terms - dgracie.co.uk - web site and graphic designer

Welcome to dgracie.co.uk (the "Site") owned and made available by David Gracie (referred to in these Terms and Conditions as "we" and "us"). The Terms and Conditions form part of an agreement between you, the end-user, and ourselves and sets out the conditions under which you may access the information, products, services available through the Site. By accessing, viewing or using the Site you have indicated to us that you both understand and agree to be bound by these Terms and Conditions.

Please note that dgracie.co.uk provides internet based services – web hosting, email, domain management and additional internet services. We reserve the right to suspend or cancel a customers’ access to any or all services provided when an account has been inappropriately used or otherwise.

We reserve the right to change our Terms and conditions when necessary due to the continual evolving nature of our business. It is your responsibility to ensure that you check these terms and conditions regularly.

For our general terms and conditions please click here >>

By signing up for any service you agree to be bound by all terms and conditions irrespective of the mode or manner of ordering employed by the User when ordering the services.

This Agreement is made between us and you as defined in (1) of the general terms and conditions . The date of this Agreement is the date you order our services.

Design Terms and Conditions

Should you request us to design your website using your own images and content, you acknowledge and agree that you are responsible for supplying us with materials which do not infringe any copyright. We will not be responsible for any copyright issues that may occur as a result of images supplied by you.
We may, at our discretion, decline to perform the service if your expectation exceeds the scope of work as defined during the sales process.
You acknowledge that the volume or type of material submitted must be commercially realistic for us to build the website within the defined scope of work. You accept that we may, at our discretion, decline to perform the website development services if your expectation exceeds the scope of work as agreed with you when your order for the Service was placed.
We may reproduce, as well as digitally manipulate the materials in the course of building your website and you confirm that we are allowed to do so. We reserve the right to reject any part of the material submitted if it is deemed by us unsuitable for inclusion within your website or if such materials violate any aspect of our Acceptable Use Policies.
If we are unable to proceed with the build of your website until you supply us with images, documentation, approval, no refund will be issued.
With the exception of any Third-Party Materials, the customer owns the Website and Customer Provided Content. "Customer Provided Content" means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to dgracie.co.uk.
The graphics utilised from dgracie.co.uk graphics library are licensed from third-party suppliers. Images and logos created by dgracie.co.uk are wholly owned by dgracie.co.uk and a release fee may apply on request for release.
"Third-Party Materials" means any content, software, or other computer programming material that is owned by an entity other than dgracie.co.uk, and licensed by dgracie.co.uk or generally available to the public, including Customer, under published licensing terms, and that dgracie.co.uk will use in the development of or to display or run a Web site.
You accept that we will not be responsible for holding design material for more than one month from date of completion and uploading of your website to your web space. You must write to us on your company or business letterhead instruction how and when to return the design material along with a self-addressed postage paid envelope before the expiration of the one month period if you require the material to be returned.
In order for us to provide appropriate concept designs to meet your business needs, please supply preferred sites, design and colour requirements in advance. Concept designs will be included free of charge for higher cost websites however for low cost sites (below £500) only one free of charge concept design is included. If additional concept designs are required, additional charges may be incurred by you.
You are responsible for ensuring that your website and its content comply with standing regulations. We are not responsible for any failure to comply with any selling, trade or business regulations.
We are not responsible for your on-going website promotion. Your site will be submitted to the most popular search engines free of charge however sometimes URLs take time to be listed or are not accepted. We will not be held liable if a URL is not indexed in certain search engines.
We will remind you to provide required information for a period of six months during which time you will receive several emailed notifications from us. No refund will be granted on the grounds that the website was not created due to material not being supplied by you.
Should you decide that changes are required to what was originally quoted and agreed, we will accept these changes on the basis that additional charges may have to be negotiated.
If you wish to cancel, you have a 48 hour (2 working days) cancellation period which takes effect from the date you purchased your premium design service. You should contact us by email within this time period. Your service will be cancelled and all monies returned with the exception of a £100 administration charge to cover costs incurred up to that point.
Dgracie.co.uk agrees to provide reasonable technical support to Customer during their normal technical support hours. dgracie.co.uk additionally agrees to provide customer service support in the form of e-mail and telephone during normal customer support hours.
In the unlikely event that we are unable to reach sign off for your site, and all attempts at mediation have failed, no refund will be issued where customer approval is unreasonably withheld.
We recommend that you make or purchase a backup of your website. We will not be held liable if a backup is not available to you.
These terms are in addition to our general terms and conditions.

General Terms and Conditions

DEFINITIONS:
In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and "we", "us" and "our" refer to dgracie.co.uk. This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services. By selecting Our service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional service(s) or to modify or cancel your service(s) (even if we were not notified of such authorisation), this Agreement covers any such service or actions.
ACCURATE INFORMATION:
As consideration for the service(s), you agree to: (1) provide certain current, complete and accurate information about you as required by the application process; and (2) maintain and update this information as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services. In particular you agree that if you fail to notify us by e-mail of any change of address within four weeks of your change of your address then we have the right to terminate your contract with forthwith without notice to you. Our e-mail address for such notifications is addresschange@dgracie.co.uk.
FEES AND PAYMENT, TERM, RENEWAL AND TERMINATION:
1. As consideration for the Service(s), you agree to pay the applicable Service(s) fees set forth on our Web site at the time you request the Service. All fees are due immediately and are non-refundable. Each domain name registration is for an initial term, or such longer term as you may order or as may be required by a particular registry administrator, and is renewable thereafter for successive periods, as set forth during the renewal process.
2. All payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, or if your charge card declines you will be liable for an administration charge of £25;
3. In the event of non-payment by you in connection with your payment of the applicable service or renewal fee, you acknowledge and agree that the Service for which such fee has not been paid within 14 days of the due date may be suspended, cancelled or terminated, in our sole discretion, or, in the case of a domain name, transferred to us as the entity that has paid the applicable fee to the registry. After 21 days of the payment due date, we reserve the right to cancel the service. In addition, we reserve all rights regarding such domain name registration including, without limitation, the right to make the domain name registration available to other parties for purchase. We will reinstate any such Service solely at our discretion, and subject to our receipt of the applicable Service or renewal fee and our then-current reinstatement fee.
4. ALL FEES ARE NON-REFUNDABLE , IN WHOLE OR IN PART, EVEN IF YOUR SERVICE IS SUSPENDED, CANCELLED OR TRANSFERRED PRIOR TO THE END OF THE THEN-CURRENT SERVICE TERM. We reserve the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion, without prior notice to you.
5. You acknowledge and agree that, to the extent necessary, it is your responsibility to: (1) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (2) provide for your own connection to the Internet and pay any telephone service fees associated with such connection.
6. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you;
7. Due to the nature of domain name registration, all sales are final. No refunds can be issued once a domain name is registered. We may take all remedies available to collect fees owed.
8. TERM OF SERVICE
  Unless otherwise specified, each service is for an annual term, and unless otherwise specified at time of commencement of service, all services will incur an annual fee. It is your responsibility to renew or cancel services that you no longer require at the appropriate time. Appropriate notices will be provided.
9. RENEWAL
  Any renewal of your Services with us is subject to our then current terms and conditions, including, but not limited to, payment of all applicable Service fees at the time of renewal.. Except with respect to Services to which you subscribe on a monthly basis, we will attempt to provide you a renewal reminder prior to the renewal of your Services at least fourteen (14) days in advance of the renewal date. Additional payment terms apply to certain services, as set forth in this Agreement.
10. You are solely responsible for ensuring the Services are renewed. WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW THE SERVICES AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE SERVICES. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement.
11. Except as otherwise provided in this Agreement, you agree that, during the term of this Agreement, we may: (1) revise the terms and conditions of this Agreement; and/or (2) change the Services provided under this Agreement, in whole or in part, at any time. Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the Service(s) on our Web site, or upon transmission to you at the e-mail address or postal address provided by you in connection with any Service purchased from Us; provided, however, that terms and conditions for new services shall be effective immediately upon posting on our Web site and will be applicable to you when you order such new Service(s). Your continued use of any Service(s) purchased through us shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by Us, each with the new modifications. If you do not agree to any of such changes, you may request that your Service(s) be cancelled. You acknowledge and agree that such cancellation will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by us from time to time.
12. TERMINATION
  We shall have the right to terminate this Agreement by notice in writing to the Customer if any of the following events occur
  1. Customer fails to make any payment when it becomes due to Us.
  2. Customer is in beach of any of its obligations under this Agreement
  3. A receiver or liquidator is appointed over the Customer or any of its assets
  4. Customer enters or proposes to enter into any arrangements with its creditors, including voluntary arrangements
13. If the Client terminates this Agreement during the contract period other than because The company has increased its Charges or materially changed the terms of this Agreement to the Client's detriment, the Client must pay us the applicable Charges for the remainder of the contract period.
14. Either party may terminate this Agreement or the Service provided under it forthwith by notice to the other if:
  1. the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
  2. the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
15. If any of the events detailed above occur as a result of our default, we may by giving notice to the Client to disconnect the Service or any part of it without prejudice to our right to terminate this Agreement. Where the Service or any part of it is disconnected under this paragraph, the Client must pay the Charges for the Service until this Agreement is terminated.
16. Any rights to terminate this Agreement shall be without prejudice to any other accrued rights.
17. On termination of this Agreement for any reason: we shall have the right immediately to remove any Apparatus from the Premises; and all amounts owing for the Service shall be due and payable in full on demand whether or not then due and Client shall have no right to withhold or set off such amounts; and we may delete all e-mail, Websites, and other data stored on the Service by the Client and re-use the e-mail addresses, domain names not held by the Client and Web-spaces. We shall not exercise this right for four weeks in the case of termination by us other than for breach by Client.
18. Consequences of Termination
  1. Upon the termination of any Agreement for any reason whatsoever: the Client shall promptly return to us all copies of Software in his possession; and we may cease to host the Web Site or any service with immediate effect; and each party shall on request promptly return any documents or papers relating to the business of the other party (including any of the other party's Confidential Information) which it then has in its possession or control.
19. Assignment
  1. We may assign or otherwise transfer this Agreement at any time. Client may not assign or otherwise transfer this Agreement or any part of it without our written consent.
20. SUSPENSION, CANCELLATION, TRANFER OR MODIFICATION OF SERVICE(S)
  1. You acknowledge and agree that we may suspend, cancel, transfer or modify your use of the Services at any time, for any reason, in our sole discretion and without notice to you. You also acknowledge and agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.
21. INTELLECTUAL PROPERTY RIGHTS:
  1. You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed content on your website;
22. INDEMNITY:
  1. You agree to defend, indemnify and hold harmless the company, its subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising out of or related to (i) your use of or connection to the Services, including, but not limited to, your application for, registration of, renewal of or failure to register or renew a particular Service registered in your name, (ii) your Content; (iii) your breach or violation of any term, condition, representation or warranty of this Agreement; or (iv) your violation of any rights of others. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.
23. LIMITATION OF LIABILITY:
  1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded;
  2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence;
  3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim;
  4. In any event no claim shall be brought unless you have notified us of the claim within one year of it arising;
  5. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever;
24. FORCE MAJEURE:
  1. Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, provided that the party relying upon this section shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, we may immediately terminate this Agreement and shall have no liability therefore.
25. NOTICES:
  1. Any notice to be given by you to us must be sent by recorded e-mail to us at admin (at) dgracie (dot) co (dot) uk or such other address as we may from time to time have communicated to the you in writing; notices sent shall be deemed to be served two days following the date of posting;
26. LAW:
  1. This Agreement shall be governed by and construed in accordance with Scottish law and you hereby submit to the non-exclusive jurisdiction of the Scottish courts.
27. PRIVACY:
  1. Our privacy statement sets forth your and our rights and responsibilities with regard to your personal information. You agree that we, in our sole discretion, may modify our privacy statement. We will post such revised statement on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by using our services after modifications to the privacy statement become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, we have the right to terminate this agreement forthwith without notice to you. We will not refund any fees paid by you if you terminate your Agreement with us. We will not process the personal data that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement and we will take reasonable precautions to protect your personal data from loss, misuse and unauthorized access, disclosure, alteration or destruction. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party's personal data has been collected, (ii) the intended recipients or categories of recipients of the third party's personal data, (iii) which parts of the third party's data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete or inaccurate information. Even if you intend to license the use of our domain name registration services to a third party, you will remain our customer and you are responsible for complying with all terms and conditions of this Agreement. Subject to the requirements of our privacy statement, in order for us to comply the current rules and policies for the domain name system, you hereby grant to us the right to disclose to third parties through an interactive publicly accessible registration database the following mandatory information that you are required to provide when registering or reserving a domain name: (i) the domain name(s) registered by you; (ii) your name and postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number and where available the fax number(s) of the technical and administrative contacts for your domain name(s); (iv) the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s); (v) the corresponding names of those nameservers; (vi) the original creation date of the registration; and (vii) the expiration date of the registration. We, as are all accredited domain name registrars, are also required to make this information available in bulk form to third parties who agree not to use it to (a) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) or (b) enable high volume, automated, electronic processes that apply to our systems to register domain names.
28. HEADINGS:
  1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
29. ENTIRE AGREEMENT:
  1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
30. DISCLAIMER OF WARRANTIES
  1. THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS," AS AVAILABLE BASIS. THE COMPANY LIMITED MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR SERVICE GUARANTEES, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICES. THE COMPANY LIMITED FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY: (i) THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, OR (iv) THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY US, ITS EMPLOYEES, LICENSEES OR THE LIKE WILL CREATE A WARRANTY OR GUARANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
31. GENERAL
  1. You agree and acknowledge that any acceptance of your application for the Services and the performance thereof will occur at our offices in the UK , the location of our principal place of business.
  2. Except as otherwise set forth herein, your rights under this Agreement are neither assignable nor transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement void at our option. You agree not to resell any of the Services without our prior express written consent unless you have a reseller arrangement.
  3. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Except as expressly stated herein, this Agreement shall not be construed to create any obligation by us to any non-party to this Agreement.
  4. The failure of the company to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the company as reflected in the original provision.
    ***CHECKED UP TO HERE***
DATA BACKUP
1. Unless you purchase a data backup product as an additional cost option, We will make no backups of the data stored on the Server beyond that which is advertised.
2. In the event that You purchase a data backup product We will endeavour to make backups of the data stored on the Server and make them available to You in accordance with the specification of the data backup product. However We do not warrant that any data will be backed up correctly, nor that any successful restoration of data will be possible.
3. Regardless of whether You purchase a data backup product, We shall have no liability for any loss or damage to any data stored on the Server or backup mediums.
4. We recommend that You make a backup of all data on the Server regardless of whether You have purchased a data backup product. We will not be held liable if a backup is not available to You.
USE OF SERVICES
1. You shall keep secure any identification, password and other confidential information relating to Your account or the Services and shall notify Us immediately of any known or suspected unauthorised use of the Services or breach of security, including but not limited to loss, theft or unauthorised disclosure of Your password or other security information.
2. You shall observe the procedures which We may from time to time prescribe and shall make no use of the Services which is detrimental to Our other customers.
3. In the case of an individual User, You warrant that You are at least 18 years of age and if the User is a company, You warrant that the Services will not be used by anyone under the age of 18 years.
4. You are solely responsible for the content of any postings, data or transmissions using the Services or any other use of the Services by You or by any person or entity.
5. You represent, undertake and warrant to Us that neither You or any person or entity will use the Services for illegal, disruptive or objectionable purposes. In particular, You represent, warrant and undertake to Us that.
  1. You will not use the Services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will You authorise or permit any other person to do so.
  2. You will not upload, post, link to or transmit:
    1. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
    2. any material containing a virus or other hostile computer program.
    3. any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
  3. All email sent using the Services, or which refers to content hosted on the Services will be in accordance with applicable legislation (including data protection and electronic communications legislation).
  4. You will not use the Services in any manner which interferes with, or disrupts, other network users, services or equipment including, without limitation, unsolicited advertising or chain letters, inappropriate news group or forum posts, wrongly impersonating another user and falsifying one's network identity.
  5. You will not use the Services to make or attempt to make unauthorised entry to any other machine accessible location, via the network.
  6. You will not use the Services to host an Internet Relay Chat (IRC) server or bot that is part of or connected to another IRC network or server.
6. If We have reasonable grounds to believe that You are or have been utilising the Services for any such illegal, disruptive or objectionable purpose, We may immediately, without prior notice to You:
  1. Suspend the Services.
  2. Terminate this Agreement.
  3. Amend, remove from the Server or prevent access to the offending material or content.
7. You shall defend, indemnify and hold harmless Us from and against all liabilities and costs (including reasonable solicitor's fees and litigation expenses) from any and all claims by any entity arising out of Your use of the Services, including those without consent.
SUSPENSION
1. We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to You If You:
  1. fail to pay any sums due to Us as they fall due.
  2. break any of these terms and conditions.
2. Without prejudice to Our other rights and remedies, We may at Our sole discretion suspend the provision of the whole or any part of the Services (temporarily or permanently) and will have no liability to provide the Services on the occurrence of any of the following events:
  1. Notified or unscheduled upgrade or maintenance of Our IT systems.
  2. Issue by any competent authority of an order which is binding on Us which affects the Services.
  3. We deem at our sole discretion that the network or system resources used by You in relation to the Services warrants suspension to protect the services provided by Us to all or any of Our other customers.
3. You may cancel the Services at any time with 30 days notice if you have elected a monthly payment plan or 12 months notice if you have elected a 12 month term plan. To do so You must request cancellation of the Services in writing. We will cancel the Services within 2 working days of receipt of Your request. No refund will be made on the service.
4. On termination of this Agreement or suspension of the Services We shall be entitled immediately to stop access to You Server and to remove all data located on the Server.