General Terms and Conditions
These terms and conditions shall govern the relationship between us and you and shall prevail despite the existence of any printed or other conditions even if such conditions purport to take precedence. Please read them carefully.
Your attention is in particular drawn to the following conditions which are of special importance:
2.7 Estimated dates
3 Contract Period and Renewal
4.2 Your responsibility to back-up data
6 Our liability to you and the Right to Cancel
8.7 and 8.8 Chargeback Fees
9 and 10 Termination
1.1 References to "we", "us" and "our" are references to Print Copy Systems Limited (trading as shine Systems) registered in England (company registration number 5328775).
1.2 The terms "you" and "your" refer to any individual, company or business to whom we provide our Services as specified in the online customer order form including a person reasonably appearing to us to act with your authority.
1.3 In these conditions the following words and expressions shall have the following meanings:
"Commencement Date" means the date of our acceptance of your order as notified to you under our account activation notice;
"Contract" means any contract between us and you for the supply of Services incorporating these conditions;
"Domain Names" means Internet addresses which have been registered with the central registration authorities on the Internet on your behalf;
"Gigabyte" means 1,073,741,824 bytes or characters of information;
"hosting" means the making available of your Domain Name on the Internet;
“Internet” means the network of interconnected e-communications and computer systems connected by internet protocol numbers;
"Megabyte" means 1,048,576 bytes or characters of information;
"Renewal Date" means the day following the end of the first billing period specified in the online customer order form and the day following the end of the relevant billing period from time to time;
“Services” the internet services to be provided by us to you as specified in the online customer order form together with any other services which we provide, or agree to provide, to you;
"Upload" means to transfer computer files to our computer system for publication on the Internet or WWW;
"Web Site" means the area on our computer system allocated to you for the purpose of this Contract;
"WWW" means World Wide Web service available on the Internet;
1.4 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.5 Condition headings do not affect the interpretation of these conditions.
1.6 Any words in the singular include the plural and vice versa.
3. CONTRACT PERIOD
3.1 Subject to termination under conditions 9 and 10 this Contract shall begin on the Commencement Date and shall automatically renew on the relevant Renewal Date for successive periods equal to the billing period set out in the online customer order form or for such period as subsequently agreed by us in writing.
4. YOUR RESPONSIBILITIES
4.1 You agree that you will keep secure the login name and password specified on your online customer order form and not to pass that information to any unauthorised person. In the event of your login name and password being used by any unauthorised person, we accept no responsibility and you will be liable for additional charges arising therefrom.
4.2 It is your sole responsibility to make regular back-ups of your data and files used in connection with the Services. Even though we may make our own periodic back-ups for server maintenance purposes we are not responsible whatsoever for your data or files.
4.3 You agree that you will not:
4.3.1 perform any action that will reduce performance of our servers to the detriment of other users;
4.3.2 upload any virus to the Web Site which could infect our server or other equipment;
4.3.3 allow a virus to enter the Internet by allowing Internet users to download files containing viruses or (knowingly or otherwise) from their web space which is on our server;
4.3.4 upload any material which infringes the intellectual property rights of any other party. We accept no responsibility for your actions in either uploading material to the Internet or in your transferral of any material to other Web Sites (or vice versa);
4.3.5 upload any material which may be considered to be contrary to public decency and morality including (but not limited to) pornographic, barbaric and overtly tasteless material. We reserve the right to randomly inspect the Web Site and in the event that any unauthorised material has been uploaded to that Web Site, we reserve the right to inform the relevant authorities and to terminate this Contact forthwith;
4.3.6 cause or permit or in any way assist in any unauthorised publication or any dissemination of defamatory material or any material which could be considered to be in breach of the civil or criminal laws of England and Wales;
4.3.7 commit any act whereby access is gained by you to any information or resources of any person, body corporate individual, partnership, government agency, national institution, charity or recognised organisation without first having obtained authority from those persons or institutions;
4.3.8 use our servers or network to send unsolicited or spam e-mail to other Internet users regardless of whether we are referred to or not either directly or indirectly in such postings. Failure to meet this obligation would result in the termination of this Contract without refund;
4.3.9 not to use our servers or network either directly or indirectly in a way that would have a detrimental effect on network performance;
4.3.10 do any act or omission the result of which would have the effect of bringing us into disrepute.
5. HIGH RESOURCE USAGE POLICY
5.1 Where we do not operate a bandwidth capping policy we maintain high ratios of bandwidth per Web Site. In the rare circumstances that a user utilizes our server resources to such an extent that it may jeopardize server performance and resources for other users then we reserve the right to implement the following High Resource User Policy at our sole discretion:
Where a service is delivered with bandwidth restrictions and/or limitations we reserve the right at our sole discretion to charge you for excess bandwidth used however caused at the rate of 45 pence per gigabyte or part thereof.
5.1.1 Resources are defined as bandwidth, processor utilization or disk space;
5.1.2 We reserve the right to suspend or terminate any Web Site immediately in order to prevent the misuse of our servers and to maintain maximum availability for other users. You may be offered alternate hosting options including us hosting the Web Site for an additional fee.
As the Services are normally supplied immediately unless agreed otherwise with us there is not normally an opportunity to cancel under regulation 13 of the Consumer Protection (Distance Selling) regulations 2000. (http://www.opsi.gov.uk/si/si2000/20002334.htm_)
7.1 Without prejudice to any other rights or remedies which we may have against you, you agree to indemnify and keep us indemnified against:
7.1.2 all costs, claims, demands, liabilities, expenses, damages or losses or expenses arising out of or in connection with any breach by you of this Contract; and
7.1.3 all costs, claims, demands, liabilities, expenses, damages or losses or expenses arising out of any action brought or threatened against us by a third party which is caused by or arises from any action or omission of ours carried out pursuant to your instructions.
8. CHARGES AND PAYMENT
8.1 Charges are payable in advance depending on the Service purchased as set out in the online customer order form and time for payment shall be of the essence. It is a condition of the provision of our Services that a regular credit or debit card payment agreement is in force for the duration of this Contract and you agree to either update your details yourself via the control panel or to inform us and/or WorldPay immediately (who administers the payment system) of any change to your credit card or contact details.
8.2 You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by us to you.
8.3 All payments payable to us under the Contract shall become due immediately on its termination despite any other provision.
8.4 Without prejudice to our other rights we reserve the right to charge daily interest on all outstanding amounts from the due date until payment is received in full at the rate equal to 4% per annum above the HSBC Bank plc base lending rate as current from time to time whether before or after judgement. Interest shall continue to accrue notwithstanding termination of this Contract for any cause whatsoever. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
8.5 Value added Tax where applicable will be added at the appropriate rate to the total of all charges shown on your invoice.
8.6 Where payment is by credit card or debit card you expressly authorise us to charge recurring billing by such method until we receive from you a completed account cancellation notice (see condition 10.2) or the Services end.
8.7 If you dispute any payment made to us you shall contact us immediately to discuss repayment. In the event that you submit an unjustified chargeback (being a credit card or debit card chargeback or cancellation of a cheque or submission of a cheque that is returned for any reason) then the following shall be due and payable by you within 7 days for each instance of a chargeback:
8.7.1 the charges due and payable by you for the Services used in the period covered by the chargeback; and
8.7.2 such chargeback costs as are levied upon us by your bank or credit card company; and
8.7.3 a chargeback administration fee of £50; and
8.7.4 our reasonable costs and losses incurred in recovering the above-mentioned fees including debt recovery costs, legal fees and debt collection costs.
8.8 In the event of an unjustified chargeback our right to terminate this Contract as set out in condition 9 shall apply save that the period in clause 9.2 shall be shortened to 14 days and the period in condition 9.3 shall be shortened to 10 days.
9. TERMINATION OF THIS CONTRACT BY US
9.1 If you do not pay any charge when due or materially breach this Contract in any other way we can terminate this Contract immediately without the requirement of prior notification.
9.2 If any sum payable under this Contract is still outstanding one month after the service of written notice to you requiring you to pay all outstanding sums in full we may in our absolute discretion suspend the Services.
9.3 If you have still not paid within 14 days of the written notice referred to in condition 9.2 we may in our absolute discretion disconnect the Services, delete your data and terminate the Contract and, if appropriate charge you a daily rate for storage of any of your equipment. Where any charges or payments are still outstanding from you, you must pay us in full (including any outstanding interest) before we release your equipment to you.
9.4 Should we reasonably deem you a threat to the integrity of the our network whether as a result of your actions or threats of such actions or by hostility of your actions or due to any other reason which in our considered opinion would be against our business interest, then we can terminate this Contract immediately without the requirement for prior notification.
9.5 If you go into liquidation or (in the case of an individual or firm become bankrupt) make a voluntary arrangement or have a receiver or administrator appointed we can terminate this Contract immediately without the requirement of prior notification.
9.6 Termination of this Contract by us will result in the retaining by us of all monies received from you who will not be entitled to a refund of monies paid.
9.7 Upon termination of this Contract you shall nevertheless remain liable for all charges due or which would have been payable under this Contract.
9.8 On termination of this Contract we will remove all materials held on our systems and remove all your system privileges.
9.9 Subject to our sole discretion after termination, if we agree that you may once again be reconnected to the service, any reconnection will be subject to an administration charge of £50 together with any outstanding charges payable prior to the reconnection.
10. TERMINATION OF THE CONTRACT BY YOU
10.1 You can terminate this Contract:
10.1.1 at any time within the first 30 days of the Commencement Date subject to the exclusions listed within our 30 day moneyback guarantee and receive a full refund, less any Domain Name registration charges or charges for additional services not included as a part of one of our standard hosting plans;
10.1.2 at any time after the first 30 days of the Commencement Date however unless notice under condition 10.2 is received prior to the next Renewal Date this Contract shall automatically renew for the period covered by the issued renewal notice and no refund will be payable to you and you will remain liable for all charges to the end of the Contract period as defined in condition 3.;
10.2 You must notify us of termination by delivering to our contact address a completed account cancellation notice which can be obtained form us on request.
11.1 On receipt of a valid cancellation notice, we may, at our sole discretion, refund unused time paid..
11.2 A cancellation notice must be received prior to the relevant Renewal Date in order for a cancellation to be effective and processed prior to a renewal payment being taken.11.3 Where at our sole discretion we choose to accept a late cancellation notice an administration charge may be applied to any refund issued with the sole exception of refunds issued in line with our 30 day money back guarantee, in which case no fees are payable.
12. FORCE MAJEURE
12.1 We are not liable for any breach of this Contract if the breach was caused by an act of God, insurrection or civil disorder, war or military operations, terrorism, national or local emergency, protests, riot, civil commotion, acts of omissions of government, highway authority or other competent authority, our compliance with any statutory obligation, industrial disputes of any kind (whether or not involving our employees), fire, lightning, explosion, flood, subsidence, weather of exceptional severity, acts of omission of persons whom we are not responsible (including in particular other telecommunication service providers), or any other cause whether similar or dissimilar outside our reasonable control provided that, if the event in question continues for a continuous period in excess of 90 days, you shall be entitled to give notice in writing to us to terminate the Contract.
13. PROPER LAW
This Contract is to be treated as made in England and Wales according to English and Welsh Law and subject to the jurisdiction of the English and Welsh Courts.
14 LIMITATION ON ASSIGNMENT
14.1 You must not assign the benefit of this Contract in whole or in part.
14.2 We reserve the right to assign the benefit of this Contract by giving prior written notice of any assignment to you.
14.3 Except with our prior written consent the Service shall not be used by or on behalf of any person other than you or a third party specified on the application form and no condition shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act.