Terms & Conditions

Preamble

• References to "Emerging Innovations" refer to the trading name of TDG Technologies Ltd

All Hosting Accounts

• These terms and conditions should be read in conjunction with other relevant terms and conditions where Emerging Innovations is providing a number of different services;
• All dealings with Emerging Innovations are subject to English law;
• We reserve the right to amend and update these terms and conditions at any time without prior notice;
• Emerging Innovations is a UK Web Consultancy and Development company registered in England and Wales under the name TDG (Technologies) Ltd as Company Number 05911126;
• Where hosting is provided in addition to the purchase of a domain name by Emerging Innovations then Emerging Innovations can not guarantee that it will be able to register any requested domain name and that such a request should only be considered to have been fulfilled once a confirmation email has been received by the client. Where a domain name can not be registered a full refund or credit can be given up to the value of the amount that the client paid for the domain name(s) that could not be purchased;
• On ordering a hosting package from Emerging Innovations - whether inclusive of web development contract or not - the client agrees to be bound by these terms and conditions;
• Emerging Innovations reserve the right to change prices at any time;
• All pricing is in UK Sterling and cheques can only be accepted in UK Sterling and should be made payable to TDG (Technologies) Ltd;
• Emerging Innovations reserves the right to decline or rescind any order;
• At all time the Client must specify an address (both email and postal) which shall be used for communication. Should the Client fail to notify us of any changes in particulars then Emerging Innovations will not be liaible for any loss to the Client from any problems arising;
• All cancellation requests must come from the account holder in person who shall provide sufficient identification information to Emerging Innovations;
• Emerging Innovations reserve the right to suspend or cancel a customer's access to any or all services at any time without notice. If an account is cancelled then no refund will be due;
• All sites may be used for personal and commercial use but the client is responsible for the content of their pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate any laws;
• Account holders are not permitted to resell or give away any of their webspace or any service provided by Emerging Innovations. Account holders are also not permitted to allow anyone to use their account in any way that may be in breach of these terms and conditions;
• Clients accept that server downtime, whether for system upgrades or any other reason, may occur and there will be no compensation paid for any period of downtime in any event;
• We do not allow adult material, foul or abusive language, Warez, illegal MP3 sites, Slander / Libel, impersonations, promotion of violence or terrorism, racial / sexual / political discrimination or other services we deem inappropriate. The designation of "adult material" is left entirely to the discretion of Emerging Innovations and includes pornography and escort agencies. Warez - Including pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
• Accounts that use excessive amounts of system resources that result in degradation of server performance will be subject to suspension or deletion at our discretion;
• We police our sites regularly and any in breach of these terms and conditions will be removed from our servers;
• It is your responsibility to ensure that your password(s) and username are kept safe. You must not divulge the password(s) to any other person except your web designer or web consultant, and you should take reasonable precautions to ensure that they are not discovered by anyone else;
• We may grant access to any account on our servers if required to do so by a Legal Authority;
• Clients must not participate in any form of un-solicited bulk e-mailing or spam. Users may not: Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
• Any user forwarding mail to an aol.com address and subsequently marking that mail as spam (causing a detrimental effect to the server) will be subject to suspension/termination of their account;
• We do not permit the use of the following scripts on any of our servers:
  • Any scripts that can be exploited to allow unauthorized access;
  • Any scripts which become too resource intensive for the hosting environment;
  • All scripts installed by our customers must be kept up to date with the latest secure version. Old scripts with known vulnerabilities as well as user developed scripts which may be insecure may be subject to deletion. When installing scripts the permissions must not be set to 777;
  • Users must not use .htaccess to bypass server rules;
• Although Emerging Innovations backup data on 24 hour cycle we offer no guarantee that backups taken in this way can be restored and it is therefore recommended that you keep backups of all data stored on your server;
• Support is by email only. We endeavour to reply to all email within 24 hours;
• The Customer should address any complaints concerning the provision of the Services to the Company at the Company's address shown on the Contact Us page;
• The Customer agrees that it shall defend, indemnify, save and hold Emerging Innovations harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Emerging Innovations, its agents, its customers, officers and employees, that may arise or result from the content of the customer's website including but not limited to any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.
• The Customer agrees to defend, indemnify and hold harmless Emerging Innovations against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Emerging Innovations's servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Emerging Innovations's servers
• Emerging Innovations will not be liable for any damages or losses including loss of turnover, sales, revenue, profits or indirect consequential or special loss to you or your business
• Emerging Innovations makes no warranties of any kind, expressed or implied for services we provide;
• Emerging Innovations disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Emerging Innovations and its employees
• These Terms and Conditions do not affect your statutory rights;
• Any account in breach of these Terms and Conditions, determined soley at Emerging Innovations's descretion , shall be removed from our servers;
• Emerging Innovations reserves the right to revise its policies at any time;
• Emerging Innovations reserves the right to move your data to a different server with no previous notice;
• We will endeavor to provide a continuous high quality service. If you experience problems with your service, you should consult our website;
• The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request;
• Emerging Innovations reserves the right to email you information about enhancements to our systems and product offerings;
• We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and delivery address to third parties that Emerging Innovations may use for the purposes of delivering specific services to you (e.g. customer support);
• All hosting accounts are subject to a 12 month minimum contract term unless agreed in advance of purchase or renewal;
• No matter how many claims are made and whatever the basis of such claims, Emerging Innovations's maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to twice the fees paid by You for the services in relation to which Your claim arises during the 12 month period prior to such claim;
• None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Emerging Innovations, its employees or its sub-contractors.

Shared Hosting

• All Emerging Innovations shared hosting accounts run for a period of 12 months and are payable in advance of service by 1 payment. This payment is non-refundable should the client wish to cancel the hosting agreement or transfer their website to a different provider;
• All pricing is guaranteed for the term of the payment regardless of any price changes for new accounts. However, upon renewal, the new level of pricing will apply;
• To renew a yearly account payment must be made before the start of the next account year;
• Invoices for renewal of all services will usually be sent out between 4 and 8 weeks before payment is due;
• If the renewal is not paid before service is due then the account will initially be suspended and if payment is not received then the account will be deleted from our servers;
• We reserve the right to review included features and/or disable features for security reasons.

Virtual Private Hosting

• At least 30 days notice of price changes shall be provided to the client;
• Pricing is guaranteed for a period of 12 months regardless of any price changes for new accounts;
• Payment for VPS hosting is by Direct Debit or Standing Order unless otherwise agreed;
• Service charges are due in advance of service on a monthly calendar basis;
• Emerging Innovations offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Emerging Innovations may find a customer to be using server resources to such an extent that he or she may jeopardize service performance and resources for other customers. In such instances, at Emerging Innovations's discretion, Emerging Innovations reserves the right to impose a limit on bandwidth for the consideration of all customers;
• If the monthly charge is not paid then the account will initially be suspended and if payment is not received then the account will be deleted from our servers;
• If the resources of your VPS (defined as bandwidth, processor utilization or disk space) are abnormally high, Emerging Innovations reserves the right to suspend that service immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our services. Customers may be offered an option whereby Emerging Innovations continues supplying the service under a reduced usage criteria specified by Emerging Innovations. Failure to comply with such measures may result in your service being terminated.
• Any non-payment of a recurring invoice may be subject to a £20 administration charge;
• At Emerging Innovations we aim to deliver the highest possible levels of up-time. If our internet connectivity fails to meet the 99.9% up-time guarantee for your server, then you'll be eligible to claim a refund of one day's service fee for every hour that your server is unavailable. Contact us via the support website should you require any additional information.
• Please note: 99.9% uptime guarantee does not include scheduled maintenance - normally conducted outside of working hours.
• If we can't fulfil this service level agreement, any compensation will be limited to the total fees that you have prepaid, excluding setup fees;
• Emerging Innovations will refund no more than your monthly service fee.