Terms and Conditions

In these conditions, unless the context requires otherwise:

  • "Client" means the company, firm, body or person purchasing the Services from S-J IT Solutions.
  • "Contract" means a contract, subject to these conditions, for the provision of the Services between S-J IT Solutions and the Client.
  • "S-J IT Solutions" means S-J IT Solutions Ltd (company number 7036486) whose registered office is at 63 St Lawrence Quay, Salford Quays, Salford, M50 3XT.
  • “Sumi-e Webhosting” is the registered name with LiquidWeb and NetEarth One and is a Web Hosting service provided by S-J IT Solutions Ltd.
  • "Order" means a purchase order in respect of the Services completed or agreed by the Client and submitted to S-J IT Solutions, together with all documents referred to in it.
  • "Quotation" is an agreed piece of work (incorporating these conditions) provided by S-J IT Solutions to the Client in respect of the Services. No contract will come into existence until S-J IT Solutions's written acceptance or order form has been completed and signed on behalf of the Client and the order acknowledgement has been signed on behalf of S-J IT Solutions.
  • "Services" means the subject matter of each Contract between the Client and S-J IT Solutions, being the work and/or services or any of them to be performed by S-J IT Solutions for the Client pursuant to the Order.
  • “Initial Services” means those services covered by the Set Up Fee.
1. General
  1.1 A Quotation shall not be binding on S-J IT Solutions and a Contract will only come into being upon acceptance by S-J IT Solutions of the Order by signing or counter signing the date of the order and returning it to a customer.
  1.2 The Contract will be subject to these conditions. All terms and conditions appearing or referred to in the Order or otherwise stipulated by the Client shall have no effect, unless such Order is in the Standard Form. Any variation to the Contract must be confirmed in writing by S-J IT Solutions.
  1.3 Quotations submitted by S-J IT Solutions shall remain open for acceptance by the Client for a period of 14 (fourteen) days from the date of the Quotation (unless in the Quotation some other period is specified) or when S-J IT Solutions withdraws the Quotation.
  1.4 The minimum length of any ongoing website services purchased will be 12 months during the 1st year, and one month thereafter.
  1.5 A client may cancel any order within 7 days of it being placed in writing in accordance with The Consumer Protection (Distance Selling) Regulations 2000 (the "Regulations").
2. Prices
  2.1 Where the Services are sold by reference to S-J IT Solutions's published price list or tariff structure, the price payable for the Services shall be the ruling price as published in the price list or tariff structure current at the date of purchase.
  2.2 In other cases, the price for the Services shall, subject to clause 1.3 above, be that stated on the relevant Quotation.
  2.3 Any price changes will take effect from the 1st day of the month and the customer will be notified in writing 7 (seven) days before any price change takes effect.
3. Terms of Payment
  3.1 The Client shall make all payments due to S-J IT Solutions by credit card or BACS and in each case in pounds sterling.
  3.2 Payments by credit card take place via Paypal and at no time is any credit card information held by us.
  3.3 If the Client fails to pay any amount due to S-J IT Solutions under this Agreement on the relevant due date, default interest at the rate specified by the Late Payment of Commercial Debts (Interest) Act 1998 shall be added to such amount for the period from the day after the due date until the date of receipt (whether before or after judgment) together with any reasonable and proper amounts incurred by S-J IT Solutions in seeking to recover such late payment from the Client (including, without limitation, legal fees).
4. Website Hosting
  4.1 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
  4.2 Web space is available for genuine web site content; content must be linked into web pages. Clients are prohibited from using the server as a file/backup repository. Clients are expected to employ good house keeping when maintaining their account.
  4.3 S-J IT Solutions Ltd outsource the managment of dedicated servers to Liquid Web under the name of Sumie Webhosting, and has a responsibility to protect their interest as well as each Client and to provide the best services available. These Terms and Conditions are designed to ensure these obligations are met. All services provided by S-J IT Solutions Ltd to the Client are subject to these terms and conditions.
  4.4

All services provided by S-J IT Solutions Ltd may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom, United States Federal, State or City, or any International laws is prohibited. This includes, but is not limited to:

  • Copyrighted material
  • Material we judge to be threatening or obscene
  • Material protected by trade secret and other statute.
The subscriber agrees to indemnify and hold harmless S-J IT Solutions Ltd from any claims resulting from the use of the service, which damages the subscriber or any other party.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links:

  • Pirated software
  • Pornography
  • Violations of Copyrights
  • Hacker programs or archives
  • Warez sites
  • Hate propaganda.
  4.5 Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other Clients we will discuss with you alternative solutions for your hosting requirements.
  4.6

The website and use of the Services may be used for lawful purposes only and the Client may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Client agrees not to:

  • Use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services
  • Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities
  • Publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website
  • Threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others
  • Engage in illegal or unlawful activities through the Services or via the Website
  • Make available or upload files to the website or to the Services that the Client knows contain a virus, worm, trojan or corrupt data
  • Obtain or attempt to obtain access, through whatever means, to areas of S-J IT Solutions Ltd or Liquid Web's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
  • Operate or attempt to operate IRC bots or other permanent server processes.

The Client has full responsibility for the content of the Website. For the avoidance of doubt, S-J IT Solutions Ltd is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.

If the Client fails to comply with the Acceptable Use Policy outlined in Clause 4.6 S-J IT Solutions Ltd shall be entitled to withdraw the Services and terminate the Client's account without notice.

Resources are defined as bandwidth and/or processor utilization. S-J IT Solutions Ltd may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available S-J IT Solutions Ltd 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. Clients may be offered an option whereby S-J IT Solutions Ltd continues hosting the website for an additional fee.
  4.7 The Client is responsible for undertaking any data back up programs, database, web files or other digital material.
5. Website Design
  5.1 The client unconditionally guarantees that any element of text, graphics or other artwork furnished to S-J IT Solutions for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend S-J IT Solutions and it's subcontractors from any claim or suit arising from the use of such elements furnished by the client.
  5.2 All creation files remain the intellectual property of S-J IT Solutions on completion of a web design project.
  5.3 S-J IT Solutions shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivatives works, and distribute any item from the clients web pages unless specifically agreed to do otherwise. Further, S-J IT Solutions shall be free to use any ideas, concepts, know how or techniques acquired in the construction of web sites for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and any other items incorporating such information unless specifically agreed otherwise.
6. Website Optimisation (SEO)
  6.1 Whilst S-J IT Solutions will try to improve the position of your website in Search Engine results in response to a search request, we do not warrant that this effort is in any way guaranteed.
  6.2 S-J IT Solutions cannot be held responsible for any changes to the position of you Web Site in the Search Engine results in response to a search.
7. Website Services
  7.1 Sumi-e Webhosting is the registered website name for domain name registration with NetEarth One and for website hosting and mailboxes through LiquidWeb. The registration of a domain name, hosting of a website or registering of mailboxes on behalf of the client is subject to the terms and conditions of these businesses on their individual websites.
  7.2 S-J IT Solutions will accept no liability for any financial loss resulting from a domain not being renewed.
  7.3 S-J IT Solutions shall have no liability arising from any financial loss arising from any registered mailbox not being available.
8. Warranty and Limit of Responsibility
  8.1 S-J IT Solutions acknowledges and agrees that it shall perform the Services:
    with reasonable skill and care;
and in accordance with good industry practice.
  8.2 The Client acknowledges and agrees that S-J IT Solutions shall have no liability to the Client in respect of the positioning of the Client's Web Site.
  8.3 The Client's remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law or any other claim in respect of the Services or Web Site or any workmanship in relation to them (whether or not involving negligence on the part of S-J IT Solutions) shall, in all cases, be limited to re-performance of the Services or refund of the relevant purchase price.
  8.4 S-J IT Solutions shall not in any circumstances be liable to the Client for any indirect or consequential losses or any loss of profits purported to have been suffered by the Client.
  8.5 S-J IT Solutions shall not be liable for any failure in the performance of any of its obligations under the agreement caused by factors outside its control.
9. Delivery & Completion Dates
  9.1 S-J IT Solutions undertakes to use its reasonable endeavours to provide completed Initial Services to the Client within 30 days of the date on which S-J IT Solutions receives a signed Order from the Client.
  9.2 The dates for carrying out the Services and delivery of any resultant Web Site are approximate only and, unless otherwise expressly stated, time is not of the essence for delivery or performance.
  9.3 S-J IT Solutions will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform save where the same is as a result of the negligence of S-J IT Solutions.
  9.4 No delay (unless material) shall entitle the Client to reject any delivery or performance or any other Order from the Client or to repudiate the Contract or the Order.
10. Responsibility for approving the website
  10.1 The Client acknowledges and agrees that S-J IT Solutions shall produce the Web Site based on information provided to it by the Client.
  10.2 Notwithstanding clause 8.1, it shall be the responsibility of the Client (and not S-J IT Solutions) to review and approve the content of the Web Site (including, without limitation, the spelling of names and addresses and the accuracy of telephone numbers) at the time of the completion of such Web Site by S-J IT Solutions to the Client for approval by the Client.
  10.3 S-J IT Solutions shall have no liability to the Client for any inaccuracies in the Web Site if and to the extent that the Client has failed to review and/or approve (or require amendment (as the case may be)) provided to the Client by S-J IT Solutions pursuant to this Agreement
11. Termination
  11.1 S-J IT Solutions may terminate the Contract immediately in the event that the Client is in breach of its obligations under the Contract and/or the Client suffers any event of insolvency or is or becomes unable to pay its debts as they fall due
  11.2 S-J IT Solutions may at its discretion suspend or terminate the supply of any goods and services if the Client fails to make any payment when due or otherwise defaults in any of its obligations under the contract or any other agreement with S-J IT Solutions or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or S-J IT Solutions bona fide believes that any of those events may occur and in any case of termination may forfeit any monies paid.
  11.3 S-J IT Solutions may by written notice terminate the Agreement immediately and without liability for compensation or damages except as mentioned in this agreement if the Client fails to make payment as specified above.
  11.4 The Client may cancel their contact by giving 30 days written notice
12. Third Party Claims
  12.1 The Client shall indemnify S-J IT Solutions and keep S-J IT Solutions indemnified from and against any and all actions, costs (including, without limitation, the cost of defending any legal proceedings), claims, proceedings, accounts and damages in respect of any infringement or alleged infringement by a third party of any patent, registered design, unregistered design, design right, copyright, trade mark or other industrial or intellectual property rights resulting from compliance by S-J IT Solutions with the Client's instructions, whether express or implied.
13. Assignment & Sub-Contracting
  13.1 None of the rights or obligations of the Client under the Contract may be assigned or transferred in whole or in part without the prior written consent of S-J IT Solutions.
  13.2 The Web Site shall be for the sole use of the Client and shall not be capable of assignment to a third party by the Client
  13.3 S-J IT Solutions shall be entitled to sub-contract any work relating to the Contract without obtaining the consent of, or giving notice to, the Client.
14. Notices
  14.1 Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by prepaid first class letter post or facsimile transmission.
  14.2 Any notice or document shall be deemed served: if delivered, at the time of delivery; if posted, 48 hours after posting; and if sent by facsimile transmission, at the time of transmission.
15. Invalidity
  15.1 The invalidity, illegality or un-enforceability of any provision of these conditions should not affect the other conditions
16. Third Party Rights
  16.1 A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
17. Law & Jurisdiction
  17.1 The Contract shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.

March 2010 Edition

 
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