Mid Wales Design has the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality.
Mid Wales Design is referred to in this document as ‘midwalesdesign.co.uk’, ‘Mid Wales Design’, ‘us’, ‘we’ and ‘our’. The customer is referred to as ‘you’, ‘your’, ‘the customer’ and ‘the client’. By opening an account with Mid Wales Design, you are agreeing to your account being governed by the Terms Of Service set out in this document.
CAREFULLY READ the terms of this agreement which governs your use of the Mid Wales Design Service. Mid Wales Design may modify this agreement at any time and in any manner. Any modification is effective immediately upon either a facsimile, electronic mail, or conventional mail notice. Your continued use of the Mid Wales Design Service following notice of any modification to this agreement shall be conclusively deemed as acceptance of all such modification(s). All changes to this contract will be conducted through the e-mail address you have provided to us. It is your duty to keep this address up to date, and to notify us of any changes.
General Terms & Conditions
The following terms relate to products and services supplied by Mid Wales Design (referred hereinafter as ‘our’, ‘we’ and ‘us’). The general terms apply for all products and services, including web design & development, web hosting, domain management, and consultancy services.
Proceeding with an order verifies your acceptance of both the general terms & conditions and product/service specific terms. This policy corresponds to all Mid Wales Design services. All contracts and agreements entered into are governed by English law and we reserve the right to make changes to these TOS & AUP.
We operate a paperless billing system. Your account will be suspended if you fail to pay your invoices on time. If your account is suspended due to a billing issue, you will be charged an administration fee of £40 to have your account unsuspended (see note below). If you do not pay your invoice within 14 days of the due date we may terminate your account and any data stored will be lost. The due date for all account payments is always the date stated on your invoice. Invoice due dates are usually set at 3 weeks prior to the appropriate service renewal date. This period ensures that we have sufficient time to ensure that renewal can be completed – eg. in the case of domain name renewals we have to use a 3rd party domain name registrar to register and re-register domain names, should those 3rd party providers have issues supplying their service it can delay the completion of the renewal process; similarly, when supplying and installing SSL certificates we have to purchase the certificate from a certificate provider, process the required data on the server in order to generate the correct certificate code, liaise with the client in order to validate the purchase, and then install the certificate. As these processes take time we must reserve that period of time to ensure that the service can be renewed when due. Any failure by the client to ensure that payments are received by us is solely the client’s responsibility, as is any inability on our part to renew a product or service prior to expiry. Also, in the event that a client has failed to make payment at the requested due date we do not guarantee that we can/will set aside any time to ensure that we can do so if payment is subsequently received; requests for us to renew services at short notices following late payment will incur an additonal charge for us to set aside the time to do this (however this does not constitute a guarantee that the requested service can/will be renewed on time).
Each account that you hold with us will be considered separate for the purposes of administration (including domain registration accounts); consequently administration charges may be levied on a per account basis, and not per invoice when invoices contain charges for more than one product or service.
Mid Wales Design guarantees a 99% uptime, you may request a refund of the purchase price (refunded in pro-rata) if this guarantee is not met over the course of one annum. Note that appropriate statistical data must be produced by the user indicating that our server’s uptime was less than 99% over the period in order to claim compensation. Planned downtime (of which you will be given notice) and downtime for emergency repairs are not included in this uptime guarantee.
Excluded from this uptime guarantee are issues relating to the registration and configuration of domains. Should a domain’s registration be allowed to lapse users will no longer be able to access either their web site or their account via that domain. Mid Wales Design accept no liability for such instances and clients consequently agree to indemnify Mid Wales Design entirely.
Similarly, issues relating to the DNS settings of a domain may occur as a consequence of the actions or omissions of third party suppliers, including those suppliers used by Mid Wales Design. For example in rare instances a DNS record may become corrupt and the domain cease to work until the record is repaired or updated. As all domains have to be registered through a domain registrar whose services are contracted by our clients, or by Mid Wales Design on behalf of our clients, Mid Wales Design cannot and will not accept any liability for such errors, and accordingly all clients agree to indemnify Mid Wales Design in full against this risk.
In no event will Mid Wales Design be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Mid Wales Design’s web hosting services or any content thereon. If you intend to use your web space for any secure or confidential data you accept that it is your responsibility to ensure the security of that data and you agree to indemnify Mid Wales Design against any loss. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.
Mid Wales Design does not routinely perform or supply client backups and clients are advised to conduct regular backups of their accounts.
We do not routinely take backups of hosted sites, and advise clients to do so for themselves. However in the event that a site needs to be restored it may be possible for us to recover and restore the required data. In this eventuality there will be an administration charge of £40, plus any additional charges incurred by us (to include, but not be limited to, a fee to cover our time at our current hourly rate, plus any additional fees that may be charged by the data centre). This clause does not constitute a guarantee that a backup can be retrieved.
Website management and website software updating
Unless specifically contracted to do so, Mid Wales Design are not responsible for keeping clients website software such as content management systems, plug-ins and shopping carts updated to the latest versions. Website management and hosting account management are the sole responsibility of the client and any client not keeping their software up-to-date and secure is liable to have their site suspended with immediate effect in order to protect the integrity of the server and other accounts hosted on it. There will be an administration charge of £40 to unsuspend accounts, which must then be upgraded immediately following the unsuspension. Any failure to do so would then result in account termination without recourse for refund.
Third party/open source software licenses
We will ensure that third party products are kept up to date for clients with an active subscription for our Content management system, theme and plugin updating service. Unless clients have purchased the items directly, support for third party products is provided via our own licenses which are not transferrable.
Acceptable Communications Policy
Mid Wales Design expects and requires that at all times, and without exception, all client communications be made in a polite and respectful manner. We have a zero tolerance policy with respect to abusive emails or telephone calls directed at any member of our team or suppliers. Any client breaching this policy risks having their account closed. In such cases Mid Wales Design may take one of the following actions:
Issue a warning to the client, following which further abusive contact will result in immediate suspension of their account.
In extreme cases, closing or suspending the account without notice.
In cases where we suspend an account, if a client requires access to any data on their account prior to moving they will be required to pay our standard administration fee (currently £40) in order to have their account unsuspended.
At no time will Mid Wales Design make a refund for the balance of payments made on accounts closed under this policy and all clients agree to abide by this policy in its entirety.
The online version of this document will at all times be the most up to date and complete copy and will supercede any other version in publication.
Web Hosting Terms & Conditions
Mid Wales Design provides web hosting under the following terms and all accounts on our web servers are subject to these terms and conditions without exception. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to the terms and conditions set out below.
For the purposes of this document content includes, but is not limited to:
the contents of your web pages, including all text, graphics and multimedia;
the contents of any database associated with your account;
all files, irrespective of type, stored on your hosting account, even if they are not made publically available;
all emails stored on or passing through your account.
You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization. This also applies to linking directly to illegal files or other sites that offer any illegal material.
Sound and video files that you own the rights to may be uploaded only after you are approved – you must inform us of any multimedia content on your site including confirmation of your copyright ownership or legally licensed permission to use said files in the manner used.
The following cannot be held on our servers:
ROMs and emulators
any links/affiliations to any of the above
phpNuke or any of its variants
If any of the above is found on your account then it will be deleted and you will be emailed with a warning. If a repeat offense is made, your account will be disabled with no refund given. However, if the initial breach of terms is strong enough your account will be immediately terminated. Deliberately changing the extension of a file to hide its contents will not work; it will be considered an illegal file and will result in the immediate termination of your account. You may not publish any material that is grossly offensive to the general on-line community, including but not limited to, exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, or invasions of privacy. This includes material that defames, abuses, harasses or threatens any person or group. Files or directories or email user accounts may not contain profane or sexually suggestive names or expletives. We reserve the right to be the final judge as to what is or is not acceptable and to terminate your account if your use of it causes a detrimental effect on other clients.
Mid Wales Design will not be held responsible for the content of pages hosted under our service. We do not review page content before it is posted and do not verify, endorse, or otherwise take responsibility for the content of any user-created pages.
However, we reserve the right to remove any page from our servers which we determine is violating our rules and guidelines.
Users are solely responsible for all files contained in their own directory, and can be held legally liable for the contents of their Web site.
If your account is disabled due to illegal use on your part your domain name will remain your property, however a £40 administration charge will be levied should you wish to move the domain to another provider.
Script usage and security
Clients are solely responsible for ensuring that all scripts installed by them (including any available within your account control panel) are patched and kept up to date.
Any client not keeping their scripts up-to-date and secure is liable to have their site suspended with immediate effect in order to protect the integrity of the server and other accounts hosted on it. There will be an administration charge of £40 to unsuspend accounts, which must then be upgraded immediately following the unsuspension. Any failure to do so would then result in account termination without recourse for refund. We do not keep or supply a backup in such cases and it is the client’s responsibility to ensure they have a viable working backup of their own data.
In some cases, at our sole discretion, Mid Wales Design may carry out work on a client’s site in order to secure it, instead of suspending the entire account. In this eventuality Mid Wales Design will charge the cost of carrying out the required work at our full hourly rate in addition to our standard administration charge of £40 + VAT. Failure to pay these costs when requested will result in a reversal of the work carried out and immediate suspension of the account.
You must not use the PHP, SSI and CGI services to gain illegal entry to our servers or to use them for intensive server-side tasks (any scripts which require more than 32MB of server memory and/or more than 30 seconds of server time to execute). Any over-use of these services that might impact on the performance of other accounts on the server may result in suspension of your account.
User names and passwords
When creating your hosting account Mid Wales Design will issue you with a user name and password in order to access appropriate areas of your hosting account; this may include, where appropriate, your control panel, FTP account and email accounts.
Users must keep their account access details secure and it is their sole responsibility if their account(s) become compromised as a result of failing to do so. In the event that a password has been shared with a 3rd party, if Mid Wales Design are required to intervene in order to update user details there will be an administration charge payable of £40.
Users may change their user names (except for the primary control panel and FTP account user name) and passwords if they see fit to do so. It remains the user’s responsibility to protect these access details once this has happened. Following any user update to their access details, if the user requires account related support from Mid Wales Design it may be necessary for those details to be shared with Mid Wales Design in order for us to gain access to certain areas of an account (such as database management options and email accounts). If this is the case then the user should present the updated details to us in good time, failing to do so could result in delays to receiving the support required and Mid Wales Design will charge for the time lost.
When accessing any feature of their hosting account users are required to enter the correct details.Failure to do so will result in a failed access attempt being logged by the server. Repeated failures will result in the user’s IP address being logged within the server’s blacklist and the user will no longer be able to access their account or web site.
In no event will Mid Wales Design be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to connect to Mid Wales Design’s web and email hosting services or any content thereon. If you intend to use your web space for any secure or confidential data you accept that it is your responsibility to ensure the security of that data and you agree to indemnify Mid Wales Design against any loss. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.
All users experiencing problems with connecting to the services that we provide them with should email directly as the first line of contact, or send a text during out of office hours. Users who try to contact us via any other method, or who do not supply sufficient information with which to diagnose their problem efficiently, may find that their support request is delayed. Mid Wales Design will not accept any responsibility for delays to support provision under these circumstances.
Customers are required to provide us with complete and up-to-date billing address details, and where appropriate a contact telephone number. Any failure to supply us with a postal address may lead to suspension of services until such information has been received.
We offer all personal (non-commercial) hosting clients a 7 day cooling off period from your initial date of sign up, except for renewals or future additional purchases of the same product/service. No refunds are offered for any domain names purchased or transferred, nor for charged-for work carried out on behalf of any client, and we reserve the right to charge an administration fee. Accounts, including all data, emails and files, terminated under this offer shall be removed from our server immediately.
Yearly hosting accounts will attract no refund should the account holder cancel their package during the 12 month period.
If clients cancel their account at the end of their contract, we will remove all all data, emails, files and back-ups from the server once their contract period has ended. Clients have access to backup website content and emails via their website admin and hosting admin control panels during their paid contract period. Mid Wales Design do not accept responsibility for any data lost during transfer to a new host, so please ensure you have fully backed up your content before closing your account.