Terms of ServiceTerms of Service
Terms & Conditions
This service is provided by WEB Frigate LTD, registered address
Erskine House, 1 North Avenue
Clydebank Business Park
G81 2DR Clydebank
Payments for the services are fully made to WEB Frigate LTD.
This policy sets out how we will use and protect your personal data. WEB Frigate LTD takes the privacy of your personal data seriously and is committed to complying with relevant legal requirements relating to use of your data.
What data we will collect
When you sign up for a service we will collect certain contact and other information in order to provide you with and administer the service. We may also track the pages on our site which are visited. This is in order to be able to improve the way in which our website operates.
How we will use your data
We will use your data in order to be able to provide you with and administer relevant services, and/or to respond to queries which you raise, as well as for other normal business purposes. Unless you have opted out of such use, we may also use your contact details to send you information about updates to our services, special offers and other news. Information may also be disclosed where legally required or in the context of relevant legal proceedings, where it is fair and reasonable to make such disclosure.
We use "cookies" on this site. Cookies are small pieces of computer code which are stored on your computer's hard drive and which are intended to improve your use of this site. Cookies can be disabled by amending the Internet options in your browser.
Email UCE / Spam Abuse
WEB Frigate LTD does not tolerate the sending of spam or UCE. It is our policy that customers may NOT send UCE/Spam through any of our servers.
Definition of Unsolicited Commercial Email (UCE), or SPAM:
An electronic message is "spam" IF: (1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.
WEB Frigate LTD reserves the right to terminate, without warning, any account that violates this policy. Usage of WEB Frigate LTD services constitutes acceptance and understanding of this policy. WEB Frigate LTD reserves the right to decide what it considers "SPAM", "UCE", "mail bombing", or "bulk email", and to determine from all of the evidence whether or not our email system has been abused or misused.
By default some versions of MICROSOFT EXCHANGE SERVER (the server program that handles your email) and some other email servers can be used as Open Relays (SPAM RELAY). This means that when your server is online, spammers on the internet can freely send spam through your server, and then in turn through our email server, gilliam. Spammers use this trick to hide where the spam originates from.
Usually Exchange Servers get used as spam relay when someone has upgraded the server or reinstalled Microsoft Exchange and forgotten to setup the relay list securely. There is no straightforward check for you to see if your server is an Open Relay so we suggest that you contact your systems administrator for assistance. We can however help in reconfiguring your Exchange Server over the telephone should you require this.
We must remind you that WEB Frigate LTD always does everything in its power to prevent spam and tackle spammers head on. We will not tolerate any of our customers sending spam email whatever the reason or cause. Please be aware that it takes a considerable amount of our time to clean spam out of our mails systems, the normal charge for this is £250. Please be aware that should someone else use your Microsoft Exchange server as a spam relay this most likely will result in us charging you £250 so please make use of our Technical Support to insure this doesn't happen to you.
If you should have any questions about this then please do not hesitate to contact us on firstname.lastname@example.org
Content on and the layout of this site is Copyright © WEB Frigate LTD or its licensors, all rights reserved. Web pages may be printed off in order to assist you in using our services or deciding which service to purchase, or for other private use, but may not otherwise be used for any commercial purpose.
Terms and conditions for specific services The terms and conditions governing the provision of specific WEB Frigate LTD services for which you may sign up are available separately when you sign up for those services.
External sites Links to any external sites are provided for convenience only. WEB Frigate LTD cannot be responsible for and does not necessarily endorse the content of any external sites.
Prices and Specifications Prices are and specifications are correct at time of writing.
Availability All products sold are subject to availability.
WEB Frigate LTD reserves the right to refuse service and/or access to its servers to anyone.
WEB Frigate LTD reserves the right to suspend or cancel a customer's access to any or all services provided by WEB Frigate LTD, where WEB Frigate LTD decides that the account has been inappropriately used.
Scripts on the site must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed.
Sites must not contain scripts that attempt to access privileged server resources, or other sites on the same server.
You are responsible for all scripts, including 3rd party or open source software, that are installed on your webspace. In the event of a script that you install causing damage or loss of data to your site or any server resources, we reserve the right to charge you our off site technical support hourly rate for the time taken to restore the services to the previously working state.
WEB Frigate LTD will disable any domain that fails to adhere to the following criteria as soon as we are made aware, in line with current working practices:
The primary purpose of any site must be to provide web-based content to viewers. Files on the site must be linked to the web site.
The primary purpose of any script must be to produce a web page. Scripts that send a single email based upon user entered information, or update a database are acceptable. Scripts that send bulk email or perform processor intensive database processes are not allowed. All outgoing mail is monitored and filtered and must be sent to or from a WEB Frigate LTD - hosted domain.
Sites must not contain Warez, copyright or other illegal material. The onus is on you the customer to prove that you own the rights to publish material, not for WEB Frigate LTD to prove that you do not.
Sites must not contain pornographic or other lewd material. 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 WEB Frigate LTD.
Sites must not use excessive amounts of server resources. These include bandwidth, processor utilization and / or disk space.
WEB Frigate LTD will suspend access to an account which:
Contains invalid or fraudulent details.
Initiates a payment card chargeback.
If WEB Frigate LTD disables a site or server, we will:
Send an email to the account administrator,informing them of the suspension - please ensure you use an email address that will be unaffected by any suspensions, to ensure that you are immediately made aware of any changes in your account status.
If deemed applicable, provide follow up correspondence detailing the reasons for the suspension and what actions, if any, the administrator should take to rectify the situation.
Not re-enable any domain or server that has a history of similar misuse.
Pass the account to the appropriate department to resolve any outstanding issues such as account balance or closure.
For less serious cases, such as email problems, the support department will contact you during office hours and inform you of any changes made to your account and the reasons for those changes.
If an action is taken against a site or server, you should communicate directly with the Customer Support Department within office hours.
Restoration of any and all services suspended during an investigation will be considered on a case-by-case basis.
You may cancel any service with WEB Frigate at any time by giving at least one months written notice (including your full contact details and details of the service to be cancelled) by email: email@example.com
If there are any outstanding arrears or account issues these would need to be settled before the cancellation request can be processed.
If you pay, or have paid, for a service by standing order, we will notify you to cancel the standing order. We will only cancel the service once the standing order has been cancelled by you. If you fail to cancel the standing order for any reason and subsequently require a refund, we will only consider up to the previous 12 months and there will be a charge of 25% of the refund amount.
CANCELLATIONS AND REFUNDS
1. If an account with a 30 day money-back guarantee is purchased and then cancelled within the first 30 days of the beginning of the term (the Money-Back Guarantee Period), you will, upon your written request to the WEB Frigate LTD Team (the Refund Request) within ninety (90) days of such termination or cancellation (Notice Period), receive a full refund of all basic shared, VPS and reseller hosting fees previously paid by you to WEB Frigate LTD for the initial term (Money-Back Guarantee Refund), provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section. Requests for these refunds must be made in writing to the WEB Frigate LTD Support Team. Refunds will only be issued for basic shared hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
2. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
3. There are no refunds on Dedicated servers, Virtual Private Servers, Domain Names, administrative fees, and install fees for custom software.
4. Domain renewals are billed and renewed 14 days before the renewal date. It is your responsibility to cancel any domain registration at least 14 days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
1. The Guarantee does not apply to Dedicated Servers, Virtual Private Servers, and Domain Names.
2. We offer a 30 day money - back guarantee for managed shared. Subject to the terms described in this Section below, if you are not completely satisfied with these hosting services and you terminate your account within 30 days of signing upfor the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
Domain Name Registrations
You must have the right to use the name which will form the prefix of the domain name and which will be issued by WEB Frigate LTD. By applying to register the domain name you warrant to us that you have that right.
1. By applying to register the domain name you agree to indemnify and to keep WEB Frigate LTD and its directors fully and effectively indemnified at all times against all costs, claims, liabilities, losses, damages, actions and expenses (including without limitation, legal expenses) arising directly or indirectly from the registration and/or any breach by you of any of these terms and conditions.
2. If you are a reseller, you may apply to register the domain name on behalf of, and in the name of, a third party and/or register the domain name in your own name on behalf of a third party provided that you have their prior consent and agree at any time on request by that third party to de-register the domain name which was registered in your name and allow that third party to register it in their name. In either case you may charge them what you like for your services. WEB Frigate LTD reserves the right to immediately cancel without notice the domain name if WEB Frigate LTD reasonably believes that you have registered a domain name in breach of clause 1 or with the intention of defrauding a third party.
3. If you apply to register the domain name on behalf of a third party (a client, for example) and you are registered on the WEB Frigate LTD database as a billing contact, WEB Frigate LTD, at its option, will be entitled to receive any payments due in respect of the domain name registration from you or the relevant third party. You and the third party shall be jointly and severally liable in this regard.
4. Once the domain name and your full details have been entered in the WEB-STUDIO database no refund will be payable by WEB Frigate LTD.
5. The initial period of registration of the domain name is a whole number of years between two years and five years. One-year registrations may also be allowed at the discretion of WEB Frigate LTD. Thereafter, the registration may be renewed for further years provided that you pay the appropriate renewal fee on or before the relevant renewal date. It is your responsibility to ensure that you apply to renew the domain name registration before the renewal date and provide accurate and up to date contact details. Whilst WEB Frigate LTD endeavours to send reminders of renewal dates it does not guarantee to do so and will not be liable if you fail to renew any registration on time.
6. You may surrender the registration of the domain name at any time by notice in writing to WEB Frigate LTD.
7. Unless you have selected the option to opt-out, the details you supply will be published using WEB Frigate LTD WHOIS service. WEB Frigate LTD reserves the right, subject to data protection legislation, to publish registrants' details in other circumstances, including to governmental or law enforcement agencies, to third parties with a legitimate reason for requesting the information, and on production of a court order.
8. Domain names are registered on a first come, first served basis.
9. There is no guarantee that a domain name applied for has been entered on WEB Frigate LTD database until you receive confirmation of registration. You are advised not to, and WEB - STUDIO accepts no liability arising from, any action taken in respect of the use and/or registration of the domain name before you have received such confirmation and full payment has been made and received by WEB Frigate LTD.
10. Acceptance of applications to register the domain name is at the sole discretion of WEB Frigate LTD. Without prejudice to the generality of the foregoing, WEB Frigate LTD may refuse to accept such application if the domain name:
(a) is currently registered;
(b) is on the list of reserved words (this list is not available for public scrutiny);
(c) is obscene or otherwise deemed to be unsuitable by WEB Frigate LTD in its sole discretion. Acceptance of a domain name by WEB Frigate LTD shall not be construed as WEB Frigate LTD approving or agreeing that you have the right to register that name.
11. The fees for the registration of, and renewal of registrations of, the domain name are those posted on the WEB Frigate LTD website. WEB Frigate LTD shall be entitled to invoice you for the registration for the domain name on receipt of an application to register for the domain name and for the renewal of the domain name registration on or before the renewal date. Payment must be made within the period stated in the invoice. If WEB Frigate LTD does not receive payment within such period WEB Frigate LTD is entitled, at its option, either to suspend or to delete the domain name registration from the database and if deleted, the domain name may be made available for registration to the public. If the domain name is no longer required you will still be liable for any outstanding or applicable domain name renewal fees. If suspended, WEB Frigate LTD reserves the right to charge you for resumption of the registration of the domain name.
12. WEB Frigate LTD may at its sole option, cancel the registration or suspend registration of the domain name if:
(a) ordered to do so by a court of competent jurisdiction;
(b) the use of the domain name is illegal;
(c) if there is a breach of these terms and conditions, including without limitation, clause 1;
(d) the continued use of a domain name could cause technical problems on the Internet,
(e) following the Dispute Resolution Policy posted on WEB Frigate LTD website the name has been judged to infringe the trademark or other intellectual property of the complainant.
(f) if WEB Frigate LTD believes that the domain name was registered for use in a "phishing" attack or other illegal activity of any kind.
(g) if inaccurate or false contact details are provided.
13. WEB Frigate LTD gives no warranty and makes no representation in respect of the domain names registered hereunder including, without limitation, the availability of any domain names and hereby excludes, to the fullest extent permitted by law, all conditions, warranties, terms, undertakings and representations, express or implied, whether by statute, common law or otherwise in relation to such domain names.
14. WEB Frigate LTD shall not be liable to you whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the domain names registered hereunder, including without limitation:
(a) loss of revenue; and/or
(b) loss of anticipated savings; and/or
(c) loss of business and/or goods; and/or
(d) loss of goodwill; and/or
(e) loss of use; and/or
(f) loss and/or corruption of data and/or other information; and/or
(g) downtime; and/or
(h) any damage relating to the procurement of any substitute services.
For the avoidance of doubt, neither the types of loss and/or damage specified in sub-clauses (a) to (h) inclusive of this clause 16 nor any similar types of loss and/or damage shall constitute direct loss for the purposes of these terms and conditions.
15. In no event shall WEB Frigate LTD liability to you whether in contract, tort, by statute or otherwise exceed the registration fee for the domain name.
16. Nothing in this Agreement shall exclude or restrict the liability of either party for fraudulent misrepresentation and/or for death or personal injury arising as a result of the negligence of that party, its officers, employees, agents and/or sub-contractors.
17. The terms and conditions are exclusively governed by English law and by applying to register or renew a domain name you and WEB Frigate LTD submit to the exclusive jurisdiction of the English courts.
Website Development Terms and Conditions
These terms and conditions are applicable to all Web Development projects that are undertaken by WEB Frigate LTD. If the project is to be hosted by WEB Frigate LTD, you can view those terms and conditions.
A copy of these terms and conditions is submitted along with project quotations and must be agreed prior to work commencing. Alternatively, payment of an advance fee or payment online is an acceptance of our terms and conditions. These terms and conditions are always available on our website for review.
Charges for services to be provided by WEB Frigate LTD are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days unless alternate timescales have been agreed beforehand with the Client. WEB Frigate LTD reserves the right to alter or decline to provide a quotation after expiry of the valid timescale. All Web Development projects costing £1000 ex Vat and over will require an advance payment of fifty (50) percent of the project quotation total before work will commence. The remaining balance of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. Charges for web development do not cover the release of source Photoshop or Flash files; if the Client requires these items then a separate quotation can be prepared. Payment for services is due by online payment through WEB Frigate LTD bank transfer or Pay by Card.
3. Client Review.
WEB Frigate LTD will provide the Client with an opportunity to review the appearance and content of the Web site during the design and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies WEB Frigate LTD otherwise within ten (10) days of the date the materials are made available to the Client.
4. Project Schedule and Content Control.
In the majority of projects, WEB Frigate LTD will install and publicly post or supply the Client's Web site by the date specified in the project proposal. If no such date is specified, the timescale shall be within four weeks of the date initial payment is received from the Client, unless a delay is specifically requested by the Client and agreed by WEB - STUDIO. An alternate timescale can be agreed during the initial project discussion. In return, the Client agrees to delegate a single individual as 'first-point-of-call' to aid WEB Frigate LTD with completing the project in a satisfactory and expedient manner. During the project, WEB Frigate LTD will require the Client to provide copy and images. If content is not provided within four (4) weeks of an official request by email then WEB Frigate LTD reserves the right to advise the Client of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within eight (8) weeks from the original email request then the Client is considered to be in default of the project, the project will be terminated and the Client sent the final invoice for immediate payment. WEB Frigate LTD will agree, at its discretion, to recommence the project after agreement is reached on a new quotation document and once the original fees have been paid.
Invoices will be provided by WEB Frigate LTD upon completion of the work for Web Development and Design and any associated services. Invoices are normally sent via email; however, the Client may elect to receive hard copy invoices. Invoices are due within seven (7) days of receipt after which a reminder will be sent to the Client. If the invoice has not been settled after sixty (60) days then WEB Frigate LTD will consider the account to be in default.
If the Client in default has any information or files on WEB Frigate LTD Web space, WEB Frigate LTD can, at its discretion, remove all such material from its web space. WEB Frigate LTD is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay WEB Frigate LTD reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by WEB Frigate LTD in enforcing these Terms and Conditions.
Termination of the Web Development project by the Client must be requested in writing and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
8. Legal Restrictions.
Terms and Conditions relating to hosting account content and usage may be found.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants WEB Frigate LTD the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting WEB Frigate LTD permission and rights for use of the same and agrees to indemnify and hold harmless WEB Frigate LTD from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Client to WEB Frigate LTD that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
10. Media Delivery Requirements.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail, CD-Rom, DVD, or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. The specific requirements will be discussed and agreed with the Client prior to commencement of the project. Although every reasonable attempt shall be made by WEB Frigate LTD to return to the Client any images or printed material provided for use in creation of the Client's Web site, such return cannot be guaranteed.
11. Access Requirements.
If the Client's Web site is to be installed on a third-party server, WEB Frigate LTD must be granted temporary read/write access to the Client's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
12. Post Project Alterations.
WEB Frigate LTD cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. WEB Frigate LTD may require a one-off Web Development charge before resolving any issues that may arise.
13. Third Party Services.
WEB Frigate LTD may require the usage of third party services - for example, credit card processing - to complete the Client's project requirements and will ensure these services are integrated into the project and working correctly upon completion. WEB Frigate LTD cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on the Client's website and may require a one-off Web Development charge before resolving any problems that may arise.
14. Domain Names.
WEB Frigate LTD may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and the Client will be invoiced by WEB Frigate LTD. For .com, .org and .net domains, reminder emails will be sent out to the client before the domain expires at ninety (90), sixty (60), thirty (30) and five (5) days before expiration with a final email sent ten (10) days after the expiration date. Domains ending in .co.uk are automatically renewed ten (10) days before expiration. In this case, the Client must notify WEB Frigate LTD that they do not wish to keep the domain thirty (30) days before the expiration date. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of WEB Frigate LTD. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
16. Governing Law.
This Agreement shall be governed by English Law.
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