Terms & Conditions

Introduction

These are the trading terms and conditions for PPDR Management Limited. These terms apply to our hosting plans and domain name registration services. The business relationship entered into between you and us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between you and us.
They do not apply to dedicated services or non-standard products, which are subject to specific terms of business. These terms can be supplied on request. All prices are inclusive of VAT if the products are purchased within the United Kingdom, overseas orders do not require to pay VAT.
Within these terms where the text states ‘We’, ‘Us’ & ‘WebServ UK’ means ‘PPDR Management Limited’ of 78 Claremont Drive, Ravenstone, Leicestershire, LE67 2ND in the United Kingdom.
This may also include other parties acting on WebServ UK’s behalf.
In the text ‘You’ includes the person purchasing or hiring the services of WebServ UK’s or any party acting on the customer's instructions.
The ‘Registrant’ includes the person applying for a domain name or any party acting on their behalf.
In these terms and conditions there maybe references made to computer based items these and their meanings are listed in below.
The ‘Registry’ means the relevant domain names Registry.
The ‘Server’ means the computer server equipment operated by us and our suppliers in connection with the provision of the services.
The ‘Web Site’ means the area on the server allocated by us to you for use by you as a site on the Internet.

Payments

All charges payable by you for the services we provide shall be in accordance with the charges and rates published on our web site, errors and omissions excepted and shall be due and payable in advance of provision of the services.
We reserve the right to change charges and rates at any time.
Payment is due on the date instructed by WebServ UK. If you’re chosen payment method is by credit or debit card you authorise WebServ UK to debit your account renewal fees from your card when they are due. We will try and provide prior notice before this action is taken.
Unless otherwise stated by WebServ UK all payments must be in UK Pounds Sterling.
If your payment (cheque or card) is rejected by the bank as unpaid for any reason, you will be liable for a charge of £50.
Without prejudice to our other rights and remedies listed in this agreement, if any payments are not paid by the date specified by WebServ UK, we shall be entitled to suspend the provision of services to you. If payment is not made within 30 days, we reserve the right to take legal action against you. You will be held liable for all legal costs incurred by WebServ UK.

Domain Name Registration

We make no promises or representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. It is advised that you should therefore not assume registration of your requested domain name or names. You should therefore wait until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your own risk.
The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them.
You shall have no right to bring any claim against us in respect of any refusal to register a domain name by any of the relevant registration authorities.
Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.
We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.
We shall not release any of our domain names to another provider unless full payment for that domain has been received by us.

Web Site Hosting And E-mail

We make no representation and give no warranty as to the accuracy or quality of information received by any person via any of the servers we use. We shall also have no liability for any loss or damage to any data stored on the servers we employ.
You will only use the Web Site space allocated to you on our servers for lawful purposes. You must promptly inform us if any part of this clause been breached or you become aware that they may have been breached.
You will not use your allocated server space in any manner, which infringes any law, or regulation or which infringes the rights of any third party. You will also not authorise or permit any other person to do so.
You will not upload, post, link to or transmit any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way. Any material containing a virus or other hostile computer program. Any material which constitutes, or encourages a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
You will not employ programs, which consume excessive system resources. This will include but not limit the processor cycles and memory.
Any files or information you store on the server space provided by us must be reachable via a hyperlink from a page on your site.
We reserve the right to remove any material that we deem inappropriate from your Web Site and our server space without prior notice to you. If we do remove data we will inform you after the fact.
You shall keep secure any identification, password and other confidential information relating to your account. We will need to be notified immediately of any known or suspected unauthorised use of your account or breach of security.
You shall observe the procedures which we may from time to time prescribe and shall not use the server in which it maybe detrimental to any of our other customers.
You shall procure that all mail is sent in accordance with applicable legislation such as the Data Protection Act/ Legislation. Electronic communications must also be sent in a secure manner.
All users, either individual or belonging to a company/organisation must be at least 18 years of age. You must ensure, if you are the account holder, that the services we provide will not be used by anyone under the age of 18 years.
We will use every reasonable endeavour to ensure the integrity and security of our servers, we do not guarantee that the servers will be free from unauthorised users or hackers. We will not be held responsible for any damage caused to your systems by unauthorised users or hackers.
We shall be under no liability for non-receipt or mis-routing of e-mail or for any other failure of e-mail.

Service Availability

We shall use our reasonable endeavours to make available to you at all times the server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the server. Termination And Refunds.
Our company will be entitled to suspend any services we provide and/or terminate this any agreements forthwith without notice to you for any of the following reasons:
- If you fail to pay any sums due to us.
- If you or anyone else breaks any of these terms and conditions.
- If the client is a company and it moves into liquidation or suffers the appointment of an administrator or administrative receiver. Also included is entering into a voluntary arrangement with your creditors.
No refunds will be made under any circumstances for services suspended in accordance with any of the above.
We reserve the right to suspend any of the services we provide and/or terminate this agreement at anytime. In the event of this you will be entitled to a pro rata refund based upon the remaining period of prepayment.
You may request to cancel any of the services we provide at anytime. For this to happen you must request the cancellation of the services in writing. The request must include your full account details. We will cancel the services we provide to you within 5 working days of receipt of your request.
Domain name registration fees, standard charges and charges for optional extras are not refundable under any circumstances.
If any payments have been made by credit or debit card, refunds will only be issued to the same credit or debit card.
If any of the services are terminated or suspended we will be entitled to stop any access to your web site and to remove all data located on our servers immediately.

Indemnity

You, as a client, shall keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to You and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this agreement.

Limitation of Liability

All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under UK law, subject always to sub clause 9.2.
No part of these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services we provide shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
In any event no claim shall be brought on us unless you have notified us of the claim within one month of the problem arising.
In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Notices

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the stated address of the other party or such other address that the party may from time to time be using.
All changes must be communicated to the other in writing, and if sent by email shall be deemed to be received on the day it was sent. If the information is sent by fax shall it will be deemed to be served on receipt of an error free transmission report. If information is sent by recorded delivery it shall be deemed to be served two days following the date stamped by the mail service.

Non-Waiver

Any forbearance or failure by us to enforce a contractual provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.

Law

This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.

Headings

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Entire Agreement

These terms and conditions together with any documents expressly referred to in them, contain the entire agreement between us and you relating to the services we provide. This agreement supersedes any previous agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters.
No verbal explanation or verbal information given by either party shall alter the interpretation of these terms and conditions.
In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions. You also agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this agreement.

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