1. THIS AGREEMENT is between Ultra Quick Host (UQH) and the individual who is applying for Web Hosting Services. THE CLIENTacknowledges that all the information that is submitted is true and correct to the best of his/her knowledge.
1.2 The individual hereby warrants that he/she is duly authorised to submit the subscription terms and bind the juristic entity as THE CLIENT in accordance with these terms and conditions.
2. THE CLIENT agrees that the act of submitting his subscription constitutes consent by THE CLIENT to these terms and conditions, or any amendment thereto, from time to time.
3. PROVISION OF SERVICES:
UQH agrees to provide Web-site hosting to THE CLIENT, subject to the following terms and conditions:
4. CONTENT LIABILITY AND INDEMNIFICATION:
4.1. THE CLIENT acknowledges that UQH does not regulate or take any responsibility for the content of THE CLIENT's page or for the security of THE CLIENT's password.
4.2. THE CLIENT warrants that it has all rights necessary to lawfully submit any information or materials that it is uploading or transmitting to UQH, including all intellectual property rights.
4.3 THE CLIENT bears sole responsibility for supplying UQH with all textual information for the construction of the website, as well as all images to be used on the websites, as well as any other information required such as maps, directions, contact details etc.
4.4. THE CLIENT agrees to indemnify UQH against actions brought by a third party as a result of such material or information, or as a result of THE CLIENT's use in any way of the Services provided by UQH.
5. CONTRACT TERMINATION:
5.1. In the event that UQH at any time reasonably believes that THE CLIENT is in breach of any of the terms and conditions contained in this agreement or is using UQH services in an unacceptable manner according to the discretion of UQH, then UQH may immediately terminate this agreement without notice or liability.
5.2. THE CLIENT shall be responsible for the entire amount of the most recent statement at the time of termination.
5.3. THE CLIENT may terminate this contract at any time by giving UQH no less than one calendar month's notification. The notice period shall start upon UQH receiving a completed cancellation notice from THE CLIENT. Granting of a shorter notice period is entirely at the discretion of UQH. Such written cancellation must be submitted to UQH by FAX, registered mail or e-mail.
5.4. A cancellation will only be effected upon THE CLIENT settling the outstanding account via debit order or via cash deposit.
5.5. A cancellation request must include the reason for cancellation, instructions as to the disposal of the domain name and must indicate the date until which service is required.
5.6. Cancellations via e-mail must be sent to email@example.com. and must be sent from THE CLIENT's e-mail address we have on record.
5.7. A cancellation will not be accepted from any third party. The cancellation must be from THE CLIENT.
5.8. Any cancellation request that does not fulfil these criteria shall not be deemed valid.
5.9. THE CLIENT will be notified via e-mail, sent to the e-mail address on record, as soon as the cancellation has been processed.
6. WARRANTIES AND GUARANTEES:
6.1. UQH makes no warranties or guarantees of any kind, whether express or implied, for the services to be provided hereunder other than the guarantees as stated under the "Uptime Guarantee."
6.2. THE CLIENT agrees that UQH shall not be liable for any losses or damages of any kind to THE CLIENT or the CLIENT's Customer, including, but not limited to, those that may result from service interruption delays or non-deliveries.
7. BILLING POLICY:
7.1. Accounts 30 days past due may result in the cancellation without notification of the agreement between UQH and THE CLIENT and which may result in deletion of THE CLIENT's (but not limited to) files, including email, backups, databases and domain name.
7.2. Invoices will be issued (or re-issued) upon request.
7.3. The fee for the hosting service is payable in advance.
7.4. The yearly domain renewal fee together with an administration fee will be invoiced when it becomes due.
7.5 UQH only accepts monthly payment via internet banking or debit order.
7.6 All prices quoted are subject to change without prior warning.
8. PAYMENT VIA DEBIT ORDER:
8.1. THE CLIENT agrees that submission of bank account information to UQH constitutes authorisation by THE CLIENT for UQH to debit the specified bank account for all fees owed THE CLIENT to UQH.
8.2. The debit orders normally run on the 1st day of each month. (This may vary depending on public holidays and weekends.)
8.4. The debit order system closes on the 20th of each month. All account changes should reach us by the 18th of each month.
8.5. THE CLIENT is responsible for all bank fees, penalties or levies that are as a result of the use of a debit order. This includes any fees the bank may charge THE CLIENT as a result of THE CLIENT having insufficient funds at the time the debit order is presented.
8.6. UQH normally runs one monthly debit order per domain name.
9. ADMINISTRATION FEE & OTHER FEES:
9.1. UQH will charge an administration fee for all returned debit orders and all returned cheques irrelevant of the reason for the debit order or cheque being returned or the credit card being declined.
9.2. THE CLIENT will be liable for all costs and damages associated with intentionally or unintentionally allowing or facilitating a third party's access to UQH 's infrastructure, servers, software, hardware or bandwidth.
10. SUSPENSION AND UNSUSPENSIONS OF ACCOUNTS:
10.1. THE CLIENT's services will be suspended due to a debit order, credit card or cheque payment being returned or declined.
10.2. Notice will be issued of UQH intent to suspend a site.
10.3. UQH will not be held responsible for any damages, losses or claims as a result of a site being suspended.
10.4. Un-suspensions may take one or more working days.
10.5. THE CLIENT is still responsible for the monthly hosting fee while the site is suspended.
11. CLIENT SUPPORT: (HOSTING)
11.1. THE CLIENT is entitled to email support free of charge.
11.2. All possible advice will be given to the CLIENT free of charge.
12. SITES CONTAINING ADULT CONTENT:
12.1. The definition of "ADULT CONTENT" is at the sole discretion of UQH.
12.2. UQH reserves the right to terminate hosting agreements should the client be found to be hosting content of an adult nature.
13. DOMAIN NAMES AND DOMAIN NAME DISPUTES:
13.1. UQH will not be held liable for any disputes arising out of domain name registrations or hosting on behalf of THE CLIENT.
13.2. UQH will not be liable for damages in the event of a domain name not being registered or available for THE CLIENT's use.
13.3. UQH will not be held liable for any losses or damages THE CLIENT may suffer due to a domain name being reallocated, transferred or deleted by any Domain Name Authority or NIC.
13.4. UQH reserves the right to take ownership of any domain name upon cancellation by THE CLIENT should THE CLIENT not specify any action to be taken in regards to ownership or transfer of the domain name.
13.5 UQH will retain the ownership of the domain name in the event of THE CLIENT's account not being settled upon termination of the hosting agreement.
13.6. THE CLIENT is responsible for the costs of all yearly domain renewal fees and UQH will be responsible for the payment of such domain renewal fees upon receipt of payment from the CLIENT.
13.7. THE CLIENT should cancel all services with UQH at least 30 days before a domain name renewal to avoid a domain name being renewed.
13.8. UQH will not refund THE CLIENT for any domain name renewal fee already paid to the relevant registrar.
13.9. THE CLIENT will be responsible for all legal costs [as between attorney and own client] incurred by UQH, whether formal action is instituted or not, due to any disputes, including domain name disputes and/or claims arising out of the use or registration of the CLIENT'sdomain name, or any of the other services offered by UQH, from time to time..
14. DOMAIN NAME TRANSFERS:
14.1. THE CLIENT is responsible for the transfer of their existing domain name to UQH. UQH will attempt to assist the CLIENT where possible.
14.2. If a transfer of a domain name (or DNS information) is not successful on the first attempt, then the onus falls on THE CLIENT to continue with the transfer process.
14.3. THE CLIENT is responsible for all costs related to such a transfer.
14.4. THE CLIENT is responsible for the hosting fee from the date of set-up on UQH 's servers. UQH will not refund any hosting fees should the client fail to make the necessary changes to their DNS settings or decide not to make the changes.
14.5. THE CLIENT must submit a valid cancellation of the service in the event that THE CLIENT fails to complete the domain name transfer or DNS update.
14.6. UQH will not be held responsible for any delays caused by any Registrar.
15. COMPANIES AND CLOSED CORPORATIONS:
15.1. In the event of THE CLIENT being Company or a Closed Corporation, then the directors or members do hereby bind themselves jointly and severally as surety and co-principal debtor unto and in the favour of UQH for the value of the account in favour of THE CLIENT.
15.2. THE CLIENT hereby authorises UQH to accept any alterations, cancellations or any other instructions relating to the service provided by UQH as well as the ownership of any domain name from any company that THE CLIENT listed on application form.
16. NEW SERVICE APPLICATIONS:
16.1. UQH reserves the right to decline any new service application. Submission is no guarantee of acceptance by UQH. UQH will not provide reasons for declining a new service application.
17. AMENDMENTS TO THESE TERMS AND CONDITIONS:
17.1. These Terms and Conditions may be updated from time to time.
17.2. UQH will notify THE CLIENT of any updates by presenting THE CLIENT with an alert on the UQH website (http://www.ultraquickhost.com) that describes the changes.
17.3. Those changes will go into effect thirty (30) days after the alert is first posted. THE CLIENT's continued use of UQH's services signifies THE CLIENT's acceptance of the changes.
17.4. All objections to alterations of the Terms and Conditions should reach UQH via registered post not later that forty five (45) days after the notification has been posted on the webonline website.
17.6. THE CLIENT is responsible for visiting UQH's website on a monthly basis, so that THE CLIENT may be made aware of any notices posted in this regards.
This represents the complete agreement and understanding between UQH and THE CLIENT with respect to the subject matter herein. In the event that any term or provision of this agreement is held by a court to be unenforceable, then the remaining provisions shall remain in full force and effect. THE CLIENT certifies that he/she is of legal age in the country of his/her residence to enter into this agreement.
35. ACCEPTANCE OF TERMS:
35.1. Use of UQH 's services constitutes acceptance of the terms and conditions contained in this agreement and any amendments thereto.
WEB DESIGN SERVICES BY UQH