Hosting Terms

1.1. The Initial Contract Term shall commence upon the provision of Service to the Client by Lime Chilli Design or upon transfer of an existing site / domain to Lime Chilli Design hosting.

1.2. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Lime Chilli Design cannot be held liable for this. However, Lime Chilli Design will make reasonable effort to contact the Client regarding Domain renewal.

1.3. Domain name and web hosting renewal reminders will be sent by email about 2-4 weeks in advance of the renewal date if both were initially purchased through Lime Chilli Design.

1.4. The Hosting and domain renewal charges must be received within 10 days prior to their respective expiry dates. Failure to pay within these time limits will cause suspension of the account or additional facilities until payment is received.

1.5. Lime Chilli Design reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an administration fee of £30 for reactivating the website/Hosting.

1.6. If a Domain name is purchased by the Client through a company other than Lime Chilli Design, the Client has full responsibility in making sure that the domain name is renewed when due. Lime Chilli Design will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Lime Chilli Design.

1.7. If the Client does not renew the domain name when required it could be made available to the public for purchase and Lime Chilli Design cannot be held liable for this.

1.8. Renewal of Hosting is due on an annual basis. The date of renewal will be annually from the date the Service was made live. The Hosting will not be renewed if Lime Chilli Design cannot contact the Client or the Client requests for Lime Chilli Design to not host this site.

1.9. If the Client does not use Lime Chilli Design Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.

1.10. Should a Client wish to move Hosting away from Lime Chilli Design or transfer a Domain name away from Lime Chilli Design, a £30 administration charge will be issued which must be paid before the transfer takes place.

1.11. Hosting fees will be explained in your quotation and are subject to change with written notification from Lime Chilli Design either by letter or by email.

1.12. Account holders may terminate their accounts by giving Lime Chilli Design no less than 30 days written notice by letter. No refund will be given where customers terminate their account prior to the end of the Initial Contract Term or Extension Term.

1.13. Lime Chilli Design reserves the right during the Initial Contract Term and at any time thereafter to terminate this Contract by giving to you not less than 30 days prior written notice of termination. Your notice of termination does not avoid any other liability for Service already provided.
 
2. Usage

2.1. Hosting accounts are to be used only by the purchaser / purchasing company. Account holders must not resell or give away web space or email accounts to any other parties, other than the acceptance of advertisements. All web space and email accounts must remain in total control of the account holder.

2.2. Each web hosting account may be used for only one website. Hosting of two or more websites on the one web hosting account is prohibited. Sub-domains (where provided) may be used as an extension of the main website. Sub-domains may not be used to host additional websites.

2.3. Webspace is provided for files relating to and required by your website only. It is prohibited to use the webspace for online storage.

2.4. Lime Chilli Design prohibits the use of its servers for:

Illegal material, such as commercial audio, video or music files or any other copyrighted works, for which the account holder does not have the permission of the copyright holder, or any other material in violation of UK Law

Adult material, such as pornography, erotic images or otherwise lewd or obscene content

Racist, defamatory, obscene, indecent or other unlawful material

‘Warez’, such as pirated software, ROMS, emulators, instructions or software for phreaking, hacking, password cracking or IP spoofing etc

Sites engaging in or promoting pyramid sales, Multi Level Marketing or similar activities

Engaging in illegal activities

Any material containing a virus or other hostile computer program.

2.5. Account holders will not post (nor allow to be posted) web pages containing such material or links to such material, nor shall they store such material in their server space, nor shall they transmit such material by email or any other means.

2.6. Lime Chilli Design reserve the right to determine whether any material or use is prohibited.

2.7. Lime Chilli Design reserve the right to remove any such material without warning and suspend or terminate accounts without refund or notice.

2.8. Lime Chilli Design prohibits spam (the sending of unsolicited bulk email). Lime Chilli Design will terminate immediately any account, without refund, for which the account holder has sent unsolicited bulk emails.

2.9. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.

2.10. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Website which is detrimental to our other customers.

2.10.1 Should your website become infected with any form of malware, email sending script, injected code or is subject to any form of hack or infection, it is your responsibility to ensure that this infection is cleansed and your website is secured within 24 hours of the issue being noticed. If the matter is not resolved or the problem persists, Lime Chilli Design will determine which action to take next.
a)    Your website hosting service could be terminated immediately (you would need to keep an off-site backup of your site as no files would be retained by Lime Chilli Design) or
b)    Depending on the type of infection, Lime Chilli Design would attempt to cleanse and secure your site at a charge of £35 per hour. With a minimum charge of £35 and a maximum charge of £250. If the infection recurs within a 7 day period, Lime Chilli Design will correct this again free of charge on one occasion only.
Whichever option Lime Chilli Design chooses, we will make reasonable attempts to contact you via telephone and email to advise you of the issue.  In instances where the outgoing email service of the server is hacked, there would be no choice but to immediately choose option A or B above without notice to the client.

2.11. You shall procure that all email is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

2.12. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

2.13. All web hosting accounts should remain within the agreed data transfer (bandwidth) allowance for the account. Lime Chilli Design accept that there are times when sites may unexpectedly exceed data transfer allowance for short period of time. Lime Chilli Design will not impose any penalty for such breaches of data transfer allowance providing that these breaches are small, are not frequent, and are not sustained. Lime Chilli Design reserve the right to determine what constitutes small, sustained or frequent breaches of data transfer allowance.

2.13.1. If required Lime Chilli Design may increase the data transfer allowance, this will be done at the discretion of Lime Chilli Design.

2.13.2. Many domains have to share the various resources (processors, memory, etc) available on the servers. Lime Chilli Design believe that no single domain should use excessive amounts of resources, as this may jeopardise server performance for the other domains.

2.13.3. In the event that an account is deemed to be using excessive data transfer (bandwidth) or resources, Lime Chilli Design may suggest action to reduce bandwidth or resource use, or suggest upgrading their Service.

2.13.4. Account holders may also be subject to additional costs due to excessive data transfer or resource use. These costs will be agreed between Lime Chilli Design and the Client. If an agreement cannot be reached between Lime Chilli Design and the Client, then Lime Chilli Design may terminate the account. In this case, Lime Chilli Design may provide a refund for the remaining unused part of the year, subject to an administration fee of £25.00.
 
3. Liability

3.1. While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers or from corruption by virus and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email or damage to date or operations.

3.2. Lime Chilli Design has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client’s web sites constitute Lime Chilli Design endorsement, or approval of the website or the material contained within the website. Lime Chilli Design has not verified any of the materials, images or information contained within our Client’s web sites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. Lime Chilli Design provides links or references to our Client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.

3.3. Lime Chilli Design is not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s website.

3.3.1. You shall effect and maintain adequate insurance cover in respect of any loss of or damage to data stored on the Server.

3.4. Lime Chilli Design will not be responsible for any loss or damage your business may suffer. Lime Chilli Design make no warranties, expressed or implied, for any services we offer.

3.5. Clients shall indemnify and hold harmless Lime Chilli Design from any and all demands, liabilities, losses, costs, and claims, including all legal fees, asserted against Lime Chilli Design and it’s agents, customers, officers and employees, that may arise from any service provided or performed or agreed to be performed, or for any product sold by Lime Chilli Design, it’s agents, customers, officers or employees.

3.6. Lime Chilli Design will not be responsible for any loss or damage caused by infringement of copyright or proprietary rights, supply of defective goods or services, any loss or damage (personal or business), caused by customers of Lime Chilli Design.

3.7. Lime Chilli Design makes no claims that the contents of this website may be lawfully viewed or downloaded outside the United Kingdom. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of Scotland, England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of Scotland. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

3.8. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server.

3.9. Lime Chilli Design undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus.

3.10. Lime Chilli Design is not in any way liable in contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.

3.11. Lime Chilli Design makes no warranty as regards to its Services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any
reason including but not limited to loss of data, wrong or non deliveries and Service interruptions.

3.12. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.

3.13. In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

3.14. Indemnity – You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

3.15. Intellectual Property Rights – You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name and website content.

3.16. In the event of a fault in Service, you must report the fault by telephone to Lime Chilli Design at the appropriate telephone numbers that Lime Chilli Design may from time to time provide. Upon receipt of the fault report, Lime Chilli Design will take all proper steps without undue delay to correct the fault. Lime Chilli Design shall not, in any event, be liable for interruptions of Service or downtime of a Server.

4. Provision of Service

4.1. Lime Chilli Design may temporarily suspend for the purpose of repair, maintenance or improvement, part or all of Service, without notice. Lime Chilli Design undertakes to
use reasonable endeavours to restore Service as soon as practicable after any such suspension.

4.2. Lime Chilli Design may Give or update instructions regarding the use of Service which in Lime Chilli Design’ reasonable opinion are necessary in the interests of safety or to maintain or improve the quality of Service to Lime Chilli Design’ Clients. Any such instructions shall, whilst they are in force, be deemed to form part of this Contract.

4.3. Lime Chilli Design may vary the technical specification of Service for operational reasons.

5. Payment

5.1. If any payment is overdue Lime Chilli Design reserve the right to immediately remove the Client’s Website from viewing on the Internet and to suspend all other work until payment of all outstanding charges and interest is made. Such removal or withholding does not relieve the Client of his or her obligation to pay any outstanding Charges and interest. If such a suspension is imposed, you will be liable for a £30 administration charge to reinstate the Service to you.

5.2. The Client shall be liable for and shall indemnify Lime Chilli Design against all costs and expenses incurred by Lime Chilli Design in respect of any steps, actions or proceedings made or brought against the Client by Lime Chilli Design to obtain payment of outstanding Charges and interest.

5.3. All payments must be in UK Pounds Sterling. If any cheque from the Client is returned by the bank as unpaid for any reason the Client will be liable for an administration fee of £30.

5.4. You continue to be liable to pay all Charges which are due for Service during any period in which you do not comply with this Contract.

5.5. For so long as any sum due to Lime Chilli Design hereunder is unpaid or any other amount is due to or properly claimed by Lime Chilli Design from you for services or goods supplied or for any other reason, whether pursuant to these terms or otherwise, Lime Chilli Design shall be entitled to retain any property owned by you or lawfully in your custody or possession and which is held by Lime Chilli Design or by its agents until such time as all amounts due to Lime Chilli Design are paid and/or any issue between you and Lime Chilli Design is determined.

5.6. You acknowledge that our Services are provided using facilities provided to us by third parties; Lime Chilli Design shall have the right, subject to 14 days prior written notice to You, to increase our Charges at any time during the Initial Contract Term or any Extension Term, whether to reflect increase costs to us from such third parties or otherwise. However, if such increase exceeds 10% of the Charge in question prior to such notice you shall be entitled to terminate the Contract by written notice to us given by You within 7 days after service of our notice of increase to you. If you do so terminate, You will remain liable for all charges (at the previous rate) up to the date of termination.

6. Termination

6.1. On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Website and to remove all data located on it. Lime Chilli Design shall be entitled to delete all such data but we may at our discretion hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to Lime Chilli Design. We shall further be entitled to post such notice in respect of the non-availability of your Website as we think fit.

7. General

7.1. The Client is solely responsible for providing Lime Chilli Design with accurate and current contact information for the Clients’ designated points of contact. Lime Chilli Design will be relieved of its obligations in this agreement if Lime Chilli Design’ contact information for the Client is out of date or inaccurate due to the Clients’ action or omission.

7.2. If Lime Chilli Design waives a breach of Contract by You, that waiver is limited to the particular breach. Any delay by Lime Chilli Design in acting upon a breach is not to be regarded in itself as a waiver.

7.3. Lime Chilli Design is not liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeure, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.

7.4. This Agreement shall be governed by and construed in accordance with Scottish law and you hereby submit to the non-exclusive jurisdiction of the Scottish courts.

7.5. Entire Agreement – These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

7.6. Changes and Amendments – Lime Chilli Design reserve the right to amend and/or change these Terms and Conditions without notice.