These General Terms & Conditions and the Service Specific Terms & Conditions, the Acceptable Use Policy and any information relating to the Service/Package purchased from Andrew Talbot Design form the Agreement between Us. If any of these General Terms & Conditions are inconsistent with any terms set out in Andrew Talbot Design Service-specific terms & conditions, the Service-specific terms & conditions shall prevail.
By signing up for the Services You warrant that You are at least 18 years old, and legally capable of entering into a binding contract; or acting with the express permission and using the payment details of a person or organisation who in turn is agreeing to be bound by the terms of this contract.
You acknowledge and accept that Your use of the Services must be in accordance with the Acceptable Use Policy which can be viewed here.
By nature of owning an Andrew Talbot Design account, You accept these Terms & Conditions.
1.1 “Agreement” means any agreement to which these terms & conditions are incorporated.
1.2 “Andrew Talbot Design” means Andrew Talbot Design Limited with registered office at Albion Dockside Building, Hanover Place, Bristol BS1 6UT company number 05737190.
1.3 “Package” means a collection of Services.
1.4 “Pay As You Go” means Andrew Talbot Design no minimum term commitment monthly payment option.
1.5 “Prices” means the Prices for the Services set out in order form or as otherwise notified to You.
1.6 “Services” means the Services to be provided by Andrew Talbot Design.
1.7 “You/Your” means the person or company who purchases Services from Andrew Talbot Design.
2. Duration and Renewal of Services
2.1 Services for which payment is required on an annual basis are available for fixed 12 months, 24 months or 36 month contract periods. Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, the minimum contract term on all Packages shall be 12 months.
2.2 When Entering into a contract as a consumer (not in the course of conducting business) the Consumer Protection (Distance Selling) Regulations 2000 allow you to cancel the Contract at any time within seven working days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the seven working days cooling-off period has expired. As a result, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000.
2.3 For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
2.4 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, or agreed by Andrew Talbot Design in writing prior to purchase, Services are not available on a trial basis. It is Your responsibility to ensure that the Services you purchase are suitable for your technical requirements.
3.1 You are entitled to cancel the services by contacting Andrew Talbot Design cancellation team no more than 30 days prior to the expiry of your minimum contract term and no less than 5 working days prior to the next payment date of that service. Once Andrew Talbot Design accepts your cancellation request you will be provided with written confirmation of cancellation. Cancellation requests will not be deemed to have been received and accepted until this confirmation has been issued.
3.2 Andrew Talbot Design reserves the right to cancel and/or suspend Your Service at any time without notice if You breach these General Terms & Conditions and/or the Service Specific Terms & Conditions and/or our Acceptable Use Policy.
4.1 Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.
4.2 In the event that Andrew Talbot Design cancels Your Service for reasons other than Your breach of contract, You will be entitled to a pro-rata refund based upon the remaining period of Your current contract term.
4.3 If You contravene Your Agreement with Andrew Talbot Design, a refund will not be issued in the event of a cancellation.
4.4 Domain credits are non-refundable as they enable the purchase of domain names at discounted Prices, based on an up-front commitment.
4.5 Credit notes can only be used for payment (or partial payment) of Your Service, and are non-refundable.
4.6 Unused reseller funds on account will only be recoverable when the account is closed.
5.1 All Services and Packages must be paid for in advance in accordance with the specific provisions of that Service or Package. In signing up for an Andrew Talbot Design account You agree to commit to the contract for the fixed term. It is not possible to provide early payment and terminate the contract prior to the expiry of the fixed term.
5.2 Payment will be due on the basis of the Service and/or Package You have selected. If You have purchased “Pay as You go” Services or Packages then payment will be required monthly in advance. If You have purchased Services on a fixed 12 month, 24 months or 36-month basis then You will be required to pay on the payment plan You selected, paying in advance or by way of monthly instalments in advance throughout the year.
5.3 You will be invoiced automatically for the next pre-paid period on the basis of your current payment plan at the expiry of the current pre-paid period unless You have cancelled the Services in accordance with clause 3.1. Payment of the Price will be taken via the payment method specified and will be non-refundable. In cases of failed payment, the invoice will become due and payable to Andrew Talbot Design in its entirety.
5.4 Andrew Talbot Design reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. Notice of changes to Prices and/or Services will be given by e-mail to the e-mail address held in Your Andrew Talbot Design Account. If You have already purchased a particular Service then the change in the Price or nature of that Service will only become effective when the Service reaches the end of its current term. You will be charged the new Price when the Service is automatically renewed at the end of the current term.
5.5 All payments must be made in UK pounds sterling, inclusive of applicable taxes.
5.6 You warrant that You are authorised to make payment using the payment card or facility You disclose to Andrew Talbot Design. In the event that You are not the named cardholder, You acknowledge that You and the party who is the named cardholder both accept Andrew Talbot Design’ Terms & Conditions and are jointly and severally liable for the payment of all Prices for which payment will be taken from the payment card. You will indemnify and hold Andrew Talbot Design harmless in the event that the cardholder or issuer declines any transaction for payments to Andrew Talbot Design, including all of Andrew Talbot Design costs in administering Your non-payment and obtaining payment of those Prices due.
5.7 Andrew Talbot Design reserves the right to suspend all Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a 10% administration charge with a minimum of £12.50 per invoice. You are responsible for all money owed on the account from the time it was established until Andrew Talbot Design accepts Your cancellation request. You are responsible for any additional costs incurred by Andrew Talbot Design in the collection of outstanding debt.
5.8 You are required to have a valid email address and credit/debit card and/or PayPal account registered to Your account at all times, failure to do so will result in automatic suspension of Your account. If You cancel Your credit/debit card and/or PayPal account for any reason You must immediately notify Andrew Talbot Design and provide details of a current valid payment card and/or PayPal Account.
5.9 Payments processed by PayPal are subject to PayPal’s terms and conditions of Service, and Andrew Talbot Design makes no representations or warranties with respect to those Services.
5.10 No bills or invoices will be sent by regular mail. All invoices will be sent directly to You via email shortly after the purchase or automated renewal transaction is completed.
5.11 If You fail to pay all Prices due, Andrew Talbot Design reserves the right to interrupt, suspend or cancel the Services to You. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to Andrew Talbot Design.
5.12 Please refer to Andrew Talbot Design Service Specific Terms & Conditions including, but not limited to, the Domain Name terms of Service for Domain Name for specific payment policies.
5.13 Any unused Credit notes on Your Account will be taken in payment of Your Service. Where the value of the unused Credit note is less than the total payment due, the remainder of the balance will be taken from the current payment method on Your account.
6.1 If You withdraw any payments made via a bank, credit card or PayPal account (a “chargeback”) Andrew Talbot Design will either defend such chargebacks directly with the card issuer or take appropriate steps to recover the original monies from You in addition to an administration fee of £20, +VAT if applicable, for each inappropriate chargeback raised.
6.2 If a chargeback is made, Andrew Talbot Design reserves the right to immediately interrupt, suspend or cancel all services within your Account. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to Andrew Talbot Design.
7. Appropriate Service use
7.1 Andrew Talbot Design reserves the right to refuse service and/or access to its servers and/or Services to anyone.
7.2 Andrew Talbot Design does not allow any content which breaches our Acceptable Use Policy to be stored on its servers. Andrew Talbot Design reserves the right to remove content from the Services or suspend the Services immediately where it reasonably suspects such content breaches the Acceptable Use Policy.
7.3 Andrew Talbot Design shall notify You if it becomes aware of any allegation that You breach the Acceptable Use Policy.
7.4 Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of Andrew Talbot Design.
7.5 Andrew Talbot Design reserves the right to move Your data to a different server with no prior notice.
7.6 You shall indemnify Andrew Talbot Design against all damages, losses and expenses arising as a result of any action or claim that the data, content and/or any other material breaches the Acceptable Use Policy.
7.7 In the event that Andrew Talbot Design removes data or content from the Services and/or suspends Your site pursuant to clause 7.2, and later reinstates such content and/or resumes the Services, You shall indemnify Andrew Talbot Design against all damages, losses and expenses arising as a result of any action or claim that such content and/or data and/or the Services Your site breaches the Acceptable Use Policy.
8. Scheduled maintenance
8.1 To guarantee optimal performance on the servers, it is necessary for Andrew Talbot Design to perform routine maintenance. Such maintenance often requires taking Andrew Talbot Design Services off-line, typically performed during off-peak hours. Andrew Talbot Design will give You advance notice of maintenance requiring the Services to be taken off-line whenever possible by publishing a notice on the Andrew Talbot Design website.
9.1 We will endeavour to provide a continuous high-quality service. If You experience problems with Your Service, You should consult Andrew Talbot Design support website and search for a resolution to Your problem in Andrew Talbot Design Knowledge Base. You will also find Andrew Talbot Design 24/7 support contact details here.
9.2 Please note we may require suspension of some of Andrew Talbot Design Services for short scheduled periods to carry out maintenance or repair to Andrew Talbot Design Services. Information concerning scheduled downtime is available on the Andrew Talbot Design support website, as are details of any interruptions to Andrew Talbot Design Services.
10. Reselling of Services
10.1 All Services are intended for use by the primary owner only, should you operate a ‘reseller’ package and choose to resell, store or give away web-hosting Services to other parties You agree that such activity will be undertaken at your own risk. You also accept responsibility for ensuring that all end-users abide by these terms of service.
10.2 Andrew Talbot Design accept no liability to you or any third parties for losses arising from the Reselling of services as detailed in 10.1.
10.3 Andrew Talbot Design reserve the right to suspend access to the automated management facilities of the Reseller account including the API (Application Programming Interface) if a customer’s use is deemed to be affecting the platform for which Andrew Talbot Design delivers the Services.
11. Database Usage
11.1 If You exceed the limits on Andrew Talbot Design database products (MySQL) then we will automatically charge You for the additional space You use at Andrew Talbot Design current Prices. For example, if You have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 50MB in that month.
12.1 All data created or stored by You within Andrew Talbot Design’s applications and servers are Your property. Andrew Talbot Design shall allow access to such data by only authorised Andrew Talbot Design personnel. Andrew Talbot Design makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder’s server space or within applications on Andrew Talbot Design’s servers.
12.2 Andrew Talbot Design maintains backups of its servers and infrastructure pursuant to its own archiving and business continuity procedures. In the event of loss of or damage to your data relating to actions made by You or on Your behalf, you will not be given access to any data stored as part of these procedures.
12.3 In the event of loss of or damage to your data relating to a failure in Andrew Talbot Design systems or servers, Andrew Talbot Design will make reasonable commercial efforts to assist you in the restoration of your data, however, You accept full responsibility for maintaining adequate backup copies of all your data.
12.4 You shall indemnify Andrew Talbot Design against all damages, losses and expenses arising as a result of any action or claim that the content or data of Your site or content or data accessed from or published as part of the Services infringes the intellectual property rights of a third party.
13. Uploads via scripting languages
13.1 We limit uploads made via scripting languages – including PHP. Uploads made using PHP are limited to 2MB per file.
14.1 It is the account owner’s responsibility to keep his/her password(s) confidential, and to change the password on a regular basis. Andrew Talbot Design is not responsible for any data losses or security issues due to stolen passwords or any passwords that You have intentionally or accidentally disclosed to any third party. Andrew Talbot Design recommends that You use passwords that contain numbers and symbols in order to prevent unauthorised users from guessing commonly-used choices (i.e. “12345”, “password”, etc.).
14.2 You accept full responsibility for any purchases or modifications made within your control panel by You or by third parties using your account password.
15. Your personal details
15.1 You warrant that the contact information that you provide to us on the establishment of your account is correct and that You accept responsibility for keeping this information up to date at all times. You agree that we may suspend access to your account and the Services if we reasonably believe that the information you have supplied is inaccurate.
15.2 Please note that whilst Your email is primarily used for billing purposes, Andrew Talbot Design reserves the right to email You information about its product offerings. You can unsubscribe from marketing communications from Andrew Talbot Design at any time.
16. Andrew Talbot Design Disclaimers and Warranties
16.1 Andrew Talbot Design does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Andrew Talbot Design cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all Service interruptions caused by Andrew Talbot Design.
16.2 Andrew Talbot Design makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder “as is” without warranty of any kind.
16.3 So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.
16.4 For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
17.1 Andrew Talbot Design shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.
17.2 Andrew Talbot Design will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
17.3 No matter how many claims are made and whatever the basis of such claims, Andrew Talbot Design’ maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by You for the Services in relation to which Your claim arises during the 12 month period prior to such claim.
17.4 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Andrew Talbot Design, its employees or its sub-contractors.
17.5 Andrew Talbot Design shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-
17.5.1 interruptions to the flow of data to or from the internet;
17.5.2 changes, updates or repairs to the network or software which it uses as a platform to provide the Services;
17.5.3 the effects of the failure or interruption of Services provided by third parties;
17.5.4 factors outside of Andrew Talbot Design’s reasonable control;
17.5.5 Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
17.5.6 problems with Your equipment and/or third-party equipment;
17.5.7 interruptions to the Services requested by You.
18. Force Majeure
18.1 Andrew Talbot Design shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of Andrew Talbot Design (or any other party) or compliance with any law or governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication Services generally, or other similar force beyond its reasonable control.
19.1 The failure of Andrew Talbot Design to require Your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Andrew Talbot Design of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
20.1 The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable notwithstanding termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.
21.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by Andrew Talbot Design to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information You have provided.
22. Governing Law
22.1 Except as otherwise set forth in the Domain Dispute Policy, Your rights and obligations and all contemplated by this Agreement shall be governed by English law and You submit to the exclusive jurisdiction of the English Courts.
23. Legal Fees
23.1 If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
24.1 You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of Andrew Talbot Design However, in the event that Andrew Talbot Design consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
25. Entire Agreement
25.1 This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.
26. Amendment in Writing
27. Further Assurances
27.1 The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.
28. Relationship of the Parties
28.1 Nothing in this Agreement shall be construed as creating any agency relationship, partnership or joint venture between the parties.
29. Joint and Several Obligations
29.1 If any party consists of more than one entity, their obligations hereunder are joint and several.
30. No Third-Party Beneficiaries
30.1 This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
31.1 In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by an applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Andrew Talbot Design 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 Andrew Talbot Design as reflected in the original provision.
Please note: by signing up for any of our services you agree to be bound by all Andrew Talbot Design terms and conditions.