Terms and Conditions
You indicate acceptance of these terms and conditions of service by placing an order with ENOISE. These terms and conditions will not be varied for individual customers.
ENOISE undertakes to provide its clients with information technology and related services of the very highest quality. Part of this commitment involves demonstrating transparency throughout our business processes and being clear about our standard business practices.
In this Agreement the following words and expressions shall have the following meanings:
"Downtime" means any service interruption in the availability to visitors of the Website.
"Intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country.
"ENOISE", 'us', 'our', and 'we' means E-noise.com Limited; registered in England ; registered office Studio 5, 155 Commercial St, London, E1 6BJ, UK.
"IP address" stands for internet protocol address which is the numeric address for the server.
"ISP" stands for internet service provider.
"Server" means the computer server equipment operated by ENOISE in connection with the provision of the Services.
"The Services" means web hosting, domain name registration, email and any other services or facilities provided by ENOISE.
"Spam" means sending unsolicited and/or bulk emails;
"Virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses".
"Visitor" means a third party who has accessed the Website.
"Client" or "you" is any individual or organisation which pays ENOISE in return for products or services.
"Writing" includes email to a valid ENOISE e-mail address, or standard post to our office address.
The Customer wishes to provide ENOISE with data that will be hosted on ENOISE's servers and made accessible via the Internet.
ENOISE provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
We do not store credit card details nor do we share customer details with any 3rd parties
ACCEPTABLE USE POLICY
The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
- use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
- send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
- publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;
- threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
- engage in illegal or unlawful activities through the Services or via the Website;
- make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or
- obtain or attempt to obtain access, through whatever means, to areas of ENOISE's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
- operate or attempt to operate IRC bots or other permanent server processes.
The Customer has full responsibility for the content of the Website. For the avoidance of doubt, ENOISE is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
If the Customer fails to comply with the Acceptable Use Policy outlined in this document ENOISE shall be entitled to withdraw the Services and terminate the Customer's account without notice.
Payment methods include credit/debit cards (including MasterCard, Visa and Switch/Maestro) through 3rd party payment gateway providers such as PayPal, 2Checkout and Google Checkout. We can also arrange direct debit instructions via 3rd party provider GoCardless.
ENOISE do not accept cheques, postal orders, cash or any other form of payment other than those outlined above.
The Charges are exclusive of VAT, which if payable shall be paid by the Customer.
ENOISE shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
ENOISE do not provide credit facilities.
Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.
Please note that we will not automatically settle payments unless you explicity set up a recurring payment. We do not directly store payment details such as card data which means that you will have to manually settle your invoices (you can easily pay on our website or via bank transfer). Invoice reminders will be sent to the email address on record for the account with us 4 weeks before an invoice will become overdue. Further reminders are sent before the due date until payment has been received.
If an invoice becomes overdue, your associated package will be suspended. You still have a 2 to 4 weeks period during which you can still renew your package and have it reactivated by paying the outstanding invoice.
When a package has been overdue for more than 2 to 4 weeks it will be automatically cancelled. If you wish to renew at this stage we can not guarantee that your domain name will still be available and a reactivation fee will apply (£10) as well as a domain redemption fee if applicable (£100).
In case we do not meet standards outlined here, we will offer partial refund on our hosting packages. To obtain a refund, you must notify us 7 working days in advance in writing. We charge a standard rate of £9.99 admin fee when issuing a refund.
TERM AND TERMINATION
This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
ENOISE shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
Either party may terminate this Agreement forthwith by notice in writing to the other if:
- the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
- the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
- the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
- the other party ceases to carry on its business or substantially the whole of its business; or
- the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
On termination all data held in the customers account will be deleted.
Termination of any service provided by ENOISE must be requested in writing with a minimum of 7 days notice. If ENOISE wishes to terminate a service for any reason we will give 7 days notice of our intention (except breach of UK laws by the website owner).
DOMAIN NAME REGISTRATION
Whilst ENOISE cannot guarantee that a particular domain name will be available, we will search for suitable, available alternatives on request. All clients holding a domain must comply with the terms and conditions of the authority responsible for regulating the respective domain. Nominet UK regulates the .uk top level domain, and their terms and conditions can be obtained from http://www.nic.uk/.
The authorities responsible for regulating domain registrations charge an annual fee to ensure the domain name is retained by the holder and cannot be registered by someone else. Non-payment of the annual fee will result in the domain name being released as available to other users. ENOISE charges a fee for the registration of the domain name for a period of one or two years. This fee includes the fees to the regulatory authorities.
In all circumstances, the holder of the domain name will be responsible for ensuring renewal fees are paid. ENOISE will accept no responsibility for the loss of domain names or websites due to a client's failure to pay the required fees. The holder of a domain to be used in any ENOISE project must ensure that administrative control of the domain is released from any previous web services provider before any work is undertaken.
Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it ENOISE will provide a full refund for that domain name.
Please see the other links under the "Legal stuff" heading (that's on the top left corner of this page) for further conditions applying to domain name registrations.
SERVICE LEVELS AND DATA BACKUP
ENOISE shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, ENOISE makes no warranties or representations that the Service will be uninterrupted or error-free and ENOISE shall not, in any event, be liable for interruptions of Service or downtime of the server.
ENOISE carries out data backups for use by ENOISE in the event of systems failure. ENOISE do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly ENOISE accepts no responsibility for data loss or corruption.
Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.
Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
Mail boxes not accessed for 100 days or more will be deleted from the system.
ENOISE shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
Where ENOISE changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
ALTERATIONS AND UPDATES
All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform ENOISE and the password will be changed.
ENOISE communicates with it's customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.
ENOISE may assign or otherwise transfer this Agreement at any time.
The Customer may not assign or otherwise transfer this Agreement or any part of it without ENOISE's prior written consent.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
ENOISE reserves the right to change the contents of these terms and conditions at any time.
If you have any queries relating to our standard terms and conditions of business, email us at [email protected]