AVDEC LTD trading as ONMEDIA TERMS & CONDITIONS
Onmedia is a trading division of Avdec Ltd. These are our terms and conditions of business. They explain the basis on which we offer our services and what you can expect from us and what we expect from you. The terms and conditions are important, and you should read them carefully. If there is anything in the terms and conditions that you do not understand please contact Avdec Ltd on 07930 287287.
In our terms and conditions we use words that have special meanings as below:-
“Fees” means the fees that we charge for hosting your web site on our server. The fees that you pay depend on the Service that you have decided to purchase.
“Service” means the service or services that you have chosen to purchase.
“we” or “us” means Onmedia, a trading division of Avdec Ltd.
1. The Service we are providing
When we have processed your order and received any fees which are due from you, we will grant you a right to use the Service. By completing your order form, you will be deemed to have agreed to a contract as laid out in the order form, and to these terms and conditions, as well as any additional terms specific to the product. Additional terms will be shown on the relevant product page of our web site at www.onmedia.co.uk. The right to use the Service is personal to you and will continue until our agreement with you comes to an end.
2. Passwords and Security
To use the Service, you will be given a password and username. It is important that you keep these secure. If you think that anyone else knows your password and/or username you must tell us immediately and change your password. We may change your password without first telling you if we think that it is being used by another person. If you are a corporate user, then the company is also responsible, together with the individual using the account.
3. Fees and charges
You agree that you will pay the appropriate Fees for the Service on time. All Fees must be paid in advance of the period of use, and payment terms are 7 days from the date of invoice. The amount payable by you will be set out on your order form. You understand and agree that if you fail to make payments of Fees when they are due, we may charge interest on late payments at an annual rate of interest equal to the base lending rate of National Westminster Bank plc plus 4%. If you fail to pay fees when they are due, or abuse the service, or monopolise resources, we may terminate or suspend the service either temporarily or permanently. If we terminate or suspend the service, we will reserve the right to not refund any fees.
Hosting products include an amount of file storage and data transfer as laid out in the package specification. Internet access packages include an amount of data transfer as laid out in the package specification. We reserve the right to charge for additional space or data transfer used at our current rates in force at any time.
4. What we expect from you
Data which you store using our services
Clients with Server, Website Hosting, and E-mail services are renting server space from Onmedia for the storage of their own data such as email, websites, databases, documents, images and other media. The client is responsible for all data which they host on our services and agree that they are the controller and processor of that data. The client agrees to comply with their lawful data protection obligations. Any content stored on the service we provide, whether a website, database, email, or other media, whether published content or not, is not subject to our Privacy Agreement. Onmedia servers merely serve such data to the recipient on your behalf, subject to our Terms and Conditions and you are responsible for all legal and data protection requirements in respect of your stored content. You are responsible for maintaining the security of your website and the software on your website to a secure standard by updating the website software to the latest secure versions as and when updates are available.
Onmedia will take all reasonable measures to ensure that the server hosting your data is secure.
You are entirely responsible for the content of your webpages. You agree to indemnify Onmedia for any claims arising from the content of your Web Site. You may not, under any circumstances, use Onmedia Internet’s services to do any of the following: publish, post, distribute, or other unlawful material or information or otherwise violate the legal rights (including rights of privacy and publicity) of others, engage in illegal or unlawful activities make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; make available / upload files that contain a virus or corrupted data falsify the source or origin of software or other material contained in a file that you make available on your web-pages act, or fail to act, in your use of the web-pages, in a manner that is contrary to applicable law or regulation. You are entirely responsible for any civil or criminal liability which is incurred because of your use of your web space. You agree to accept full responsibility for the content of your e-mail and website and agree to indemnify Onmedia against any civil or criminal liability which is incurred as a result of your use of the services. You may not use the service for the distribution of unsolicited bulk e-mail known as “Spam”. Users must not participate in any form of unsolicited bulk e-mailing or Spam.
Spam is defined as “e-mail sent to addresses that do not affirmatively and verifiably request such material from that specific sender that includes advertisements or solicitations, commercial or otherwise, regardless of content.” Without exception, Onmedia prohibits the practice of spam of any type, regardless of content, and will take action to prevent this practice. We reserve the right to terminate accounts and disallow further service without notice. Spam sent from other networks which reference e-mail accounts or websites hosted at Onmedia shall be treated as if they originated from the account referenced unless there is sufficient reason given for Onmedia operations staff to believe that the message truly originated with some unrelated party.
Likewise, postings made to the Usenet newsgroups or other online forums which reference e-mail accounts or websites hosted at Onmedia, and are deemed to be inappropriate according to the local ethical standards of that forum, may be treated in the same manner as unsolicited bulk e-mail above. The Customer is responsible for ensuring that the services obtained from Onmedia, are used in an appropriate manner by their End Users. Therefore, the Customer must take steps to manage the use of the services obtained in such a way that network abuse is minimized. The Customer must also make contact information publicly available and must respond in a timely manner to any complaints. Onmedia shall consider any complaints regarding the Customer’s End Users to apply to the Customer.
If you fail to pay fees when they are due, or abuse the service, or monopolise resources, we may terminate or suspend the service either temporarily or permanently. If we terminate or suspend the service, we will reserve the right to not refund any fees. You may terminate your agreement with us at any time of giving us notice in writing or by e-mail. We will then send you an acknowledgment of termination. Termination of the agreement will become effective at the end of the then current payment period if we have acknowledged your notice of termination at least seven days before the end of that payment period. If you receive our acknowledgment less than seven days before the end of that payment period, then the agreement will terminate at the end of the next payment period. We retain the right to terminate your right to use the Service at any time, without giving any reason.
Excessive use of server resources
If a service is found to be monopolising a system resource or is in breach of the acceptable use policy (AUP) for that product, Onmedia reserves the right to suspend that service immediately at our sole discretion. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Onmedia continues to provide the service for an additional fee.
6. What you can expect from us
We will do our best to maintain the operation of the Service in accordance with the information that you have received about it. We cannot and do not accept any responsibility for the computer equipment and telephone services that you use to access the Service. Accordingly, our liability to you, whether for breach of contract, negligence or otherwise, in respect of any defect in or discontinuance of the Service is limited to the price that you have paid to use the Service. You agree that we are not liable to you for any special or consequential damages that you may suffer because of the loss of business, contracts, profits, savings or otherwise. Onmedia will at all times use best endeavours to attempt to maintain an uninterrupted and error-free service, however Onmedia makes no representations or warranties regarding the services provided by them and do not warrant that use of Onmedia will be uninterrupted or error-free, or that Onmedia services will meet any particular criteria of performance or quality. Your use of Onmedia services is at your own risk. You accept full responsibility for such use and the risk of any loss resulting from your use of the system and the content of your pages. You also accept full responsibility for safeguarding and backing up your own data.
Domain name registrations are not guaranteed and are subject to confirmation. Onmedia does not accept liability for any special or consequential damages that you may suffer as a result of domain name registrations. Onmedia gives no warranty that the Internet Domain Name requested will not infringe the rights of any third party, and you agree to indemnify Onmedia in respect of any such infringements. Onmedia act as an agent for the naming authority and the contract for name registrations is between you and the naming authority and you are bound by the terms and conditions of the naming authority. Naming Authority terms & Conditions: –
.UK top level domains, .uk, .co.uk, .org.uk, .ltd.uk, .plc.uk: http://www.nominet.uk/resources/policy/policies-rules/
7. Personal data
Onmedia has a Data Protection Policy which forms part of this terms and conditions agreement. By agreeing to our terms and conditions, you agree that you have read and are bound by the Onmedia Data Protection Policy. The Data Protection Policy may be found at: https://www.onmedia.co.uk/data-protection-policy/
8. Changes, amendments, and notices
If we change the price of the Services, we will give you at least 30 days’ notice. You are also responsible for reviewing regularly information posted online on the terms and conditions page. Please note that any notice you give to us will only be considered effective from the day on which we acknowledge it. If you do not receive an acknowledgment of any notice that you send to us within 7 days, please telephone Onmedia on 07930 287287.
9. Governing law and jurisdiction
These terms and conditions are governed by English law and we both agree to submit to the exclusive jurisdiction of the English Courts. We both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them. Your statutory rights are not affected.