Terms of Service - General

IN THESE TERMS OF SERVICE, "You", "your", "user", "users" and "customer" refers to the customer(s) who have purchased some or all of the servicess provided by Netmotivated Ltd, "we", "us" and "our" refers to Netmotivated Ltd.

Your hosting account is available for legitimate commercial or personal use.

We do not allow Adult, Warez, illegal MP3 Sites or IRC Bots.

You may not store more data in your account than your alotted server space.

You must not divulge your account password to any unauthorised person, and you should take reasonable precautions to ensure that it is not discovered by other people.

Netmotivated Ltd perform daily backups of all data stored on their servers for the purposes of disaster recovery, however, Netmotivated Ltd shall not be held liable for any data that can not be restored from these backups. Therefore, it is strongly recommended that customers keep an independent regular backup of all data stored in their web space using the backup tools provided in your hosting control panel.

We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.

When your account is closed, all files (including web pages, etc.) will be deleted.

We reserve the right to cancel your account at any time without notice.

We reserve the right to amend and update these Terms of Service at any time without notice.

To protect your privacy we never distribute your name or e-mail address to any third parties.

Users must NOT participate in any bulk mailing from Netmotivated servers. Any account that participates in bulk mailing activity will be suspended immediately without notice.

Users must NOT run chat software within their hosting account without prior permission from Netmotivated. Any authorised use of chat software will result in account suspension.

By logging into your account, or uploading files to it, you are indicating your acceptance of these Terms of Service.

You will be responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law.

You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).

We reserve the right to remove material deemed inappropriate from your web pages, without prior notice.

Netmotivated Ltd reserves the right to suspend a customer's account, without notice, where it is deemed, at Netmotivated Ltd's sole discretion, that such accounts are monopolising server resources. Accounts suspended for this nature will only be reinstated if the customer can give credible assurance that further use of their account will not attract the same or similar levels of activity again. Should such activity re-occur from the same customer account Netmotivated Ltd reserves the right to delete that account, without notice, from our servers.

Keeping in Touch With Our Customers (and Ex-Customers)

By creating an account with us you will be opting-in to our mailing list. You can easily opt-out at any time by clicking on the unsubscribe link in any mailings that we send.

Please note: Opting-out excludes the following:

Service status notices and announcements
Invoice and billing notices
Support Ticket replies and follow-ups

Inevitably, from time to time customers will cease to use our services. For a period of 1 year after account cancellation, Netmotivated Ltd reserves to right to continue contacting ex-customers, by email where, at the point there account is cancelled, they are still subscribed to the mailing list. Ex-customers can opt-out at anytime in accordance with Anti-spam laws.

Web Hosting Support

Netmotivated Ltd will endeavour to respond to support tickets submitted as 'High' urgency via the Client Area within 1 hour, often sooner. For all other tickets submitted we will aim to respond within 1-8 hours.

Making Payments

Netmotivated Ltd allows several methods of payment:

Credit/Debit Card
Paypal
BACS / Standing Order / Bank Transfer (UK only)
Cheque (UK only)

Credit/Debit card payments:

Where the customer has selected a payment method of Credit/Debit card their services and/or products will automatically renew on the date due using the card details provided when the account was first opened. Furthermore, any new orders thereafter will also be charged automatically to that credit/debit card. Netmotivated uses SecPay to process all card payments.

An invoice will be generated when renewal is due, where applicable for any service or product the customer has purchased through Netmotivated e.g. Web Hosting, Domain Registrations etc. etc. however, for credit/debit card payments, the customer does not need to take any action upon receipt of the invoice unless they wish to cancel some or all of the services we provide. A receipt of payment will be emailed to the customer when payment is automatically generated on the date due.

Cheque Payments (UK residents and businesses only):

All Cheques should be made payable to 'Netmotivated Ltd' and sent to:

Netmotivated Ltd
17 Rusland Close
Chandlers Ford
Eastleigh
Hampshire
SO53 1SD

Please allow sufficient time for your cheque arrive.

Please note: No service will be provided or renewed by Netmotivated until the cheque has cleared.

BACS / Bank Transfer / Standing Order:

Our bank details are:

Bank Name: HSBC
Sort Code: 40-20-10
Account Number: 61468456

Please include your invoice number as your payment reference.

Please allow sufficient time for your payment arrive.

Please note: No service will be provided or renewed by Netmotivated until the payment has cleared.

Domain Name Charges

Due to fluctuating foreign exchange rates, Netmotivated reserves the right to change domain name pricing for non .uk domains at any time without prior notice. Current domain pricing will always be shown on the Netmotivated website.

Cancellation and Refunds

Netmotivated offers a 90 day money back guarantee to customers. The money back guarantee does NOT include the following:

Domain registration/transfer fees.
Accounts suspended during this period (see 'general terms' above).
Software License fees.

If you take out one of our annual packages we expect you to commit for this period of time. Because of your commitment, we offer a discount on the normal monthly price of our accounts. If you cancel your account within your service period then Netmotivated Ltd will not make any refunds on any unused portions of your account beyond our 90 day money back guarantee (see above). While we do not offer refunds for pro-rated service you have no obligation to continue using our service.

Netmotivated Ltd reserves the right to cancel the service at any time. Customer refund requests, which can not total more than remaining value of their hosting account period, are to be sent to accounts@netmotivated.co.uk and will only be processed in the cases of service non-performance where Netmotivated Ltd is clearly at fault. Refund requests for problems beyond Netmotivated Ltd's control will be refused. For example:

Domain transfer failure.
Failure of any third party script or program that's not supported by Netmotivated Ltd.
A customer's lack of experience in dealing with web basics and communication protocols.

Renewals

Renewal notices for web hosting accounts are issed to the user, by email, 7 days before expiry of the customer's hosting period. Accounts will be suspended 7 days after the invoice due date if payment is not received unless different payment terms have been agreed in writing. Where an account is suspended due to non-payment and the customer does not wish to renew their account, Netmotivated Ltd reserves to right to charge an administration fee should the customer wish to retrieve data from their account.

Renewal notices for domain name registrations are issued to the user by email up to 90 days prior to expiry date. VERY IMPORTANT NOTE: Should you allow the domain to expire, your domain will fall into a redemption period which will incur an additonal cost of £225+VAT to renew your domain.

Please note if payment is not received within 30 days after the expiry date of the customer's hosting period their hosting account and all files (including email) in their hosting space WILL BE DELETED WITHOUT FURTHER NOTICE.

It is the customer's responsibility to ensure that their billing details remain up-to-date. Customers must ensure that the email address held in our order system database is current. To view or change billing details the customer can login into their billing account at this url: https://www.netmotivated.co.uk/portal/clientarea.php.

Netmotivated Ltd will not accept an incorrect email address held in the order system database as reason for non-payment.

HELP US TO HELP YOU - KEEP YOUR INFORMATION UP-TO-DATE

Resellers / Affiliates

If you are or become a reseller or an affiliate you will continue to be bound by these Terms of Service, you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these.

You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us.

No default by your customers shall in any way affect, modify or limit your obligations under this Agreement.

We authorise you to sell our services under your own brand for the direct use of your clients only.

Servers and Service Availability

Netmotivated Ltd continually endeavours to achieve 100% uptime on all it's servers and services, however, Netmotivated Ltd, shall not, in any event, be liable for interruptions of services or down-time of the servers. Netmotivated Ltd will make all reasonable efforts to notify customers of unplanned outages and server maintenance that may require downtime.

Unauthorised Excess Bandwith Usage

Netmotivated Ltd reserves the right to charge for excessive bandwidth usage @ £1.50+VAT per Gb where such usage has not been pre-agreed.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Netmotivated Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitors fees asserted against Netmotivated Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Netmotivated Ltd against liabilities arising out of:

any injury to person or property caused by any products sold or otherwise distributed in connection with Netmotivated's server.
any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
copyright infringement.
any defective products sold to customer from Netmotivated's server.

Disclaimer

Netmotivated Ltd will not be responsible for any damages your business may suffer, Netmotivated Ltd makes no warranties of any kind, expressed or implied for services we provide. Netmotivated Ltd disclaims any warranter merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, viruses and any and all service interruptions caused by Netmotivated Ltd and its employees.

Netmotivated Ltd reserves the right to revise the above Terms of Service at any time.