Designh Services Terms and Conditions
Designh - Digital Media Agency
Designh provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Designh are subject to the following terms of service:
Designh shall use reasonable endeavours to provide continuing availability of the Server and the Services but Designh shall not, in any event, be liable for Service interruptions or down time of the Server. Technical Support is available from our website under the technical support section (see the Help Desk, , FAQ section and the Users Guide). Email technical support is available at firstname.lastname@example.org. For all virtual accounts, tech support covers connecting to the server, setup, email, path, uploading files issues and more but does not included troubleshooting and editing your website, perl or other scripts or databases. Designh has a code expert on hand to assist you if needed at £45/hour. For dedicated accounts, tech support is limited to initial setup, and thereafter only network related issues - the dedicated account holder must be or have someone be the sysadmin for their computer. Designh can support and admin your server but that service is not included in the price of the dedicated server. For information on what it would cost to have Designh be the sysadmin on your dedicated server, email email@example.com. For all Co-Located computers, tech support is limited to initial setup and thereafter network problems only. The Co-Located account holder must be or have someone be the sysadmin for their server. Designh can support and admin your server but that service is not included in the price of the Co-Located server. For information on what it would cost to have Designh be the sysadmin on your Co-Located server, contact firstname.lastname@example.org.
Deactivation and Termination
If any of these terms or conditions are not followed it will result in grounds for account deactivation. Any account on Designh servers that is an adult site, contains illegal content as stated in this agreement, caught spamming (sending any unsolicited email legal or not), violating any of Designh 's hosting policies, or abusing the server in any way will automatically be terminated. We may terminate this agreement immediately if you are a company and you go into insolvent liquidation, or if you are a person you are declared bankrupt. We reserve the right to remove any account without notice if any of the terms or conditions stated herein are violated. If such an occurrence takes place, the fees for that month/quarter/yearly service will not be refunded to the subscriber. Fees for the entire month/quarter/year are due if the account is active even just one day of that period. On termination of this agreement Designh shall be entitled immediately to block your Web Site and to remove all data located on it. After holding the data for a period of no longer than five working business days, Designh shall be entitled to delete all such data if it has not been retrieved at the subscriber's expense. Data retrieval is charged to the subscriber at a fee of £25.00 Designh shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit. If we deem it necessary to cancel an account for any reason other than those specifically stated in this document, we will give you a five working business day notice of cancellation by email. If you wish to terminate your account with Designh, the subscriber must email email@example.com 5 working business days of the account renewal date. Verbal instruction for cancellations will not be accepted. Your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of, such additional subscription period if Designh does not receive email authorisation for account termination from the subscriber. There will be no credits or refunds to the subscriber's account once an invoice has been generated. On receipt of a subscriber's termination request, Designh will endeavour to cancel that account at quickly as possible. Designh reserves the right to make any changes to its policies and Hosting plans, pricing, and features offered at any time as necessary and in no way implies fitness of purpose warranties. Designh reserves the right to refuse service to anyone. Designh reserves the right to determine what violates any of Designh 's policies.
Cancellation and Refunds
Designh Network. Reserves the right to cancel the service at any time. Customer refund requests will only be accepted by email to firstname.lastname@example.org and will only be processed in the cases of service non-performance that might be caused by Designh Network's side, Refund requests will be refused if it's requested for any cause that's out of Designh Network's side, For example:
- Domain transfer failure.
- Failure of any third party programs or websites that are not supported by Designh Network.
- Customers lack of experience in dealing with web basics and communication protocols - Network outages beyond our control such as DOS attacks to the network
- All other refund requests must be made 5 business days prior to any invoice, subscription or auto recurring credit card payment.
You agree to use all Designh Hosting services and facilities at your own risk. Designh specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Designh be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Designh harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Designh, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Designh against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Designh's server.
Designh reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Designh's server. Hard Drive Hosting shall be the sole judge of what violates this Policy.
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is non-refundable).
We accept PayPal which accept all major credit cards. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.
Transfer Of Services
Transferring or selling on your hosting services to a third party is not allowed unless all invoices and outstanding invoices are paid up in full, and we reserve the right to refuse transfer if we deem the third party unacceptable to make use of our services.
Acceptable Use Policy:
All services provided by Designh may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom or EU law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Designh and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Designh servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
LIMITATION OF LIABILITY:
Designh shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Designh servers going off-line or being unavailable for any reason whatsoever. Furthermore, Designh shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Designh servers. All damages shall be limited to the immediate termination of service.
Designh cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Designh are resold. Thus, certain equipment, routing, software, and programming used by Designh are not directly owned or written by Designh. Moreover, Designh holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Designh sees fit. FURTHERMORE, Designh retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.