Updated 10 December 2024
This article sets out the legal terms and conditions (hereafter "Terms of Service") under which Wynchcote Limited (hereafter "Company") supplies Services to Customers.
Please note that by ordering any of our Company's Services you the Customer agree to be bound by these Terms of Service, each section of which is to be be read in conjunction with every other section, and to be bound by the Company's:
Privacy Policy, and
and by any other documents expressly referred to in these Terms of Service.
No variation to these Terms of Service will be binding on the Company unless set out in writing and accepted by an authorised representative of the Company.
Please read these Terms of Service carefully and make sure you understand them before ordering any Services from the Company.
Select All Pages from the List of Contents displayed on this page to view and print a full copy of the Company's Terms of Service.
Are you below the age of 18?
Our Company does not knowingly invite or permit any person under the age of eighteen (18) to subscribe to its Services.
See 'Standard Terms Clause 10' of these Terms of Service.
Are you ordering from outside the United Kingdom (UK)?
If you plan to order from outside the United Kingdom (UK) then please refer to 'Standard Terms Clause 11' of these Terms of Service before placing your order.
(A) Standard Terms
Updated 27 November 2024
Please note that by ordering any of our Company's Services you the Customer agree to be bound by the Company's Terms of Service, each section of which is to be be read in conjunction with every other section, and by any other documents expressly referred to in these Terms of Service.
Select All Pages from the List of Contents displayed on this page to view and print a full copy of the Company's Terms of Service.
1. "Words" with special meaning (general definitions)
1.1 Wherever they occur in these Terms of Service the following "words" have the same special meaning:
“Company” means Wynchcote Limited;
"Compromised" means hacked cracked lost damaged altered destroyed disclosed or compromised in any other way;
“Contract” means contract between the Company and the Customer;
“Contract Price” means price charged for the supply of Services in accordance with the Contract;
“Customer” means any person firm company or other party with whom the Company enters into a Contract whether directly or indirectly;
“Intellectual Property Rights” means any and all existing and future intellectual property rights whether capable of registration or not and whether registered or not including (without limitation) trademarks, trade names, patent rights, design rights, copyright, moral rights and know-how and (without limitation to the aforesaid) all intellectual property rights in all software, inventions, discoveries, developments, designs, processes, methodologies, concepts or techniques belonging to or developed by the Company or which the Company is authorised to use;
"Joomla! CMS" means one installation of the Joomla!® Content Management System;
"Material" means text graphic html javascript metadata image audio video and/or any other type of media;
“Order Confirmation” means written confirmation by the Company (for example, invoice, job sheet, service level agreement) of the Services to be provided by the Company to the Customer;
“Services” means products and services provided by the Company to the Customer in accordance with these Terms of Service;
"Template" means any one Joomla! CMS template designed and supplied by the Company;
"Third Party Application" means any one Joomla! CMS extension component package plugin module template language library or application not included with the core Joomla! CMS and not designed by the Company;
"Website" means any one Joomla! CMS as configured by the Company with or without the addition of any one Template and/or Third Party Application as configured by the Company.
1.2 The Company reserves the right to modify these Terms of Service at any time and without notice at its sole discretion.
1.3 These Terms of Service supersede all earlier sets of terms of service and apply to every contract made between the Company and the Customer for the sale or supply of Services.
1.4 In the event of a conflict between the Standard Terms and any other terms set out in these Terms of Service then the Standard Terms of Service shall prevail.
1.5 These Terms of Service take precedence over and exclude any terms and conditions which the Customer may introduce.
1.6 Should a conflict between these Terms of Service and any terms set out in the Order Confirmation arise then the Order Confirmation shall prevail.
1.7 These Terms of Service shall not create nor be deemed to create any partnership joint venture or agency relationship between the parties.
2. Contract
2.1 A Contract will be created when the Customer accepts the Company's Order Confirmation or when the Company commences performance of the Services.
2.2 The Company will supply the Services in accordance with the Contract.
2.3 Any prices quoted by the Company in advance of the Order Confirmation shall be an estimate only and shall not constitute an offer to the Customer capable of being accepted.
2.4 Failure or neglect by the Company to enforce at any time any of the provisions of the Contract shall not be construed nor shall be deemed to be a waiver of the Company’s rights hereunder.
2.5 If any provision of the Contract is held by a competent court to be invalid or unenforceable in whole or in part the validity of the other provisions and the remainder of the provision in question shall not be effected and shall remain valid and enforceable.
2.6 The Contract shall constitute the whole contract between the parties and no previous negotiations, quotations, correspondence or other communication prior to the date of the issue of the Order Confirmation shall form part of the Contract.
2.7 The Company shall not be liable for any delay in performing any obligations under the Contract if such delay is due to circumstances beyond its reasonable control and the Company shall be entitled (subject to giving the Customer full particulars of the circumstances and to using its reasonable endeavours to resume full performance without avoidable delay) to a reasonable extension of time for the performance of such obligations.
2.8 The contract will be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
3. The Services
3.1 Time for the provision of the Services by the Company shall not be of the essence and whilst the Company will use reasonable endeavours to achieve the agreed dates for the provision of the Services, the Company will not be liable for failure to achieve those dates.
3.2 The provision of the Services by the Company may lead to a loss of business operating time or other interruption to service for the Customer or any relevant third party. The Customer acknowledges that such problems cannot be identified by the Company until it has commenced the Services and therefore the Contract Price (or such proportion of the Contract Price as the Company may at its absolute discretion determine) shall still be payable in full by the Customer and the Company shall not be liable to the Customer for any loss suffered by the Customer or any third party in the event of such problems (or similar problems) arising.
3.3 Should further work become necessary or should the required Services be found to be of a substantially different nature to that initially expected, the Company reserves the right to amend the Contract Price and/or charge additional fees in accordance with 'Standard Terms Clause 4.3'.
3.4 The Company reserves the right to change the dates for the provision of the Services provided that prior notification is given to the Customer.
3.5 Where the Services are to be provided (in full or in part) at the premises of the Customer or a third party, the Customer undertakes to ensure that:
3.5.1 the Company’s representatives have unrestricted and safe access to the relevant premises and working space, and
3.5.2 all relevant security and health and safety rules and procedures are brought to the attention of the Company’s representatives attending the relevant premises.
3.6 Where the Services are to be provided (in full or in part) at the premises of the Customer or a third party, the Customer acknowledges that, when calculating the Contract Price, the Company has assumed that it will have access to such premises without delay or restriction. If as a result of any delay or restriction on the access to such premises, the Company incurs additional expense in providing the Services, the Company shall be entitled to increase the Contract Price in accordance with 'Standard Terms Clause 4.3'. If the Services cannot be completed as result of access to the premises being restricted or denied, the Contract Price (or such proportion of the Contract price as the Company may at its absolute discretion determine) shall still be payable by the Customer.
3.7 If the Customer does not permit the Company to provide the Services or fails to take all steps within its power to facilitate the provision of the Services, the Company shall be entitled to increase the Contract Price in accordance with 'Standard Terms Clause 4.3' and if the Customer fails (after receipt of a written notice requiring it to do so) to permit the Company to perform the Services, the Company shall be entitled to render an invoice as if the Services had been duly completed. Payment shall become due as if the Services had been completed.
3.8 If the work is to be funded by a third party grant provider (hereafter “Grant Provider”), the Customer must provide a copy of the relevant authority from the Grant Provider before provision by the Company of the Services. For the avoidance of doubt, the Contract is between the Company and the Customer and the Customer is responsible for payment of all fees payable under the Contract by the relevant due dates and non-payment by the Grant Provider to the Customer will not justify any delay in the payment of the fees to the Company.
3.9 The Customer will indemnify the Company against:
3.9.1 any liability which it may have to any of its representatives who are engaged in providing the Services as a result of the negligence of the Customer, its staff or agents and/or as a result of the Customer’s breach of contract, and
3.9.2 (without prejudice to the generality of the foregoing) any loss or damage which the Company might suffer as a result of the Customer’s breach of 'Standard Terms Clause 3'.
4. Prices, Charges and Payments
4.1 Unless otherwise stated all fees charged by the Company are not subject to VAT and all estimates are given exclusive of VAT.
4.2 The Customer shall reimburse the Company for all reasonably incurred travel, accommodation and other expenses relating to the provision of the Services. Travel expenses may be waived by the Company in respect of travel incurred by the Company's representatives to and from Customer premises at the sole discretion of the Company.
4.3 The Company reserves the right to increase the Contract Price to reflect any additional costs or expenses incurred or additional services provided by the Company and in the event that the Customer does not permit the Company to commence or provide the Services (or fails to take all steps within its power to facilitate the performance of the Services);
4.4 Any increase in the Contract Price pursuant to 'Standard Terms Clause 4.3' shall be notified by the Company to the Customer in writing and the amount of the increase shall be invoiced to the Customer once the additional costs or expenses giving rise to the increase have been incurred by the Company or the additional Services provided.
4.5 All sums due to the Company from the Customer under the Contract shall be paid without any set-off or counterclaim.
4.6 Unless otherwise stated in the Terms of Service or the Order Confirmation or the Company's invoice, the Contract Price shall be payable by the Customer twenty-eight (28) days from the date of the Company’s invoice (hereafter “Due Date”). Time is of the essence.
4.7 If payment remains outstanding after the Due Date then the Company may:
4.7.1 suspend all Services in respect of this Contract or any other contract between the Company and the Customer;
4.7.2 charge the Customer interest on outstanding sums at the rate of eight per cent (8%) per annum above the base lending rate pursuant to the Late Payment of Commercial Debts Act from the Due Date until payment in full is received in cleared funds;
4.7.3 charge the Customer for all costs and expenses incurred by the Company as a result of the Customer’s non-payment and in collecting the outstanding amount due;
4.7.4 terminate the Contract in whole or in part and seek to recover damages for breach of contract.
4.8 All Services remain the property of the Company until paid for in full.
4.9 If the Customer requires any alteration to the Services after the Company has supplied the Order Confirmation then the Company may increase the Contract Price accordingly.
4.10 The Company undertakes to accept payment for Services by electronic Bank Transfer or by Cheque. If the Company at its sole discretion agrees to accept payment for Services by any other form of payment then the Customer agrees to indemnify the Company for all resulting fees incurred by the Company.
4.11 Should the Customer become insolvent, be unable to pay its debts as they fall due, (being an individual or partnership) commit any act of bankruptcy, or (being a company) go into liquidation, have a receiver appointed or make any voluntary arrangement with its creditors or suffer any similar action to be taken then if the Services:
4.11.1 have been completed but not paid for the Contract Price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary;
4.11.2 have not been completed the Company shall have the right to determine the Contract and suspend the provision of any further Services and recover from the Customer an appropriate proportion of the Contract Price to reflect the Services provided and all costs incurred by the Company in connection with the Contract.
5. Cancellation / Postponement
5.1 The Customer may not cancel or postpone any Contract except with the written agreement of the Company and on terms that the Customer shall:
5.1.1 pay for all unpaid work to date,
5.1.2 pay such cancellation or postponement fee as the Company may at its discretion consider reasonable, and
5.1.3 indemnify the Company in full against all loss (including loss of profit), costs (including cost of all time and materials purchased or used), damages, charges and expenses incurred by the Company as a result of such cancellation or postponement.
6. Warranties
6.1 Save as expressly provided in the Contract all warranties conditions or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law. By accepting the Order Confirmation and/or requesting commencement of the Services by the Company the Customer accepts the Company's Terms of Service in lieu of all implied terms conditions and warranties.
6.2 The Company warrants that the Services shall be provided with all reasonable care and skill.
6.3 The Company shall be under no liability under the warranty in 'Standard Terms Clause 6.2' (or any other warranty, condition or guarantee) if the Contract Price has not been paid in accordance with the payment terms set out in 'Standard Terms Clause 4'.
6.4 Any claim for breach of warranty must be notified to the Company within fourteen (14) days of discovery of the relevant fault or defect by the Customer.
6.5 The benefit of the warranty contained in 'Standard Terms Clause 6.2' shall ensue only for the benefit of the Customer and shall not be assigned, transferred or otherwise dealt with.
7. Liabilities
7.1 Nothing in this Agreement shall exclude or limit the liability of the Company for death or personal injury caused by the negligence of the Company or any representative of the Company.
7.2 The Company shall not be liable to the Customer (or any party represented by the Customer) in contract, tort (including negligence), breach of statutory duty or otherwise for any indirect loss or consequential loss or damage (including (without limitation) loss of profit, loss of revenue, loss of goodwill, loss of business opportunity and loss of contracts).
7.3 Whilst the Company shall comply with its obligations under 'Standard Terms Clause 6.2' the Company cannot guarantee the accuracy of the information, reports and advice (hereafter “Data”) which it provides in the course of the Services and accordingly the Company cannot accept any liability to the Customer (or any party represented by the Customer) should the Data prove to be inaccurate in any respect.
7.4 Save as provided in 'Standard Terms Clause 7.1', in no circumstances shall the Company’s liability to the Customer exceed the amount paid by the Customer in respect of the Services.
7.5 Further and without prejudice to the foregoing the Company shall in no circumstances be liable for any loss or damage covered by insurance or which would normally be covered by insurance or for any loss or damage in excess of the Contract Price paid for the Services and the above limitations shall apply even in the case of a fundamental breach of a fundamental term or repudiation by the Company and even if further performance of the Contract is frustrated.
7.6 The Customer acknowledges that it does not rely on, and waives any claim for, breach of any representations or warranties which have not been confirmed in writing and that advice given by the Company regarding the Services which is not confirmed in writing is followed entirely at the Customer’s own risk.
7.7 The Company shall have no liability to the Customer or any third parties for any failure to carry out Services for reasons beyond it's control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
7.8 Where the Customer purchases any product or service from a Third Party seller through following a link on the Company's website to such Third Party's website, the Third Party seller's individual liability will be set out in the Third Party seller's terms and conditions. The Customer should consult such terms and conditions.
8. Intellectual Property Rights
8.1 Nothing in this Contract shall be construed as assigning to the Customer or granting the Customer any interest in any Intellectual Property Rights in the Services and the Customer shall not at any time in any way question or dispute the ownership by the Company or any other party of the Intellectual Property Rights.
8.2 The Intellectual Property Rights in any material produced in the conduct of the Services are the exclusive property of the Company and the Customer shall not acquire any right, title or interest in such Intellectual Property Rights.
8.3 Any Intellectual Property Rights which are created or contributed to by the Company in the course of providing the Services belong to the Company and the Customer acknowledges that it shall have no right or interest in such Intellectual Property Rights and the Customer shall not be entitled to use it in any other form or in any other media without the Company’s prior written consent.
8.4 Without prejudice to the general rights of the Company under this 'Standard Terms Clause 8', any software used or written by the Company during the provision of the Services shall be and shall remain the absolute property of the Company.
8.5 The Company shall retain copyright in all documentation, reports and other material which the Company creates. The Customer will not acquire any intellectual property rights in that publication or material and the Customer will not be entitled to use it in any other form or in any other media without the Company’s prior written consent.
8.6 It is acknowledged by the Customer that there is no warranty either express or implied on the part of the Company that the Customer can make use of the Services free from any infringement of the intellectual property rights of third parties.
9. Notices
9.1 Any notice required to be given under the Contract shall be delivered by hand or prepaid first class recorded delivery post to the address of the relevant party set out in the Order Confirmation. A notice delivered by hand shall be deemed served at the time of delivery and a notice served by pre-paid first class recorded delivery post will be deemed served on the second working day following the date of posting (provided that Saturday, Sunday and English Bank Holidays shall not be working days).
10. Age of Majority
10.1 The Customer or the individual who Contract with the Company on behalf of the Customer hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into Contract with the Company, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of the Contract.
10.2 The Customer hereby represent and warrant that the Customer or the individual who Contract with the Company on behalf of the Customer is eighteen (18) years of age or older.
10.3 The Customer agrees to supply the Company with a current and truthful full name, email address, postal address, and telephone number. The Customer agrees to keep this information current and to inform the Company whenever any of this information changes.
11. Geographic Location
11.1 The Company restricts its offer of Services to residents of the United Kingdom (UK).
11.2 The Company will at its sole discretion not accept any order placed from an IP address located outside the United Kingdom (UK).
11.3 When an order is received from an IP address located outside the United Kingdom (UK) the Company will at its sole discretion without notice cancel the order, cancel any resulting invoice and close any resulting account.
12. Law and Jurisdiction
12.1 These Terms of Service are governed by and shall be construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
(B) Web Hosting Services
Updated 27 November 2024
This section sets out the legal terms and conditions under which the Company supplies Web Hosting Services to Customers.
Please note that by ordering any of our Company's Services you the Customer agree to be bound by the Company's Terms of Service, each section of which is to be be read in conjunction with every other section, and by any other documents expressly referred to in these Terms of Service.
Select All Pages from the List of Contents displayed on this page to view and print a full copy of the Company's Terms of Service.
1. Web Hosting Services Account
1.1 When the Customer accepts the Company's offer of a Shared Server Hosting Account on a Cloud Platform in the UK (hereafter "Web Hosting Services Account") the Company will create a hosting account for the Customer using the services of hosting provider Krystal Hosting Ltd (hereafter "Hosting Provider").
1.2 The Customer agrees to be bound by the Hosting Provider's Terms & Conditions at https://krystal.io/legal, including but not limited to those which relate to Content Standards (see 'Web Hosting Services Terms Clause 4'), resource usage limitations, fair use of shared resources and data warehousing.
1.3 The Customer authorises the Company to share the Customer's Personal Data with the Hosting Provider for the purpose of administering the Customer's Web Hosting Services Account.
1.4 The Customer agrees to provide the Company with an email address which is not at the domain name(s) used by any one Web Hosting Services Account and which is current and up to date at all times.
2. Web Hosting Services
2.1 "Web Hosting Services" provided by the Hosting Provider comprise:
2.1.1 fixed amount of SSD Disk Space (hereafter "Disk Space") as specified in the Company's invoice for Web Hosting Services;
2.1.2 unlimited Bandwidth, Emails, Databases, Subdomains and Email Aliases;
2.1.3 cPanel Hosting Control Panel;
2.1.4 Let's Encrypt SSL Certificate;
2.1.5 Litespeed Web Server;
2.1.6 Uptime Guarantee of ninety-nine point nine nine (99.99) per cent.
2.2 Notwithstanding 'Web Hosting Services Terms Clause 2.1' the Company limits:
2.2.1 Bandwidth used by any one Web Hosting Services Account to a maximum of five (5) per cent of available processing capacity;
2.2.2 Emails stored in any one Web Hosting Services Account to the available amount of Disk Space.
2.3 Notwithstanding 'Web Hosting Services Terms Clause 2.1' the Company does not offer or provide service credits for any form of downtime or service unavailability if Uptime falls below ninety-nine point nine nine (99.99) per cent.
3. Access to Web Hosting Services
3.1 The Customer is responsible for:
3.1.1 making all arrangements necessary for the Customer to have access to the Company's Web Hosting Services, and
3.1.2 ensuring that all persons who access the Company's Web Hosting Services are aware of these terms and conditions and that they comply with them.
3.2 The Company undertakes to correspond with ONE named individual in respect of all matters arising from and relating to any one Web Hosting Services Account held by the Customer.
3.3 If the Customer is not an individual then the Customer is invited to nominate ONE named individual (hereafter "Agent") who will correspond with the Company on behalf of the Customer in respect of all matters arising from and relating to any one Web Hosting Services Account.
3.4 The Company may at its sole discretion make an Administration Charge each time the Customer changes the name of their agent during any one Web Hosting Services Account holding period.
3.5 The Customer represents and warrants that the Customer or their Agent is proficient in how to use a computer device, use a web browser and use an email client before contacting the Company for assistance with matters arising from and relating to the Customer's Web Hosting Services Account.
4. Content Standards
4.1 Any and all Material the Customer uploads (or permits to be uploaded) to the Customer's Web Hosting Services Account must:
4.1.1 be accurate (where they state facts);
4.1.2 be genuinely held (where they state opinions);
4.1.3 comply with applicable law in England and Wales and in any country from which they are posted.
4.2 Any and all Material the Customer uploads (or permits to be uploaded) to the Customer's Web Hosting Services Account must:
4.2.1 not be defamatory of any person;
4.2.2 not be obscene, offensive, hateful or inflammatory;
4.2.3 not be pornographic or content perceived to be pornographic or links to pornographic content;
4.2.4 not be child pornography or content perceived to be child pornography or links to child pornography;
4.2.5 not promote violence;
4.2.6 not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4.2.7 not infringe any copyright, database right or trade mark of any other person, including but not limited to unauthorized copying of music, books, photographs, or any other copyrighted work;
4.2.8 not be likely to deceive any person;
4.2.9 not be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
4.2.10 not promote any illegal activity;
4.2.11 not be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
4.2.12 not be likely to harass, upset, embarrass, alarm or annoy any other person;
4.2.13 not be used to impersonate any person, or to misrepresent identity or affiliation with any person;
4.2.14 not give the impression that they emanate from the Company, if this is not the case;
4.2.15 not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
4.3 If the Customer uses the Company's Web Hosting Services to provide interactive services, such as (by way of example only) chat room, web forum, comment system and/or bulletin board (hereafter "interactive services") then the Company will immediately suspend the Customer's Web Hosting Services Account pending termination of Web Hosting Services (see 'Web Hosting Services Terms Clause 11').
5. Payment Information
5.1 The Customer agrees to supply appropriate payment for the Company's Web Hosting Services in advance of the time period during which Web Hosting Services are provided.
5.2 The Customer agrees that until and unless the Customer notifies the Company of the Customer's desire to cancel any or all Web Hosting Services received then those Web Hosting Services will be invoiced on a recurring basis.
5.3 The Customer is responsible for ensuring that the Customer's contact details are up to date and that all invoices for Web Hosting Services are paid on time. In the event that the Customer does not pay an invoice for Web Hosting Services by the "Due Date" (see 'Standard Terms Clause 4.6') the Company will suspend the Web Hosting Services until the invoice has been paid in full. Time is of the essence.
5.4 In the event that the Customer does not pay an invoice for Web Hosting Services within twenty-eight (28) days after the "Due Date" the Company will terminate the Web Hosting Services. Any data the Company hold or host in relation to the terminated Web Hosting Services will be immediately and permanently deleted from the Company's system. Time is of the essence.
5.5 The Company reserves the right to change prices at any time.
6. Backup and Loss of Material
6.1 The Customer accepts full responsibility for taking all necessary measures to:
6.1.1 maintain appropriate and up-to-date back-up copies of Material;
6.1.2 protect Material from being Compromised;
6.1.3 restore Material to the same condition that it was in prior to being Compromised.
6.2 The Company will disable Material when the Company is made aware that Material has or may have been Compromised.
6.3 The Customer accepts that in the event of Material being Compromised then the Company does not guarantee access by the Customer to any one backup archive the Company maintains pursuant to its archiving procedures.
6.4 The Customer agrees not to hold the Company responsible or liable for any Compromised Material whether caused by the Customer or any one third party.
7. Transfers
7.1 The Company may upon request help the Customer transfer their website to a server run by the Company's Hosting Provider.
7.2 No guarantee is made by the Company of the availability of this service or the amount of time it may take to transfer the Customer's website.
7.3 Due to the unpredictable nature of the nameserver change process, no guarantee is made by the Company regarding:
7.3.1 the amount of time it may take to make a specific nameserver change;
7.3.2 the outcome, successful or otherwise, of an attempted change of nameservers.
8. Cancellation
8.1 Any Customer request for cancellation of any one Web Hosting Services Account must be notified to the Company in writing. The Company will respond to the Customer in writing in order to request confirmation of the cancellation request. The Customer must confirm the cancellation request in writing or the cancellation will be ineffective. Upon receipt by the Company of the Customer's written confirmation the Web Hosting Services Account will be cancelled.
8.2 If the Customer cancels any one Web Hosting Services Account then any data the Company hold or host in relation to the cancelled Web Hosting Services Account will be immediately and permanently deleted from the Company's system. Accordingly, the Customer is strongly advised to make appropriate copies of such data before they cancel any one Web Hosting Services Account.
8.3 The Company reserves the right to cancel any one Web Hosting Services Account at any time with or without notice.
9. Network IP Address Ownership
9.1 The Customer will have no right, title or interest in any internet protocol address (hereafter "IP address") allocated to them, and any IP address allocated to the Customer is allocated as part of the Company's Web Hosting Services and is not portable or otherwise transferable by the Customer in any manner whatsoever.
9.2 The Company shall maintain and control ownership of all IP addresses that may be assigned to the Customer by the Company. The Company reserves the right to change or remove all IP addresses at its absolute discretion, at any time. If an IP address is re-numbered or re-allocated by the Company, the Company shall use its reasonable endeavours to avoid any disruption to the Customer.
9.3 The Customer agrees that they shall have no right, title or interest to any IP address upon expiry or termination of the Company's Web Hosting Services, and that the acquisition by the Customer of a new IP address following expiry or termination of the Company's Web Hosting Services shall be solely the Customer's responsibility.
10. Indemnity
10.1 The Company does not monitor and will not have any liability for the Customer's Material or any other communication the Customer transmits, or allows to be transmitted, by virtue of the Company's Web Hosting Services.
10.2 Notwithstanding 'Standard Terms Clause 3' the Customer will indemnify the Company in full against all loss (including loss of profit), costs (including cost of all time and materials purchased or used), damages, charges and expenses incurred by the Company as a result of any infringement of copyright relating to Material used as part of any one website hosted by the Company on behalf of the Customer.
11. Suspension and Termination
11.1 The Company will be the sole and final arbiter as to what constitutes a breach by the Customer of the Company's Web Hosting Services terms and conditions.
11.2 In the event of any breach by the Customer of the Company's Web Hosting Services terms and conditions the Company reserves the right to take all or any of the following actions:
11.2.1 immediate, temporary or permanent withdrawal by the Company of the Customer's right to use the Company's Web Hosting Services;
11.2.2 immediate, temporary or permanent removal by the Company of any Material uploaded to the Customer's Web Hosting Services Account;
11.2.3 issue by the Company of a warning to the Customer;
11.2.4 issue by the Company of legal proceedings against the Customer for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
11.2.5 further legal action by the Company against the Customer;
11.2.6 disclosure by the Company to law enforcement authorities of any information that the Company deems appropriate.
11.3 The Company excludes liability for actions taken by the Company in response to breaches by the Customer of the Company's Web Hosting Services terms and conditions. The responses described in these Terms of Service are not limited, and the Company may take any other action it reasonably deems appropriate.
11.4 All correspondence between the Customer and the Company regarding abuse issues must be in writing. Failure by the Customer to respond within forty-eight (48) hours to written communication by email from the Company regarding abuse issues will result in the suspension or termination of Web Hosting Services. Time is of the essence.
12. Disclosure to Law Enforcement
12.1 The Terms of Service specifically prohibit the use of the Company's services for illegal activities. The Customer agrees that the Company may disclose any and all customer information (including assigned IP address, account history and/or account use) to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the Customer.
12.2 The Company is required by law to notify the Police if it becomes aware of the presence of child pornography on, or being transmitted through the Company's systems.
(C) Domain Name Services
Updated 27 November 2024
This section sets out the legal terms and conditions under which the Company supplies Domain Name Services to Customers.
Please note that by ordering any of our Company's Services you the Customer agree to be bound by the Company's Terms of Service, each section of which is to be be read in conjunction with every other section, and by any other documents expressly referred to in these Terms of Service.
Select All Pages from the List of Contents displayed on this page to view and print a full copy of the Company's Terms of Service.
1. Domain Name Registration Maintenance Transfer and Renewal
1.1 The Customer's use of the Company's Domain Name Services is regulated by ICANN (Internet Corporation for Assigned Names and Numbers) and applicable laws.
1.2 When the Customer accepts the Company's offer to register maintain transfer or renew any one domain name the Customer:
1.2.1 acknowledges that the domain name will be subject to the rules and policies of the relevant domain registry and agrees to abide by all such rules and policies;
1.2.2 acknowledges that the registration maintenance transfer or renewal of the domain name will also be subject to the terms and conditions and privacy policy of the domain registrar engaged by the Company on behalf of the Customer (hereafter "Domain Registrar").
1.3 The Domain Registrar engaged by the Company to register maintain transfer or renew:
1.3.1 UK domain names is Krystal Hosting Ltd, terms and conditions and privacy policy can be viewed at: https://krystal.io/legal;
1.3.2 non-UK domain names is Netistrar Limited, terms and conditions and privacy policy can be viewed at: https://netistrar.com/terms/
1.4 The Company may change the Domain Registrar engaged to register maintain transfer or renew any one domain name at its sole discretion and without notice.
1.5 The Customer authorises the Company to share the Customer's Personal Data with the Domain Registrar for the purpose of domain registration maintenance transfer and renewal.
1.6 The Customer guarantees that the information they provide the Company for the purpose of domain name registration maintenance transfer or renewal by the Company on their behalf is complete and accurate.
1.7 The Customer guarantees that registration maintenance transfer or renewal of any one domain name by the Company on their behalf:
1.7.1 does not infringe or violate the rights of any one third party;
1.7.2 is not for unlawful purposes;
1.7.3 will not violate any applicable laws or regulations including relevant domain name registry terms and conditions.
2. Additional Terms
2.1 The Customer is solely liable to immediately inform the Company of any domain name expiration, late renewal, registration, maintenance or management issues. The Company shall not be liable for any loss or damage resulting from any kind of domain name issues (including but not limited to undue domain expiration, late domain name renewal, registration, maintenance or management issues) that were not immediately reported in writing to the Company by the Customer.
2.2 The Company will act in good faith to investigate and resolve reported domain name issues (including but not limited to undue domain expiration, late domain name renewal, registration, maintenance or management issues) in the time frame expected by the Customer and to achieve the results required by the Customer. However, The Company has no liability or obligation to achieve any particular outcome or result or resolve domain name issues by any deadline. The Company shall have no liability or responsibility for any damage, loss of data, loss of use or any other loss or damage occurring in connection with any domain name issue. The Company provides support in the best interest of the Customer but cannot and does not guarantee the successful outcome or result of any one operation.
2.3 Each domain name ordered by the Customer is registered by the Company on behalf of the Customer and the Customer's personal details are used for its registration.
2.4 The Customer can transfer the domain name registered by the Company to another domain name registrar at any time.
2.5 The Customer shall be solely liable for making any changes in the DNS settings of any one domain name and any consequences following thereof. In the event that the Customer requests that the Company change the DNS settings of any one domain name then the Customer will indemnify the Company for any liability for such actions and any consequences that might follow thereof.
2.6 The Customer agrees that when the Domain Name Services fees associated with any one domain name are reversed or refunded by the Company then the domain name shall become the property of the Company and the Customer lose any rights over the domain name and any services associated with it. The Customer may regain property of the domain name if the Customer pays in full all outstanding fees for the domain name and the services associated with it.
2.7 The Company shall not be liable in the event that during the time period needed for the Customer to fulfil the requirements described in 'Domain Name Services Terms Clause 2.6' the domain name has either been deleted, has expired or has entered the Redemption period.
2.8 The Company shall not be liable for the registration, maintenance or management of any domain name, until it has been successfully registered by the Company on behalf of the Customer.
2.9 The Customer acknowledges that non-registered domain names are available for registration to the general public and that the Company shall not be responsible for and cannot guarantee that any domain name of the Customer's choice will be available for registration by the Customer.
3. External Domain Names
3.1 Associating domain names which are not registered by the Company with the Customer's Web Hosting Services Account is done at the Customer's own risk.
3.2 The Customer is solely responsible to use only domain names that are compatible with the service of the Company and to manage them in compliance with all legal and technical requirements.
3.3 The Customer is solely responsible for keeping the DNS settings of the Customer's external domains up to date with the recommended DNS setting provided by the Company.
3.4 The Customer agrees to regularly review the DNS information provided by the Company.
3.5 The Company cannot be held liable for any faults in the domain names functionality or for any faults in the hosting, email or other services provided by the Company which result from a failure of the Customer to manage its external domain in compliance with all legal and/or technical requirements including but not limited to: wrong DNS servers setup, misspelled domain names, expired domain names.
4. Right of Refusal
4.1 The Company reserves the right to refuse to register renew or reserve any one domain name and any associated services at its sole discretion.
4.2 The Customer agrees that the Company shall not be liable for any loss or damages that may result from the Company's refusal to register renew or reserve any one domain name or provide any associated services.
5. Selection of a Domain Name
5.1 The Company shall not be liable if any domain name of the Customer or its use infringes the legal rights of any third party.
5.2 The Company shall have no obligations to check whether any domain name of the Customer complies with all legal regulations and does not infringe the legal rights of any other party.
5.3 The Company recommends that the Customer seek legal advice and/or investigate the legal requirements and specifications, associated with the use of any domain name and make sure it does not violate any trade mark or copyrights.
5.4 The Customer acknowledges that in the event that a third party proves the rights over a domain name of their choice, the Company will comply with the order of a court to cancel, modify or transfer the domain name in question.
5.5 The Customer agrees that in case the Company is either sued or threatened by a lawsuit in reference to the Customer’s domain name, then the Customer will hold the Company harmless and indemnify the Company.
6. Domain Renewal Notices
6.1 The Company will notify the Customer by email before the renewal date of any one domain name in the form of invoice and/or invoice payment reminder.
7. Payment Information
7.1 The Customer agrees to supply appropriate payment for the Company's Domain Name Services in advance of the time period during which Domain Name Services are provided.
7.2 The Customer agrees that until and unless the Customer notifies the Company of the Customer's desire to cancel any or all Domain Name Services received then those Domain Name Services will be invoiced on a recurring basis.
7.3 The Customer is responsible for ensuring that the Customer's contact details are up to date and that all invoices for Domain Name Services are paid on time. In the event that the Customer does not pay an invoice for Domain Name Services by the "Due Date" (see 'Standard Terms Clause 4.6') the Company will suspend the Domain Name Services until the invoice has been paid in full. Time is of the essence.
7.4 In the event that the Customer does not pay an invoice for Domain Name Services within twenty-eight (28) days after the "Due Date" the Company will terminate the Domain Name Services. Any data the Company hold or host in relation to the terminated Domain Name Services will be immediately and permanently deleted from the Company's system. Time is of the essence.
7.5 The Company reserves the right to change prices at any time.
(D) Design Services
Updated 10 December 2024
This section sets out the legal terms and conditions under which the Company supplies Design Services to Customers.
Please note that by ordering any of our Company's Services you the Customer agree to be bound by the Company's Terms of Service, each section of which is to be be read in conjunction with every other section, and by any other documents expressly referred to in these Terms of Service.
Select All Pages from the List of Contents displayed on this page to view and print a full copy of the Company's Terms of Service.
1. Licence and Copyright
1.1 Joomla!® Content Management System
1.1.1 Any one Website design supplied by the Company to the Customer is not endorsed by The Joomla! Project™. The Company is not affiliated with or endorsed by The Joomla! Project™. Any products and services provided through this site are not supported or warrantied by The Joomla! Project or Open Source Matters, Inc. Use of the Joomla!® name, symbol, logo and related trademarks is permitted under a limited license granted by Open Source Matters, Inc.
1.2 Third Party Applications
1.2.1 The copyright of any one Third Party Application installed on a web server by the Company on behalf of the Customer belongs to the owner of the copyright of the Third Party Application.
1.2.2 The Customer agrees to consult the owner of the copyright of any one Third Party Application before using the Third Party Application to ensure it is not in breach of copyright requirements.
1.2.3 When the owner of the copyright of any one Third Party Application requires registration the Customer agrees that it will register with the owner of the Third Party Application prior to using the Third Party Application.
1.2.4 The Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, costs, losses and claims arising from use by the Customer of Third Party Applications installed on a web server by the Company on behalf of the Customer.
1.3 Templates
1.3.1 The Company is the sole owner of copyright and all other rights to Templates designed and supplied by the Company except for template Material provided by a third party in which case the third party retains the copyright. All rights reserved.
1.3.2 Templates designed and supplied by the Company remain the property of the Company and are licensed to the Customer. The Customer may not claim intellectual or exclusive ownership of any rights to any one Template designed and supplied by the Company modified or unmodified in full or in part. The Company reserves the right to re-develop, change, withdraw and release Templates without prior notice. The Customer agrees that the Company may include design credits and links back to its website in Templates designed and supplied by the Company.
1.3.3 The Company grants a non-exclusive limited licence to the Customer to use any one Template designed and supplied by the Company with one Joomla! CMS at any one time.
1.3.4 If the Customer wishes to use any one Template designed and supplied by the Company with more than one Joomla! CMS website at any one time then the Customer is invited to purchase additional Templates to be granted additional non-exclusive limited licences on the basis of one non-exclusive limited licence per Template.
1.3.5 Templates designed and supplied by the Company do not contain Joomla!® software. The Customer must own a fully licensed version of Joomla! software obtained separately to be able to use any one Template designed and supplied by the Company.
1.3.6 The Customer must not place any one Template designed and supplied by the Company modified or unmodified in full or in part on any diskette, CD, DVD, email, web site, site builder, server or any other medium and offer them for redistribution, lending, rental, resale, free offer, give away or redistribution of any kind without prior written consent from the Company.
1.3.7 The Customer must not sub-license, assign or transfer the non-exclusive limited licence of any one Template designed and supplied by the Company to anyone else without prior written consent from the Company.
1.3.8 The Customer may retain one additional copy of any one Template designed and supplied by the Company for archive and reference purposes only; the additional copy must not be redistributed, lent, rented or resold in any manner.
1.3.9 The Company reserves the right to reproduce any of its artwork for promotional purposes including any one Template designed and supplied by the Company.
2. Material
2.1 The Company reserves the right to refuse to supply and/or install on a web server one or more Websites and/or Templates and/or Third Party Applications when the Company at its sole discretion deems the Customer's website content to be unlawful or inappropriate; constitute harassment, racism, violence, obscenity, and/or any other harmful intent; be spamming; be committing a criminal offence; be infringing privacy and/or copyright. The Company reserves the right without notice to cancel, reject or refuse to work with a Customer's website without reason for such rejection or refusal.
2.2 It is the responsibility of the Customer to ensure that no copyright infringement will occur in the use of any Material supplied by the Customer for use as part of a Template and/or Website.
2.3 The Customer will not hold the Company responsible for any infringement of copyright relating to Material used as part of a Template and/or Website. Refunds will not be made in the event of copyright infringement.
2.4 The Customer shall indemnify the Company in full against all loss (including loss of profit), costs (including cost of all time and materials purchased or used), damages, charges and expenses incurred by the Company as a result of any infringement of copyright relating to Material used as part of a Template and/or Website designed by the Company on behalf of the Customer.
2.5 The Company will do its best to ensure that the Company's designs are original and do not infringe upon any existing trademarked design. Should this unlikely event occur then the limit of the Company's liability is the price of the Template and/or Website supplied.
3. Design Process
The Company's offer of Template and Website Design Services is restricted to Customers who subscribe to the Company's Joomla! CMS Support Services (see 'Joomla! CMS Support Terms').
The Design Process will comprise of three stages: Customer Consultation, Template and Website Design, Review and Publication.
3.1 Design Consultation
3.1.1 The Company will consult with the Customer to determine the Customer's Template and Website Design requirements.
3.1.2 If at its sole discretion the Company concludes that it can comply with the Customer's Template and Website Design requirements then the Company will invite the Customer to subscribe to the Company's Joomla! CMS Support Services (see 'Joomla! CMS Support Terms').
3.2 Design Quote
The Company will include in its Joomla! CMS Support Service Level Agreement the:
3.2.1 schedule of Template and Website Design work (hereafter "Design Work"),
3.2.2 total cost of Template and Website Design Work (hereafter "Design Cost"),
3.2.3 Payment Terms, and
3.2.4 Delivery Date.
3.3 Response Time
3.3.1 For the purpose of Template and Website Design Services provision by the Company time shall not be of the essence.
3.4 Payment Terms
3.4.1 The Company will invoice the Customer for the Design Cost prior to commencement of the Design Process.
3.4.2 The Customer agrees to pay for the Design Work prior to commencement of each stage of the Design Process.
3.4.3 Time for payment by the Customer shall be of the essence.
3.5 Design Process Termination
3.5.1 The Template and Website Design Process will terminate at the Delivery Date as specified in the Joomla! CMS Support Service Level Agreement.
3.5.2 All liabilities for errors, changes, or alterations become the responsibility of the Customer after the Delivery Date.
3.6 Design Alterations
3.6.1 Converging Template and Website Design Alterations.
Notwithstanding 'Standard Terms Clause 4.9' the Customer may request minor Template and Website Design alterations without charge prior to the agreed Delivery Date providing the Customer gives clear and concise feedback and the requested alterations are reasonably determined by the Company at its sole discretion to result in convergence of the Design Process.
3.6.2 Diverging Template and Website Design Alterations.
If any one Template or Website Design alteration requested by the Customer prior to the agreed Delivery Date is reasonably determined by the Company at its sole discretion to result in divergence of the Design Process then the Company will quote separately for work undertaken to complete the requested alteration.
3.6.3 Template and Website Design Alterations after the Delivery Date.
If Template and Website Design alterations are requested by the Customer after the Delivery Date then the Company will quote separately for any work needed to complete the requested alterations.
4. Distribution
4.1 The Company will install any one Template and/or Website Design on a web server on behalf of the Customer upon receipt by the Company of:
4.1.1 payment in full from the Customer of the Design Cost and related Joomla! CMS Support subscription,
4.1.2 written confirmation from the Customer that they have made an appropriate backup copy of all files and data already installed on the web server.
4.2 The Company offers Template and Website Designs for sale as intangible irrevocable goods. No refund will be offered by the Company to the Customer once the Company has installed any one Template and/or Website Design on a web server on behalf of the Customer. All sales are final.
5. Compatibility and Customisation
5.1 The Company designs Templates for Websites created using the latest release of any one Joomla! CMS and/or Third Party Application installed by the Company as at the date of the Company's invoice.
5.2 The Company shall make every effort to ensure that any one Template works with the latest version of Firefox, Chrome, Microsoft Edge, Safari and Opera web browsers as at the date of the Company's invoice.
5.3 The Customer agrees that the Company cannot guarantee correct functionality and/or display of any one Template, Website and/or Third Party Application on any one or all browsers, operating systems and devices, and that any one or all of the following which occur after the date of the Company's invoice may thereafter affect the functionality and/or display of any one Template, Website and/or Third Party Application:
5.3.1 Joomla! content management system update to a different patch, release or version number;
5.3.2 Third Party Application update to a different patch, release or version number;
5.3.3 browser software update;
5.3.4 operating system software update;
5.3.5 mobile operating system software update;
5.3.6 change of domain name server setup;
5.3.7 web hosting platform system software update.
5.4 The Customer may change the code of any one Template or Website Design supplied by the Company.
5.5 The Company may at its sole discretion quote separately for any additional Design Work requested by the Customer after the Delivery Date.
6. Liability and Warranty Disclaimers
6.1 The Company supplies any one Template, Website and/or Third Party Application on an "as is" basis without warranty of any kind, either expressed or implied.
6.2 The Company does not give warranty that any one Template, Website and/or Third Party Application:
6.2.1 is free of HTML, CSS, PHP, Javascript and/or MySQL error;
6.2.2 complies with legislation, W3C Web Accessibility Initiative (WAI) accessibility guidelines, browser software releases, operating system software releases and/or web standards.
6.3 The Company shall have no liability to the Customer or any third party for any damages including but not limited to, errors, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising from the operation of or inability to operate any one Template, Website and/or Third Party Application on any one or all browsers, operating systems and devices even if the Company has been advised of the possibility of such damages.
6.4 The Customer shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, costs, losses and claims arising from the Customer's use of any one Template, Website and/or Third Party Application supplied by the Company.
(E) Joomla! CMS Support
Updated 10 December 2024
This section sets out the legal terms and conditions under which the Company supplies Joomla! CMS Support Services to Customers.
Please note that by ordering any of our Company's Services you the Customer agree to be bound by the Company's Terms of Service, each section of which is to be be read in conjunction with every other section, and by any other documents expressly referred to in these Terms of Service.
Select All Pages from the List of Contents displayed on this page to view and print a full copy of the Company's Terms of Service.
1. Subscription Service
1.1 The Company undertakes to provide the Customer with Joomla! CMS Support on a subscription basis.
2. Service Level
2.1 The Company will provide the Customer with Joomla! CMS Support comprising:
2.1.1 JOOMLERS.UK User Guides (see 'Joomla! CMS Support Terms Clause 3');
2.1.2 Email and Telephone Support (see 'Joomla! CMS Support Terms Clause 4');
2.1.3 Joomla! CMS Website Maintenance (see 'Joomla! CMS Support Terms Clause 5');
2.2 The Company will provide the Customer with a Joomla! CMS Support Service Level Agreement (hereafter "Joomla! CMS Support SLA").
2.3 The Joomla! CMS Support SLA will outline the Joomla! CMS Support to be provided to the Customer by the Company for a specified finite period of time (hereafter "Subscription Period").
3. JOOMLERS.UK User Guides
3.1 For the duration of the Subscription Period covered by the Company's Joomla! CMS Support SLA the Company will provide the Customer with full unrestricted access to the Company's JOOMLERS.UK User Guides at its website www.joomlers.uk.
4. Email and Telephone Support
4.1 For the duration of the Subscription Period covered by the Company's Joomla! CMS Support SLA:
4.1.1 the Company will do its best to provide the Customer with answers to questions about how to use the core Joomla! CMS and Third Party Applications listed in the Company's Joomla! CMS Support SLA;
4.1.2 the Customer may contact the Company by email and telephone using the contact details published at the Company's website (www.wynchco.uk);
4.1.3 the Company will respond to Customer emails and telephone calls between the hours of 09:00 - 17:00 GMT (Monday - Friday) excluding UK bank holidays.
5. Joomla! CMS Website Maintenance
5.1 For the duration of the Subscription Period covered by the Company's Joomla! CMS Support SLA the Company will provide the Customer with Joomla! CMS Website Maintenance with the aim of reducing the risk of the Customer's Joomla! CMS Website being Compromised.
5.2 The Customer acknowledges that it is impossible for the Company to guarantee that the Customer's Joomla! CMS Website covered by the Company's Joomla! CMS Support SLA will not be Compromised (see 'Joomla! CMS Support Terms Clause 13').
6. Exclusions
6.1 For the duration of the Subscription Period covered by the Company's Joomla! CMS Support SLA the Company excludes provision of:
6.1.1 Joomla! CMS Support for any one Website using a version of Joomla! CMS which is earlier than version 5.2.0,
6.1.2 technical support in respect of any one Third Party Application,
6.1.3 Website content management (adding new or editing existing Material),
6.1.4 coaching and training services,
6.1.5 search engine optimisation,
6.1.6 PHP and MySQL developer services,
6.1.7 Compromised Website repair services,
6.1.8 Template and Website Design Services (including Website re-build)
unless expressly provided otherwise in the Company's Joomla! CMS Support SLA.
6.2 For the duration of the Subscription Period covered by the Company's Joomla! CMS Support SLA the Company excludes payment of subscription and/or renewal fees on behalf of the Customer to the developer of any one Third Party Application.
7. Fair Use
7.1 The Company reserves the right to cease providing Joomla! CMS Support when it reasonably determines at its sole discretion that:
7.1.1 the Customer has breached the Company's Terms of Service;
7.1.2 the Customer's use of the Company's Joomla! CMS Support is excessive, abusive or fraudulent.
8. Access
8.1 The Company undertakes to correspond with one named individual in respect of all matters arising from and relating to any one Joomla! CMS Support SLA.
8.2 The Customer may choose to nominate one named individual (hereafter "Agent") who will correspond with the Company on behalf of and instead of the Customer in respect of all matters arising from and relating to any one Joomla! CMS Support SLA.
8.3 The Customer is responsible for:
8.3.1 making all arrangements necessary for the Customer or their Agent to have access to the Company's Joomla! CMS Support, and
8.3.2 ensuring that their Agent is aware of and complies with these terms and conditions.
8.4 The Customer represents and warrants that the Customer and/or their Agent is proficient in how to use a computer device, web browser, email client and FTP client before contacting the Company for Joomla! CMS Support.
9. Hosting Environment
9.1 The Customer accepts full responsibility for ensuring that any one Joomla! CMS website is hosted on a server which:
9.1.1 complies with the minimum technical requirements for hosting a Joomla! CMS website as recommended by The Joomla! Project (including but not limited to PHP, MySQL and File Permissions);
9.1.2 provides secure access via HTTPS to a Hosting Control Panel (with full access to File Manager, PhpMyAdmin, Backup Manager, Access Log and Error Log functions);
9.1.3 provides secure access via SFTP or FTPS.
9.2 When the Joomla! CMS website is hosted on an Nginx server the Customer accepts full responsibility for checking that their hosting provider will allow custom Nginx configuration and guarantee that Nginx can load the custom nginx.conf file (essential when using Akeeba Admin Tools Nginx Configuration Maker).
9.3 For the duration of the Subscription Period the Customer agrees to provide the Company with:
9.3.1 separate and unique user credentials for gaining access to the Customer's Hosting Control Panel and Joomla! CMS Website Dashboard (Super Users access level);
9.3.2 permission to log into the Customer's Hosting Control Panel and Website Dashboard to facilitate provision by the Company of Joomla! CMS Website Maintenance.
10. Backup Archives
10.1 The Company does not warrant or guarantee that any one 'Joomla! CMS Website Backup Archive comprising database and files' (hereafter "Backup Archive") created by the Company is complete, accurate and not Compromised.
10.2 The Customer accepts full responsibility for:
10.2.1 downloading Backup Archives from the server and for storing downloaded Backup Archives in a secure location;
10.2.2 verifying the content and accuracy of any one Backup Archive created by the Company;
10.2.3 complying with the terms and conditions specified by their web hosting provider in respect of the storage of Backup Archives;
10.2.4 ensuring that any one web location to which the Company is asked to restore a Backup Archive does not contain material and/or content which may be lost during the restoration process.
10.3 The Customer authorises the Company to periodically download one or more Backup Archives from the server to facilitate provision by the Company of Joomla! CMS Website Maintenance.
11. Response Time
11.1 For the purpose of Joomla! CMS Support provision by the Company time shall not be of the essence.
12. Payment Terms
12.1 The Customer agrees to supply appropriate payment for the Company's Joomla! CMS Support in advance of the time period during which Joomla! CMS Support is provided.
12.2 The Customer agrees that until and unless the Customer notifies the Company of the Customer's desire to cancel any or all Joomla! CMS Support received then Joomla! CMS Support will be invoiced on a recurring basis.
12.3 The Customer is responsible for ensuring that the Customer's contact details are up to date and that all invoices for Joomla! CMS Support are paid on time. In the event that the Customer does not pay an invoice for Joomla! CMS Support by the "Due Date" (see 'Standard Terms Clause 4.6') the Company will suspend the Joomla! CMS Support until the invoice has been paid in full. Time is of the essence.
12.4 In the event that the Customer does not pay an invoice for Joomla! CMS Support within twenty-eight (28) days after the "Due Date" the Company will terminate the Joomla! CMS Support. Time is of the essence.
12.5 The Company reserves the right to change prices at any time.
13. Disclaimer
13.1 The Company does not accept liability for errors and/or omissions when responding to Customer questions about how to use the core Joomla! CMS and Third Party Applications.
13.2 The Company does not warrant or guarantee that every request for Joomla! CMS Support will be resolved to the Customer's satisfaction.
13.3 The Company does not warrant or guarantee that the Customer's Joomla! CMS Website will not be Compromised.
13.4 The Customer agrees to take all reasonable practical steps to protect their Joomla! CMS Website including but not limited to:
13.4.1 using very strong secure passwords;
13.4.2 restricting user access to the Joomla! CMS Dashboard and the website's Hosting Control Panel;
13.4.3 using SFTP or FTPS protocol when connecting to the server via an FTP client;
13.4.4 protecting devices used to access the Joomla! CMS from being Compromised.
(F) Demo Website Services
Updated 10 December 2024
This section sets out the legal terms and conditions under which the Company supplies Demonstration Website Services (hereafter "Demo Website Services") to Customers.
Please note that by ordering any of our Company's Services you the Customer agree to be bound by the Company's Terms of Service, each section of which is to be be read in conjunction with every other section, and by any other documents expressly referred to in these Terms of Service.
Select All Pages from the List of Contents displayed on this page to view and print a full copy of the Company's Terms of Service.
1. Demo Website
1.1 The purpose of the Company providing Demo Website Services is to enable the Customer to experience using a demonstration Joomla! CMS Website (hereafter "Demo Website") for a finite period of time (hereafter "Demo Period").
1.2 The Demo Priod will commence when the Company accepts a written request from the Customer to use its Demo Website Services and the Company has contacted the Customer by telephone to confirm their requirements.
1.3 The Company may at its sole discretion terminate the Demo Website Services without notice at any time during the Demo Period.
2. Conditions of Use
2.1 When the Company provides the Customer with access to the Demo Website:
2.1.1 the Customer will be assigned Administrator privileges;
2.1.2 the Company will retain Super User privileges.
2.2 The Customer is responsible for their own use of, and the acts and omissions of others who may access, the Company’s Demo Website Services via the user name and password assigned to the Customer by the Company. Use of Demo Website Services provided by the Company is at the Customer's sole risk.
2.3 The Company does not guarantee the continued availability or the functionality of its Demo Website Services.
2.4 Without limiting the generality of any of the other conditions or restrictions set forth in these terms and conditions, the Customer may not directly or indirectly:
2.4.1 permit third party access, or take actions which result in access, or attempts to access, the Customer’s Demo Website from more than one computer at any one time per user name/password;
2.4.2 distribute or share the Customer’s Demo Website password with anyone;
2.4.3 lease, license or otherwise charge others for use or access to the Customer’s Demo Website.
3. Material
3.1 Provision by the Company of Demo Website Services is not the provision of a permanent repository for any one and all Material the Customer uploads (or permits to be uploaded) to the Demo Website even during the limited duration of the Demo Period.
3.2 The Company accepts no liability for the cost of interruptions, failure or delay in performance and/or replacing Material when it suspends or terminates a Demo Website and/or Demo Website Services.
3.3 The Company may destroy Material when it suspends or terminates a Demo Website and/or Demo Website Services without any liability for the cost of replacing Material.
4. Limited Licence
4.1 The Customer retains any copyright and any other rights the Customer already holds in Material which the Customer creates, submits, posts or displays on or through, the Company’s Demo Website Services.
4.2 By creating, submitting, posting or displaying such Material, the Customer gives the Company a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence (hereafter “Licence”) to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Material on or through, the Company’s Demo Website Services. The Licence is for the sole purpose of enabling the Company to provide or improve Demo Website Services such as by (without limitation):
4.2.1 creating backup copies of Material;
4.2.2 enabling file sharing;
4.2.3 transmitting Material over various public networks;
4.2.4 making changes as necessary to conform and adapt Material to the technical requirements of connecting networks, devices or Demo Website Services.
4.3 The Customer confirms and warrants to the Company that the Customer has all the rights, power and authority necessary to grant the above Licence (see 'Demo Website Services Terms Clause 4.2').
5. Third Party Services
5.1 The Company’s Demo Website Services may include advertisements, links or other connections to third party websites and resources, including those which may offer fee-based products and services.
5.2 The Customer acknowledges and agrees that the Company:
5.2.1 is not responsible for, and has no liability to the Customer with respect to, the acts or omissions of such third parties, including (without limitation) any of the websites, products or services offered by those third parties;
5.2.2 makes no representations or warranties concerning any of those third parties or their products or services.
6. Eligibility
6.1 The offer of the Company's Demo Website Services is restricted to any one Customer who:
6.1.1 is resident in the United Kingdom (UK) and
6.1.2 can provide the Company with a verifiable United Kingdom (UK) landline telephone number.