Swift Solutions - IT Services Since 1996
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  Home > Terms Thursday, 28 August, 2008  

Terms


Swift Solution's terms are outlined below. For Nominet's Terms and Conditions, click here.

1. Interpretation

In this contract unless otherwise stated.

“Company” means Swift Solutions Ltd, a company registered in England & Wales under number 03588326.

“Contract” means these conditions, the price list and the registration form;

“Customer” means the person named as such on the registration form and anyone reasonably appearing to Swift Solutions Ltd to be acting with that customer’s authority or permission;

“Domain Name” means a name registered with an Internet registration authority. The company does not accept any responsibility for, or make any warranty that the domain name requested by the customer will be accepted for registration in the register of the naming organisation. The Company will not be liable for any cost of the customer incurred if the application for Registration is unsuccessful. The Company does not accept any responsibility or liability to third parties for breach of their intellectual property rights.

“Information” means the visual, textual, or other information published or otherwise made available (directly or indirectly) on the Internet using the service;

“Renewal Period” depends on the service provided and can range from 1 month to 2 years.

“Internet” means the global data network comprising interconnected networks using TCP/IP (Transmission Control Protocol/Internet Protocol).

“Order Form” means the Swift Solutions Ltd order form that identifies the customer and the service that they require;

“Service” means the provision of server capacity (where applicable) on the world wide web and any other services provided by Swift Solutions Ltd for the customer in relation to the services;

“Third Party Information” means any visual, textual or other information not owned or generated by the customer published on the web site established by the customer on the Internet using the service;

“URL” means a Uniform Resource Locator, which is the full address for the customers web site and which incorporates the customers Domain Name.

“Credit/Debit Card” means any credit or debit card issued by any financial institute which is acceptable to the company. These include but are not limited to Visa, MasterCard, American Express, Switch & Delta.

2. Provision of Service

Swift Solutions Ltd agrees to provide the customer with the service on the conditions of this contract. The service can only be used if the customer has access to the Internet. This contract does not include the provision of any telecommunication service for Internet access or any equipment required unless otherwise specified. Swift Solutions Ltd reserves the right to temporarily suspend the service for repair maintenance or improvement, but prior to doing so will give as much on line notice as is reasonably practical. Swift Solutions Ltd will restore service as soon as is possible after any suspension.

3. Minimum Period of Service

The minimum period of service begins on the date stated as the ‘Active Date’ but it does not prevent Swift Solutions Ltd from exercising its rights to suspend the service subject to paragraph 7.

4. Charges

Means the charges payable by the customer for the provision of the service. The customer agrees to pay all charges for the service as specified. Swift Solutions Ltd reserves the right to vary any of the charges for the service at any time but will give the customer a minimum of 28 days notice before any new charges become effective.

5. Security

The customer is responsible for the security and proper use of user names, passwords and security check words used in connection with the service and must take all necessary steps to ensure that they are kept confidential.

The customer must immediately inform Swift Solutions Ltd if there is any reason to believe that a user name or password has or is likely to become known to someone not authorised to use it.

The customer must immediately inform Swift Solutions Ltd of any changes to the customers details, which the customer supplied when registering the service.

6. Use of Service

The customer warrants that the information is accurate and will not include any information or material, any part of which, or the accessing of which would form part of a criminal offence. In particular the customer warrants that all necessary licences and consents have been obtained.

7. Breaches of Contract

If the customer does not pay any charge within 28 (twenty-eight) days of it falling due.

If Swift Solutions Ltd believes the service to be being used in a manner prohibited under section 6.1 even if the customer is unaware that the service is being used in this way.

The customer will remain liable to pay all charges that are due for the service during any period that the customer does not comply with this contract.

8. Termination by Notice

Either party can terminate this contract on giving 28 days notice to the other party.

If notice is given under paragraph 8.1, the customer shall pay all charges due for the service up to the expiry of the notice and subject to paragraph 3.

If Swift Solutions Ltd gives notice under paragraph 8.1, Swift Solutions Ltd will repay the appropriate portion of any charges paid in advance following expiry of the notice period.

Termination by notice of this service under paragraph 8 does not avoid any liability for service already provided.

Notice for termination of this contract must be given in writing to Swift Solutions Ltd, 3 The Square, Brade Drive, Coventry, CV2 2QJ or sent through our contact form.

9. Indemnity

The customer must indemnify Swift Solutions Ltd against any claims or legal proceedings that anyone (other than the customer) threatens or makes against Swift Solutions Ltd because of the way the service is being used or because the service is faulty and cannot be used.

10. Matters Beyond the Parties Reasonable Control

If either Swift Solutions Ltd or the customer is unable to perform any obligation under this contract because of a matter beyond its reasonable control such as lightning, flood, exceptional weather conditions, fire, explosion, war, civil disorder, or acts of local or central Government or other competent authorities, it will have no liability to the other party.

11. Offensive Material

The customer is not permitted to post, link to, or transmit:

(a) Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.

(b) Any material containing a virus or other hostile computer program.

(c) Any material which constitutes or encourages a criminal offence or which infringes on trade mark or copyright or any other intellectual property right which may subsist in law under any jurisdiction.

12. Money-Back Guarantee

The Swift Solutions 30 Day Money Back Guarantee applies to all Website packages and hosting.

If you are not completely satisfied within 30 Days of your accounts activation you will receive a full refund of the fees charged.

This Guarantee begins on the first day of the registration of the account.

Please note; there is NO REFUND for domain name registration fees or any unused bandwidth, therefore domain name registrations and any excess usage of bandwidth will be billed accordingly.

Swift Solutions customers upgrading an existing package have already had the benefit of the 30 Day Money Back Guarantee.

Each customer can only use the Money Back Guarantee once.

13. VAT

All prices quoted exclude VAT at the standard rate currently 17.5%

14. Law

This contract is governed by the laws of England and Wales.