Hosting Terms and Conditions
Kuka Studios Ltd. is a registered reseller of B&P Interactive Hosting services. We abide by their terms and conditions (edited) below.
Client means person, firm or company that purchases or agrees to purchase goods or services from the company.
Company means B&P Interactive Limited.
Goods or Services means the item supplied by the company as specified on the order form.
Contract means a contract for the supply of goods and services by B&P Interactive Limited.
2. Terms & Conditions
These terms and conditions apply to all contracts for the sale and supply of goods and services by B&P Interactive Limited to the exclusion of all other terms and conditions which the client may purport to apply.
By completing the order form, orders by the mode of telephone or logging into your account / uploading files the client will be deemed to have accepted and agreed to these terms and conditions.
Any variation of the terms and conditions shall be inapplicable unless agreed in writing by the company.
We the company reserve the right to amend and update these terms and conditions at anytime without notice.
The company agrees to provide the service to the client to the extent described in the client agreement from and according to the terms and conditions of this contract. The service level shall be deemed incorporated in to this contract.
If the client's bandwidth or system resource usage reaches the point where it has an adverse affect on other clients we the company reserve the right to disable services until you can reduce your usage.
Each account includes a set amount of bandwidth, if you use more than this amount then you agree to pay for this bandwidth at a the rate of £8 per 1Gb of usage.
The company cannot guarantee any level of service, although any problems will be solved as soon as possible.
4. Price & Payment
Payment by the client will be either on a monthly or yearly basis.
Payment is due each anniversary month or year following the date the account was established. Clients will automatically be charged again at the end of their period unless closure notification has already been given.
Payment on a monthly basis will be by credit card.
The company reserves the right to vary the amount payable (monthly or yearly) from time to time, however we will give you 30 days prior written notice of any such variation.
We do not offer any form of credit to clients.
If the client's service or account is activated before payment is made then payment must be sent in full.
If payment is not made and received in full within 7 days from invoice date all technical support for the site will be revoked. If payment is still not made in the following 7-day period the client's account will be deleted from out servers and all DNS services will stop.
Any returned cheques to clients will incur an administration fee of £35.00.
The company has no obligation to carry out any work until full payment in advance has been received in clear funds.
All web hosting accounts come with a 30 day money back guarantee from date of first purchase, this excludes SSL certificates, domains, dedicated servers or any other services offered. To claim you must within 30 days from the date of purchase request cancellation and refund using the support request system on the control panel. Renewal orders of existing accounts are not covered by this guarantee.
The initial term of this contract shall be the period described in the above and shall commence on the date of acceptance by the client. Thereafter the contract will continue on a monthly or yearly basis unless terminated according to the provisions below.
All account cancellations must requested by through the support system on the control panel with at least 7 days notice. Notifications must include user name, principal contract name and reason for cancellation. Third party cancellations are not accepted.
We the company reserve the right to cancel your account at anytime without notice.
If your account is closed under 6.0, all files will be deleted.
Any attempt to use the Control Panel for purposes other than its intended use will result in your account being terminated.
Any improper use by the client under any sections under 6.0 may result in immediate termination of the Company's service.
If a client has ordered a service on an annual or monthly subscription the company expect the client to commit for this period of time. If the client cancels their account within this service period, we the company will not make any refunds for any unused portions of the client's account. Whilst the company does not offer refunds the client have no obligation to continue using our service.
Transferring an account ownership must be done by notifying the company by support request in writing and be approved by the company, changing account details contact information does not transfer ownership or transfer billing liabilities.
6. Improper Use
The company's service may only be used for lawful purposes by the client.
Any breach of terms shall be deemed a material breach of this contract and shall entitle the company to terminate the contract irrelevant whether the client is aware of the content of any material so transmitted or not.
We the company do not allow file or media distribution, streaming, file backup storage, free hosting, hosting banners/graphics/cgi scripts for other websites, storing pages/files/data for other websites, pornographic material, or IRC related services or programs.
Clients may not store more data in their account than their allotted quota.
Your account should not use excessive resources of a server which may have a detrimental effect on other customers, we reserve the right to impose limits on accounts or remove features to protect other users sharing a server with you.
Clients must not participate in any form of unsolicited bulk e-mailing or spam.
Your web space may only be used for hosting web sites and files to be used with your web sites.
Clients may not run server processes, such as talkers or IRC Bots from their login account.
Clients may not use FTP usage for webcam broadcasting purposes.
Any breach of the above provisions may result in an immediate withdraw of service provided by the company, warnings will be given first if posible to allow you to remove banned content.
7. Company's Liability
In no circumstances whatsoever will the company or Kuka Studios be liable for economic, indirect or consequential loss arising from delays or service interruptions or data loss.
Neither the company nor Kuka Studios will be responsible for loss occasioned by computer viruses, whether introduced by Kuka Studios' or the Company's software or otherwise.
To protect your privacy we will not distribute your name or e-mail address to any third party.
We the company reserve the right to remove material deemed inappropriate from your web pages, without prior notice. B&P Interactive Limited do not allow Warez, Illegal MP3 websites, porn on their servers.
We the company shall not be held liable for any loss or damage caused by the use, misuse, unavailability or removal of services.
Kuka Studios shall not be held liable for any loss or damage caused by the use, misuse, unavailability or removal of services.
Whilst the company shall expeditiously seek domain registration, the company shall not be liable in the event of the domain having been registered by some other person by the time the company seeks registration in which event a full refund will be paid to the client without any other liability on the part of the company for loss by the client.
We the company shall not be held liable for any loss or damage caused by the use, misuse, unavailability or removal of services. Kuka Studios shall not be held liable for any loss or damage caused by the use, misuse, unavailability or removal of services.
8. Client's Liability
It is the client's responsibility to carry out computer virus precautions.
Data stored on our servers is backed up. It is the responsibility of the client to keep independent backup files of important data. We the company cannot be held responsible for any loss incurred from the client's inability to backup any files.
Telnet shell accounts are made available for editing and setting up your website. It is not a development platform for issues unrelated to your website.
Clients must not leave their home directory at anytime
Clients must not attempt to gain the privileges of another user.
When connecting to the Company's servers via Telnet or SSH, the Client must not leave their home directory.
Any interference with other users files or data will result in access being removed.
Clients may have commercial use of web and ftp space. This privilege must not be abused. If the company believes that this or any other facilities have been abused by the client, this will result in an immediate termination of their account.
Clients will be responsible for the content of their page/s including obtaining the legal permission for any works they include and ensuring that the contents of their page/s do not violate UK or any other laws that are applicable.
The clients will be responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via their page/s
When seeking domain registration, the client will be responsible when placing an order to ensure that the domain has not been registered by some other person.
9. Password Security
The client will be given a login account, which is for personal use only. Clients must not divulge their password to any other people.
The client shall taken reasonable precautions to ensure that it is not discovered by other people.
The company reserves the right to change the password in the event of any suspected security breach.