Terms & Conditions and Acceptable Use Policy

Terminology Use in these Terms & Conditions

For the purpose of these terms & conditions the following terminology applies:-
TempoWeb Ltd (the “Supplier”): Offers to supply the products and/services you are purchasing
the “Specification”: Supply of products and/services you are purchasing
the "Due Date": If you are paying monthly, the date your monthly installment is due to be collected
via your credit/debit card.
You are referred to as the "Customer ".

Terms and Conditions Applicable To Hosting Services

• If payment for any invoice or monthly payment is not received by the Due Date the Supplier will consider any working arrangements to be at an end, the Customer will forfeit the right to pay in installments, all monies owed must then be paid within seven days and the Supplier will reserve the right to deactivate and remove the Customer’s web site from the Suppliers’ web space
• The Supplier will charge interest on any sums outstanding at the Due Date at 3% above the base rate of HSBC bank in force from time to time.
• The customer accepts that the Supplier will not be liable for any loss or expense of any kind arising directly or indirectly from any data stored on the Customer’s web site, the Customer’s email account/mail box or any of the customers emails being lost, corrupted or hacked nor any loss or expense of any kind arising directly or indirectly from their web site not being available to the Internet or World Wide Web.
• The Supplier reserves the right to cancel immediately if it believes that the Customer maintains an operation which is, or is connected with, an illegal arrangement, adult content or gambling and the Supplier may from time to time make changes in the Specification of its web sites and the Customer’s web site which are required to comply with any requirement of law provided they do not materially affect either their quality or their fitness for purpose.
• The Supplier will not be liable for any failure to perform its obligations which arises as a result of any strike, industrial action, or any act of God, fire, flood, tempest, war, armed insurrection or other events beyond its reasonable control.
• The Supplier at present has no bandwidth usage charges or policy, however, the Supplier does reserve the right to implement these in the future at any time.
• If the Supplier registers a domain name free of charge for a period of one or two years as part of a promotional hosting package and the Customer, for what reason, cancels their hosting account with the first 12 months. Then the Customer will be liable for a £25 charge in addition the market price charged by the Supplied for that domain name at the time of the cancellation of the Customer's hosting account.
• Payment for MySQL & MS SQL Server accounts will be required prior to an account being set up on these systems and is non refundable.
• You be required to complete and sign an Online Order Confirmation form if you have ordered your hosting account and intend to pay for it online. Until this form is completed and returned the Supplier will reserve the right not to activate the Customer’s account/s and/or failure to do this within 5 days and the Supplier will reserve the right to deactivate and remove the Customer’s account/s from the Suppliers’ servers and any monies paid will be non refundable.
• The Customer accepts and agrees to our Acceptable Use Policy

Terms and Conditions Applicable To TempoWeb Products

• If payment for any invoice or monthly payment is not received by the Due Date the Supplier will consider any working arrangements to be at an end, the Customer will forfeit the right to pay in installments, all monies owed must then be paid within seven days and the Supplier will reserve the right to deactivate and remove the Customer’s web site from the Suppliers’ web space
• The Supplier will charge interest on any sums outstanding at the Due Date at 3% above the base rate of HSBC bank in force from time to time.
• All programming and source code carried out by the Supplier is designed to run on Designated Servers only.  The Supplier will not be responsible for installing or rectifying faults on any server other than the Designated Servers.  The Designated Servers are those set out below:-
• The customer accepts that the Supplier will not be liable for any loss or expense of any kind arising directly or indirectly from any data stored on the Customer’s web site, the Customer’s email account/mail box or any of the customers emails being lost, corrupted or hacked nor any loss or expense of any kind arising directly or indirectly from their web site not being available to the Internet or World Wide Web.
• The Supplier reserves the right to cancel immediately if it believes that the Customer maintains an operation which is, or is connected with, an illegal arrangement, adult content or gambling and the Supplier may from time to time make changes in the Specification of its web sites and the Customer’s web site which are required to comply with any requirement of law provided they do not materially affect either their quality or their fitness for purpose.
• Where the Customer has provided designs or specification to the Supplier the Customer warrants that the Supplier’s use for the purposes of the Specification will not constitute any infringement of any third party rights.
• The Supplier will not be liable for any failure to perform its obligations which arises as a result of any strike, industrial action, or any act of God, fire, flood, tempest, war, armed insurrection or other events beyond its reasonable control.
• Unless a specific delivery date has previously been agreed in writing.  The date for completion of the Specification is an estimate.  The Customer will not reject, and the Supplier will not be liable to the Customer for any loss (direct or indirect) due to, provision of the Specification after the estimated date for completion. 
• You will be required to sign and complete an agreement if you are ordering either an account before you account can be activated and in addition you be required to complete and sign an Online Order Confirmation form if you have ordered your TempoWeb account and intend to pay for it online. Until this form is completed and returned the Supplier will reserve the right not to activate the Customer’s account/s and/or failure to do this within 5 days and the Supplier will reserve the right to deactivate and remove the Customer’s account/s from the Suppliers’ servers and any monies paid will be non refundable.
• Refunds will only be given at the Supplier's discretion and refund amounts (if any) will be the amount paid by the Customer minus any costs incurred by the Supplier (including prevailing labour rates) in setting up and operating their account.
• If the Customer's TempoWeb account exceeds agreed monthly threshold limits for orders and database data the Customer will be liable to pay the additional fee for the correct threshold limits within 14 days. Failure to make these additional payments and the Supplier will reserve the right to deactivate and remove the Customer’s account and any monies paid will be non refundable.

Terms and Conditions Applicable To Web Marketing

• The customer accepts that the Supplier will not be liable for any loss or expense of any kind arising directly or indirectly from any data stored on the Customer’s web site, the Customer’s email account/mail box or any of the customers emails being lost, corrupted or hacked nor any loss or expense of any kind arising directly or indirectly from their web site not being available to the Internet or World Wide Web.
• The Supplier reserves the right to cancel immediately if it believes that the Customer maintains an operation which is, or is connected with, an illegal arrangement, adult content or gambling and the Supplier may from time to time make changes in the Specification of its web sites and the Customer’s web site which are required to comply with any requirement of law provided they do not materially affect either their quality or their fitness for purpose.
• The Supplier will not be liable for any failure to perform its obligations which arises as a result of any strike, industrial action, or any act of God, fire, flood, tempest, war, armed insurrection or other events beyond its reasonable control.
• Customer accepts that the listing and ranking of their web site is at the discretion of third party Internet search engine companies.  The Supplier will not be liable for any loss arising directly or indirectly from not being listed at all, a low ranking and/or a excessive time delay in being listed by individual Internet search engines or for any other loss arising therefrom.

Acceptable Use Policy For Hosting Accounts

• The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.
• Our acceptable use policy is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.
• Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses.
• Illegality
  In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material.
• Undesirable Content
  Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.
• Bulk Email
  The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden.
• Misuse Of Resources
  Including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum.
• If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.