|Tecknaonline Web Hosting and Email Terms and Conditions||| UK Hosting Company with UK Helpdesk|
Terms & Conditions - Web Hosting and Email
Terms of Service
Teckna and TecknaOnline are trading names of Teckna Ltd ("we" or "us"). The Company is engaged in the business of providing Internet services, including the supply of web site hosting, email management and domain name registration and management.
By using, making payment for or registering to use a Teckna or TecknaOnline web site hosting and / or email service, you enter into a contract with Teckna Ltd on the following terms and conditions. You are also agreeing to be legally bound by these conditions.
You will be responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law.
Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on your virtual server.
You may not run server processes (eg. talkers/IRC Bots) from your virtual server.
We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
When your account is closed, all files (including web pages, etc.) will be deleted.
You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).
Teckna do not allow any of the following content to be stored on its servers:
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Teckna.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
If we are informed of an alleged copyright or trademark infringement involving a Client's Services, we will attempt to notify the Client of those allegations and secure a response. We may, in our sole discretion, remove or terminate the Services containing, on a temporary or permanent basis, materials which we believe may create, constitute, or contribute to copyright or trademark infringements. Client expressly waives the right to assert any claims against us for any such removal or termination.
High Resource User Policy
Resources are defined as bandwidth and/or processor utilization.
Teckna may implement the following policy to its sole discretion:
Each virtual server includes a nominated amount of bandwidth, if you use more than this amount then you agree to pay for this bandwidth at a rate of 5p (five pence) per 1 MB per month.
Users must not participate in any form of un-solicited bulk e-mailing or spam.
The supported email client is TecknaOnline Webmail. Support for any other email client is provided at Teckna's discretion.
Provision for relaying outgoing mail (SMTP) is limited to the service or facilitation provided by the Client's own internet connection provider (ISP).
Technical support is provided at the discretion of Teckna.
All accounts are charged on a prepay basis either yearly or monthly. The minimum period of service for all website hosting and email services is 12 months.
Although Teckna reserves the right to change the prices of provided services at any time all pricing is guaranteed for the period of prepayment. Where the account is paid yearly in advance we guarantee that price for the full year. Where paid monthly we guarantee the price for that month only.
Clients will automatically be billed again at the end of their current payment period unless written cancellation notification has been received by Teckna.
The Client is responsible for all charges accumulated on their account from the time it was established to the time that the Client sends a written cancellation request.
Bills or invoices may be sent by regular mail or email. All invoices will be sent directly to Clients via email shortly after the purchase has been made.
All payment is in UK sterling.
Your Personal Details
You are required to have a valid email address registered on your account at all times.
Please note that whilst your email is primarily used for billing purposes, Teckna reserves the right to email you information about enhancements to our systems and product offerings.
We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and delivery address to third parties that Teckna may use for the purposes of delivering specific services to you (e.g. customer support).
Credit/Debit Cards: Teckna accepts Mastercard, Visa, Visa Delta, Visa Purchasing, JCB, Switch and Solo
Cheque Payment: This option is only available to Clients who pay annually for their Teckna account. A credit/debit card number will still be required if Clients require the facility to purchase domains and other services on-line. Teckna cannot guarantee that a service will be provided until after any received cheques have been cleared.
Bank Standing Order: This is no longer available as a payment option. Please note that the management and cancellation of any existing bank standing order agreement is the responsibility of the Client.
Direct Debit: This option is available to Clients who pay monthly for their Teckna account.
Teckna will accept payments for hosting accounts by monthly payments at our discretion. Teckna reserves the right to refuse or withdraw the option to pay monthly for any Client at any time. Clients may be offered an option pay on an annual basis. We will charge an administration fee of £12+vat for each month in which your monthly payment is dishonoured.
Non Payment / Late Payment
In the case of non or late payment Teckna will notify the Client by email or in writing that they have exceeded the period of time allowed for payment and may, at Teckna's discretion, suspend the account and any other services provided to the Client until payment is received. If we reinstate your service after it has been suspended and/or cancelled, we reserve the right to charge a reconnection fee of £40+vat.
In the event of non or late payment of a monthly hosting payment where the minimum 12 monthly payments have not yet been made, Teckna may withdraw the option for the Client to pay monthly, and the remainder of the minimum 12 monthly payments will become payable immediately.
Teckna require payment to terms. Payment must be made on time, in full, and without any deduction, set off or counterclaim. In the event that an account is outstanding,Teckna will refer the matter to our debt collection agents, Daniels Sliverman Limited, which will incur a surcharge of 20% of the debt, plus VAT at the prevailing rate. You agree that you will be legally liable to pay us that surcharge, and that payment of the same can be enforced against you in court. You also agree to pay interest at the relevant reference rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998, which interest is payable both after and before any judgment of the court and continues to accrue.
Any Client withdrawing payments via bank or credit card (a "chargeback") may be subject to a punitive fee of £50, should Teckna deem this chargeback to be unfair. Teckna also reserves its right to defend such chargebacks and recover the original monies from the card issuer.
All information and data stored on our servers, systems or other accumulated hardware is treated with complete confidentiality. No information will be shared or provided to any 3rd party without the owners agreement.
Any hardware that is no longer required will be cleared of any data or destroyed.
The exception to the above is if we are directed to provide information by a court of law. In this instance, the customer would also be contacted before any information is provided.
Cancellation and Refunds
Teckna reserves the right to cancel services at any time. If an account is cancelled through no fault of the Client then the Client will be entitled to a pro rata refund of fees paid. If a Clients account is terminated due to contravening Teckna's terms and conditions a refund will not be issued.
Where a Client is deemed to be a "consumer" for the purposes of the Consumer Protection (Distance Selling) Regulations 2000 or any reenactment thereof, the Client has the right to cancel an order, within 7 days of placing the order, by giving notice in writing to Teckna, subject to the following provisions:
In the event of cancellation or termination by the Client part way through the minimum 12 month contract period of a web or email hosting service, the Client remains obliged to pay for:
Clients may cancel their services and stop further charges by giving 30 days notice in writing, however fees paid on a prepay basis are non-refundable in the event of Client cancellation. Notification of cancellation must be received by Teckna in writing.
All hosting accounts paid monthly / annually will remain active until monthly payments stop. The cancellation of bank standing order agreements is the responsibility and under the sole control of the Client.
Please note that you must actively cancel to stop paying for your service. Teckna does not automatically cancel your service when you transfer your domain.
Liability and Limitation of Liability
The aggregate liability of Teckna for or in respect of all breaches of its contractual obligations under these terms and conditions and all representations, statements and tortuous acts or omissions (including negligence) arising under or in connection with these terms and conditions shall in no event exceed £100.00. Teckna will not, in any circumstances, be liable to the User for any direct or indirect, incidental, special, exemplary, or consequential damages (including but not limited to loss of revenue, goodwill, or anticipated or lost profits).
Law, the whole agreement and transferring your rights
These conditions are governed by English law and set out the whole agreement between us and you. They replace any previous understandings or agreements. If any of these conditions is not valid or cannot be enforced, it will not affect any other conditions that we can enforce. You must not transfer these conditions to anyone else without getting our permission beforehand.
The Client agrees that it shall defend, indemnify, save and hold Teckna harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Teckna, its agents, its Clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees or assigns. The Client agrees to defend, indemnify and hold harmless Teckna against liabilities arising out of;
Teckna will not be responsible for any damages your business may suffer. Teckna makes no warranties of any kind, expressed or implied for services we provide. Teckna disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Teckna and its employees. Teckna reserves the right to revise its policies, including these terms and conditions, at any time.
If you need to send us a notice you should send it: by e-mail to firstname.lastname@example.org; by post to PO Box 129, Ware, SG12 7UG, or by fax to 0844 804 2904. We will send notices to you at the email or postal address you give during the registration process. We will treat the notice as received 24 hours after the e-mail or fax is sent, or three days after it is posted.
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