Hosting, Design and Promotion Terms & Conditions

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Web Pages

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

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

Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), graphics or cgi scripts for other websites (affiliate scheme ads and links are ok to use and run) and storing pages, files or data as a repository for other websites or personal computers.

Smart Art reserves the right to remove material deemed inappropriate from your web pages, without prior notice. Smart Art does not allow warez or illegal MP3 web sites on our servers.

General Terms

Your server space and ftp account is for your use only. You must not divulge the password to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people. (If you need some helpful pointers on creating and storing strong passwords please just ask).

Although our Data Centre does incremental backups of all hosting accounts, data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on your web space. Clients can find Backup Facilites in their Hosting Control Panel (cPanel), from which you can take full backups of not only your website & database/s but also your email account settings. Furthermore, all clients with a CMS website built by Smart Art, also have a full one-click backup system installed in their CMS Admin Panel.

Although our system uptime figures are exceptional in our field, 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, for any reason, all files (including web pages, etc.) will be deleted.

We reserve the right to amend and update these Terms and Conditions 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 form of un-solicited bulk e-mailing or spam.

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


Cancellation and Refunds

If you take out one of our ANNUAL Hosting or Promotion Packages we expect you to commit for this period of time. If you cancel your account within your intial first year contract then Smart Art will not make any refunds on any unused portions of your account. While we do not offer refunds for pro-rated service you have no obligation to continue using our service.

If you take out one of our MONTHLY Hosting or Promotion Packages we expect you to commit for a minimum of THREE MONTHS. If you cancel your account within your intial 3 month contract then Smart Art will not make any refunds on any unused portions of your account. While we do not offer refunds for pro-rated service you have no obligation to continue using our service.

Cancellation Notice

  1. Service may be terminated by either party on giving at least 30 days notice to the other expiring on the last day of the Initial Contract Term or at any time thereafter. If either party gives notice, you shall pay all charges up to the expiry of the current Contract Term.
  2. Smart Art reserves the right during the Initial Contract Term and at any time thereafter to terminate this Contract by giving to you not less than 30 days prior written notice of termination.
  3. After the expiry of the Initial Contract Term you may terminate the Service by giving not less than 30 days prior written notice of termination, but subject to clauses 4, 5 & 6.
  4. Your notice does not avoid any other liability for Service already provided.
  5. The ANNUAL Contract is a yearly contract and if you continue Service beyond your Initial Contract Term you will be liable to pay for the remainder of the new Extended Contract Term.
  6. The MONTHLY Contract is a tri-monthly contract and if you continue Service beyond your Initial Contract Term you will be liable to pay for the remainder of the new Extended Contract Term.
  7. ANNUAL contracts are automatically renewed by our Billing Server - if you wish to cancel either before or after renewal please see 1. above.
  8. Design contracts, if cancelled during the project, but before project completion, will then be invoiced for all development time during the project at our normal rate of £45 per hour PLUS the costs of any commercial components, modules or plugins purchased for the project. Depending how far into the project the cancellation request was received, the final invoice in such cases may exceed the original estimate.
  9. By logging into your account, uploading files to it, or sending/receving email through it, you are indicating your acceptance of these Terms and Conditions.

Customer refund requests are to be sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it and will only be processed in the cases of service non-performance where Smart Art is clearly at fault. Refund requests for problems beyond Smart Art's control will be refused.

For example:

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

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Smart Art harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitors fees asserted against Smart Art, 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 Smart Art against liabilities arising out of:

  1. Any injury to person or property caused by any products sold or otherwise distributed in connection with Smart Art's servers.
  2. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
  3. Copyright infringement.
  4. Any defective products sold to customer from Smart Art's servers.

Disclaimer

Smart Art will not be responsible for any damages your business may suffer, Smart Art makes no warranties of any kind, expressed or implied for services we provide. This includes loss of data resulting from delays, non-deliveries, wrong delivery, viruses and any and all service interruptions caused by systems beyond Smart Art's servers or control.

Smart Art reserves the right to revise the above terms and conditions at any time.