Business Websites that Work

AIM4 Terms and Conditions

You indicate acceptance of these terms and conditions of service by placing an order with AIM. These terms and conditions will not be varied for individual Clients.

1 DEFINITIONS

1. In this Agreement the following words and expressions shall have the following meanings:

1.1.1 "AIM" means Active Independent Marketing.
1.1.2 “Domain name” means any domain name rented to the Client by AIM or acquired by AIM for the Client;
1.1.3 "Downtime" means any service interruption in the availability to visitors of the Website;
1.1.4 “Hosting” Hosting is the service provided by AIM that supports the provision of a Website to the Client;
1.1.5 "Intellectual Property Rights" means patents, trademarks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
1.1.6 "IP address" stands for Internet Protocol address which is the numeric address for the server;
1.1.7 "ISP" stands for Internet Service Provider;
1.1.8 “SEO” means Search Engine Optimisation;
1.1.9 "Server" means the computer server equipment in connection with the provision of the Services;
1.1.10 "The Services" means the website any other services or facilities provided by AIM.
1.1.11 "Spam" means sending unsolicited and/or bulk emails;
1.1.12 "Virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "Trojan horses";
1.1.13 "Visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at www. aim4websites.com.
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

2 INTRODUCTION
2.1 The Client wishes to provide AIM with data that will be hosted on the servers and made accessible via the Internet.
2.2 AIM provides the website and web hosting services and has agreed to host the Client's data upon the following terms and conditions.

 

3 DUTIES
3.1 AIM shall provide to the Client the Services specified in their order subject to the following terms and conditions.
3.2 The Client shall deliver to AIM the Website and the software used in the Website which is owned by the Client, or licensed to him by a third party or AIM ("the Client Software”), in a format specified by AIM.
 
4 CHARGES, TIMESCALES, PAYMENT AND GUARANTEE
4.1 Payment methods include credit cards (including MasterCard, Visa), debit cards (including Switch/Maestro) via Paypal and Cheque or Bank Transfer via on-line invoice.
4.2 AIM do not accept postal orders, cash or any other form of payment other than those outlined in 4.1
4.3 The Charges are exclusive of VAT unless otherwise stated.
4.4 AIM shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
4.5 AIM does not provide credit facilities.
4.6 From time to time AIM may make enquiries on the Client’s company, proprietor or directors of the Client’s company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
4.7 Should your chosen payment method fail AIM will attempt to settle your invoice using any other payment facilities available on your account.
4.8 All services will continue until cancelled by the Client in writing.
4.9 Website design fees are to be specified by AIM and agreed upon by the Client before commencement.  Unless confirmed otherwise in writing, a non-refundable reservation fee shall be payable before work begins on the site in question; the balance to be paid in full within fourteen days after notification of completion of Website via telephone, fax or electronic mail. 
4.10 AIM provides "Satisfaction Guarantees" on all website products. Should your Website not meet your requirements, no further charges will be payable (other than the reservation fee). 
4.11 Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.
4.12 AIM warrants that the Website will be completed no more than six complete working weeks from the date that the Client has provided AIM with all text, images and any other information required to produce the Website.  If the Client wishes to make any minor changes in text after the completion of the Website, this is acceptable under the terms of this Agreement.  If the Client wishes to make excessive changes in text, or any change in graphics or layout whatsoever once pages are completed, AIM reserves the right to charge the Client additionally at our standard rate (currently £45 plus VAT per hour).
4.13 AIM will not be responsible for any malfunction of the Website due to individual computer or browser problems or any server problems.  The Website will be designed and tested on Internet Explorer and Netscape Navigator browsers in Versions 5 and above and AIM cannot be held liable for malfunction of the site when viewed in another browser.  AIM test the site on a PC platform, although the Website should perform identically on Macintosh and UNIX platforms.

5 IP ADDRESSES
5.1 AIM shall maintain control and ownership of the IP address that is assigned to the Client as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where AIM changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Client.

6 ACCEPTABLE USE POLICY
6.1 The Website and use of the Services may be used for lawful purposes only and the Client may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Client agrees not to:
6.1.1 Use the Website or the Services in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
6.1.2 Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
6.1.3 Publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any Intellectual Property Rights (for the avoidance of doubt this includes licensed software distributed as Warez), on the Website or via the Services
6.1.4 Threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
6.1.5 Engage in illegal or unlawful activities via the Website or through the Services;
 6.1.6 Make available or upload files to the Website or to the Services that the Client knows contain a virus, worm, Trojan or corrupt data; or
6.1.7 Obtain or attempt to obtain access, through whatever means, to areas of AIM's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
6.1.8 Operate or attempt to operate IRC bots or other permanent server processes.
6.2 The Client has full responsibility for the content of the Website. The Client represents to AIM and unconditionally guarantees that any elements of text, graphics, photos, design, trademarks or other artwork furnished to AIM for inclusion in the Website are owned by the Client or that the Client has permission from the rightful owner to use each of these elements and will hold harmless, protect and defend AIM and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.   For the avoidance of doubt, AIM is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
6.3 If the Client fails to comply with the Acceptable Use Policy outlined in Clause 6.1 AIM shall be entitled to withdraw the Services and terminate the Client's account without notice.

 

7 PERMISSION TO USE AND CONSIDERATION
7.1 AIM grants to the Client an exclusive right during the term of this Agreement to use the Domain Name in accordance with this agreement and for no other purpose.
7.2 The Client shall pay AIM for the Domain Name and where applicable the SEO and Hosting annual rental agreed at the time of the rental plus the applicable rate of VAT for the first year of this agreement.
7.3 If the Client subscribes to the SEO Services, AIM will provide to the Client this service on a best endeavours basis.

8 ALTERATIONS AND UPDATES
All alterations and updates to the Website shall be made by the Client using the online account management facility, FTP access or SSH access where available. The Client will be issued with a user name and password in order to access the account. The Client must take all reasonable steps to maintain the confidentiality of this user name and password. If the Client reasonably believes that this information has become known to any unauthorised person, the Client agrees to immediately inform AIM and the password will be changed.

9 WARRANTIES
9.1 The Client warrants and represents to AIM that AIM's use of the Content or the Client Software in accordance with this Agreement will not infringe the Intellectual Property Rights of any third party and that the Client has the authority to license the Content and the Client Software to AIM.
9.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, AIM shall not be liable to the Client as a result of any viruses introduced or passed on to the Client.

10 INDEMNITY
The Client agrees to indemnify and hold AIM and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against AIM arising out of any breach by the Client of the terms of this Agreement or other liabilities arising out of or relating to the Website.

11 LIMITATION OF LIABILITY
11.1 Nothing in these terms and conditions shall exclude or limit AIM's liability for death or personal injury resulting from AIM's negligence or that of its employees, agents or sub-contractors.
11.2 The entire liability of AIM to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
11.3 In no event shall AIM be liable to the Client for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or AIM had been made aware of the possibility of the Client incurring such a loss.

12 TERM AND TERMINATION
12.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
12.2 AIM shall have the right to suspend or terminate this Agreement if the Client fails to make any payment when it becomes due.
12.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
12.3.1 The other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
12.3.2 The other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
12.3.3 The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
12.3.4 The other party ceases to carry on its business or substantially the whole of its business; or
12.3.5 The other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
12.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
12.5 On termination all data held in the Client’s account will be deleted.

13 ASSIGNMENT
13.1 AIM may assign or otherwise transfer this Agreement at any time.
13.2 The Client may not assign or otherwise transfer this Agreement or any part of it without AIM's prior written consent.

14 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

15 SEVERANCE
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

16 NOTICES
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.

17 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.

18 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

19 DOMAIN NAME REGISTRATION
19.1 Domain names are not deemed to be successfully registered until they appear in the relevant “whois” database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it AIM will provide a full refund for that domain name.
19.2 Domains acquired for Clients will be initially registered by AIM and should ownership transfer to the Client be required during the term of the Agreement, there may be an administration charge (currently £25 plus VAT).

20 SCRIPTING
Heart Internet are not responsible for Client programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.

21 PRIVACY
21.1 We will collect personal information from you for the following purposes: to receive payment from you, to run the Service, to register domain names on your behalf, to send you marketing information in the future (with your consent), and to maintain our accounts and records.
21.2 We will not pass your personal information to any other organisation, except:
21.2.1 Where we employ the services of a third party in order to operate an aspect of our service (including but not limited to payment processing and domain name registration),
21.2.2 To comply with any applicable law or valid legal process (including but not limited to requests by government agencies), if required to do so by the police or the courts, or if placed on legal notice to do so, or if we believe you may be in breach of our Terms and Conditions. 
21.2.3 We may set cookies on your browser in order to enable you to use the service. We will not use these cookies to track your browsing or infringe your privacy.

22 DATA TRANSFER
22.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.
22.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.

23 SERVER USAGE
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other Clients we will discuss with you alternative solutions for your hosting requirements.

24 WEBSPACE USAGE
Web space is available for genuine web site content; content must be linked into web pages. Clients are prohibited from using the server as a file/backup repository. Clients are expected to employ good housekeeping when maintaining their account.

January 2008