Our Terms & conditions

Important information - please read!

Terms & Conditions

This page contains important information regarding our terms & conditions.

When signing up to any of our services, you must agree to comply with the terms of use described on this page. By paying you are agreeing to abide by these terms of use.

We hope our legal terms are clear and jargon-free. If you have any queries, please contact us.

Terms and Conditions

The following terms must be agreed to in order to use any of our services. If you do not agree to any of the below, you must not proceed with your order and must inform us immediately. We will be happy to explain any points if you are unsure of their meaning.

Abuse

Customers are responsible for all scripts, data and other objects on their accounts. Abusive scripts are scripts which interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity. Any account found to be the source of abusive scripts will be immediately suspended and investigated, and subject to action as detailed under Illegal Content. We will always notify you as soon as possible and fully co-operate with the authorities. We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is prohibited at all times.

Adult Content

Legal adult content as defined by UK law is allowed on our servers however you must inform us as we will host your site on a separate IP to prevent any SEO implications for other clients.

Illegal Content

Any content deemed illegal by UK law or the law of your country of residence is strictly forbidden and offending accounts will be immediately suspended or terminated at our discretion. We will fully co-operate with the authorities regarding any breach of the law.
Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination with no refund.

Service Level Agreement

We endeavor to provide a 99.9% service uptime, excluding planned or emergency server maintenance or conditions beyond our reasonable control. All customers will be notified of planned maintenance as far as possible in advance via e-mail.
Should we break this SLA in any calendar month with unscheduled service unavailability (as verified by our network monitoring) we will upon request credit a full month’s cost to your hosting account. No hidden catches – we value our service and clients extremely highly.

Payment

With all web design packages an initial *deposit of 50% is required prior to any work commencing. The remaining balance is then due no later than 14 days after completion.

*All deposits are non refundable

If any payment fails or any payment is late your website will be suspended and the full balance will become immediately due plus a £75 re-activation fee, please ensure funds are available on the due date and any outstanding invoice is settled by the due date – No exceptions!

Renewal invoices are generated 21 days in advance and sent to your registered e-mail address. It is your responsibility to ensure this e-mail address is kept up to date and can receive e-mails from any 499 Designs address.

All services must be paid for by the due date shown on the invoice unless a written adjustment has been agreed. Failure to complete payment after this time will result in automatic reminders when the invoice is overdue, and automatic account suspension should the invoice remain unpaid for more than 3 days. This applies to all hosting accounts. Domain names expire on the day immediately after their renewal date and this is outside our control. As such we strongly recommend renewing a minimum of 48 hours before the expiration date.

Over-usage

Account usage is checked frequently. All accounts will receive notification when bandwidth usage is nearing the accounts limit. Over-usage will result in automatic account suspension unless a prior agreement has been reached. Usually the cheapest option is to upgrade to the next package where available, otherwise our standard charges are 40p/Gb for additional bandwidth usage and £2 per 250Mb disk usage. Upon suspension please contact us to arrange upgrade pricing.

You agree to use our shared hosting services for the purpose of hosting a website. No bulk processing or bulk mailing or other resource-intensive activity is permitted without written consent. We reserve the right to enact defensive movements to maintain the stability of our systems for all clients.
If you believe your website may be susceptible to high or otherwise abnormal usage you must contact us to discuss the suitability of our shared hosting environment.

Cancellation, refunds, termination and disputes

Cancellation notices for all services must be given at a minimum of 48 hours in advance of the next billing date. Refunds will be given for every whole unused prepaid month. Refunds will be paid in the form of a credit to your billing account. No cash refunds will be granted unless a payment has been taken in error.

A breach of any of the terms and conditions as described on this page will result in immediate termination with no refund.
Setup fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method as listed on our contact page.

Transfer of ownership

Upon full payment having been received we will transfer ownership in full to the client. Where a project is being paid via monthly instalments 499 Designs retain full ownership of domain names, site design and any associated files until all outstanding balances have been cleared.

Domain registration, renewal, transfer and restoration

All packages include a free domain registration or transfer for a .uk domain name. All other extensions are excluded from this offer due to their additional cost but please contact us for a reduced price if you wish to order with a different extension. The registration period is one year for all domain extensions except .uk extensions which are registered for two years. All domain transfers include a 12-month registration extension with the exception of all .uk domain types which do not include any form of registration extension, unless they are due for renewal within 6 months in which case please contact us for a free 2 year renewal.

If a domain is not renewed it will be deleted and need restoring, at a cost of approximately £150. Not all domain names are eligible for this restoration. Hosting package renewals do not include a further free domain renewal, transfer or registration.

499 Designs will always register, transfer and renew domain names in our clients name – never in our own. You are always in control of every aspect of your domain name(s) and can manage your domains whois data through your cPanel. It is your responsibility to keep this data correct.

Account Support / Emergency Contact

We provide support via e-mail and phone. To provide efficient service and comply with data protection laws, any requests for changes to your account (including billing changes, password changes or any other technical changes) must be submitted by e-mail to [email protected] from your registered address.

Disclaimer, Limitation of Liability and Copyright

We are unable to assert fitness for any specific purpose and as such 499 Designs cannot be held liable for any form of consequential loss or damage caused directly or indirectly by use of our service, misuse of our service, downtime, service issues, data loss or any other event. In the event of any preventable disruption to service we will credit your account as described in our Service Level Agreement. Our liability will not exceed the total amount paid for the service. If you have sensitive or mission-critical data to host, you must seek your own insurance and independent legal advice.
Our backups (including but not limited to the R1Soft system) are intended as a convenience service and are not guaranteed or intended to replace your backup procedures. It is your sole responsibility to ensure you have a backup of all your important data.

Website content disclaimer

When you provide images or text for use in the design of your website you must have the relevant licensing in place. We accept no responsibility for any copyright issues arising from you providing us with unlicensed material.

All material on this website is copyright 499 Designs, unless otherwise stated