Terms of Service

We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In these terms you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

Summary

  • You, are hiring us (Alloy Marketing Ltd) to produce/design your project, for the estimated total price as outlined in the previous pages. Of course it’s a little more complicated, but we’ll get to that.

What do both parties agree to do?

  • You have the authority to enter into this contract on behalf of yourself, your company or your organisation.
  • You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together.
  • You also agree to stick to the payment schedule set out at the end of this contract.
  • We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.
  • This agreement is made between Alloy Marketing Ltd, a limited company registered in England and Wales  Company Reg No: 8289317 Barnett House, 53 Fountain Street, Manchester, Greater Manchester, M2 2AN (“Alloy Marketing” which expression shall include all or any of its subsidiaries, agents, successors and assigns), and you the customer (“Customer” which expression shall include its permitted successors and assigns).

 

Payment Terms

  • Payments are accepted by standing order, online bank transfer/ counter deposit, Or DirectDebit (Signup to a Direct Debit Subscription with us here)
  • One-off invoices and the first invoice for recurring services are generated on receipt of your order and due within 7 days.
  • All renewal invoices are generated 21-30 days in advance for your benefit.
  • All invoices are sent to your registered e-mail address. It is your responsibility to ensure this e-mail address is kept up to date and can receive emails from us.
  • It is important that we receive payment on time. All services must be paid for by the due date shown on the invoice unless a written adjustment has been agreed. Failure to complete payment after this time will result in an automatic reminder when the invoice is overdue, and automatic account suspension should the invoice remain unpaid for more than 3 days. This applies to all monthly services and annual services such as hosting accounts. Domain names expire on the day immediately after their renewal date. As such we strongly recommend renewing a minimum of 48 hours before the expiration date.
  • If an invoice is unpaid, the related service will be suspended until such time that payment is received and you inform us by email that you have paid. At this point we will use all reasonable endeavours to restore service within 24 hours.
  • Unless otherwise stated, all payments must be received in UK Pounds sterling. If you pay by foreign bank transfer, then you must be responsible for all foreign currency charges.
  • We reserve the right to alter our prices at any time and will notify you of any alteration by providing you with a written notice. Notice of any price alteration will be sent via e mail to the e mail address that we hold for you in our account. If you have already purchased a particular service then the price alteration will only become effective when the service reaches the end of its current term.
  • You warrant that you are lawfully authorised to make payment using the payment card or facility you disclose to us. In the event where you are not the named cardholder, you acknowledge that you and the named cardholder both accept these terms and conditions and are jointly and severally liable for any payment(s) due. You hereby indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.
  • If you attempt a chargeback or dispute a transaction with your bank, we reserve the right to suspend all services provided to you with immediate effect. Services will remain suspended and until such time as the chargeback has been fully reversed in our favour.
  • If payment is not made in accordance with these conditions, we reserve the right to charge Statutory Interest (8%) on the overdue balances for the period from the date on which payment became due until the date on which payment is made including any period after the date of any judgement or decree against the Customer. In addition, each overdue invoice will attract a late payment compensation fee of £40.
  • In the event of any cheques, standing orders or direct debits due from a Customer to us being dishonoured, a charge of £40 (or such other sum as we may from time to time advise the Customer) will be made on the Customer’s account to cover bank and administrative costs.
  • We reserve the right in its absolute discretion to refuse to grant credit.
  • We may, at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by (Alloy Marketing Ltd – Company Reg No: 8289317) to the Customer.

Terms & conditions of Recurring plans and payments

  • Please note: You will be invoiced in advance for all recurring services
  • 1st invoice: Your services/work will commence on receipt of payment for the first instalment  – unless we have agreed to separate agreement with you
  • Subsequent invoices: invoices are sent in advance and will become due on the first day of the new “cycle”. So, for example:  if you started a monthly plan on the 4th April, your invoice to cover (month 2) 4th May- 3rd June, will be sent to you on the 4th April and will become DUE for payment on the 4th May.
  • Advance payment discounts: If you intend to pursue a long-term campaign, please enquire about discounts for paying 3, 6, or 12 months in advance.
  • Late payments: As soon as each invoice passes the DUE date, it is “Overdue” and liable to a debt reclamation fee
  • You can also change monthly plans at any point with 30 days written notice, for example many customers choose to start with 3 to 6 months subscribing to our monthly plans such as SEO Plan 3 or 4, in order to climb the rankings and start generating some business through their website, and they will then drop down to Plan 1 or 2 from then onwards to maintain the high rankings that were achieved in the first few months.

Breach of terms

  • A breach of any of our terms and conditions will result in immediate termination with no refund.
  • Setup fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method as listed on our contact page.

Client Conduct

  • Under no circumstances will we tolerate threatening or abusive behavior towards our staff. Should this occur, we reserve the right to terminate the hosting agreement with immediate effect.
  • Should the client, during the course of a telephone conversation, email or support ticket, make reference to “legal action” or say anything we might reasonably understand to imply or infer that the client may intend to pursue a legal claim against us, we reserve the right to refuse telephone support going forward. Any further correspondence must then be sent by email or support ticket.
  • Should we feel that your needs would be better served by another provider, we reserve the right, at our sole discretion, to terminate any agreements. Where it is reasonable to do so, we will provide 30 days notice of termination and provide a backup of all website content and email.

Rights on Termination

  • Termination of this agreement does not affect your pre-existing liability, if any or affect our right to recover damages or pursue any other remedy in respect of any breach of this agreement by you.
  • In the event of us terminating this agreement due to breach of these conditions by you, we shall be entitled to the balance of all payments which would but for such termination have accrued up to the earliest date on which this agreement could have been terminated by you.
  • Setup fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method.

Account Support / Emergency Contact

We provide support via e-mail and phone. To provide efficient service and comply with data protection laws, any requests for changes to your account (including billing changes, password changes or any other technical changes) must be submitted by ticket or e-mail from your registered address.

INSOLVENCY OF CUSTOMER

In the event that:

  • The Customer makes any voluntary arrangement with its creditors, proposes to enter into a company voluntary arrangement, enters into administration, is unable to pay its debts as they fall due, makes application to a Court to suspend enforcement action against it, goes into liquidation (in the event that the Customer is a company) or becomes insolvent, enters into a trust deed or voluntary arrangement for the benefit of its creditors (in the event that the Customer is an individual or firm), or if the equivalent occurs under any jurisdiction; or
  • an encumbrancer takes possession of, or a receiver or administrative receiver is appointed over, any of the property or assets of the Customer; or
  • the Customer suspends any payments hereunder or ceases, or threatens to cease, to carry on business; or Alloy Marketing Ltd reasonably considers that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly; then without prejudice to any other rights or remedies available to Alloy Marketing Ltd, shall be entitled forthwith to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer and if the Products have been delivered but not paid for, the price shall become immediately payable notwithstanding any previous agreement to the contrary.

Cancellation terms

  • To try help our valued customers as much as possible, so we don’t charge any cancellation fees for any of our services, providing you let us know in writing 30 days before the next  first day of your “cycle” for your recurring payments, ie: the due date of the invoice.
  • We need 30 days notice in order to stop all our automated systems which create your invoices and the tasks every month for our team to complete and running all your software subscriptions related to the campaign/service.
  • If you don’t give us 30 days notice prior to the date of the invoice, to cancel your subscription, all our systems will restart and you will be liable to pay for one last  cycle, of equal duration to the prior cycle.

Terms & conditions of Projects

  • Payment Terms: We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. You agree to stick to the following payment schedule.

Project Payments

  1. Deposit Payment: You should pay us the initiation payment equal to 50% of the project total cost.
  2. Final payment: Once we have completed* our side of the work, we will invoice you for the remaining 50% project cost immediately on completion of our work (or within 90 days of project start date, whichever comes first).
  3. Handover: Once the final balance has cleared, we will launch your website, usually within 48 hours and email you with the login details to your website hosting control panel.
*Delayed or stalled project clause
  • The site is “complete” when the site is developed, not when the content is ready, which means the payment will be due when we’ve done our part. (If you need our help creating content, text and photos to populate your website, we can provide a separate estimate for this).
  • If the project is delayed, and we are not responsible, you will still have to pay the final balance within 90 days of the project start date, which is plenty of time to reach all the project milestones, plus some extra leeway for the unexpected things that might come up and cause delays.
  • If the project is not signed off and paid in full by the client, we reserve the right to delete all files relating to the project within 120 days of the project start date.

Design

  • We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes.
  • We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every web page as a static visual. We may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) We call them ‘design mockups’.
  • You’ll have two or more weekly opportunities to review our work and provide feedback.
  • If, at any stage, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point and cancel this contract.

Text content

  • We’re not responsible for writing any text copy, unless you have ordered the copy-writing service. (If you’d like us to write new content for you, we can provide a separate estimate for that)

Photographs

  • You should supply graphic & logo files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.

Copyrights

  • First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve got permission to use them. Then, when your final payment has cleared, copyright will be automatically assigned as follows:
    • You will own the visual elements that we create for this project.
    • We’ll provide you the source files and finished files on request, and you should keep them somewhere safe as we’re not required to keep a copy.
    • You own all elements of text, images and data you provided, unless someone else owns them.
    • We will own the unique combination of these elements that constitutes a complete design and we’ll license that you, exclusively and in perpetuity for this single project only, unless we agree otherwise. We can provide a separate estimate for that.
  • We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.

Domain names

  • If we have registered a domain name on your behalf, or you have transferred your domain to our management, then you will retain full ownership of the domain as long as you are up to date with your domain name renewal payments which are paid yearly in advance.
  • Failure to pay your annual domain name renewal fees within 30 days will result in your domain either expiring, so that neither us or you can control it anymore and it will return to the market for sale in 45 days. In some situations where the renewal fee is not paid within 30 days, we may choose to pay your renewal fee, which would give us legal ownership of the domain name.
  • If you have registered your domain or in situations where we were managing your domain name and you requested for us to transfer the control of the domain over to you: You have the responsibility to renew, pay for and manage your domain name, and we can not accept responsibility if your domain is not renewed in time and goes into expiry mode.

Legal stuff

Project Timescales

  • On acceptance of a website design, website development or design project, we require all content to be delivered to us promptly and in a single document containing all text that is required on the website; additionally, any images, videos or media content should be delivered to us in a compressed/zip folder via email or using a file transfer service such as wetransfer.com.
  • On receipt of the project deposit payment and upon receipt of all the content (text and media) that is required for the project, we will commence work on your project and we will provide a mockup or website demo within one calendar month.
  • Changes or additions to the content, after we have started work on the project will result in extra charges not covered in the initial quotation, and will change our delivery date of the site to one calendar month from the date of requested changes or additions.
  • In light of the stalled project clause above, we kindly request you have all content finalised and ready to deliver to us promptly after accepting the project.
  • Minor amendments to the design, such as adjustments to colours and font sizes will be processed as quickly as possible with the aim of providing the changes within five working days, major adjustments beyond the scope of the original quote will be quoted-for separately.

The small print

  • We can’t 100% guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
  • Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
  • Just like a parking ticket, you can’t transfer this contract to anyone else without our permission.
  • This contract stays in place and need not be renewed.
  • If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
  • Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of [English and Welsh] courts.

Hosting Terms & Conditions

  1. Account Setup / Email on file – We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.
    1. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.
    2. Providing false contact information of any kind may result in the termination of your account.
    3. If you fail to meet these requirements, the order may be considered fraudulent in nature and denied.TransfersOur transfer’s team will make every possible effort to help you move your site to us; however, we cannot make guarantees of the transfer process.
    4. We provide this as a courtesy service and cannot make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best; however, in some cases we may be unable to assist you in a transfer of data from an old host.
  2. Content – All services provided by AlloyMarketing.co.uk may only be used for lawful purposes. The laws of England and Wales apply and all claims concerning this agreement shall be brought exclusively in English courts located in England.The customer agrees to indemnify and hold harmless AlloyMarketing.co.uk from any claims resulting from the use of our services.
    1. Use of our services to infringe upon any copyright or trademark is prohibited.
    2. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work.
    3. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@AlloyMarketing.co.uk with the information required. If the request is of a licensing issue, we may require further documentation.
    4. Examples of unacceptable material on all shared and reseller servers include: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
    5. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.Examples of unacceptable material on dedicated servers include: Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
    6. Forums and or websites that distribute or link to warez content are prohibited.AlloyMarketing.co.uk services, including all related equipment, networks and network devices are provided only for authorised customer use. AlloyMarketing.co.uk systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of AlloyMarketing.co.uk system(s) constitutes consent to monitoring for these purposes.We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.
    7. If in doubt regarding the acceptability of your site or service, pleases contact us at abuse@AlloyMarketing.co.uk and we will be happy to assist you.
    8. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography: Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
    9. Direct customers: Your services will be terminated with or without notice.
    10. Violations will be reported to the appropriate law enforcement agency.
    11. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possibly, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
  3. Zero Tolerance Spam Policy  We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or UseNet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.AlloyMarketing.co.uk reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.AlloyMarketing.co.uk reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of AlloyMarketing.co.uk.
  4. Payment Information – You agree to supply appropriate payment for the services received from AlloyMarketing.co.uk, in advance of the time period during which such services are provided. You agree that until and unless you notify AlloyMarketing.co.uk of your desire to cancel any or all services received, those services will be billed on a recurring basis.Cancellations must be done in writing by submitting an email to billing@alloymarketing.co.uk. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been cancelled. At this time, your account with us has been cancelled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.As a client of AlloyMarketing.co.uk, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. AlloyMarketing.co.uk provides a 30 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 30 days and not paid will result in a 10GBP late fee and/or an account suspension until account balance has been paid in full.AlloyMarketing.co.uk reserves the right to change the monthly payment amount and any other charges at anytime.
  5. Backups and Data Loss – Your use of the service is at your sole risk. AlloyMarketing.co.uk is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on AlloyMarketing.co.uk servers.
    • Bank Wire Transfers
    • Western Union Payments
    • Checks
    • Money ordersCancellations and Refunds – AlloyMarketing.co.uk reserves the right to cancel the account at any time with or without notice.Any abuse of our staff in any medium or format will result in the suspension or termination of your services. – Shared hosting customers, reseller hosting customers and semi-dedicated hosting customers may cancel at any time by submitting a cancellation request via email with 30 days notice.The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
    • Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
  6. Violations of the Terms of Service will waive the refund policy.
  7. There are no refunds on any VPS (Virtual Private server), dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 30 days will be refunded on a prorated basis of any unused time.
    1. Resource Usage – User may not:
      1. Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
      2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
      3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
      4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
      5. Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
      6. Participate in any file-sharing/peer-to-peer activities
      7. Run any gaming servers such as counter-strike, half-life, battlefield 1942, etc
      8. Run cron entries with intervals of less than 15 minutes

      When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include (“http://yourdomain.com/include.php”) use include (“include.php”)

    2. INODES – The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then”Default Address”, “Set Default Address”, and then type in: :fail: No such user here
    3. Mysql DISK Usag e- All though Alloy Marketing Ltd offers unlimited MYSQL databases along with our shared web hosting plans, we limit the TOTAL disk usage for ALL mysql databases per account to 1 GB. This is to avoid one particular account from filling up our /var partition (where mysql databases are hosted) and using up the disk space.
  8. Bandwidth Usage – You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we will inform you in advance but also reserve the right to suspend the account until the start of the next allocation, suspend the account until you upgrade to a higher level of package, terminate the account. Unused transfer in one month cannot be carried over to the next month.
    1. Moneyback Guarantee – Each of AlloyMarketing.co.uk managed shared and reseller servers carry a 30 days unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
    2. Uptime Guarantee – If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of AlloyMarketing.co.uk dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact billing@AlloyMarketing.co.uk with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee. The total credit applicable would never be more than one month’s hosting charges paid by the customer at any time and for whatever reason.
    3. Hardware Failure – The AlloyMarketing hosting provider’s engineers monitor the Servers round the clock to avoid downtime due to server load or network. However, Hardware Failure is an uncontrollable disaster for which compensation is not applicable. During such occurence, downtime can extend from 24-48 hours due to hardware and software replacement and data restoration though this is very rare.
  9. Shared (non-reseller accounts) / Semi dedicated Servers – Shared accounts may not resell web hosting to other people
  10. Dedicated Servers – AlloyMarketing.co.uk reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. AlloyMarketing.co.uk reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales@AlloyMarketing.co.uk if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.
  11. Price Change – The amount you pay for hosting will never increase from the date of purchase. We do reserve the right to change prices listed on AlloyMarketing.co.uk, and the right to increase the amount of resources given to plans at any time.
  12. Indemnification – Customer agrees that it shall defend, indemnify, save and hold AlloyMarketing.co.uk harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against AlloyMarketing.co.uk, 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. Customer agrees to defend, indemnify and hold harmless AlloyMarketing.co.uk against liabilities arising out of;Any injury to person or property caused by any products sold or otherwise distributed in connection with AlloyMarketing.co.uk;
    Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
    Copyright infringement and Any defective products sold to customers from websites on our servers.
  13. Disclaimer – AlloyMarketing.co.uk shall not be responsible for any damages your business may suffer. AlloyMarketing.co.uk makes no warranties of any kind, expressed or implied for services we provide. AlloyMarketing.co.uk disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by AlloyMarketing.co.uk and its employees.
  14. Disclosure to law enforcement – AlloyMarketing.co.uk may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.We will cooperate fully with law enforcement agencies.
  15. Changes to the TOS – AlloyMarketing.co.uk reserves the right to revise its policies at any time without notice.

 

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