Jelly Web Host

Terms and Condtions

 

Jelly Web Host TERMS AND CONDITIONS

1. Agreement
These terms and conditions are the terms on which we provide the Service to you. They apply to us and to you. These terms supersede prior agreements.
CHANGES TO THESE TERMS AND CONDITIONS
These terms and conditions are subject to change as time goes by.
We will give you notice of the change and you will then be obliged to comply with the new terms and conditions as amended or cease using the Service.

2. Server / Network Maintenance.
SCHEDULED MAINTENANCE.
In order to keep its servers up to date, the Service Provider will perform scheduled maintenance to servers from time to time. We reserve the right to suspend access to the server during the time required for the scheduled maintenance.
The Service Provider will attempt to perform all scheduled maintenance at an off-peak time. If the maintenance period is expected to last for more than 30 minutes the Service Provider will post a notice regarding the maintenance to its announce mail list.

UNSCHEDULED MAINTENANCE.
Unscheduled maintenance may need to be performed. During this time the server may be off-line. In this case, a notice regarding the maintenance will be posted after it is done.

3. Client Data and Data Backup.
UPLOADING CLIENT DATA
Except for intellectual property rights in the Client Data, the Service Provider and CHOOSE  Jelly Web Host will own all intellectual property rights created during the course of providing the Service.
Subject to this clause 3 and the Acceptable Use Policy, you and your Users may upload content that you wish to be part of your website, in the manner and form and at the times directed by CHOOSE Jelly Web Host and the Service Provider from time to time.

You must ensure that all Client Data:

complies with any content standards set by the Service Provider or Jelly Web Host from time to time; complies with the Acceptable Use Policy; complies with all Laws, and does not infringe on the intellectual property rights of any person.the Service Provider and/or CHOOSE Jelly Web Host may remove any Client Data it considers unsuitable.

DATA BACKUP
It is your responsibility to maintain local copies of your web content and information. The Service Provider will not back up Client data. However, we strongly recommend that all users keep their own recent copy of their sites for any unforeseen events. Backups are made for server restoration purposes only. In the event of equipment failure or data corruption, you should be prepared to re-upload your data to your account.

UPDATES OF WEBSITE SOFTWARE
From time to time, the Service Provider and Jelly Web Host may provide updates to the website software used to run your website. It is your responsibility to update your website to the new version of the software. If you do not update to the new version of the software, then:

the security of your website and Client Data may be compromised.

4. Sub-domains and Account Rights.
SUB-DOMAINS
The Service Provider may provide some domain names to be used as sub-domains. These domain names (and all sub-domains of these domains) will remain the property of the Service Provider.

The domain names (and all sub-domains of those domains) are provided at the Service Provider’s discretion. We make no guarantee that:

you will be provided with a domain name or sub-domain by the Service Provider;
any particular domain name is or will continue to be available for you to use; or
no domain name is or will be registered which conflicts with your preferred domain name or otherwise affects use of your domain name.
If any dispute arises in relation to a domain name provided by the Service Provider, then the Service Provider may withhold, suspend or cancel the domain name.

We are not liable to you or any other person for any cost, loss or liability (including loss of profit or other consequential damage) arising from the Service Provider’s supply or failure or delay in supplying these sub-domains.

5.HOSTING PLAN
At the time that you sign up for the Services, you must select a website hosting plan from those offered in your quotation. Each website hosting plan comes at a different cost and offers a different level of service. The hosting plan you select will determine the:

disk space (web files, email, and database);
maximum monthly level of traffic usage before incurring extra traffic costs;
number of domains, sub-domains and domain aliases;
MySQL databases; and
email mail lists,
that is included in the Services.

NO RESALE
You must not resell the Services without our express permission. Reselling the Services without our express permission will bring you into breach of this agreement.

ACCESS TO ACCOUNT
Access to your account using the Service includes access to:

your website; and
File Access: files stored on the website/hosting account, via the CMS.
The Service does not include access to the Service Provider’s hosting account.

You can obtain access to your account through the username and password that we assign to you. It is your responsibility to maintain the confidentiality of your username, password and other account information.

TECHNICAL SUPPORT AND OTHER ADDITIONAL SERVICES
The Fees include the provision of normal web hosting and server maintenance services.

At your request, we may carry out Additional Services for you, for example:

technical support for application-specific issues, such as PHP, HTML or script installation
You must pay for all Additional Services that you request at our then-current Professional Rates.

SUSPENSION OR TERMINATION OF ACCOUNT
We may monitor your account and the conduct of your account (but we have no responsibility to do so) to determine whether you and all Users are complying with this agreement.

We reserve the right to suspend your account or terminate your account with immediate effect without notice, if:

we believe that your use of the Service may be in breach of any law;
we believe that you or a User has committed a breach of this agreement;
we believe that your use of the Service may compromise or have an adverse effect on our systems or networks, or the Service Provider’s systems or networks; or
the Service Provider suspends or terminates your account.
If we believe that your use of the Service may be in breach of any law, then we may notify the relevant authorities, and provide them with relevant information as appears appropriate in the circumstances.

You agree that you will have no claim against the Service Provider or Jelly Web Host in respect of any action reasonably taken by us or the Service Provider under this clause 4, and you indemnify the Service Provider and Jelly Web Host against any claim by a User arising out of the same.

FEES.
You are liable to pay the following fees:

1.the setup fee (if any) that we advise you of at the commencement of the agreement;
2.fees for Excess Traffic Usage (if any) for each month, and
3.fees for Excess Storage (if any) for each month,
4.fees for Additional Services (eg: domains, SSL Certificates etc. If any) that you request us to perform,
collectively, the Fees.

The hosting fees are charged annually one period in advance. The Fees are exclusive of any registration or delegation charges imposed by domain name authorities or your ISP.

The fees for Excess Traffic Usage and Additional Services are charged at the end of the month for the previous month unless other arrangements are made in writing with Jelly Web Host .

At the time of purchase, the client will pay the setup fee (if applicable) and prepay a recurring amount for the selected hosting period. Charges for Excess Traffic Usage (web, ftp and mail) and Additional Services will be billed retrospectively, for the previous month.

CHANGES TO FEES.
Our current Fees are set out in the Web Site. They will apply to you for the duration of the billing period.

We reserve the right to change our Fees. If we change our Fees, then we will provide you with notice of the changed Fees through the Jelly Web Host website, or email to clients. The new fees will apply from the date that your pre-paid billing period expires.

INVOICING.
Your invoice will be sent to you at the time the payment is due. You must pay as indicated on the invoice sent to you from Jelly Web Host.

We reserve the right to immediately terminate the Service if payment is not received timely.

The Service Provider and Jelly Web Host are not responsible for data integrity on accounts suspended for non-payment.

6. Limitations of Service
You acknowledge that due to the inherent risks of the internet, and of computer-based networks and systems:

the services provided under this agreement will not be uninterrupted or error-free;
the services may not meet your requirements, and your data may not be secure or protected from loss or corruption, and data loss or corruption may occur due to delays, service interruptions or other reasons.

7. Liability

we are not liable for any indirect or consequential losses, or any loss of revenue, loss of profit, loss of business opportunity, or payment of liquidated sums, penalties or damages under any agreement) sustained by you or any other person arising from or in connection with the Service or this agreement;
we are not liable for any losses you suffer or incur by or in connection with the Service or this Agreement that is caused by (or to the extent contributed to by) the acts or omissions of a third party, and we are not liable for any losses you suffer or incur due to factors outside our reasonable control.

8. You agree to abide by the Service Provider’s Acceptable Use Policy.
You are solely responsible for dealing with persons who access the Client Data and must not refer complaints or inquiries in relation to such data to us.

You must, and you must ensure that any User does, comply with the Acceptable Use Policy at all times in relation to the Service.

The Service Provider reserves the right to immediately discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, and these terms and conditions. We are not liable for any losses that you suffer as a result of any such discontinuation.

9. Service Cancellation

For any reason, you wish to terminate your Web Hosting Service or Web Design project with Jelly Web Host, you will forfeit all ownership of existing concepts and ideas. Your deposit amount will not be refunded under any circumstances, and you will not be eligible to take work that has already been completed. You are not eligible to take existing ideas and have them
reproduced by a third party. Any breach of copyright after a service has been canceled will be taken very seriously by our legal team.