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Terms and Conditions of Service

Definitions

“Collabor8online” or “Collabor8” or C8o Digital  or “we” or “us” or “our” refers to Collabor8online,  (Collabor8online is a trading style of XBC whose registered office is 30 sergeants Lane, Whitefield, Manchester, M45 7TS)

“Customer” or “you” or “your” refers to the person or a company in whose name the account with Collabor8online is held.

“Services” refers to any service offered by Collabor8online, including but not limited to Virtual Server Hosting or Dedicated Server rental.

General

These terms and conditions of service govern the supply of Services by Collabor8online to the Customer. Use of Collabor8online Services is subject to the terms listed herein. Collabor8online reserves the right to amend these terms and conditions without notice, effective upon posting amended terms and conditions to its website.

Limitations

The use of Collabor8online’s Services is entirely at the Customer’s own risk. Collabor8online Services are provided strictly on an “as available” basis, furthermore the Customers acknowledges and agrees that Collabor8 will not be responsible for any failure of the service to store a file, for the deletion of a file stored on the Service, or for the corruption of or loss or any data, information or user content stored using the Service.

The Customer is responsible for keeping passwords or other sensitive information regarding Collabor8online Services secure. Collabor8online shall not be liable for any loss or damage arising from the Customer’s failure to keep passwords or other sensitive information secure.

Except as expressly provided in these Conditions, Collabor8online gives no warranties of any kind, expressed or implied for Service provided to the Customer. Collabor8online disclaims any warranty or fitness for a particular purpose. This includes loss of business, custom, loss of data and all service interruptions unless otherwise stated by Collabor8online or agreed with the Customer in writing.

Charges and Payments

Service charges are billed in advance on, or shortly after, the day of purchase and on subsequent monthly or yearly anniversaries (the Customer’s “billing date”).

Bandwidth overage charges are billed monthly in arrears and subject to standard payment terms.

The Customer authorises Collabor8online to debit payments from the Customer’s credit or debit card for all Service charges, fees, taxes and any other charges as they are due.

Collabor8online reserves the right to charge interest on any unpaid sums at the current statutory rate prescribed in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 until payment is received by Collabor8online in cleared funds.

Collabor8online is not responsible for any additional bank fees, interest, finance charges or other charges incurred by the Customer as a result of charges billed by Collabor8online.

The Customer is responsible for ensuring Collabor8online has up-to-date billing and contact information for the Customer.

Collabor8online reserves the right to terminate or postpone Customer accounts where unpaid charges remain outstanding for a period of more than 7 days. Termination of Services by Collabor8online shall not alter the Customer’s obligation to pay all charges due to Collabor8online at the time of termination.

Collabor8online reserves the right to change fees and charges as it deems necessary. Customers will be notified in advance of any such changes to fees and charges.

Registration obligations

To use the Services, you must register with Collabor8 and provide your full name, a valid email address, a company name (where appropriate), a valid contact telephone number and any other information requested in order to complete the signup process.

When registering with Collabor8 you agree to provide true, accurate, current and complete information about yourself at signup and maintain and update that information to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, we may terminate your account and refuse any and all current or future use of the Service.

Cancellations & Refund Policy

All fees and charges are non-refundable unless expressly stated or agreed otherwise in writing by Collabor8online.

The Customer may cancel any paying account within 30 days of initial purchase without charge, if this happens the account will revert to the free account and no charges will be incurred. This may result in loss of any information added during the 30 day free period.

The Customer may cancel their Services at any time by submitting a request by e-mail to support@collabor8online.co.uk ; 30 days notice is required to avoid charges beyond the current billing cycle. The customer account will remain active for this period after which all project data will be permanently deleted.

No Refunds or credits will be given for partial or unused months of service, for any account.

Cancellation of Services by the Customer shall not alter the Customer’s obligation to pay all charges due to Collabor8online at the time of cancellation.

The Customer is responsible for maintaining backups of their data. Collabor8online will not retrieve data from cancelled accounts unless otherwise agreed in advance.

Law Enforcement co-operation

Collabor8online will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Customers who violate systems or network security may incur criminal or civil liability.

Copyright and Intellectual Property

By using Collabor8online’s Services, the Customer acknowledges ownership by Collabor8online of all rights, title and interest in and to all trademarks, other intellectual property and Service developed by Collabor8online.

The Customer shall not copy, reproduce, alter, modify or create derivative works from any trademarks, intellectual property or service offered by Collabor8online.

Indemnity

The Customer agrees that it shall defend, indemnify, save and hold harmless Collabor8online from any and all demands, liabilities, losses, costs and claims, including all legal fees, that may arise or result from any service provided or performed or agreed to be performed by a Customer, its clients, agents, employees or representatives. (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Collabor8online’s Service; (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 Product sold via Collabor8online’s Service.

Force Majeure

Neither party shall be liable to each other or be deemed to be in breach of the Agreement by reason of any delay in performing or failure to perform any of its obligations in relation to the Services if such failure or delay was beyond that party’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond either party’s reasonable control

  • act of God, explosion, flood, tempest, fire or accident
  • war or threat of war, terrorism, sabotage, insurrection, civil disturbances or requisition
  • acts, requisitions, regulations, bye-laws, prohibitions or measure of any kind on the part of any governmental parliamentary or local authority
  • strikes or other industrial actions or trade disputes of a third party

Severability

Any invalidity or unenforceability of any term of, or any right arising pursuant to this agreement, shall not in any way affect the remaining terms and rights which shall be construed as if such invalid or unenforceable term or right did not exist.

Assignment

This Agreement is personal to the parties and neither party may assign the benefit of this Agreement, or otherwise deal with any of its rights or obligations under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed, subject to board approval of the assignee. Notwithstanding the foregoing, either party may assign its rights under this Agreement to an entity that either now or in the future controls, is controlled by or is under the common control of such a party as a consequence of merger, acquisition, change of control or asset sale.

Contracts (rights of third parties) Act 1999

Nothing in this Agreement is intended to create any right which, by virtue of the Contracts (Rights of Third Parties) Act 1999, might otherwise be enforceable by a third party against either party to this Agreement.

Governing Law

This Agreement shall be governed by and construed and interpreted in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.

Bandwidth Overages

The Customer will be entitled to any monthly data transfer “quota” (also known as “bandwidth” or “internet traffic”), expressed in gigabytes per month, included as part of their chosen Services. Should the Customer exceed the agreed amount of transfer specified in their chosen Services, without notice Collabor8online reserves the right to charge the Customer an overage rate of £5 +vat per 5 gigabytes, or part thereof, for the data transferred over and above the quota in force.

Acceptable Use Policy

The Customer shall not participate in or facilitate any action or activity that Collabor8online considers abusive, or that contravenes UK law. Actions or activities that Collabor8online considers abusive and therefore strictly prohibited include, but are not limited to the following:

  • Unsolicited e-mail activities
  • Impersonated or libellous postings
  • Hacking or unauthorised access
  • Propagation of viruses or worms
  • Terrorism or threat of terrorism
  • Obscene, pornographic, or offensive material
  • Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks
  • The Customer shall not deliberately or maliciously cause or allow to be caused any disruption to Collabor8online’s Services, its servers, network or other infrastructure, or any other networks or service on the internet.

The Customer shall not participate in or facilitate any activity which interferes with or disrupts Collabor8online Services.

Participation or facilitation of any of the above activities may result in immediate suspension or termination of Services without refund.

The customer acknowledges that Collabopr8 has no obligation to monitor your use of the Services, but has the right to do so for the purpose of operating the Services and to ensure compliance with these terms.

Privacy Policy

Collabor8 respects the privacy of others, but reserves the right to monitor data and files held in the project account in order to maintain and ensure appropriate levels of service and ensure our usage policies are not being violated.

We collect personal data that you may volunteer so that you can receive further information or service from Collabor8. In order to register to for use of the Service Collabor8 will record certain information including an email address, company name, your name, company address or for individual applicants, a current address and Credit card information which will be used solely for processing payments.

Collabor8 may contact you for your views on the Collabor8 Service and also to notify you about changes or developments to the site and. We may also use your information in order to advice you about other products and Service which we offer. You may at any time unsubscribe to such messages.

Your information is only shared with third parties in direct connection with your use of the Service. We reserve the right to transfer any and all information that we collect from users of the Service to a third party in the event of any sale, transfer or other disposition of all or any portion of Collabor8’s business.

By submitting your information you are consenting to our use of it for the uses specified above.

30-day Money Back Guarantee

To make a request under the 30-day Money Back Guarantee, the Customer must submit a request via the Helpdesk within 30 days of purchase.

Accounts which are suspended, cancelled, or terminated for violating our Terms & Conditions, including (but not limited to) the Acceptable Use Policy, will not qualify for the 30-day Money Back Guarantee. For example, if an account is cancelled due to spamming, phishing, or another violation, no refund will be issued.

Any setup fees and/or overage charges incurred during the initial 30 day period are not refundable.

Service Level Agreement (SLA)

Definitions

“Collabor8online Service” refers to Collabor8online virtual machine(s) and the Collabor8online Load Balancing service.

“Availability” means that the Collabor8online service is running and has external network access as determined by Collabor8online.

“Service Credit” means an amount of credit in pound sterling applied to a Customers future invoice.

“Scheduled Maintenance” means any planned maintenance period. Collabor8online will use commercially reasonable efforts to notify customers of planned maintenance at least 7 days in advance (and at least 24 hours in advance for emergency maintenance).

Service Level

Collabor8online will use commercially reasonable efforts to ensure availability of your Collabor8online Service for at least 99.95% of the time, excluding Scheduled Maintenance. In the event that we don’t meet this commitment during any consecutive 30-day period you will be eligible for Service Credits of 2.5% of your fees for every full 30 minute period of unavailability up to a maximum of 100% of your relevant fees paid for that period.

Claims & Credits

To receive a Service Credit you must submit your claim via the Collabor8online helpdesk, including details of the period(s) of unavailability you wish to claim credit for so we can corroborate the details. Claims for Service Credits must be received within 14 days of the most recent reported period of unavailability. Service Credits (if eligible) will be applied to your next regular (i.e. monthly or annual) invoice.

Eligibility & Exclusions

The following scenarios are examples where the Collabor8online SLA does not apply…

  • Unavailability is due to a Customers own misconfiguration of their server(s) or application(s)
  • Unavailability is caused by circumstances beyond our reasonable control, for example, network routing problems elsewhere that affect access to your Collabor8online service
  • Unavailability is due to Scheduled Maintenance
  • The customer’s account has been suspended (e.g for non-payment or breach of terms and conditions)
  • The customer’s account has overdue payments
  • The customers usage of Collabor8online Service is in contravention of the Terms and Conditions
  • The customers usage of Collabor8online Services is deemed excessive (e.g use of network bandwidth or shared MySQL service is affecting other customers)

 

The following terms and conditions apply to all website development / design services provided by C8o Digital to the Client.

  1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

  1. Charges

Charges for services to be provided by C8o Digital are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. C8o Digital reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty three (33) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty three (33) percent is required after the development stage, with the remaining thirty three (33) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by cheque or bank transfer. Cheques should be made payable to C8o Digital and sent to C8o Digital Bank details will be made available on invoices.

  1. Client Review

C8o Digital will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies C8o Digital otherwise within ten (10) days of the date the materials are made available to the Client.

  1. Turnaround Time and Content Control

C8o Digital will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon C8o Digital receiving initial payment, unless a delay is specifically requested by the Client and agreed by C8o Digital.

In return, the Client agrees to delegate a single individual as a primary contact to aid C8o Digital with progressing the commission in a satisfactory and expedient manner.

During the project, C8o Digital will require the Client to provide website content; text, images, movies and sound files

  1. Failure to provide required website content:

C8o Digital is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact Us if you need clarification on this.

Using our content management system you are able to keep your content up to date your self.

  1. Payment

Invoices will be provided by C8o Digital upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.

  1. Additional Expenses

Client agrees to reimburse C8o Digital for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

  1. Web Browsers

C8o Digital makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that C8o Digital cannot guarantee correct functionality with all browser software across different operating systems.

C8o Digital cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, C8o Digital reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

  1. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on C8o Digital’s Web space, C8o Digital will, at its discretion, remove all such material from its web space. C8o Digital is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay C8o Digital reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by C8o Digital in enforcing these Terms and Conditions.

  1. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

  1. Indemnity

All C8o Digital services may be used for lawful purposes only. You agree to indemnify and hold C8o Digital harmless from any claims resulting from your use of our service that damages you or any other party.

  1. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants C8o Digital the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting C8o Digital permission and rights for use of the same and agrees to indemnify and hold harmless C8o Digital from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to C8o Digital that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

  1. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by C8o Digital to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

  1. Design Credit

A link to C8o Digital will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in C8o Digital’ s portfolio.

  1. Access Requirements

If the Client’s website is to be installed on a third-party server, C8o Digital must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

  1. Post-Placement Alterations

C8o Digital cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

  1. Domain Names

C8o Digital may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of C8o Digital. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

  1. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

  1. Governing Law

This Agreement shall be governed by English Law.

  1. Liability

C8o Digital hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of C8o Digital to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

  1. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,

© Collabor8online 2017