TERMS OF USE
In using this website and/or placing an order with Yellow Tie Hosting, you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “Customer”, “You” and “Your” refers to you, the person accessing this website and accepting Yellow Tie Hosting terms and conditions. “Ourselves”, “Our”, “We” and “Us”, refers to Yellow Tie. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the our stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
TERMS OF USE:
Yellow Tie Hosting provides web hosting services. We reserves the right to suspend or cancel a customer’s access to any or all services provided by us when we decide that the account has been inappropriately used, failed to comply with our Terms of Use and/or Acceptable Use policies or otherwise. We reserve the right at any time to access, amend, remove or delete any or all data stored on our servers without your prior consent. When your account is closed, all files (including web pages, etc.) will be deleted. We reserve the right to cancel your account at any time without notice. To protect your privacy we never distribute your name or e-mail address to any third parties, unless instructed to do so by order of a Court.
SERVER USE:
Client’s web hosting accounts are to be used by the primary owner only. Account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner’s web site. Exceptions to this include ad banners, classified ads, and personal ads. You must not divulge your username or password to any other person, and you should take reasonable precautions to ensure that other people do not discover it. We reserves the right to refuse service and/or access to its servers to anyone.
BACK UPS:
You are responsible for keeping your own back ups of your website files and/or database. We provide a free Back Up / Restore facility in your Hosting Control Panel. We back-up your website data on a regular basis; however, this is part of server back ups rather than individual accounts. It is there highly recommended that you make and keep an independent and regular backup of all data stored on your virtual server. Restoration/Retrieval of individual files can be made for up to previous 30 days, but involves a lot of staff time, so requests for restoration of individual files/database due to non or incomplete back ups by client, can be made but will incur a fee of £59.95 to cover the staff time involved.
SERVER CONTENT:
We do not allow any of the following content to be stored on our servers: Illegal Material – This includes selling illegal material, illegal substances, illegal services, copyrighted works, commercial audio, video, or music files, and any material in violation of any Local, UK, European, or Worldwide 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 us. 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. Gaming websites where resource rich video games are stored/hosted on our servers – Includes pirated software, software downloads etc., and encrypting of any of the above.
WEBSITE GUARANTEES:
If Yellow Tie have built your website for you, we guarantee it to be fully fuctioning in line with the package you have purchased at point that we handover control to you. All functions and add-on software will be tested prior to handover to confirm running correctly.
In the unlikely event something is not quite working as it should be, we will rectify the matter free of charge. After 24 hours from handover or once you make any changes to website (be this a cosmetic change to images/text, adding new software/feature/plugin, deleting any function/file/element), whatever comes first then we would no longer fix any issues free of charge, as your changes may have caused the issue. Likewise, we cannot be held responsible for any subsequent changes to third party software or plugins and the impact they have on your website. We cannot be held responsible for changes to legislation that may have a bearing on your business. We cannot be held responsible for changes to the T&Cs of third party companies that may have bearing on your business regardless of whether we installed their software/plugin or someone other than ourselves did. As strongly advised in all site handovers and above Back Ups section – we provide free back up facility in hosting accounts and you should use them regularly so these can be restored should any changes you make cause an issue.
We cannot be held responsible for the functionality of websites built by other companies or yourself – although we can quote for any remedial work needed to rectify any errors/issues.
UNLIMITED USE POLICY:
High bandwidth usage: We offer an unlimited use policy on some of our web hosting packages by maintaining very large ratios of bandwidth per customer. In rare cases, we may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, we reserve the right to impose the High Resource User Policy for the consideration of all customers.
HIGH RESOURCE USER POLICY:
Resources are defined as bandwidth, CPU Usage and/or processor utilization. You can find quotas within your Hosting Account. We may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available we reserve the right to restrict or suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
PAYMENT POLICIES:
All accounts and services are set up on a prepay basis. Although we reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established. Where customers have automated subscription in place, they will be automatically charged the renewal amount on the due date (be this monthly or annually, as per initial set up) unless closure notification has already been given. In situations where the subscription payment on file is declined, we may immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Yellow Tie Hosting reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request to our registered office. All payments are in UK sterling.
PAYMENT OPTIONS:
In order to streamline our accounting procedures and keep running costs down we run a number of payment options. Credit/Debit Cards: MasterCard, Visa, Switch and Solo via the secure payment processors Stripe and/or Paypal. Bank Transfer: This option is available upon request.
RENEWAL OF SERVICES:
Certain services provided by us, such as domain names and web hosting require renewal by customers. As a rule, subscription payments for such services are set up. Where such subscription services are in place, automatic renewal will take place unless written cancellation received. Where a customer has chosen not to use automatic renewal, reminders will be sent to customers at least 14 days prior to expiration of service. In order to keep running costs down, which in turn allows us to keep renewal prices down, no reminders are issued where subscriptions are set up (all due dates are readily available within the customers own Paypal/Bank account). Where renewal payments are received on time, customers will experience no interruption to their service. Where renewal payment fails or is not made by customer by expiry date, then we reserve the right to suspend service with immediate effect, as per section ‘Suspension of Service’
SUSPENSION OF SERVICES:
We reserve the right to suspend any service where subscription or renewal payment for service is not made. Suspensions will take effect immediately upon failure of payment. Services that have been suspended can be reactivated for customers upon request. Where a domain name registration is suspended, a £20 admin fee (in addition to renewal payment) is payable for the domain to be reactivated. Where a hosting account reactivation is requested within 14 days of suspension, a £30 reactivation fee (in addition to renewal payment) is payable. Where reactivation is requested between 14 and 49 days of suspension, a £50 reactivation fee (in addition to renewal payment) is payable. After 50 days, files may be deleted from our servers. Once deleted, reactivation may no longer be possible.
CANCELLATION & REFUNDS:
We reserve the right to cancel the service at any time. If a customer contravenes our terms of service, a refund will not be issued in the event of a cancellation. In the highly unlikely event that cancellation is as a result of us being unable to provide the service, customers will be entitled to a pro rata refund based upon the remaining period of service. Refunds: As all services provided by us are non-tangible, then all fees charged are non-refundable.
If a client, having paid for an annual hosting service, wishes to cancel a service before the 12 months is over, they may be entitled to a pro-rata refund. However, in such circumstances, if you are not in the 12th month of any such service when cancellation request comes in, then you will forfeit the discounted rate our annual prices receive and the service will revert to monthly cost for each month that has passed/started. As such, any refund would reflect the number of months / part months passed and calculating each month / part month used at our monthly rate plus a £15 admin fee to cover the staff cost of processing refund – given our annual prices offer significant discounts compared to monthly rates, once hosting package reverted to monthly cost, the annual price paid may not cover all of the months passed. Whilst we would not seek any recompense for any months not covered, it maybe that it means no pro-rata refund would be payable.
COPYRIGHT CLAIMS:
We are unable to provide any legal expertise or advice in the use of copyrighted images, trademarks, etc. We may offer advisory information regarding risks if you ask us to register a domain name that clearly uses a known trademark. If the owner of any intellectual property (IP), registered trademark or copyrighted material (be this image, mark or text), contacts us with a claim against any material held on our servers, we can be held personally liable for claim if we persist in allowing our servers to hold such material without IP holders permission. In such cases, we would immediately look to block/disable any service causing the alleged breach and pass on the report/claim onto the relevant hosting account holder in order that they can take the appropriate action and/or liaise with IP holder. We cannot involve ourselves in any discussion over permission rights, etc for any such use – this would be between the hosting account owner and IP holder. In cases where services have been disabled due to reported breaches, we would need to receive written confirmation from IP owner advising specifically that they have resolved matter and/or given permission to account holder to use disputed image, trademark. Any such written confirmation must specifically state the IP owner allows the image, mark or text to be used by named account holder and must specifically confirm they will not hold Yellow Tie Websites or any subsiduary business liable for subsequently allowing any trademark or copyrighted material to be allowed on our servers.
Yellow Tie will not be held responsible for any downtime an account holders website is disabled due to any copyright claim, neither would any refund (pro-rata or otherwise) by payable in such circumstances. We will re-enable services for client for short period, in order for them to remove disputed mark, text or image. If client does not take remedial action within specified time, services will be disabled again to ensure Yellow Tie is not held liable by IP holder over allowing disputed text, mark or image to be used
LEGAL ADVICE:
We are not in a position to offer you any legal advice, implied or otherwise, on any matter in relation to the running of your website, your business legal requirements, compliance with laws, rules or regulations. Nor are we responsible for compliance of third party software/plugins used on your website, regardless of whether we installed them for you or you installed them yourself. The developers/authors of any software/plugin used always have their own website/information pack and it is the site owners responsibility to have read any such information and undertaken their own due diligence on the impact any third party software/plugin has on their business/website and compliance with any laws, rules or regulations. We cannot be held responsible for any changes in legislation that may have a bearing on the running of your business, nor can we offer any legal advice, implied or otherwise, regarding any legislation. If in doubt, you should seek independent legal advice..
ILLEGAL USE OF SERVER SPACE:
We are unable to provide any legal expertise or advice with regards to the law. We cannot permit our servers to be used to promote or store illegal material, promote illegal substance or illegal services. We can be held personally liable if we persist in allowing our servers to be used in such a way. If it is brought to our attention by the authorities or otherwise, that our servers are being used in such a way, then in such cases, we would immediately look to block/disable any service causing the alleged illegality and pass on the report/claim onto the relevant hosting account holder in order that they can take the appropriate action. We cannot involve ourselves in any discussion over legal matters, etc for any such use – this would be between the hosting account owner and the relevant authorities / complainant. In cases where services have been disabled due to reported illegality, we would need to receive written confirmation from relevant authority advising specifically that that matter has been resolved.
Yellow Tie will not be held responsible for any downtime an account holders website is disabled due to any illegality claim, neither would any refund (pro-rata or otherwise) by payable in such circumstances. We will re-enable services for client for short period, in order for them to remove offending material. If client does not take remedial action within specified time, services will be disabled again to ensure Yellow Tie is not held liable by authorities.
INDEMNIFICATION:
The customer agrees that it shall defend, indemnify, save and hold Yellow Tie Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, 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, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Yellow Tie Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold, supplied or otherwise distributed in connection with our servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold or supplied to a customer from website hosted our server and (5) any losses, legal costs or anything related to criminal matters where an illegal item (as defined by local law anywhere in world and not restricted to UK) is sold or supplied from a website hosted on our servers.
DISCLAIMER:
We cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. While we own and operate our own enterprise-grade equipment, certain services and software provided by us are resold. Thus, certain equipment, routing, software and programming used by us are not directly owned or written by Yellow Tie Hosting (examples include (but not exclusive to) Hosting Control Panel management, Paypal payment and WHMCS billing software). Moreover, we hold no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, at our discretion.
ACCEPTANCE:
All orders placed with Yellow Tie Hosting are subject to the Terms and Conditions detailed above – your full agreement to all our published terms is made as soon as you complete/pay for an order.
We reserve the right to revise its policies at any time.
