Terms of service - General terms and conditions
Server use
- 3Elephants reserves the right to refuse service
and /or access to its servers to anyone.
- 3Elephants do not allow any of the following
content to be stored on its servers:
- Illegal Material
- This includes copyrighted works, commercial
audio, video, or music files, and any material
in violation of any UK legislation.
- Adult Material
- Includes all pornography, erotic images,
or otherwise lewd or obscene content. The
designation of "adult material"
is left entirely to the discretion of 3Elephants.
- Warez - Includes
pirated software, ROMS, emulators, phreaking,
hacking, password cracking, IP spoofing, etc.,
and encrypting of any of the above. Also includes
any sites which provide "links to"
or "how to" information about such
material. .
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Unlimited use policy
High bandwidth usage: 3Elephants offers an unlimited use
policy by maintaining very large ratios of bandwidth per
customer. In rare cases, 3Elephants may find a customer
to be using server resources to such an extent that he or
she may jeopardise server performance and resources for
other customers. In such instances, 3Elephants reserves
the right to impose the High Resource User Policy for the
consideration of all customers.
Database Usage
If you exceed the limits on our database products (MS SQL
and MySQL) then we will automatically charge you for the
additional space you use at our current prices. For example
if you have a 150MB database and 200MB is in use at any
point during a month then we will charge for the extra 150MB
High resource use policy
Resources are defined as bandwidth, processor utilisation
or disk space.
3Elephants may implement the following policy to its sole
discretion:
When a website is found to be monopolising the resources
available 3Elephants reserves the right to suspend that
site immediately. 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 3Elephants
continues hosting the website for an additional fee.
Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, 3elephants cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of 3elephants until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by 3elephants remain the copyright of 3elephants and may only be commercially reproduced or resold with the permission of 3elephants.
3elephants cannot take responsibility for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any coding additions to website briefs provided will be carried out at the discretion of 3elephants and may carry an additional cost. Where no charge is made by 3elephants for such additions, 3elephants accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to 3elephants all materials required to complete the site to the agreed standard and within the set deadline.
3elephants will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
3elephants will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
3elephants will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
3elephants will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
In no event shall 3elephants be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.
In the absence of any negligence or other breach of duty by us, your use of our client websites is entirely at your own risk.
If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.
We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.
A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms.
There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered.
Payment policies
All business accounts are set up on a prepay basis. Although
3Elephants Virtual office reserves the right to change prices
of accounts or services at any time all pricing is guaranteed
for the period of prepayment.
Payment is due each anniversary year or month following
the date the account was established.
In addition, 3Elephants Virtual office reserves the right
to suspend, with the contract resolution, other services
until the outstanding debt is cleared.
The customer is responsible for all money owed on the account
from the time it was established to the time that the customer
sends a written cancellation request.
No bills or invoices will be sent by regular mail. All invoices
will be sent directly to customers via email shortly after
the online purchase has been made.
Payment options
In order to streamline our accounting procedures and keep
costs down 3Elephants currently runs a limited number of
payment options.
- Credit / Debit Cards:
3Elephants conveniently accept: Visa, Master
Card, Amex, Delta, Electron, Switch, Solo, via
our payment provider Pay Pal.
- Cheque Payment:
This option is available to business customers
who pay annually for their 3Elephants account.
A credit/debit card number will still be required
if customers require the facility to purchase
domains and other services on-line.
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3Elephants cannot guarantee that a service will be
provided before cheques have been cleared.
Cancellation and refunds
3Elephants Virtual office reserves the right to cancel the
service at any time.
In the event of service cancellation customers will be entitled
to a pro rata refund based upon the remaining period of
membership. If a customer contravenes 3Elephants Virtual
office's terms of service a refund will not be issued in
the event of a cancellation.
3Elephants Virtual office has no liability for damages to
customers owing to the early above-mentioned service cancellation.
Customers may cancel their account at any time. During the
initial 7 day trial period customers who wish to cancel
will be entitled to a full refund for their hosting fees.
Any incentives offered to customers when opening the account
will also be cancelled.
Fees charged on a prepay basis are non-refundable. Once
the initial trial period has expired customers are not entitled
to receive a refund unless the service is cancelled by 3Elephants
Virtual office.
In addition some accounts incur set-up fees, these charges
are also non-refundable.
Indemnification
Customer agrees that it shall defend, indemnify, save and
hold 3Elephants Virtual office harmless from any and all
demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against 3Elephants Virtual
office, 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 3Elephants
Virtual office against liabilities arising out of
- Any injury to person or property caused by any
products sold or otherwise distributed in connection
with 3Elephants 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
3Elephants server.
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Disclaimer
- 3Elephants will not be responsible for any damages
your business may suffer.
- 3Elephants makes no warranties of any kind,
expressed or implied for services we provide.
- 3Elephants does not back up your data/website
unless it is placed on a load balanced server,
and whilst every attempt would be made in the
unlikely event of any corruption or hardware failure.
- 3Elephants cannot guarantee to be able to replace
lost data.
- 3Elephants disclaims any warranty or merchantability
or fitness for a particular purpose.
- This includes loss of data resulting from
delays, nondeliveries, wrong delivery, and
any and all service interruptions caused by
3Elephants and its employees.
- 3Elephants reserves the right to revise its
policies at any time.
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Please note: by signing up
for any of our services you agree to be bound by all 3Elephants
terms and conditions. |
