Terms and Conditions
You indicate acceptance of these terms and conditions of service by placing an order with
Eye Creative Cervices. These terms and conditions will not be varied for individual customers.
1 DEFINITIONS
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "downtime" means any service interruption in the availability to visitors of the Website;
1.1.2 "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;
1.1.3 "Eye Creative Cervices" means Eye Creative Cervices;
1.1.4 "IP address" stands for internet protocol address which is the numeric address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment operated by Eye Creative Cervices in connection with
the provision of the Services;
1.1.7 "the Services" means web hosting, domain name registration, email and any other services or facilities
provided by Eye Creative Cervices.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "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";
1.1.10 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at http//:www.eie-cs.com.
shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only
and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
2 INTRODUCTION
2.1 The Customer wishes to provide Eye Creative Cervices with data that will be hosted on Eye Creative Cervices's
servers and made accessible via the Internet.
2.2 COMPANYNAME provides web hosting services and has agreed to host the Customer's data upon the
following terms and conditions.
3 DUTIES
3.1 Eye Creative Cervices shall provide to the Customer the Services specified in their order subject to
the following terms and conditions.
3.2 The Customer shall deliver to Eye Creative Cervices the website and the software used in the website
which is owned by the Customer, or licensed to him by a third party or Eye Creative Cervices
("the Customer Software), in a format specified by Eye Creative Cervices.
4 CHARGES ,PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including
Switch/Maestro) and direct debits
4.2 Eye Creative Cervices do not accept cheques, bank transfers, postal orders, cash or any other form
of payment other than those outlined in 4.1
4.3 The Charges are exclusive of VAT, which if payable shall be paid by the Customer.
4.4 Eye Creative Cervices 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.
4.5 Eye Creative Cervices do not provide credit facilities.
4.6 From time to time Eye Creative Cervices may make enquiries on the Customers company, proprietor or
directors of the Customers company with credit reference agencies.
These agencies may record that a search has been made and share this information with other businesses.
4.7 Eye Creative Cervices provide "Money-Back Guarantees" on certain products. Should your product
qualify for this guarantee please raise a support ticket at URL within 30 days of placing your order for
a full refund. This guarantee excludes domain names which may not be cancelled once ordered.
Customers are limited to using the money-back guarantee once.
4.8 Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.
4.9 Should your chosen payment method fail Eye Creative Cervices will attempt to settle your invoice using
any other payment facilities available on your account.
4.10 All services will renew until cancelled by the customer. Eye Creative Cervices emails the customers
primary email address prior to renewal of services, it is the customers responsibility to cancel services
prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least
72 hours before a service is renewed if they wish to cancel that service. The cancellation process must
be fully completed by you before your account is cancelled.
5 IP ADDRESSES
5.1 Eye Creative Cervices 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.
5.2 Where Eye Creative Cervices changes or removes any IP address it shall use its reasonable endeavours
to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to Eye Creative Cervices ("Eye Creative Cervices's
software") in order to use the Services, Eye Creative Cervices grants to the Customer and its employees,
agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable,
non-exclusive licence to use Eye Creative Cervices Software in object code form only, in accordance with
the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the
Customer any right, title, interest or intellectual property rights in Eye Creative Cervices Software.
6.2 In relation to Eye Creative Cervices's obligations under this Agreement in connection with the
provision of the Services, the Customer grants to Eye Creative Cervices a royalty-free, world-wide,
non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images,
moving images, sound, illustrations and other material and related documentation featured, displayed or
used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does
not transfer or grant to Eye Creative Cervices any right, title, interest or intellectual property
rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or
sublicense Eye Creative Cervices Software.
6.4 Eye Creative Cervices may make such copies of the Customer Content as may be necessary to perform
its obligations under this Agreement, including back up copies of the Content. Upon termination or
expiration of this Agreement, Eye Creative Cervices shall destroy all such copies of the Content and
other materials provided by the Customer as and when requested by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 Eye Creative Cervices 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, Eye Creative Cervices makes no warranties or representations that the Service will be uninterrupted
or error-free and Eye Creative Cervices shall not, in any event, be liable for interruptions of Service
or downtime of the server.
7.2 Eye Creative Cervices carries out data backups for use by Eye Creative Cervices in the event of
systems failure. Eye Creative Cervices do not provide data restoration facilities for individual customers.
Even though every effort is made to ensure data is backed up correctly Eye Creative Cervices accepts no
responsibility for data loss or corruption.
8 ACCEPTABLE USE POLICY
8.1 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:
8.1.1 use the Services or the website in any way to send unsolicited commercial email or "spam", or any
similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or result of affecting the performance
of any computer facilities;
8.1.3 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;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity)
of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the Website;
virus, worm, trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of Eye Creative Cervices's
network or the Services which are identified as restricted or confidential. This includes leaving your
home directory whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server processes.
8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt,
Eye Creative Cervices is not obliged to monitor, and will have no liability for, the content of any
communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 Eye Creative Cervices
shall be entitled to withdraw the Services and terminate the Customer's account without notice.
9 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 Eye Creative Cervices
and the password will be changed.
10 WARRANTIES
10.1 The Customer warrants and represents to Eye Creative Cervices that Eye Creative Cervices's use of the
Content or the Customer Software in accordance with this Agreement will not infringe the intellectual
property rights of any third party and that the Customer has the authority to license the Content and the
Customer Software to Eye Creative Cervices as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement,
whether oral or in writing or whether imposed by statute or operation of law or otherwise, including,
without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are
hereby excluded. In particular and without prejudice to that generality, Eye Creative Cervices shall not be
iable to the Customer as a result of any viruses introduced or passed on to the Customer.
11 INDEMNITY
The Customer agrees to indemnify and hold Eye Creative Cervices and its employees and agents harmless
from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to
any claims or actions brought against Eye Creative Cervices arising out of any breach by the Customer of
the terms of this Agreement or other liabilities arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit Eye Creative Cervices's liability for
death or personal injury resulting from Eye Creative Cervices's negligence or that of its employees,
agents or sub-contractors.
12.2 The entire liability of Eye Creative Cervices to the Customer 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.
12.3 In no event shall Eye Creative Cervices be liable to the Customer for any loss of business, loss of
opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever.
This shall apply even where such a loss was reasonably foreseeable or Eye Creative Cervices had been made
aware of the possibility of the Customer incurring such a loss.
13 TERM AND TERMINATION
13.1 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.
13.2 Eye Creative Cervices 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.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 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
13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any
circumstances; or
13.3.3 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
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 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.
13.4 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.
13.5 On termination all data held in the customers account will be deleted.
14 ASSIGNMENT
14.1 Eye Creative Cervices may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without
Eye Creative Cervices's prior written consent.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or
failure results from events or circumstances outside its reasonable control, including but not limited to
acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities
or any telecommunications carrier, operator or administration or other competent authority, the act or
omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply
by third parties of equipment or services, and the party shall be entitled to a reasonable extension of
its obligations after notifying the other party of the nature and extent of such events.
16 SEVERANCE
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any
Court of competent jurisdiction such provision shall be severed and the remainder of the provisions
hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid
illegal or unenforceable provision eliminated.
17 NOTICES
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery
to the address of the other party as appearing in this Agreement or such other address as such party may
from time to time have communicated to the other in writing, and if sent by email shall unless the contrary
is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served
on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be
served 2 days following the date of posting.
18 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the subject matter and
supersedes any previous agreements, arrangements, undertakings or proposals, oral or written.
This Agreement may be updated without notice.
19 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.
20 DOMAIN NAME REGISTRATION
20.1 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 Eye Creative Cervices will provide a full refund for that domain name.
20.2 Please return to the main terms and conditions area of this website to view terms and conditions
for individual domain name registrars.
21 SCRIPTING
Eye Creative Cervices are not responsible for customer programming issues other than ensuring that
programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.
22 PRIVACY
To protect your privacy we will not distribute your details to third parties, unless required to do so
by law.
23 DATA TRANSFER
23.1 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.
23.2 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.
24 SERVER USAGE
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.
25 AFFILIATE PROGRAMME
Commission earned via the affiliate programme will only be paid by using a valid direct debit/credit
mandate on your account. It is the customers responsibility to ensure they have this facility.
In the event of the customer not being able to obtain this facility then no commission will be paid.
26 EMAIL NEWSLETTER
Eye Creative Cervices 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.
27 WEBSPACE USAGE
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.
28 MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from the system.