Terms of Service, General Terms & Conditions Definitions
RockSteadyWebsites.com
An Associated Website Of Hometwenty Products & Services, Terms of Service, General Terms & Conditions Definitions
Our services
We
provide website hosting services which encompass a number of "add ons"
such as Design & Building Custom Websites to meet customer
particular requirements; according to customer's specifications, with
no additional charge, Free of Charge Seasonally Updates, and provide
way and means for our customers to gain addition profits from
their particular website(s). Additionally, we offer access to varies
domain registration services.
Please note: by signing up for any of our services you agree to be
bound by all Hometwenty Prods & Services terms and conditions.
Documents
General Terms & Conditions
Acceptable Use Policy
Privacy Policy
Domain Registration Agreement
Fair Use Policy
Terms of Service
By signing up for the Services You warrant that You are at least 18
years old, and legally capable of entering into a binding contract; or
acting with the express permission and using the payment details of a
person or organization who in turn is agreeing to be bound by the terms
of this contract. You acknowledge and accept that Your use of the
Services must be in accordance with the General Terms & Conditions,
Acceptable Use Policy and Fair Use Policy. By nature of owning a
Hometwenty Prods & Services account, You accept these Terms of
Service.
General Terms & Conditions Definitions
"Agreement" means any agreement to which these terms & conditions are incorporated.
"Package" means a collection of Services.
"Prices" means the Prices for the Services set out in order form or as otherwise notified to You.
"Services" means the Services to be provided by Hometwenty Prods & Services.
"You/Your" means the person or company who purchases Services from Hometwenty Prods & Services.
Duration and Renewal of Services
Services for which payment is required on other than monthly basis are
available for fixed 12 month, 24 month or 36 month minimum contract
periods.
When Entering into a contract as a consumer (not in the course of
conducting business) the Consumer Protection (Distance Selling)
Regulations 2000 allow you to cancel the Contract at any time within
seven working days, beginning on the day after you receive written
confirmation of our acceptance of your order. However, by placing your
order for the Services, you agree to us commencing supply of those
Services before the seven working days cooling off period has expired.
As a result, you will not have the right to cancel the Contract under
the Consumer Protection (Distance Selling) Regulations 2000.
Digital goods
Services are delivered in electronic format.
Web hosting service is considered delivered starting from the moment it
was configured on Hometwenty Prods & Services's servers.
Domain name registration/transfer is considered done starting from the
moment that the corresponding record appeared in the domain registrar's
WHOIS database.
Client is sent a written confirmation when an above-mentioned action completes.
Cancellations
When entering into a contract as a consumer (not in the course of
conducting business) the Consumer Contracts (Information, Cancellation
and Additional Charges) EU regulations ("these regulations") allow you to
cancel the Contract at any time within 14 days, beginning on the day
after you receive written confirmation of our acceptance of your order.
However, by placing your order for the Services, you agree to us
commencing supply of those Services before the 14 days cooling off
period has expired. As a result, you will not have the right to cancel
the Contract under the regulations.
For the avoidance of doubt, any use of the Services and/or any Package
in the course of conducting business shall give rise to you being a
non-consumer and the provisions of this Agreement affecting the
statutory consumer protection you would otherwise be afforded as a
consumer shall not apply.
Unless specifically stated to the contrary in the details of the
Service and/or Package You purchase, or agreed by Hometwenty Prods & Services in
writing prior to purchase, Services are not available on a trial basis.
It is Your responsibility to ensure that the Services you purchase are
suitable for your technical requirements.
You are entitled to cancel the services by submitting cancellation
request using online account management interface no less than one day
prior to the next payment date of that service. Once Hometwenty Prods & Services
accept your cancellation request you will be provided with written
confirmation. Cancellation requests will not be deemed to have been
received and accepted until we have issued our written confirmation to
you.
Cancellations are processed within 24 hours after receipt of confirmation.
Hometwenty Prods & Services reserves the right to cancel and/or suspend Your
Service at any time without notice if You breach these General Terms
& Conditions and/or the Domain Registration Terms & Conditions
and/or our Acceptable Use Policy and/or Fair Use Policy.
Money Back Guarantee
You are entitled for reimbursement of all fees paid to Hometwenty Prods & Services
excluding domain related payments and payments for one-time billed
account addons if Services cancellation request was submitted within 30
days from the date initial order for these services was placed.
To apply for reimbursement a written request must be submitted using
online Hometwenty Prods & Services account management interface. Such request shall
be submitted within 30 days from the date payment was made.
Money Back Guarantee is not available where the Customer has breached
any part of the Hometwenty Prods & Services General Terms & Conditions and/or
our Acceptable Use Policy or whose account has been suspended or
terminated as a result of any such breach.
Refunds
Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.
In the event that Hometwenty Prods & Services cancels Your Service for reasons
other than Your breach of contract, You will be entitled to a pro rata
refund based upon the remaining period of Your current contract term.
If You contravene Your Agreement with Hometwenty Prods & Services,
a refund will not be issued in the event of a cancellation.
Domain related payments are non-refundable as domain registration can
not be cancelled and domain remains usable and active during the entire
period of registration.
Payments for one-time billed account addons are non-refundable.
Credit notes can only be used for payment (or partial payment) of Your Service, and are non-refundable.
Unused reseller funds on account will only be recoverable when the account is closed.
Refund requests shall be processed within 14 working days from the date
such request was received. We reserve the right to issue reimbursement
using payment method other than used to commit initial transaction.
Payment
All Services and Packages must be paid for in advance in accordance
with the specific provisions of that Service or Package. By signing up
for a Hometwenty Prods & Services account You agree to commit to the contract for
the fixed term. It is not possible to provide early payment and
terminate the contract prior to the expiry of the fixed term.
Payment will be due on the basis of the Service and/or Package You have
selected. If You have purchased Services on a fixed 12 month, 24 month
or 36 month basis then You will be required to pay on the payment plan
You selected, paying in advance. Otherwise, payment will be required
monthly in advance.
You will be invoiced automatically for the next pre-paid period on the
basis of your current payment plan shortly before the expiry of the
current pre-paid period unless You have cancelled the Services in
accordance with cancellation procedure outlined in this document.
Payment of the Price will be taken via the payment method specified
within the control panel and will be non-refundable. In cases of failed
payment, the invoice will become due and payable to Hometwenty Prods & Services in
its entirety.
Hometwenty Prods & Services reserves the right to change the Prices and/or nature
of its Services by giving You written notice of those changes. Notice
of changes to Prices and/or Services will be given by e-mail to the
e-mail address held in Your Hometwenty Prods & Services Account. If You have
already purchased a particular Service then the change in the Price or
nature of that Service will only become effective when the Service
reaches the end of its current term. You will be charged the new Price
when the Service is automatically renewed at the end of the current
term.
All payments must be made in US Dollars, inclusive of applicable taxes.
You warrant that You are authorized to make payment using the payment
card or facility You disclose to Hometwenty Prods & Services. In
the event that You
are not the named card holder, You acknowledge that You and the party
who is the named card holder both accept Hometwenty Prods &
Services's Terms &
Conditions and are jointly and severally liable for the payment of all
Prices for which payment will be taken from the payment card. You will
indemnify and hold Hometwenty Prods & Services harmless in the
event that the
cardholder or issuer declines any transaction for payments to
Hometwenty Prods & Services, including all of Hometwenty Prods
& Services costs in
administering Your non-payment and obtaining payment of those Prices
due.
Hometwenty Prods & Services reserves the right to suspend all
Services until
payment is received in full and all outstanding debt is cleared. Any
non-payment of a recurring invoice may be subject to an administration
charge. You are responsible for all money owed on the account from the
time it was established until Hometwenty Prods & Services accepts
Your cancellation
request. You are responsible for any additional costs incurred by
Hometwenty Prods & Services in the collection of outstanding debt.
You are required to have a valid email address at all times, failure to
do so may result in automatic suspension of Your account.
Payments processed by PayPal are subject to PayPal's terms and
conditions of Service, and Hometwenty Prods & Services makes no representations or
warranties with respect to those Services.
No bills or invoices will be sent by regular mail. All invoices will be
sent directly to You via email shortly before or after the purchase or
automated renewal transaction is completed.
If You fail to pay all Prices due, Hometwenty Prods & Services reserves the right
to interrupt, suspend or cancel the Services to You. Such interruption,
suspension or cancellation does not relieve You from paying all
contractually obligated invoices to Hometwenty Prods & Services.
Please refer to Domain Registration Terms & Conditions including, but not limited to, the specific payment policies.
Any unused Credit notes on Your Account will be taken in payment of
Your Service. Where the value of the unused Credit note is less than
the total payment due, the remainder of the balance will be taken from
the current payment method on Your account.
Credit card charges will appear on your statement as "HOMETWENTY*INV ######" where hash signs represent the invoice number.
Chargebacks
If You withdraw any payments made via a bank, credit card or PayPal
account (a "chargeback") Hometwenty Prods & Services will either defend such
chargebacks directly with the card issuer, or take appropriate steps to
recover the original monies from You in addition to an administration
fee for each chargeback raised.
If a chargeback is made, Hometwenty Prods & Services reserves the right to
immediately interrupt, suspend or cancel all services within your
Account. Such interruption, suspension or cancellation does not relieve
You from paying all contractually obligated invoices to Hometwenty Prods & Services.
Appropriate Service use
Hometwenty Prods & Services reserves the right to refuse Service and/or access to its servers and/or Services to anyone.
Hometwenty Prods & Services does not allow any content which breaches our
Acceptable Use Policy to be stored on its servers. Hometwenty Prods & Services
reserves the right to remove content from the Services or suspend the
Services immediately where it reasonably suspects such content breaches
the Acceptable Use Policy.
Hometwenty Prods & Services shall notify You if it becomes aware of any allegation
that You breach the Acceptable Use Policy or Fair Use Policy.
Refusal of Service based on the content being contrary to our
Acceptable Use Policy or Fair Use Policy is entirely at the discretion
of Hometwenty Prods & Services.
Hometwenty Prods & Services reserves the right to move Your data to a different server with no
prior notice.
You shall indemnify Hometwenty Prods & Services against all damages, losses and
expenses arising as a result of any action or claim that the data,
content and/or any other material breaches the Acceptable Use Policy or
Fair Use Policy.
In the event that Hometwenty Prods & Services removes data or content from the
Services and/or suspends Your site pursuant to Acceptable Use Policy or
Fair Use Policy, and later reinstates such content and/or resumes the
Services, You shall indemnify Hometwenty Prods & Services against all damages,
losses and expenses arising as a result of any action or claim that
such content and/or data and/or the Services Your site breaches the
Acceptable Use Policy or Fair Use Policy.
A $10 domain deletion fee will be assessed in the event that Hometwenty
Prods & Services deletes the domain registration pursuant to
Acceptable
Use Policy.
Scheduled maintenance
To guarantee optimal performance on the servers, it is necessary for
Hometwenty Prods & Services to perform routine maintenance. Such
maintenance often
requires taking Hometwenty Prods & Services Services off-line,
typically performed
during off-peak hours. Hometwenty Prods & Services will give You
advance notice of
maintenance requiring the Services to be taken off-line whenever
possible by publishing notice on the Hometwenty Prods & Services
website.
Support
We will endeavor to provide a continuous high quality service. If You
experience problems with Your Service, You should consult Hometwenty Prods & Services support ******
Please note we may require suspension of some of Hometwenty Prods &
Services
Services for short scheduled periods to carry out maintenance or repair
to Hometwenty Prods & Services Services. You as the customer will
be notified, in advance, of any and all such scheduled down period(s)
for the purpose of maintenance or repairs or
any interruptions to Hometwenty Prods & Services Services.
Reselling of Services
All Services are intended for use by the primary owner only, should you
choose to resell, store or give away web-hosting Services to other
parties You agree that such activity will be undertaken at your own
risk. You also accept responsibility for ensuring that all end users
abide by these terms of service.
Hometwenty Prods & Services accept no liability to you or any third
parties for losses arising from the Reselling of services.
Hometwenty Prods & Services reserve the right to suspend access to the automated
management facilities of the Reseller account including the API
(Application Programming Interface) if a customer's use is deemed to be
affecting the platform for which Hometwenty Prods & Services delivers the Services.
Data
All data created or stored by You within Hometwenty Prods & Services's applications
and servers are Your property. Hometwenty Prods & Services shall allow access to
such data by only authorized Hometwenty Prods & Services personnel. Hometwenty Prods & Services
makes no claim of ownership of any web server content, email content,
or any other type of data contained within the accountholder's server
space or within applications on Hometwenty Prods & Services's servers.
Hometwenty Prods & Services maintains backups of its servers and infrastructure
pursuant to its own archiving and business continuity procedures. In
the event of loss of or damage to your data relating to actions made by
You or on Your behalf you will not be given access to any data stored
as part of these procedures.
In the event of loss of or damage to your data relating to a failure in
Hometwenty Prods & Services systems or servers, Hometwenty Prods
& Services will make
reasonable commercial efforts to assist you in the restoration of your
data, however You accept full responsibility for maintaining adequate
backup copies of all your data.
You shall indemnify Hometwenty Prods & Services against all damages, losses and
expenses arising as a result of any action or claim that the content or
data of Your site or content or data accessed from or published as part
of the Services infringes the intellectual property rights of a third
party.
Passwords
It is the account owner's responsibility to keep his/her password(s)
confidential, and to change the password on a regular basis. Hometwenty
Prods & Services is not responsible for any data losses or security
issues due to stolen passwords or any passwords that You have
intentionally or accidentally disclosed to any third party.
You accept full responsibility for any purchases or modifications made
within your control panel by You or by third parties using your account
password.
Your personal details
You warrant that the contact information that you provide to us on
establishment of your account is correct, and that You accept
responsibility for keeping this information up to date at all times.
You agree that we may suspend access to your account and the Services
if we reasonably believe that the information you have supplied is
inaccurate.
Please note that whilst Your email is primarily used for billing
purposes, Hometwenty Prods & Services reserves the right to email You information
about its product offerings. You can unsubscribe from marketing
communications within Your Hometwenty Prods & Services control panel.
Hometwenty Prods & Services will not provide any of Your personal information to
other companies or individuals without Your permission unless required
to do so by law. However, Hometwenty Prods & Services may need to provide Your name
and delivery address to third parties that Hometwenty Prods & Services may use for
the purposes of delivering specific Services to You (e.g. customer
support). For more information about how Hometwenty Prods & Services will collect
and use Your personal information please read Hometwenty Prods & Services's privacy
policy.
Disclaimers and Warranties
Hometwenty Prods & Services does not back up your data/website and whilst every
attempt would be made in the unlikely event of any corruption or
hardware failure, Hometwenty Prods & Services cannot guarantee to be able to
replace lost data. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all Service interruptions
caused by Hometwenty Prods & Services.
Hometwenty Prods & Services makes no warranties or representations that any Service
will be uninterrupted or error-free. You accept all Services provided
hereunder "as is" without warranty of any kind.
So far as permitted by law and particularly in respect of
non-consumers, all implied conditions, warranties and terms (whether
express or implied by statute, common law, custom or otherwise)
including, but not limited to, those relating to the exercise of
reasonable care and skill, fitness for purpose and satisfactory quality
(where applicable) are hereby excluded in relation to each of the
Services to be provided hereunder to the fullest extent permitted by
law.
For the avoidance of doubt, any use of the Services and/or any Package
in the course of conducting business shall give rise to you being a
non-consumer and the provisions of this Agreement affecting the
statutory consumer protection you would otherwise be afforded as a
consumer shall not apply.
Liability
Hometwenty Prods & Services shall not be liable for any loss or damage of
whatsoever nature suffered by You arising out of or in connection with
any breach of this Agreement by You or any act, misrepresentation,
error or omission made by You or on Your behalf.
Hometwenty Prods & Services will not be liable for any indirect loss, consequential
loss, loss of profit, revenue, data or goodwill howsoever arising
suffered by You or for any wasted management time or failure to make
anticipated savings or liability You incur to any third party arising
in any way in connection with this Agreement or otherwise whether or
not such loss has been discussed by the parties pre-contract or for any
account for profit, costs or expenses arising from such damage or loss.
No matter how many claims are made and whatever the basis of such
claims, Hometwenty Prods & Services's maximum aggregate liability to You under or
in connection with this Agreement in respect of any direct loss (or any
other loss to the extent that such loss is not excluded by other
provisions in this Agreement) whether such claim arises in contract or
in tort shall not exceed a sum equal to the fees paid by You for the
Services in relation to which Your claim arises during 1 month period
prior to such claim.
None of the clauses herein shall apply so as to restrict liability for
death or personal injury resulting from the negligence of Hometwenty Prods & Services, its employees or its sub-contractors.
Hometwenty Prods & Services shall not be liable for any
interruptions to the Services or outages arising directly or indirectly
from:
interruptions to the flow of data to or from the internet;
changes, updates or repairs to the network or software which it uses as a platform to provide the Services;
the effects of the failure or interruption of Services provided by third parties;
factors outside of Hometwenty Prods & Services's reasonable control;
Your actions or omissions (including, without limitation, breach of
Your obligations set out in the Agreement) or those of any third
parties;
problems with Your equipment and/or third party equipment;
interruptions to the Services requested by You.
Force Majeure
Hometwenty Prods & Services shall not be responsible for any failure to provide any
Services or perform any obligation under the Agreement because of any
act of God, strike, lock-outs or other industrial disputes [whether
involving the workforce of Hometwenty Prods & Services (or any other party)] or
compliance with any law of governmental or any other order, rule,
regulation or direction, accident, fire, flood, storm or default of
suppliers, work stoppage, war, riot or civil commotion, equipment or
facilities shortages which are being experienced by providers of
telecommunication Services generally, or other similar force beyond its
reasonable control.
Non-Waiver
The failure of Hometwenty Prods & Services to require Your performance of any
provision shall not affect the full right to require such performance
at any time thereafter; nor shall the waiver by Hometwenty Prods & Services of a
breach of any provision hereof be taken or held to be a waiver of the
provision itself.
Survival
The provisions, terms, conditions representations, warranties,
covenants, and obligations contained in or imposed by this Agreement
which by their performance after the termination of this Agreement,
shall be and remain enforceable notwithstanding termination of the
Agreement for any reason. However, neither party shall be liable to
other for damages of any sort resulting solely from terminating this
Agreement in accordance with its terms but each party shall be liable
for any damage from any breach by it of this Agreement.
Notice
You agree that any notice or communications required or permitted to be
delivered under this Agreement by Hometwenty Prods & Services to You shall be
deemed to have been given if delivered by e-mail, in accordance with
the contact information You have provided.
Governing Law
Except as otherwise set forth in the Domain Dispute Policy; as ascribed by your chosen Domain provider, Your rights
and obligations and all contemplated by this Agreement shall be
governed by the U.S. Internet Rules & Regulation with respect to EU law(s) and You submit to the exclusive jurisdiction of
the United States Of America with respect to EU laws.
Legal Fees
If any legal action or proceeding, including arbitration, relating to
the performance or the enforcement of any provision of this Agreement
is brought by any party to this Agreement, the prevailing party shall
be entitled to recover reasonable legal fees, expert witness fees,
costs and disbursements, in addition to any other relief to which the
prevailing party may be entitled.
Assignment
You shall not assign, sub-license or transfer Your rights or
obligations under this Agreement to any third party without the prior
written consent of Hometwenty Prods & Services. However, in the
event that Hometwenty Prods & Services consents to such an
assignment, sub-license or
transfer, then this Agreement shall ensure to the benefit of and be
binding upon the parties and their respective successors and permitted
assigns.
Entire Agreement
This Agreement constitutes the entire Agreement between the parties and
agreements are representations or warranties, express or implied,
statutory or otherwise and no agreements collateral here to than as
expressly set or referred to herein. This Agreement supersedes any
prior agreements, representations, statements, negotiations,
understandings, proposals or undertakings, oral or written, with
respect to the subject matter expressly set forth herein.
Amendment in Writing
We may update or amend these General Terms and Conditions, such as Website Registration Terms , the Domain
Registration Terms (exclusively of any other Domain Registrant you may have entered into agreement with) & Conditions including any technical
specification relating to the Services and/or Package, the Acceptable
Use Policy, Fair Use Policy, Privacy Policy and any information
relating to the Services/Package from time to time to comply with law
or to meet our changing business requirements. We will give You prior
notice of any changes to the Agreement and You can choose to cancel the
Services without penalty before the new terms affect you. Display of
the modified terms and conditions shall be deemed to be notice to you.
You also agree to review the terms and conditions regularly to ensure
you are aware of any modifications.
Further Assurances
The parties shall execute such further and other documents and
instruments and take such further and other actions as may be necessary
to carry out and give full effect to the transactions contemplated by
this Agreement.
Relationship of the Parties
Nothing in this Agreement shall be construed as creating an agency
relationship, partnership or joint venture between the parties.
Joint and Several Obligations
If any party consists of more than one entity, their obligations here under are joint and several.
No Third Party Beneficiaries
This Agreement does not provide and shall not be constructed to provide
any third parties, with any remedy, claim, cause of action or privilege.
Severability
In the event that any provision of this Agreement shall be
unenforceable or invalid under any applicable law or be so held by
applicable court decision, such unenforceability or invalidity shall
not render this Agreement unenforceable or invalid as a whole.
Hometwenty Prods & Services will amend or replace such provision
with one that is
valid and enforceable and which achieves, to the extent possible, the
original objectives and intent of Hometwenty Prods & Services as
reflected in the
original provision.