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bbwebhosting.net & bookahol.net

Terms and Conditions
bbwebhosting.net. and / or bookahol.net.
Terms and conditions for supply of goods or services

1. Definitions
  • 1.1 "Customer" means person, firm or company that purchases or agrees to purchase goods or services from us.
  • 1.2 "We", "Us", "Our", means bbwebhosting. Contact details: email - enquiries@bbwebhosting.net Postal Address: bbwebhosting, Wester Alligin, Achnasheen, IV22 2HD, United Kingdom.
  • 1.3 "Goods", "Products" or "Services" means the item supplied by the us as specified on the order form.
  • 1.4 "Contract" means a contract for the supply of goods and services to the customer by bbwebhosting which exists upon acceptance by us of an order from a customer
  • 1.5 Orders placed with bookahol for holiday booking and / or reservation system and / or website page(s) are subject to these terms and conditions
  • 1.6 Orders placed for holiday or accommodation bookings through the bookahol.net portal are subject to the individual website terms and conditions concerned. Bookahol.net acts merely to introduce you to these websites in these instances
  • 1.7 Applicable law. The contract shall be governed by United Kingdom law, and specifically the law of Scotland, where these differ. All alternative jurisdictions are specifically excluded including but not limited to any United Nations agreements on international trade. The full terms and conditions apply only to consumer purchases, and orders placed by businesses are not covered by the various consumer legislation contained herein - such as the Sale and Supply of Goods Act, The Distance Selling Regulations, and so forth. The terms and conditions as stated here will otherwise apply with the exclusion of the consumer legislation contained therein.

    2. Terms & Conditions

  • 2.1 These terms and conditions apply to all contracts for the sale and supply of goods and services by bbwebhosting to the exclusion of all other terms and conditions which the customer may purport to apply.
  • 2.2 We reserve the right to amend and update these terms and conditions at anytime without prior notice.
  • 2.3 If any part of these terms and conditions is held by any competent authority to be disallowable then it shall be modified only to the extent necessary to make that part allowable. Such modifications will not affect the allowability of the remaining terms and conditions.
  • 2.4 By completing the order form, or logging into their account / uploading files the customer will be deemed to have accepted and agreed to these terms and conditions.

    3. Supply

  • 3.1 We agree to provide the goods or service to the customer according to these terms and conditions. No guaranteed service level shall be deemed incorporated in to the contract.
  • 3.2 We do not guarantee any level of service, although problems will be addressed as soon as is reasonably practicable.
  • 3.3 If the customer's bandwidth or processor usage reaches the point where it has an adverse affect on other customers we reserve the right to disable services until the customer either reduces usage or purchases increased capacity.
  • 3.4 Each account includes a set amount of bandwidth, if you use more than this amount then you agree to pay for this bandwidth at the rate of £12 per 1Gb or part thereof per month. This must be paid within 14 days of notification that you have exceeded your allotted bandwidth.

    4. Price & Payment

  • 4.1 Payment by the customer will be either on an advance monthly recurring, or advance yearly single payment basis.
  • 4.2 Payment for hosting accounts is due each anniversary month or year following the date the account was established. Customers will automatically be charged again at the end of their period unless closure notification has already been given.
  • 4.3 Payment on a monthly basis will be by credit card.
  • 4.4 We reserve the right to vary the amount payable (monthly or yearly) from time to time, however we will give existing customers 30 days prior written notice by email of any such variation.
  • 4.5 We do not offer any form of credit to customers.
  • 4.6 New business. The service or account will not be activated until payment is received in cleared funds
  • 4.7 Existing accounts. If a payment is not received in full within 7 days from the due date all internet facilities for the site(s) / domain(s) will be suspended. If payment is still not made in the following 7-day period the customer's account will be deleted from our servers and all DNS services will cease. The site(s) / domain(s) will then only be re-instated once full payment of the outstanding debt has been received in cleared funds. A re-activation charge of £50.00 may also be levied
  • 4.8 Any countermanded cheque will incur an administration fee of £35.00.

    5. Termination

  • 5.1 The initial term of a hosting contract shall be the period of one month or one year as detailed on the invoice and shall commence on the date of acceptance by the customer of the system provided. Thereafter the contract will continue on a monthly or yearly basis unless terminated according to the provisions below.
  • 5.2 All account cancellations by the customer must be in writing, giving at least 7 days notice. Notifications must include user name, password and reason for cancellation. Third party cancellations are not accepted.
  • 5.3 We reserve the right to cancel the account at any time without prior notice.
  • 5.4 When the account is closed whether by 5.2, 7.7 or any sections under 9.0, all files will be deleted.
  • 5.5 Any attempt to use the Control Panel for purposes other than its intended use will result in the account being terminated.
  • 5.6 Any improper use by the customer under any sections under 9.0 will result in immediate termination of service.
  • 5.7 If a customer has ordered a service on an annual subscription we expect the customer will commit for this period of time. If the customer wishes to cancel or breaks any of the terms and conditions and their account is cancelled within this service period, we will not make any refunds for any unused portions of the customer's account. Whilst we do not offer refunds the customer will have no obligation to continue using our service.

    6. Liability

  • 6.1 In no circumstances whatsoever will we accept liability for any direct, indirect or consequential loss arising from delays or service interruptions, including but not limited to loss or income or potential loss of income, costs incurred by the customer, ISP or communications provider charges
  • 6.2 We will not accept liability for loss occasioned by computer viruses, whether introduced by our service, software or servers software or otherwise.
  • 6.3 We reserve the right to remove material which we deem inappropriate from customers web pages, without prior notice. We do not allow Warez, Illegal MP3 websites, pornography or any illegal activity on our servers.
  • 6.4 We do not accept liability for any loss or damage caused by the use, misuse, unavailability or removal of services.
  • 6.5 Whilst we will expeditiously seek domain registration where requested, we will not accept liability in the event of the domain having been registered by some other person by the time we seek registration, in which event an alternative name shall be sought or a full refund will be paid to the customer without accepting any other liability for loss or potential loss by the customer.

    7. Customer's Liability

  • 7.1 It is the customer's responsibility to install and use appropriate computer virus and firewall precautions to protect their data, site, computer, programs to their own satisfaction.
  • 7.2 Data stored on our servers is backed up. It is the responsibility of the customer to keep independent backup files of important data. We do not accept liability for any loss incurred from the customer's inability or omission to backup any files. We do not accept any liability for loss or corruption of data or programs held on our servers.
  • 7.3 Telnet shell accounts are made available for editing and setting up your website. This is not a development platform for issues unrelated to your website.
  • 7.4 Customers must not leave their allocated home directory at anytime
  • 7.5 Customers must not attempt to gain the privileges of another user.
  • 7.6 Any interference with the following files will result in your telnet access being removed -.bash_history - .bash_logout - .bash_profile - .bashvc
  • 7.7 Customers may have commercial use of web and ftp space. This privilege must not be abused. If we believe that this or any other facilities have been abused by the customer, this will result in an immediate termination of their account.
  • 7.8 The customer accepts full responsibility for the content of their sites / page(s) including obtaining the legal permissions for any works they include and ensuring that the contents of their page(s) do not violate UK or any other applicable laws.
  • 7.9 The customer accepts responsibility for and liability for any defamatory, confidential, secret or other proprietary material available via their page/s
  • 7.10 When seeking domain registration, the customer will be responsible when placing an order to ensure that the domain has not been registered by some other person.
  • 7.11 The customer will ensure and hereby affirms that bbwebhosting / bookahol will not, by the customers action or omission, be held liable in law for any matter relating to the products or services provided

    8. Password Security

  • 8.1 The customer will be allocated a login account, which is for personal use only. Customers must not divulge their password to any other person
  • 8.2 The customer shall take reasonable precautions to ensure that their password is not discovered by another person
  • 8.3 We reserve the right to change the customer's login password in the event of any suspected security breach.

    9. Improper Use

  • 9.1 Our services may only be used for lawful purposes by the customer.
  • 9.2 Any breach of 7.9 shall be deemed a material breach of the contract and will result in termination of the contract and all services provided irrespective of whether the customer is aware of the content of any material so transmitted or not.
  • 9.3 We do not allow warez, illegal MP3, pornography, IRC Bots, or any illegal activity on our servers.
  • 9.4 Customers may not store more data in their account than their allotted quota.
  • 9.5 Customers may not run server processes, such as talkers or IRC Bots from their login account.
  • 9.6 Customers must not participate in any form of unsolicited bulk e-mailing or spam.
  • 9.7 Any breach of the above provisions will result in an immediate termination of all services provided by us to the customer.

    10. Warranty

  • The Sale and Supply of Goods Regulations 2002
  • 10.1 We warrant that the service or goods you order will perform as described in the information pages supplied before you place your order
  • 10.2 Except for 10.1 we make no other guarantee or warranty whatsoever with regard to the services or goods supplied. In particular but not limited to, the following are specifically excluded from warranty - The availability of the service, system, server, software or web site / page(s); the performance of any service, system, server, software or web site / page(s); the ability of any service, system, server, software or web site / page(s) to attract or secure bookings, sales, business, contacts, leads and the like
  • 10.3 The customers sole remedy under the warranty shall be reimbursement of advance payments made, less a reduction pro-rata for such time that the service has been made available

    11.Right to Cancel

  • The Consumer Protection (Distance Selling) Regulations 2000
  • 11.1 The customer is permitted a period of seven days commencing with the day following placing of the order in which to rescind the contract and request a full refund of all payments made without giving any reason
  • 11.2 Any services provided will cease, all files will be deleted from the server, and any free domain name will be forfeited. The domain name will remain the property of bbwebhosting unless you exercise the right to transfer out and pay the appropriate fee, as detailed in section 15 below . Any products or goods supplied must be returned to bbwebhosting at the address given above, at the customers expense.
  • 11.3 The contact details to apply for a refund are by email form on the site HERE ; or by mail to bbwebhosting, Wester Alligin, Achnasheen, IV22 2HD, United Kingdom giving full details of the order and a contact address. DO NOT INCLUDE CREDIT CARD DETAILS as this form of refund will be performed automatically by PayPal ® on our behalf
  • 11.4 The refund will be made by cheque, or where payment has been made by credit card, by a refund to the credit card account used to make the payment
  • 11.5 The refund will be made within 30 days of receipt of the refund request

    12. Credit card security

  • 12.1 For your protection, we use PayPal ® to verify credit card information and collect payments on our behalf
  • 12.2 All credit card transactions are performed over a secure 128 bit encrypted link (https://www.paypal.com) and your credit card information is held only by PayPal ® and the receiving bank and is not divulged to bbwebhosting or to bookahol or to our customers or our sponsors.
  • 12.3 You will need to become a member of PayPal ® by completing the simple online form and you will be able to use your account for other transactions for example ebay ® payments, sending relatives money by email, or other forms of online shopping where supported. It normally takes about 60 seconds to verify your information, but it may take longer during certain times of the day.
  • 12.4 If you use a Visa, MasterCard, American Express, or Discover card: PayPal ® has a $1.95 Membership Fee that will be charged to your credit card when you click Submit to Secure Server on the PayPal ® registration page. This fee is refunded to your PayPal ® account once you have successfully verified your account by entering your Member Number.
  • 12.5 If you use a Switch or Solo card: Your card will receive two small charges of less than £1.00 each when you click Submit to Secure Server on the PayPal ® registration page. This fee is refunded to your PayPal ® account once you have successfully verified your account by entering your Member Number.
  • 12.6 Please note that while using the PayPal ® site you are subject to their terms and conditions, which we recommend you first read.
    (visit the PayPal ® site at www.paypal.co.uk for full information)
    13. Privacy Policy
  • 13.1 Your privacy is important to us.
  • 13.2 We collect your personal details if you make a reservation through the bookahol.net reservation system, or if you select webhosting or website design services or paper media marketing services from bbwebhosting. These details are used only to contact you about the service or reservation you have requested.
  • 13.3 Your details are used by bbwebhosting and / or bookahol solely to contact you for these purposes and are not divulged to any third party under any circumstances. We do not as a matter of policy sell your details for use as mailing lists or other undesirable uses
  • 13.4 Your details are given to the specific hotel, guest house or cottage owners in order that they may administer your booking. You are therefore subject to their own privacy policy, which we recommend you first read
  • 13.5 Obviously if we are designing a website for you or adding your property to our reservation system a certain amount of your personal information will need to be published in order for you to receive bookings or orders
  • 13.6 You will always be given the chance to proof read and approve the website or reservation system content on a private link, before the details are made available on the Web
  • 13.7 Please be aware that if you 'click through' on one of our partner links on the portal, you will then be subject to that site's privacy policy, which we recommend you first read
    14.0 Intellectual Property, Trademarks, Copyrights
  • 14.1 bbwebhosting and bookahol web pages, content, design are copyright © bbwebhosting 2003 et seq. All rights reserved
  • 14.2 All trademarks used are the property of their respective owners. bbwebhosting makes no claim on or endorsement of these trademarks
  • 14.3 Certain components of the bbwebhosting and bookahol sites contain proprietary material and or code which is copyright of our partners or suppliers, including but not limited to Microsoft Corp ® , Ray Halliwell - Hallisoft ® , PayPal ® . We make no claim on nor endorsement of these works trademarks or intellectual properties.
  • 14.4 Copyright subsists in all web pages provided for customers. Normally, websites and all content designed by bbwebhosting on behalf of a customer remain the copyright of bbwebhosting, in line with international copyright law.

    15.0 Domain names

  • 15.1 These terms do not apply to 'hosting only' customers who purchase hosting but provide and administer their own domain names and web sites.
  • 15.2 Any domain name provided as part of a managed service (such as a website created and managed on behalf of a customer) will be registered in the name of bbwebhosting. If provided free of charge as part of an initial package, the domain will be of the format '.co.uk'
  • 15.4 All domains administered by bbwebhosting are subject to an annual management fee of £9.99 (GBP) which covers monthly submission to a number of search engines of our choice (currently 10) and require to be renewed at intervals of not more than 2 years (annually in some cases). This will be done automatically for managed domains. Registration agency charges will be passed on to the customer.
  • 15.5 bbwebhosting will retain administrative control of the domain whilst it is hosted on our servers
  • 15.6 The customer is free at any time to request transfer out of the domain for hosting elsewhere upon requesting in writing or by email, including account details and password and the new ISP tag required, to the address given above. A transfer out management fee will be charged, in addition to any charges applied by the Registration Agency, and both must be received in cleared funds before the transfer will be initiated. The management fee is currently £10.00 (GBP)and for example the fee charged by Nominet is at time of writing approximately £35 (GBP) per domain name.
  • 15.7 In the event of a refund being sought under the terms of The Consumer Protection (Distance Selling) Regulations 2000, (see above) the domain name will be surrendered by the customer, and bbwebhosting will retain ownership of the domain. The customer may, however, request to purchase the domain, upon payment of a fee, currently £35.00 (GBP) which covers the transfer out fee as 15.3 above, plus an administration charge of £25.00. This is in addition to any charge applied by the Registration Agency (for example at time of writing approximately £35 (GBP) per domain name for Nominet domains.

     

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