Please print these terms and conditions for your records
The following terms and conditions apply to all website development/design services provided by Sirius Solutions to the Client.
1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
2. Charges
Charges for services to be provided by Sirius Solutions are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Sirius Solutions reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
3. Client Review
Sirius Solutions will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Sirius Solutions otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Sirius Solutions will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Sirius Solutions receiving initial payment, unless a delay is specifically requested by the Client and agreed by Sirius Solutions.
In return, the Client agrees to delegate a single individual as a primary contact to aid Sirius Solutions with progressing the commission in a satisfactory and expedient manner.
During the project, Sirius Solutions will require the Client to provide website content; text, images, movies and sound files
5. Failure to provide required website content
For the sake of efficiency, we must ensure that the work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go-ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system you are able to keep your content up to date your self.
6. Payment
Invoices will be provided by Sirius Solutions upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
7. Additional Expenses
Client agrees to reimburse Sirius Solutions for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography etc.
8. Web Browsers
Sirius Solutions makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Sirius Solutions cannot guarantee correct functionality with all browser software across different operating systems.
Sirius Solutions cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Sirius Solutions reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
9. Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Sirius Solutions's Webspace, Sirius Solutions will, at its discretion, remove all such material from its web space. Sirius Solutions is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Sirius Solutions reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Sirius Solutions in enforcing these Terms and Conditions.
10. SERVICES
10.1 Sirius Internet Solutions will use reasonable efforts to supply a continuous service. However, Sirius Internet Solutions is not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the customer. Sirius Internet Solutions is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.
10.2 You agree that Sirius Internet Solutions is not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise. Sirius Internet Solutions is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of UK or other applicable law.
10.3 Sirius Internet Solutions's customers are liable for all charges levied by their telephone service provider arising from the Customer's use of the Services.
10.4 From time to time Sirius Internet Solutions or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting parts of it down. Sirius Internet Solutions will give as much notice as possible and shall try to keep this work to the period specified in the notice. Sirius Internet Solutions accepts no liability whatsoever arising from such a suspension of the service.
10.5 The Customer agrees that they will not reassign or transfer any part of the Services.
10.6 YOU acknowledge and agree that details of YOUR name, address, telephone and fax numbers together with email address(es) and assigned IP Addresses may be released to the RIPE NCC to ensure that both WE and YOU fulfil their obligations under prevailing RIPE policies and that such data may be published in whole or in part in the RIPE WHOIS database.
10.7 License costs of all third party applications and software offered with our plans are subject to change without written intimation.
10.8 Sirius Internet Solutions reserves the right to pass on any additional charges/price increases as a result in price changes from third party software and license vendors irrespective of the hosting cycle.
11. BANNED CONTENT
11.1 Customers must use the Services provided for lawful, authorised purposes only. Transmission, storage, or presentation of any information, data or material in violation of any British law is prohibited. The list of banned content includes, but is not limited to :-
(a) Illegal Material - This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
(b) Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide "links to" or "how-to" information about such material.
(c) HYIP - We do not allow any HYIP sites or sites that link to or have content related to HYIP sites.
(d) Proxy - We do not allow any proxy set-ups or connections or any sort of activity through remote proxy connections on our Shared Hosting, Reseller Hosting, VPS Hosting and Dedicated Servers. The first offence committed by the Customer will result in the suspension of their Account. Any second violation will result in immediate Account termination.
(e) IRC Hosts - Hosting an IRC server that is part of or connected to another IRC network or server or has a connection to an IRC network. Servers or virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any second violation will result in immediate account termination.
(f) Defamatory content - any website content that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.
(g) Bit Torrents: Use of software and scripts for "bit torrents" or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms.
11.2 We are under no obligation to edit, review or modify the contents of your website. However, we reserve the right to remove any content without notice. For the avoidance of doubt, we do not pro-actively monitor messages that you may post on our managed sites, but we reserve the right to remove such message at our sole discretion.
11.3 Any Customer found to be using the Services for any of the purposes contained in Clause 3.1 may have their account terminated without notice.
11.4 The Customer agrees to fully and effectively indemnify Sirius Internet Solutions against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by Sirius Internet Solutions in consequence of the Customers breach or non-observance of this Clause 3.
11.5 The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against Sirius Internet Solutions arising from breach or breaches of this Clause 3. Sirius Internet Solutions may in its absolute discretion defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide Sirius Internet Solutions with the assistance necessary to defend such claims, at the Customer’s sole expense.
12. ADULT CONTENT
We allow websites with legal adult content only. We do not allow pornographic or sexually-explicit images of children or any pictures/video which are obtained illegally to host on our servers.
13. SIZE LIMITATIONS
You agree and understand that the maximum size of a single MS SQL database will not exceed 400 MB irrespective of the web space allocated to the hosting account and that the size of each mailbox will be limited to 500 MB on all our Windows Shared and Reseller hosting services.
14. SERVER / RESOURCE / STAFF ABUSE
7.1 You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited and that we take no responsibility for the use of our clients' accounts.
7.2 If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.
7.3 If you operate any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites, we reserve the right to impose new terms on you in exchange for the current terms that you enjoy (i.e. an upgrade). You are allowed to use up to 25% of total resources available on a shared server and if your account continues to use more than 25% of the resources, it will result in suspension.
7.4 Denial of Service (DOS) attacks directed at Sirius Internet Solutions, or any attempts to launch a DOS attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of your Account.
7.5 Sirius Internet Solutions reserves the right to disable/delete any feature or application provided on shared hosting service without notification if that feature/application is found to be detrimental and/or is hampering the web servers' overall health and performance.
7.6 If you are in any way disrespectful towards any member of the Sirius Internet Solutions staff we have full right to terminate your account with us without any refund.
15. BANDWIDTH
15.1 If your account exceeds the bandwidth limit, we will inform you. If you do not wish to purchase extra bandwidth or upgrade your Account and continue to exceed the limit, the Account shall be suspended until you demonstrate to us that you have taken measures to ensure that the limit won’t be exceeded again or upgrade your account, whichever is earlier. The Account will be reactivated in the following month.
15.2 Some plans are provided with unmetered bandwidth. Unmetered means that we do not accurately record and then enforce the bandwidth usage of your plan unless it is deemed to be using an excessive amount. An excessive amount is classed as either using more than 15% of the total bandwidth available to any single physical server or that your usage is such that it is affecting the performance of the server to the detriment of other clients as determined by our engineers. When such events occur, we reserve the right to immediately suspend service if the level of use is at risk of causing a disruption to other users. In other cases, we will attempt to communicate with you to discuss said usage. We reserve the right to charge additional fees if the normal usage of your site frequently exceeds this usage. If said charges are not acceptable to you, we will attempt to provide a reasonable time frame for you to move services.
16. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)
16.1 You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. Sirius Internet Solutions would be the sole arbiter as to what constitutes a violation of this Clause.
16.2 You agree and understand that we have set a limit of 100 outgoing emails per hour on windows shared and reseller hosting, 300 outgoing emails per hour on Linux shared and reseller hosting, 500 outgoing emails per hour on VPS Hosting, 1000 outgoing emails per hour on Cloud Hosting and 3600 outgoing emails per hour on Dedicated Hosting to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists.
17. CONTROL PANEL SUPPORT
17.1 You agree and understand that our staff members will not help you over live chat, ticket or phone support to setup email accounts, sub-domains, add-on domains or install any of the applications. We have restricted our staff from the client control panel login. Customers are expected to go through our Flash Tutorials as well as our knowledgebase to understand all features of respective control panels.
Our support team will assist you with any of the functions which won't work or if there are any server-side problems that need to be rectified from our end. Customers may consider help from our forum to get detailed information from other forum members, however basic tasks that can be managed from the control panel are expected to be resolved from the Customer’s end only.
17.2 You will need to upload your website from your end using file manager or FTP software. Databases should be uploaded from PHPMyAdmin and sub accounts like FTP, Mailboxes, Sub-domains, Add-on domains, Parked domains which should be setup from the client's end only.
18. SECURITY AND VIRUSES
18.1 You are responsible for any misuse of your Account and you must take steps to ensure that others do not gain unauthorized access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorised access to another network or server.
18.2 Your password provides access to your Account. It is your responsibility to keep your password secure.
18.3 Sharing your password and account access with unauthorized users is strictly prohibited. You must take care of and prevent others from using your Account since you will be responsible for the consequences.
18.4 Attempting to obtain another user's account password is strictly prohibited and will result in termination of service.
18.5 You must adopt adequate security measures to prevent or minimize unauthorised use of your Account.
18.6 You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
18.7 You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
18.8 You agree and understand that users who violate systems or network security may incur criminal or civil liability. Sirius Internet Solutions will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
18.9 You agree to complete your own tests for computer viruses in accordance with the best computing practise prior to each and every operational use of the Services
18.10 JailShell Access - We do provide ssh access on Linux shared hosting packages but for security reason, the access is restricted to specific IP's only. In order to avail the services, you must have a local network connection with static IP address or else every time you will have to contact our support team to white list your current IP address.
19. SERVER / RESOURCE / STAFF ABUSE
19.1 You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited and that we take no responsibility for the use of our clients' accounts.
19.2 If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.
19.3 If you operate any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites, we reserve the right to impose new terms on you in exchange for the current terms that you enjoy (i.e. an upgrade). You are allowed to use up to 25% of total resources available on a shared server and if your account continues to use more than 25% of the resources, it will result in suspension.
19.4 Denial of Service (DOS) attacks directed at Sirius Internet Solutions, or any attempts to launch a DOS attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of your Account.
19.5 Sirius Internet Solutions reserves the right to disable/delete any feature or application provided on shared hosting service without notification if that feature/application is found to be detrimental and/or is hampering the web servers' overall health and performance.
19.6 If you are in any way disrespectful towards any member of the Sirius Internet Solutions staff we have full right to terminate your account with us without any refund.
20. Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
21. Indemnity
All Sirius Solutions services may be used for lawful purposes only. You agree to indemnify and hold Sirius Solutions harmless from any claims resulting from your use of our service that damages you or any other party.
22. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Sirius Solutions the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Sirius Solutions permission and rights for use of the same and agrees to indemnify and hold harmless Sirius Solutions from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Sirius Solutions that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
23. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high-quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Sirius Solutions to return to the Client any images or printed material provided for use in the creation of the Client's website, such return cannot be guaranteed.
24. Design Credit
A link to Sirius Solutions will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Sirius Solutions's portfolio.
25. Access Requirements
If the Client's website is to be installed on a third-party server, Sirius Solutions must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
26. Post-Placement Alterations
Sirius Solutions cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
27. Domain Names
Sirius Solutions may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of Sirius Solutions. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
28. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
29. Social Media Management
Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Sirius Solutions will honour the components of your chosen social media package, providing an agreement to a minimum 30 days contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
30. Governing Law
This Agreement shall be governed by English Law.
31. Liability
Sirius Solutions hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Sirius Solutions to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
32. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,