Terms & Conditions - General

 

Terms of Service

 

Capitalserv Ltd provide internet, email & application hosting and additional web and database design services. Capitalserv Ltd reserve the right to suspend or cancel a customer's access to any or all services provided by Capitalserv Ltd when we decide that the account has been inappropriately used or otherwise.

All our services are covered by out General Terms & Conditions, as well as the service-specific Terms & Conditions.

 

General Terms & Conditions

 

Server Use

Capitalserv Ltd reserve the right to refuse service and/or access to its servers to anyone.

Capitalserv Ltd do not allow inappropriate content to be stored on its servers. The designation of "inappropriate content" is left entirely to the discretion of Capitalserv Ltd but includes without limitation:

Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any UK legislation.
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.

Support

We will endeavour to provide a continuous high quality service. If you experience problems with your service, in the first instance you should consult the FAQs on our website as this contains resolutions to some common problems. Online support is provided only, all support requests should be instigated by submitting a ticket or by sending an e-mail to our Technical Support team at support247@capitalserv.net. Telephone support is not available via our sales line.

Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime will be provided to you in advance. Our website contains information regarding our current service status.

Reselling of Services

All accounts other than our Reseller Accounts are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting services of their website to other parties.

Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.

Customers may however resell all of our services with our Reseller packages.

Customers may not resell our services to other Capitalserv Ltd customers, or to any Capitalserv Ltd customers whose service with us has expired in the past 6 months.

Database & Disk Space Usage

Where your package specifies a limits on disk space or database space, it is the customer's responsibility to ensure these limits are not exceeded. If you exceed the limits then Capitalserv Ltd will automatically charge you for the additional space you use at our current prices.

High Resource Use Policy

Resources are defined as bandwidth, processor utilization, memory utilization or disk space. Capitalserv Ltd may implement the following policy to its sole discretion:

When a website is found to be monopolising or excessively using the resources available, Capitalserv Ltd reserves the right to suspend that site or customer 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 Capitalserv Ltd continues hosting the website for an additional fee. The level at which usage becomes unacceptable is at the sole discretion of Capitalserv Ltd.

Payment Policies

All accounts are set up on a prepay basis. Although Capitalserv Ltd reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Capitalserv Ltd operates a positive renewal system to prevent disruption to your services. As such, customers will automatically be charged again at the end of their prepay period for a further prepay period of the same duration unless cancellation notification has already been given by the customer within 14 days of the renewal date.

In situations where the card number on file is declined Capitalserv Ltd will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Capitalserv Ltd reserves the right to suspend 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. At this point the customer's card will be charged automatically. If payment is to be made by cheque or bank transfer you must ensure this gets to us immediately as Capitalserv Ltd does not provide credit. Services may not become active until payment has cleared.

Invoice are sent in Adobe Acrobat or HTML format. Download Adobe Acrobat Reader for free.

Invoices overdue by 30 days will result in any and all services immediately being suspended until full payment is received. An administration fee of £75.00 will be charged for reinstatement of services. Capitalserv Ltd reserve the right to waive this fee at their discretion. We may ask that Pay-as-you-go or Pay Monthly customers pay the remainder of their contract in advance. Any special offers, including but not limited to free services and discounted rates may be revoked on suspension of any customer account and the full rate will be payable. Suspended web sites may be entirely inaccessible during the period of suspension and may be replaced by a standard 'service suspended' or 'service expired' notice, or visitors may be redirected to the Capitalserv website.

All payments are to be made in UK Sterling (GBP) only unless prior arrangements have been made to pay in Euros (EUR) or US Dollars (USD). Currency conversion including exchange fee will be charged at our current rates as advised at the time of any non-GBP transaction.

It is Capitalserv Ltd's policy to always pursue non-paying debtors to the maximum extend permitted by law. The costs of recovery will be bourne by the debtor and interest will be charged. County Court Judgements (CCJ) are registered with the Register of County Court Judgements and credit reference agencies will note this on your file. This may affect your ability to obtain credit in the future.

Payment Options

We accept cheques, credit/debit cards (via Paypal), bank transfers/deposits (e.g. by Internet or telephone banking) or regular payments by Standing Order. Some payment methods may attract a surcharge, our current rates will be advised at the time of the transaction.

Cancellation & Refunds

Capitalserv Ltd reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes any of Capitalserv Ltd's terms and conditions, no refunds will be issued.

Customers may cancel their account at any time. Fees charged on a prepay basis are non-refundable and the remainder of the contract must be paid for in full.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Capitalserv Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Capitalserv Ltd, 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 Capitalserv Ltd against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Capitalserv Ltd's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Capitalserv Ltd's server.

Disclaimer

Capitalserv Ltd will not be responsible for any damages your business may suffer. Capitalserv Ltd makes no warranties of any kind, expressed or implied for services we provide. Capitalserv Ltd does not back up your data/website unless it is placed on a load balanced server or you have specifically purchased a backup solution from us. Whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Capitalserv Ltd cannot guarantee to be able to replace lost data. Capitalserv Ltd disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Capitalserv Ltd and its employees or agents. Capitalserv Ltd reserves the right to revise its policies at any time.

Contact with Capitalserv Ltd

You acknowledge and recognize that all contact with Capitalserv Ltd in the first instance should be made via e-mail support247@Capitalserv Ltd.net. Capitalserv Ltd offer telephone support for resellers and dedicated hosting customers only by calling the telephone number displayed on our website.

 

Please note: by signing up for any of our services you agree to be bound by all Capitalserv terms and conditions.
 
  
Revised: 09 May 2009 at 7:46pm