These conditions apply to website hosting and development work undertaken by Nantinet. These terms are applicable from 25/5/2018.
- Definitions
In these conditions, the term ‘We’ or ‘Us’ refers to Nantinet Website Design; ‘Hosting Services’ refers to website hosting, database hosting, or email accounts; ‘Client’ refers to the individual or company that has purchased hosting services or contracted for website or software development from us. ‘Hosting Company’ refers to the internet service provider which maintains the physical web servers, hosts domain names, or contracts these services from another provider; ‘Assets’ refers to photographs, graphics, audio or video files, domain names, and all files that are used in a website, app or software package (excluding executable files, which are referred to as Scripts). Mid Wales Internet is a trading name of Nantinet Website Design. - Liability
All services are used entirely at the client’s risk. We accept no liability for losses, financial or otherwise, caused by or through the use of: the client’s website, any web or mobile apps or other software developed for the client, any eCommerce facility, or the use of email or hosting services. Where a problem is reported to us, we will endeavour to resolve it in a timely manner but we can accept no liability for losses incurred during website or app downtime however caused, and hosting and development fees, once paid are non-refundable. We accept no liability for any issues which may arise as a result of contravention of GDPR compliance rules (see section 3, below) - Data Protection
It is the responsibility of the client to ensure that all data protection regulations are adhered to, and that all warning notices displayed are applicable to the service they are offering. Any GDPR compliance notices that we place on a website are not to be taken as legally correct, and should only be used if the client deems them suitable. Any advice we offer on Data Protection and GDPR compliance should not be taken as legally definitive, and only used as a guide in producing a compliance notice. - Copyright
All site content is copyright to the client unless otherwise stated. Third-party software, plugins, photographs, graphics and theme designs may be copyright to the respective developers and used under license. Where media is supplied by the client, it is assumed that the client has all relevant permissions to use said media and any copyright infringement is at the client’s risk. All scripts developed by us are copyright © Mid Wales Internet - Permitted use
Where clients upload their own media, certain content may be deemed unsuitable by either us or the hosting company. If such content is uploaded, it may be removed without notice and / or the hosting services terminated. Content of a pornographic, profane or otherwise insensitive nature will be considered unsuitable. - Supply of Services
Hosting services may be interrupted or terminated at our discretion under the following circumstances:
a) If the client breaches the permitted use clause (above)
b) If payment is not received in a reasonable time. When payment is outstanding, we reserve the right to limit hosting services or add ‘Under Development’ banners to websites or apps. - Renewal of service
It is the client’s responsibility to ensure payment for service renewals is made before services expire. We will take all reasonable steps to ensure the client is invoiced in good time, and will only terminate services when payment is overdue. Services are normally invoiced one month prior to expiry. Upon the renewal date, services are normally renewed unless the client explicitly requests cancellation. The client will be liable for outstanding renewal fees for domain names and hosting fees if they decide to cancel after the renewal date. Hosting will be terminated 90 days after the renewal date, if payment is not received. Where domain names are not associated with a hosting account, they will expire if payment is not made before the renewal date. - Cancellation
Hosting Services may be cancelled by the client at any time and without penalty. Irrespective of the reason given for cancellation, no refund of hosting fees will be made. Should the hosting service be cancelled by us due to any other reason than breach by the client of these terms of use, then a refund of any remaining hosting fees will be made. - Ownership
All assets and scripts, excluding those copyrighted to third parties or supplied by the client, are wholly owned by us unless otherwise stated. Once payment is received in full, these items are made available to the client under a lifetime single-use transferable license and the client is free to use them only as part of the website, app or software package they were originally part of. Said assets and scripts must not be re-sold, duplicated and re-distributed, or used for other purposes by the client. The client is permitted to transfer the license entirely to a third party (the new client), either freely or for payment. - Transfer of hosting
Should the client wish to transfer hosting services to another provider, there are no penalties or charges. The client will need to undertake all necessary procedures to transfer the site, no assistance can be provided with this aside from changing DNS settings. - Payment
Payment terms are strictly net 30 days of the invoice date. We reserve the right to add 4% per month to overdue accounts. All cheques should be made payable to ‘Nantinet’.