacy policy for more details.
The Customer warrants that the name, address and payment information that the Customer provides when the Customer first uses Coolfish Designs is correct, and the Customer agrees to notify Coolfish Designs of any changes in name, address and/or payment details.
The Customer warrants that they have permission to use and publish any and all content provided by them for inclusion on their Site, or that such material is non-copyrighted and may be used freely.
The Customer warrants that they are at least 18 years of age and that they possess the legal right and ability to enter into this Agreement and to use Coolfish Designs in accordance with this Agreement.
The Customer agrees to be responsible for the use of Coolfish Designs and to comply with their responsibilities and obligations as stated in this Agreement.
The Customer agrees to keep secure any identification, log in, password and other confidential information relating to their account, if they have been supplied with such information. The Customer is personally responsible for the use of their account and the secrecy of their password. The Customer must also inform Coolfish Designs immediately if someone steals their password or if they find someone else is using their ID. The Customer agrees to co-operate with Coolfish Designs and the police concerning any legal action taken arising from the misuse of the Customer's account by anyone else.
2. Charges
All web pages, scripts, databases, graphics or other digital products created by Coolfish Designs remains the property of Coolfish Designs until payment for such products is received in full. In certain circumstances Coolfish Designs will allow the customer to have an agreement to use a script owned by Coolfish Designs whilst the customer remains hosted on Coolfish Designs servers.
Payment terms are strictly 30 days.
Coolfish Designs expressly reserves the right to terminate or suspend the Customer's subscription without prior notice should the Customer fail to comply with these Terms and Conditions or fail to pay an invoice in full as in the stated payment terms as displayed on the invoice.
For the transfer of a domain name hosted with Coolfish Designs to another internet service provider an administration charge of £25 will be levied, which must be paid before before the transfer is completed.
Coolfish Designs reserves the right to change prices or institute new charges for use of Coolfish Designs at any time.
Any prices agreed through a formal quotation are valid for 30 days from the date of that quotation.
Site content (for example, text and images) should be supplied by the Customer within a period of three Calendar Months following the date on which the Agreement Form for design of the Site is signed by the Customer. Site content submitted by the Customer after this date will attract a further charge at the standard rates of Coolfish Designs.
Refunds will be given solely at the discretion of the Company Management.
Cancellation rights
Both parties have the right to terminate the contract without reason or penalty within 7 days from the date the agreement form is signed by the customer. In the event of termination we shall refund to you all sums paid by you to us within 30 days from the date of cancellation. We cannot refund hosting, domain fees or any software purchased on your behalf.
In no circumstances except within 7 days of the Agreement being signed may a refund of fees for hosting and design be payable by Coolfish Designs. Should the Customer cancel regular payments without providing any notice of so doing, then the entire outstanding amount as per quotation and agreement shall become payable with immediate effect.
3. Responsibility
We reserve the right to remove any information/material we deem to be in breach of any of these terms without notice, and without prejudice to any other accrued rights, and/or to make available such information/material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
Coolfish Designs will at all times use best endeavours to attempt to maintain an uninterrupted and error-free service, however Coolfish Designs make no representations or warranties regarding the services provided by them.
The Customer's use of Coolfish Designs is at their own risk. The Customer accepts full responsibility for such use and the risk of any loss resulting from their use of the system and the content of their pages. The Customer also accepts full responsibility for safeguarding their own data.
Notwithstanding contrary clauses in this Agreement, in the event that Coolfish Designs are deemed liable to the Customer for breach of this Agreement, the Customer agrees that Coolfish Designs liability is limited to the amount actually paid by the Customer for their subscription. The Customer hereby releases Coolfish Designs from any and all obligations, liabilities and claims in excess of this limitation.
4. Indemnification
The Customer agrees to indemnify Coolfish Designs from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon or relating to the use of the Customer's web pages, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever.
Coolfish Designs will notify the Customer promptly of any claim for which Coolfish Designs seeks indemnification at the currently supplied address. Coolfish Designs will afford the Customer the opportunity to participate in the defence of such claim, provided that the Customer's participation will not be conducted in a manner prejudicial to Coolfish Designs interests, as reasonably determined by Coolfish Designs and/or their lawyers.
Notices to Coolfish Designs must be confirmed via conventional mail.
5. General Terms and Law
Coolfish Designs reserves the right to carry out normal system housekeeping such as creating backups AND do not accept responsibility for ensuring said backups work - the Customer's data security is their own responsibility.
The Customer acknowledges that no joint venture, partnership, employment, or agency relationship exists between the Customer and Coolfish Designs as a result of their use of Coolfish Designs. The Customer agrees not to hold themselves out as a representative, agent or employee of Coolfish Designs. The Customer agrees that Coolfish Designs will not be liable by reason of any representation, act or omission to act by the Customer.
Coolfish Designs performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Coolfish Designs right to comply with law enforcement requests or requirements relating to a Customer's use of Coolfish Designs or information provided to or gathered by Coolfish Designs with respect to such use.
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).
Complaints
The Contract between us shall be governed by the laws of England and any dispute will be resolved exclusively in the courts of England. We operate a complaints handing procedure which we will use to try to resolve disputes when they first arise.
Enforcement
Failure by us to enforce any of these terms and conditions will not affect our right to enforce the remainder of these terms and conditions.