1 - Term of Agreement
The term of an agreement is the period of time the client agrees to pay for services. Should a client cancel before the end of term this constitutes as a forfeit of any fees paid except within the seven (7) day cancellation period. Agreements terms are dependent on term client orders, ie. monthly, Quarterly or Annually.
2 - Service Provision Terms
Black Night Software endeavors to provide an uptime of no less that 99.6% at all times. However client agrees that technical faults may arise which are beyond our control which will result in unavoidable downtime. Black Night Software will endeavour to minimise such downtime in any such occurance.
3 - Payment Terms
The client agrees to pay on a monthly, Quarterly or Annually basis as specified at the time of order, in advance of that period. Payment must be paid fourteen (14) days from the date of invoice. In the event the client fails to remit payment within fourteen (14) days Black Night Software reserves the right to terminate service at any time and without notice. Any account suspended due to non-payment will be subject to an administration fee of £15 to reinstate the account. If in the event that the client persisitently pays late we reserve the right to suspend the account every month after the fourteen (14) days until payment has been made.
4 - Cancellation Terms
The client can at any time cancel the service giving thirty (30) days notice in writing (or email). The client agrees that under these terms the client will not be entitled to any refund for unused months. Black Night Software does not offer refunds unless within the seven (7) days trial period at start of contract. Existing clients who sign new accounts are not entitled to any refund under trial period or at any time.
5 - Acceptable Use Policy
The Service is provided solely for the Client's and Authorised Users use.
The Service must not be used by the Client or any User in a way that does not comply with:
i. the terms of any legislation or any license applicable to the Client or that is in any way unlawful;
The Service must not be used by the Client or any authorised User:
i. Fraudulently or otherwise unlawfully; to send, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, trademark, service mark, patent, privacy or any other rights;
ii. to cause annoyance, inconvenience or needless anxiety;
iii. to transmit knowingly or recklessly any electronic material through the Service which shall cause or is likely to cause harm, in any degree, to computer systems owned by Black Night Software or other Internet users;
iv. to send or provide unsolicited advertising or promotional material or to receive responses to any unsolicited advertising or promotional material sent or provided using the Service by any third party; or
v. other than in accordance with the acceptable use policies of any connected networks.
The Client must not use a user name or alias which infringes the rights of any person in a corresponding trade mark or name. Black Night Software reserves the right to require the Client to select a replacement user name or alias and may either refuse to provide or may suspend Service if, in Black Night Software's opinion, there are reasonable grounds for Black Night Software to believe that the user name or alias is, or is likely to be, used for a dishonest purpose, offensive, abusive, defamatory, obscene, or in violation of any person's intellectual property or similar rights
Black Night Software hosting packages are designed to host ONE site (although multiple domains may point to the same site folder) only. Any client found hosting more than one site within their site folder will have their account suspended until the additional site has been removed. Failure to remove the site will result in the immediate removal of all services to that account.
Customers who wish to have more than one site hosted MUST take out an additional hosting account with us.
If you are concerned that you fall into this category please contact us with the details and we will let you know if you are violation of the terms and conditions.
Exclusions to the above :
Personal sites for members of your family, that are in subfolders and only accessible by your domain.
Web developers may also temporarily use their site as long as it uses a sub-folder of the customers site and does not use the actual domain name nor stay under development for a long period of time.
6 - Privacy
Black Night Software will not under any circumstances pass on any information which you have provided to us. All information is strictly for use by Black Night Software.
7 - Idemnity
The Client hereby indemnifies Black Night Software from any claim brought by a third party resulting from the use of the Service. The Client further indemnifies Black Night Software in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred by Black Night Software in consequence of the Client's breach or non-observance of the Agreement.
The Client shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgements awarded against Black Night Software arising from the above claims and shall provide Black Night Software with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Client's sole expense.
8 - Liability
Black Night Software is not liable to the Client under any circumstances for direct or indirect loss of profits, business or anticipated savings, nor for any indirect loss or damage or for any destruction of data.
Black Night Software excludes all liability of any kind in respect of any material on the Internet which can be accessed using the Service and is not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Service or on the Internet.
Black Night Software is not liable to the Client either under any circumstances for the acts or omissions of other providers of telecommunications or Internet services (including domain name registration authorities) or for faults in or failures of their equipment.
If Black Night Software is unable to perform any obligation under this Agreement because of a matter beyond its reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or acts of local or central Government or other competent authorities, or events beyond the reasonable control of its suppliers, it will have no liability for that failure to perform.
Each provision of this Agreement, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.
9 - Changes to this Agreement
Black Night Software can at any time make changes to this Agreement with seven days notice to the client. This notice may, but not limited to, involve a news post on the Black Night Software home page, conversation with the client, email to the client.