01843 808148 [email protected]

Terms & Conditions

You indicate acceptance of these terms and conditions of service by:- placing an order with Margate Media and/or by using the service provided by Margate Media, such as design, print, websites, hosting, email, etc. These terms and conditions will not be varied for individual customers.

1    DEFINITIONS

1.1    In this Agreement, the following words and expressions shall have the following meanings:

1.1.1    “downtime” means any service interruption in the availability to visitors of the Website; 

1.1.2    “Intellectual property rights” means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;

1.1.3    “Margate Media” means Alexander Roarke trading as Margate Media (“we”, “us” and “our”).

1.1.4   “IP address” stands for internet protocol address which is the numeric address for the server;

1.1.5    “ISP” stands for internet service provider;

1.1.6    “server” means the computer server equipment operated by Margate Media in connection with the provision of the Services;

1.1.7    “The Services” means any services or facilities provided by Margate Media.

1.1.8    “Spamming” means sending unsolicited and/or bulk emails/denial of service attacks on other servers

1.1.9    “virus” means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without  limitation computer programs commonly referred to as “worms” or “trojan horses”;

1.1.10    “visitor” means a third party who has accessed the Website;

1.2    Product specifications and details may be found at www.margatemedia.co.uk

1.3    Words denoting the singular shall include the plural and vice versa, and words denoting any gender shall include all genders.

1.4    The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

2    INTRODUCTION

2.1    The Customer wishes to provide Margate Media with data that will be hosted with Margate Media and made accessible via the Internet.

2.2    Margate Media provides web hosting services and has agreed to host the Customer’s data upon the following terms and conditions.

3    DUTIES

3.1    Margate Media shall provide to the Customer the Services specified in their order subject to the following terms and conditions.

3.2    The Customer shall deliver to Margate Media the website and the software used in the website, which is owned by the Customer or licensed to him by a third party or Margate Media (“the Customer Software), in a format specified by Margate Media.

4    CHARGES, TRANSFERS, PAYMENTS AND MONEY-BACK GUARANTEE

4.1    Payment methods accepted from Paypal include credit cards (including MasterCard and Visa), debit cards (including Maestro (Switch), Solo, Visa Electron and Visa Delta), & BACS payment 

4.2    All clients wishing to pay via Paypal will be subject to an additional charge of 5% to cover processing; this will be billed after initial payment is made via paypal and will become due on the same day. This charge will not be subject to a charge if then paid via Paypal.

4.3    Margate Media does not accept Cheques, but we do accept postal orders, cash 

4.4    The Charges are exclusive of VAT, which, if payable, shall be paid by the Customer.

4.5    Margate Media shall be entitled to charge a late payment fee of 20% for customers in respect of late payment, this fee will only be charged if the account becomes more than seven days late, and then we may charge a flat charge of £45 once per month for each additional month the account is late until the account is settled in full.

4.6    Margate Media shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4% per annum above the base rate of the Bank of England from time to time in force.

4.7    Margate Media provide 30-day credit facilities subject to status.

4.8    Margate Media will, for account customers, accept verbal orders once an account is set up and the first payment has been made, our terms and conditions of service apply to all verbal orders, and all verbal orders are legally binding and non-refundable.

4.9    From time to time Margate Media may make enquiries on the Customer company, proprietor or directors of the Customer company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses. 

4.10  Margate Media provide “Money-Back Guarantees” on certain products. Should your product qualify for this guarantee, please raise a support ticket at [email protected] within 30 days of placing your order for a full refund. This guarantee excludes domain names which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once.

4.11    Pro-rata refunds will not be issued for quarterly or yearly services that are cancelled before the end of the year.

4.12    If we manage a customer’s site in return for the revenue generated from the sale of advertising, then the revenue generated must, at a minimum, equate to the cost of all services we are providing; all revenue raised from the advertising will remain with Margate Media

4.13    If a customer instructs us to remove an advert from their website, then they will be liable in terms of refunding the person or company for the time the advert has not been displayed on the site; the exception to this will be if the advert is directly promoting a product or service that is in direct competition with the services provided on the client’s site or clients other sites or brands.

4.14    Should your chosen payment method fail, Margate Media will attempt to settle your invoice using any other payment facilities available on your account.

4.15    Services will renew for a 12, 24 or 36-month term until cancelled in writing by the customer.  Margate Media emails the customers using the email address provided by the customer prior to the renewal of services. The customers are responsible for cancelling services before renewal, as no refund can be made once renewal has occurred. Customers must notify us 30 days before a service is renewed if they wish to cancel a service. The cancellation process must be fully completed by you before your account is cancelled.

4.16    In the event of a customer wishing to transfer the Domain Name or IPS tag relating to their domain name to another Hosting Company, Internet Service Provider(ISP), Individual or Web Design Agency, a transfer charge will be set at £15.00 per domain is payable before the domains can be moved.

4.17    All domain transfers must be like for like. If your domain is registered to a company, then on transfer, the domain should be transferred with the same company details or to the acquiring company details and not changed to an individual name; transfers will always be in the following format company to company or Individual to Company.

4.18   In the event of a customer account being suspended due to spamming/DDOS attacks or other forms of attack on other servers, then we would require a fee of £500 per domain that is connected to the issue to be paid before we would unsuspend the account and an assurance that the actions would stop if it continued or happened again on the same account we would issue a second invoice of £1000 before the account would be unsuspended. This fee doubles based on the last fee charged from the £500 level for each subsequent instance.

4.19    Margate Media will comply with all court orders to the letter; if it is specifically stated that we must transfer a domain from a limited company to an Individual, then we will do so; if this is not stated, then we will proceed with 4.15.

4.20     If you fail to pay for your service on or before the invoice due date, then we reserve the right to suspend your service.

4.21    If you fail to make payment within seven days, then we reserve the right to terminate the service and take legal action to recover the outstanding balance.

4.22     In the event that you fail to make payment and we suspend your service, you will be advised that it has been suspended and will also be advised that we may take legal action to recover the debt and that we will seek to recover legal and or other recovery costs.

4.23     We may change the Fees up to a maximum of 10% to cover any increase in the Retail Price Index or otherwise at any time by giving you at least 30 days advance notice. Where you are subject to a Minimum contract Period, we agree that, unless the change is due to your decision to change what you subscribe to, we will not increase any element of the Fee more than once in any year.

 

5    IP ADDRESSES

5.1    Margate Media shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.

5.2    Where Margate Media changes or removes any IP address, it shall use its reasonable endeavours to avoid any disruption to the Customer.

6    SOFTWARE LICENCE AND RIGHTS

6.1    If the Customer requires the use of software owned by or licensed to Margate Media (“Margate Media’s software”) in order to use the Services, Margate Media grants to the Customer and its employees, agents and third-party consultants and contractors, a royalty-free, worldwide, non-transferable, non-exclusive licence to use Margate Media Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Margate Media Software.

6.2    In relation to Margate Media’s obligations under this Agreement in connection with the provision of the Services, the Customer grants to Margate Media a royalty-free, worldwide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website (“the Content”). For the avoidance of doubt, this Agreement does not transfer or grant to Margate Media any right, title, interest or intellectual property rights in the Customer Software or the Content. 

6.3    The Customer undertakes that he will not sell, lease, license, or sublicense Margate Media Software himself or through any third party.

6.4    Margate Media may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including backup copies of the Content. Upon termination or expiration of this Agreement, Margate Media shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.

7    SERVICE LEVELS AND DATA BACKUP

7.1 Margate Media shall use its reasonable endeavours to make the server and the Services available to the Customer 98.5% of the time, but because the Services are provided by means of computer and telecommunications systems, Margate Media makes no warranties or representations that the Service will be uninterrupted or error-free and Margate Media shall not, in any event, be liable for interruptions of Service or downtime of the server.

7.2    Margate Media carries out data backups for use by Margate Media in the event of systems failure. Margate Media do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly, Margate Media accepts no responsibility for data loss or corruption. 

8    ACCEPTABLE USE POLICY 

8.1    The website and use of the Services may be used for lawful purposes only, and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular, the Customer agrees not to:

8.1.1    use the Services or the website in any way to send unsolicited commercial email or “spam” or any similar abuse of the Services;

8.1.2    send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;

8.1.3    publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt, this includes licensed software distributed as Warez), via the Services or on the Website;

8.1.4    threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;

8.1.5    engage in illegal or unlawful activities through the Services or via the Website;

8.1.6    make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or

8.1.7    obtain or attempt to obtain access, through whatever means, to areas of Margate Media’s network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.

8.1.8    operate or attempt to operate IRC bots or other permanent server processes.

8.1.9     store files on the server, such as music files.

8.1.10   use the service as a remote file host for other websites.

8.1.11   you must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that are not web-visible without giving notice to you.

8.2    The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Margate Media is not obliged to monitor and will have no liability for the content of any communications transmitted by virtue of the Services.

8.3    If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1, Margate Media shall be entitled to withdraw the Services and terminate the Customer’s account without notice.

8.4    store music or video files that can be downloaded in breach of copyright laws. 

 

9    ALTERATIONS AND UPDATES

All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued a username and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this username and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Margate Media, and the password will be changed.

10    WARRANTIES

10.1    The Customer warrants and represents to Margate Media that Margate Media’s use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Margate Media as set out in Clause 6.2.

10.2    All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Margate Media shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.

11    INDEMNITY

The Customer agrees to indemnify and hold Margate Media and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Margate Media arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.

12    LIMITATION OF LIABILITY

12.1    Nothing in these terms and conditions shall exclude or limit Margate Media’s liability for death or personal injury resulting from Margate Media’s negligence or that of its employees, agents or sub-contractors.

12.2    The entire liability of Margate Media to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen. 

12.3    In no event shall Margate Media be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable, or Margate Media had been made aware of the possibility of the Customer incurring such a loss.

13    TERM AND TERMINATION

13.1    This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.

13.2    Margate Media shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.

13.3    Either party may terminate this Agreement forthwith by notice in writing to the other if:

13.3.1    The other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or

13.3.2    the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or

13.3.3    the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or

13.3.4    the other party ceases to carry on its business or substantially the whole of its business; or

13.3.5    the other party is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

13.3.6  the other party request a termination invoice. This will include a termination premium of 5% on the total invoice and will result in all data being deleted on the day the domains are transferred from our servers, or payment has cleared.

13.7    Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising out of this Agreement as of the date of termination.

13.8    On termination, all data held in the customers’ account will be deleted without further notice

14    ASSIGNMENT

14.1    Margate Media may assign or otherwise transfer this Agreement at any time.

14.2    The Customer may not assign or otherwise transfer this Agreement or any part of it without Margate Media’s prior written consent.

15    FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

16    SEVERANCE

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

17    NOTICES

Any notice to be given by either party to the other may be sent by either email or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

18    ENTIRE AGREEMENT 

This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.

19    GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

20    DOMAIN NAME REGISTRATION

20.1    Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top-level domain name registrar. If a domain name is unavailable when we attempt to register it, Margate Media will provide a full refund for that domain name, which will be the full limit of our liability.

20.2    Margate Media will make reasonable endeavours to renew domains where the renewal fee has been paid. If we cannot renew a domain name and that domain name is subsequently lost, the limit of our liability shall be the renewal fee for that domain name.

21    SCRIPTING

Margate Media are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.

22    PRIVACY

To protect your privacy, we will not distribute your details to third parties unless required to do so by law.

23    DATA TRANSFER 

23.1    Web hosting accounts include a certain amount of data transfer; if you exceed this amount in any one month, your account will be deactivated until you have upgraded to an account that has more data transfer included.

23.2    Web hosting accounts that host file distribution (including but not limited to music, video and software) are limited to a maximum data transfer of 25 GB per month for file distribution.

23.3    Web hosting accounts are prohibited from hosting adult content-orientated websites, hosting banners, graphics or CGI scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, and giving away web space under a domain, subdomain or directory.

24 SERVER USAGE

Should your account use more than 5% of the server’s processing power and, as a result, have a detrimental effect on other customers, we will discuss alternative solutions for your hosting requirements with you.

 

25    EMAIL NEWSLETTER

25.1  Margate Media communicates with its customers via email, and as such, you agree to receive by email our regular newsletter, which contains, amongst other things, changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.

26    WEBSPACE USAGE

26.1  Unlimited web space is available for genuine website content; content must be linked to web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good housekeeping when maintaining their account.

27 MAIL BOXES

27.1  Mailboxes not accessed for 100 days or more will be deleted from the system.

28 DEACTIVATED ACCOUNTS

28.1   When a web hosting account is deactivated, you agree that after 35 days, this account may be deleted from the system without notice.

29 WEBSITE & SOCIAL MEDIA

29.1 Website and social media services are for a contracted period of 24 months, and the above terms and conditions apply along with the below.

29.2  Neither the site design nor any part of a site design that is done by Margate Media may be transferred unless this has been agreed by Margate Media. No graphics produced or supplied by us may be used elsewhere as part of your new website unless expressly permitted in writing by Margate Media via our ticketing system.

29.3   All design work and images provided by Margate Media (except photographs and text submitted by the client) remain the property of Margate Media and are protected by design copyright unless formally purchased by the client. 

29.4  Margate Media reserves the right to refuse to sell the copyright of any design or work.

29.5    The reproduction without written permission of any design work or images owned by Margate Media, whether electronically produced or otherwise, will result in a copyright infringement case being submitted to our solicitors.

29.6  Margate Media reserves the right to charge for the release of Facebook, Twitter, Mailchimp or other accounts that have been created by Margate Media as part of the Website and social media package.

29.7    Any client that decides to terminate services early will remain liable for all fees to the end of the term and may also be liable to an admin fee of 5%, with the minimum fee being £30.

29.8 Our money-back guarantee is not applicable to the Website and Social Media products.

29.9    We agree to perform a maximum of 5 text or image changes to your site once per month as part of your monthly payment; each additional change is charged at £15 per change.

29.10   Major structural changes can happen once every two years and are free of charge; if you require a structural change before this time, we charge £30 per hour, with the minimum fee being 8 hours.

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