The
placing of an order indicates your acceptance of these terms and conditions.
Please read carefully and keep a printed copy for future reference.
To
order through this website you must be at least 18 years of age. We will treat
each order for goods as an offer by you to purchase the goods subject to these
terms and conditions. These terms and conditions do not affect your statutory
rights.
We,
the supplier have the right to refuse, at our discretion, to supply any goods
ordered by you. All orders are accepted at the discretion of dpbuk.
Description
of goods
All
images, descriptive matter, specifications and advertising are property of
dpbuk. Every effort is made to make images a good representation of the actual
product, but 100% accuracy cannot be guaranteed. Goods are not sold on a trial
basis. If you buy goods which have no published technical specifications, it is
your responsibility to establish the suitability of the goods for your intended
purpose.
Domain
Names
All
domain names are registered for one year exclusive of .co.uk domains, which are
registered for two years. Domain name purchases are non refundable. Domain names
may not be transferred to a different registrar and may only be hosted on
servers provided by dpbuk.
Website
Hosting
Your website will be hosted by dpbuk on servers dedicated to dpbuk. All
servers are maintained 24 hours a day, 7 days a week, 365 days a year without
exception. We guarantee a 99.9% server uptime. Hosting is charged yearly in advance for all sites (monthly payment is available but a setup cost is charged of £19.99 + VAT for standard package and £34.99 + VAT for platinum package), the minimum period of hosting is 12 months without exception, after which you may terminate your
agreement with one months notice in writing to our registered office
address.
Payment
Method
We
accept all major credit and debit cards. We use a secure payment method which is
operated by HSBC plc, details will be entirely safe. On the order you must
provide us with your exact address as on the card and telephone number that your
credit bank has on file for you. Should you request a domain name purchase, then
the site will be listed in the payers name only. Any hosting subscriptions
terminated will be removed from our servers the same day without
exception.
Availability of Goods
All
products are subject to availability and may be withdrawn at any
time.
Your Right
to Cancel Your Order
The service will start upon payment of the licence fee, and customers are agreeing to this when making payment. No refunds will be issued if a customer decides to cancel at any time. This term is in accordance with UK Trading Standards.
Re-installations/Transfers
Should we be required to re-install or transfer your website for any
reason an administration fee of £29.99 + VAT will be charged for this.
Complaints
Should you need to contact us regarding products and services for which
you are not completely satisfied please email us immediately. We will respond to
all complaints as soon as possible.
Additionally
All
websites purchased can only be hosted by dpbuk and may not be hosted on any
other servers. You will also be required to agree with our Terms of Service,
Acceptable Use Policy and Service Level Agreement.
dpbuk ("The
Company") agrees to furnish services to the Customer, subject to the following
TOS (Terms of Service).
Use of dpbuk's Service constitutes acceptance
and agreement to dpbuk's AUP as well as dpbuk's TOS (Terms of Service).
All
provisions of this contract are subject to the TOS (Terms of Service) of dpbuk
and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the
discretion of the Company. Customer understands that change to the AUP by the
Company shall not be grounds for early contract termination or
non-payment.
Performance : dpbuk agrees to provide and the customer
agrees to purchase the services requested by customer from the website, in email
or in writing. Customer may add services via any of the 3 methods and agrees to
pay in advance for them whether they be 1 time charges or recurring monthly
fees.
Changes : No changes to this agreement shall be binding except
those in writing counter - executed by both parties. Deviations in pricing shall
be agreed to in writing. Email confirmed by both parties shall suffice.
Invoices, Payment : dpbuk will invoice Customer for Fees and Expenses
monthly; provided, however, that dpbuk may invoice Customer for Fees and
Expenses associated with Service(s) provided pursuant to a customer request
immediately upon dpbuk s provision of such Service(s). Customer acknowledges
that dpbuk will invoice certain Service(s) (including without limitation
telecommunications services) in advance of the provision of such Service(s).
Payment shall be due immediately upon the invoice date for recurring monthly
services whether or not the customer has received an invoice or not. Invoices
which remain unpaid seven (7) days after receipt of same by Customer shall
accrue interest at a rate of two and a half percent (2.5%) per month (or at the
maximum interest rate otherwise allowed by law) until paid in full and service
may be terminated for non payment after 7 days at dpbuk option. Expenses shall
be included on an invoice only to the extent that the actual amount of Expenses
is known to dpbuk at the time the invoice is issued, and Expenses for which an
actual amount is not known to dpbuk at the time an invoice is issued may be
included on subsequent invoices. Unless otherwise agreed in writing by the
Parties, the failure of dpbuk to include earned or incurred Fees or Expenses on
a given invoice shall not relieve Customer of its obligation to pay such Fees or
Expenses. Customer's obligation to pay Fees or Expenses shall survive the
termination of this Agreement for any reason whatsoever.
Security
Interest : Customer grants dpbuk a blanket security interest in the customer s
contract with their customers who are renting servers from them in the dpbuk
data center in the event of non-payment by customer customer agrees that dpbuk
may take these customer contracts direct without a tortuous interference claim
to protect the credit balance owed dpbuk by customer and full ownership of the
contracts shall transfer as well if balance is more than 60 days old.
Term : The term of this Agreement shall begin upon the date the server
is installed and made available to customer and shall be for 1 month or
pre-agreed time and shall renew for successive 1 month terms or pre-agreed time
until terminated by either Party upon the sooner of (i) thirty (14) days prior
written notice to the other Party, or (ii) the expiration or termination of all
Service(s) set forth in the Statement of Work and all Work Order(s).
Termination Due to Breach : In the event that Customer commits a
material breach of any of its obligations hereunder, dpbuk may terminate this
Agreement or (at dpbuk's sole option) suspend, interrupt or terminate one or
more Service(s) to which such breach pertains by sending written notice of
termination to Customer with termination effective as of the fifth (5th)
calendar day after the date such notice is given.
Effects of Termination
: Unless the Parties agree otherwise in writing, termination of the Agreement
shall also serve to terminate all Service(s) and Statements of Work and to
cancel all Work Orders, and Customer shall pay dpbuk all Fees and Expenses
earned or incurred by dpbuk pursuant to such Service(s), Statements of Work and
Work Orders through the date of termination, less any payments made hereunder by
Customer prior to said termination. Additionally, all property of each Party
which is in possession of the other Party shall be returned to its owner. In the
event one or more Service(s) is terminated prior to the expiration of the Term
for such Service(s) (other than due to a material breach of this Agreement by
dpbuk.
Warranties of dpbuk (99.9% network uptime) : dpbuk warrants that
the Service(s) shall be provided in a workmanlike and professional manner. Upon
dpbuk s breach of the foregoing warranty, Customer's sole and exclusive remedy
shall be to require dpbuk to exercise commercially reasonable efforts to repair
or replace the nonconforming Service(s); provided, however, that, with respect
to any Service(s) which are interrupted or rendered inoperable due solely to
dpbuk s breach of the foregoing warranty for any time period, Customer shall
also be entitled to a pro-rata refund of any Fees attributable to the
interrupted or inoperable Service(s) in an amount determined by multiplying the
fixed monthly, recurring Fees (if any) for the interrupted or inoperable
Service(s) by the ratio that the number of consecutive hours of in operability
bears to 720 hours (for the purpose of this computation, each month is deemed to
have 720 hours). dpbuk will not be liable to any extent whatsoever for
interruption, restriction, in operability or malfunction of any Service(s) which
is not caused solely by a breach of the warranty set forth in this Section 8
dpbuk expressly reserves the right to suspend, interfere with, impair or
terminate Service(s) as necessary for purposes of maintenance, upgrades or
repair (either by dpbuk or by any supplier, partner or independent contractor of
dpbuk.) or in the event of any circumstance which dpbuk, in its sole discretion,
deems necessary or desirable to prevent or remedy an impairment of, or harm to,
the integrity or functionality of any Service(s) or any plant, services or
facilities of any Indemnities (as defined in Section 11) or of any third party,
and neither the exercise nor the non-exercise of the foregoing rights or
discretion shall constitute a breach of any provision of this Agreement.
EXCEPT AS SET FORTH IN SECTION 8, dpbuk MAKES NO WARRANTIES, EXPRESS OR
IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
UNINTERRUPTED OR ERROR-FREE OPERATION AND THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
SERVICE(S) OR ANY ASPECT THEREOF, AND ALL WARRANTIES WITH RESPECT THERETO ARE
HEREBY EXPRESSLY DISCLAIMED.
Customer expressly acknowledges and agrees
that proper provision of the Service(s) is dependent upon the provision to dpbuk
dot Biz. by Customer of timely and accurate information regarding (i) Customer's
needs and expectations regarding the Service(s), and (ii) all operational,
technological or other data which Customer knows or should know is relevant to
the provision of the Service(s) (collectively "Information"). Customer shall
provide the Information to dpbuk in a timely manner and the Information shall be
accurate. Customer agrees that, in the event of Customer's breach of its
obligations in this Section 8, the warranty set forth in Section 8 shall be null
and void.
Warranties of Customer : Customer hereby covenants, represents
and warrants that:
Customer will not,
and will not permit others to use Service(s)
for any unlawful or illegal
purpose or in connection with or in furtherance of any unlawful or illegal
activity,
in violation of any applicable law or regulation,
in a
manner that will, or is likely to, infringe the copyright, trademark, trade
secret or other intellectual property rights of others or violate the right of
privacy, publicity or other personal rights of others, or
in connection
with any conduct or activity that is, in the sole opinion of dpbuk, defamatory,
indecent, obscene, offensive, threatening, abusive, hateful, tortuous or
violative of the rights of any other person or entity;
Customer will
not, and will not permit others to, do any act which may interfere with or
compromise the security or functionality of any Service(s), including without
limitation attempting to probe or test the vulnerability of any system or
network connected to or accessible by the Service(s);
No equipment owned,
leased, maintained by or controlled by Customer or by any third party which is
connected to or utilized the Service(s) with the consent of Customer will
interfere with or impair any Service(s) or any plant, services or
facilities of any Indemnities or of any third party,
unlawfully
interfere with or impair the transmission of privacy of any data or
communications transmitted over the Service(s) or over any plant, services or
facilities of any Indemnities or of any third party, or
create, cause or
contribute to the creation or causing of a hazard to any Indemnities or to any
third party.
Refund and Disputes: All payments to dpbuk which have been
serviced are nonrefundable. This includes the one time setup fee and subsequent
charges regardless of usage. All overcharges or billing disputes must be
reported within 60 days of the time the dispute occurred and refunds will be
given at the discretion of the Company Management. If you dispute a charge to
your credit card issuer that, in dpbuk's sole discretion is a valid charge under
the provisions of the TOS and/or AUP, you agree to pay dpbuk an "Administrative
Fee" of not less than £50 and not more than £150.
Indemnification :
dpbuk reserves the right to suspend, interrupt or terminate any Service(s) or
this Agreement immediately without further notice in the event of a breach by
Customer of Section 9. dpbuk reserves the right to remove, delete, disable or
block transmission of any data or materials which dpbuk reasonably believes
constitute, either alone or in conjunction with other acts, omissions or data or
materials, a breach or potential breach by Customer of Section 9. Customer
agrees to defend, indemnify and hold harmless dpbuk, its successors or assigns,
subsidiaries, officers, directors, employees, agents, independent contractors,
licensees, licensors, suppliers and customers (excluding Customer) (collectively
"Indemnities") against any and all claims, liability, loss, damage, or harm
(including without limitation reasonable legal and accounting fees) suffered by
such Indemnities (including without limitation claims, liability, loss, damage,
or harm in connection with death, bodily injury or injury to real or personal
property) arising from or in connection with (i) Customer's purchase or use of
any Service(s), including without limitation any claims, liability, loss,
damage, harm suffered by such Indemnities arising from or in connection with the
use by any third party of any Service(s) purchased by Customer regardless of
whether such use was authorized by Customer, or (ii) Customer's breach of any
provision of this Agreement.
Limitation of Liability : Any other
provision of this Agreement to the contrary notwithstanding, the aggregate
liability of all Indemnities for any losses or damage, whether direct or
indirect, arising out of or in connection with the Service(s), including without
limitation any cause of action sounding in contract, tort or strict liability,
shall be limited to actual, direct damages incurred but in no event shall exceed
the greater of
One Hundred Pounds, or
The Fees paid by Customer
to dpbuk during the two (2) months preceding the month in which liability arose
for the Service(s) in connection with which such liability arose. dpbuk shall
not be liable for lost profits or other consequential damages, cover damages, or
for any claims against Customer by any third party, even if dpbuk was advised of
the possibility of same. Under no circumstances shall dpbuk be liable hereunder
for special damages, consequential damages, general damages, incidental damages,
indirect damages, or exemplary or punitive damages. No action arising out of
this Agreement, regardless of form, may be brought by Customer against dpbuk
more than one (1) year after the cause of action arose. Without limiting the
foregoing:
Customer acknowledges that dpbuk is not responsible for
controlling or monitoring any content, information, data or other materials
stored on, transmitted via, or accessible through use of, the Service(s), and
dpbuk will have no liability to Customer whatsoever in connection with such
content, information, data or other materials (including without limitation the
accuracy or suitability thereof or unauthorized access or damage to, alteration,
theft, corruption destruction or loss of, Customer s data or other materials);
dpbuk will have no liability to Customer whatsoever in connection with any harm
or loss arising from or in connection with unauthorized access to the
Service(s); and all Indemnities are expressly made third party beneficiaries of
this Section 12.
This Section 12 shall survive expiration or termination
of this Agreement for any reason whatsoever.
Proprietary/Confidential
Information : dpbuk and Customer acknowledge that proprietary and confidential
information (including without limitation trade secrets) (collectively
"Proprietary Information") of each Party may be disclosed to the other Party
throughout the term of this Agreement. Each Party agrees to not reverse
engineer, decompile, disclose to any third party, or to use for any purpose not
strictly required for such Party's performance hereunder, such Proprietary
Information except to the extent that such Proprietary Information was:
made publicly available by the owner of the Proprietary Information or
lawfully disclosed by a non-party to this Agreement;
lawfully obtained
from any source other than the owner of the Proprietary Information;
independently developed by personnel of the receiving Party to whom
Proprietary Information had not been previously disclosed and not based on or
derived from such Proprietary Information; or
previously known to the
receiving Party without an obligation to keep it confidential. Customer will not
contract directly with any subcontractor relationships that dpbuk has under this
agreement or are connected to future services related to this agreement or that
are of the same nature. Anything to the contrary herein notwithstanding, dpbuk
may disclose such information to its successors or assigns, subsidiaries,
officers, directors, employees, agents, independent contractors, licensees,
licensors and suppliers which have signed and are bound by a suitable
non-disclosure agreement with dpbuk in order for dpbuk to perform the service in
this contract. The obligations set forth in this Section 13 shall survive the
termination of this Agreement for any reason whatsoever for a period of three
(3) years; provided, however, that, with respect to Proprietary Information
which constitutes a trade secret, the obligations set forth in this Section 13
shall survive the termination of this Agreement for any reason whatsoever for so
long as such Proprietary Information constitutes a trade secret under applicable
law.
Force Majeure : If either Party shall be prevented from performing
any portion of this Agreement (except the payment of money) by causes beyond its
control, including labor disputes, civil commotion, war, governmental
regulations or controls, casualty, inability to obtain materials or Service(s)
or acts of God, such Party shall be excused from performance for the period of
the delay and the time for such Party's performance shall be extended for a
period of time equal to the duration of such delay.
Construction, Venue,
Jurisdiction : This Agreement and any claim, action, suit, proceeding or dispute
arising out of or in connection with this Agreement shall in all respects be
governed by, and interpreted in accordance with, the substantive laws of the
United Kingdom. Venue for any actions arising under this Agreement shall vest
exclusively in courts located in the United Kingdom. Customer hereby submits to
the jurisdiction of the aforementioned courts, and agrees that it will not
assert lack of personal jurisdiction as a defense to any such action. Customer
acknowledges that their attorney has reviewed and participated in the
construction of this document and nothing herein shall be viewed as to have
favorable construction.
Waiver : No waiver of any right or
remedy shall be valid unless in writing and delivered to the other Party, and
waiver of a right or remedy on one occasion by a Party shall not be deemed a
waiver of such right or remedy on any other occasion.
Integration : This Agreement, including all referenced or
attached exhibits, schedules, attachments or documents, sets forth the entire
agreement and understanding between the Parties pertaining to their subject
matter and supersedes all prior or contemporaneous discussions, agreements,
promises or understandings between the Parties. Neither Party shall be bound by
any conditions, definitions, warranties, understandings nor representations with
respect to such subject matter other than as expressly provided in this
Agreement.
Superior Agreement : This Agreement shall not be
supplemented or modified by any course of dealing or trade usage. Addition to or
variance from the terms and conditions of the Agreement by Customer, including
without limitation any additional or varying terms contained in Customer's
pre printed forms, correspondence or other documents transmitted to dpbuk, shall
be of no effect, unless otherwise expressly provided in the Agreement.
Assignment : This Agreement is not assignable by Customer, in
whole or in part, voluntarily or involuntarily, including by operation of law or
by merger in which Customer does not survive, without dpbuk's prior written
consent. Any attempted assignment without dpbuk's written consent shall be null
and void.
Notice : Unless otherwise agreed to by the Parties,
all notices required under the Agreement shall be delivered in writing,
addressed and sent to the address provided herein and to the attention of the
Party executing the Agreement or the person's successor, by either
registered mail,
certified mail, return receipt requested,
or
overnight mail,
email that is replied to as accepted -
appropriately directed to the attention of the Party executing the Agreement or
that person's successor. Unless otherwise agreed to by the Parties, all notices
required under the Agreement shall be deemed effective when
received.
Severability : If any provision of the Agreement is held
invalid, illegal, or unenforceable, the validity, legality and enforceability of
the remaining provisions shall remain in full force and effect.
Counterparts : This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original and all of which taken together shall
constitute one and the same Agreement.
Payment from customer of the
first month's fees shall constitute acceptance of this agreement. This
agreement shall be modified from time to time by dpbuk and the then current
version shall be posted on the dpbuk website. If customer does not agree to the
new terms customer should cease utilizing the services at the next
term.
AUP
dpbuk's Acceptable Use Policy ("AUP") is provided to give our customers and
users a clear understanding of what dpbuk expects of them while using the
service. All users of dpbuk's Internet services: those who access some of our
Services but do not have accounts, as well as those who pay a service fee to
subscribe to the Services, must comply with this AUP and our TOS (Terms of
Service).
Use of dpbuk's Services constitutes acceptance and agreement to
dpbuk's AUP as well as dpbuk's TOS (Terms of Service)
This Acceptable Use
Policy applies to all persons and entities (collectively, "customers") using the
products and services of dpbuk including Internet service. The policy is
designed to protect the security, integrity, reliability, and privacy of both
the dpbuk network and the products and services dpbuk offers to its customers.
dpbuk reserves the right to modify this policy at any time, effective
immediately upon posting of the modification. Your use of dpbuk s products and
services constitutes your acceptance of the Acceptable Use Policy in effect at
the time of your use. You are solely responsible for any and all acts and
omissions that occur during or relating to your use of the service, and you
agree not to engage in any unacceptable use of the service.
What
Uses are Prohibited?
Unacceptable use includes, but is not
limited to, any of the following:
Posting, transmission,
re-transmission, or storing material on or through any of dpbuk's products or
services, if in the sole judgment of dpbuk such posting, transmission,
re-transmission or storage is: (a) in violation of any local, state, federal, or
non-United States law or regulation (including rights protected by copyright,
trade secret, patent or other intellectual property or similar laws or
regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e)
defamatory. Each customer shall be responsible for determining what laws or
regulations are applicable to his or her use of the products and
services.
Installation or distribution of "pirated" or other software
products that are not appropriately licensed for use by customer.
Resale
of dpbuk's products and services without the express prior written consent of
dpbuk (unless you are an authorised wholesaler).
Streaming
Streaming of any kind is strictly forbidden.
Deceptive
marketing practices.
Actions that restrict or inhibit anyone -
whether a customer of dpbuk or otherwise - in his or her use or enjoyment of
dpbuk s products and services, or that generate excessive network traffic
through the use of automated or manual routines that are not related to ordinary
personal or business use of Internet services.
Introduction of malicious
programs into the dpbuk network or servers or other products and services of
dpbuk (e.g., viruses, trojan horses and worms).
Causing or attempting to
cause security breaches or disruptions of Internet communications. Examples of
security breaches include but are not limited to accessing data of which the
customer is not an intended recipient, or logging into a server or account that
the customer is not expressly authorized to access. Examples of disruptions
include but are not limited to port scans, flood pings, packet spoofing and
forged routing information.
Executing any form of network monitoring that
will intercept data not intended for the customer.
Circumventing user
authentication or security of any host, network or account.
Interfering
with or denying service to any user other than the customer's host (e.g., denial
of service attack).
Using any program/script/command, or sending messages
of any kind, designed to interfere with, or to disable a user's terminal
session.
Failing to comply with dpbuk's procedures relating to the
activities of customers on dpbuk-owned facilities.
Furnishing false or
incorrect data on the order form contract (electronic or paper) including
fraudulent use of credit card numbers or attempting to circumvent or alter the
processes or procedures to measure time, bandwidth utilization or other methods
to document "use" of dpbuk s products or services.
Sending unsolicited
mail messages, including the sending of "junk mail" or other advertising
material to individuals who did not specifically request such material, who were
not previous customers of the customer or with whom the customer does not have
an existing business relationship (e.g., E-mail "spam").
Harassment,
whether through language, frequency, or size of messages.
Unauthorized
use or forging of mail header information.
Solicitations of mail or any
other E-mail address other than that of the poster's account or service, with
the intent to harass or collect replies.
Creating or forwarding "chain
letters" or other "pyramid schemes" of any type.
Use of unsolicited
E-mail originating from within the dpbuk network or networks of other Internet
Service Providers on behalf of or to advertise any service hosted by dpbuk or
connected via the dpbuk network.
Exporting, re-exporting, or permitting
downloads of any content in violation of the export or import laws of the United
Kingdom or without all required approvals, licenses and exemptions.
No
failure or delay in exercising or enforcing this policy shall constitute a
waiver of the policy or of any other right or remedy. If any provision of this
policy is deemed unenforceable due to law or change in law, such a provision
shall be disregarded and the balance of the policy shall remain in
effect.
Abusable Resources
Upon notification of the
existence of an abusable resource (e.g., open news server, unsecured mail relay,
or smurf amplifier), the customer shall immediately take all necessary steps to
avoid any further abuse of such resource. Any abuse of an open resource that
occurs after the customer has received such notification shall be considered a
violation of this policy and enforced as such.
Enforcement
dpbuk may immediately suspend and/or terminate the customer's
service for violation of any provision of this policy upon verbal or written
notice, which notice may be provided by voicemail or E-mail. Prior to suspension
or termination, dpbuk attempts to work with our customers to cure violations of
this policy and ensure that there is no re-occurrence; however, dpbuk reserves
the right to suspend or terminate based on a first
offense.
Electronic Communications Privacy Act Notice
dpbuk makes no guarantee of confidentiality or privacy of any
information transmitted through or stored upon dpbuk technology, and makes no
guarantee that any other entity or group of users will be included or excluded
from dpbuk s network. In addition, dpbuk may periodically monitor
transmissions over its network for maintenance, service quality assurance or any
other purpose permitted by the Electronic Communications Privacy
Act.
Questions?
If you are unsure of whether any
contemplated use or action is permitted, please contact dpbuk at abuse@dpbuk.co.uk.
