Terms and Conditions
You indicate acceptance of these terms and conditions of service by placing an order with Bluejays PC Services.
These terms and conditions will not be varied for individual customers.
1 DEFINITIONS
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "downtime" means any service interruption in the availability to visitors of the Website;
1.1.2 "intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing,
copyright, topography rights, database rights, rights in know-how, trade or business names and other similar
rights or obligations, whether registrable or not in any country;
1.1.3 "Bluejays PC Services" means Bluejays PC Services
1.1.4 "IP address" stands for internet protocol address which is the numeric address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment operated by Bluejays PC Services in connection with the provision of
the Services;
1.1.7 "the Services" means web hosting, domain name registration, email and any other services or facilities provided
by Bluejays PC Services.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "virus" means a computer programme that copies itself or is copied to other storage media, including without
limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs,
and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to
the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses";
1.1.10 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at URL.
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include
all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended
to be part of or to affect the meaning or interpretation of this Agreement.
2 INTRODUCTION
2.1 The Customer wishes to provide Bluejays PC Services with data that will be hosted on Bluejays PC Services's servers
and made accessible via the Internet.
2.2 Bluejays PC Services provides web hosting services and has agreed to host the Customer's data upon the following
terms and conditions.
3 DUTIES
3.1 Bluejays PC Services shall provide to the Customer the Services specified in their order subject to the following
terms and conditions.
3.2 The Customer shall deliver to Bluejays PC Services the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or Bluejays PC Services ("the Customer Software), in a format specified by Bluejays PC Services.
4 CHARGES ,PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro) and
direct debits
4.2 Bluejays PC Services do not accept cheques, bank transfers, postal orders, cash or any other form of payment other
than those outlined in 4.1
4.3 The Charges are exclusive of VAT, which if payable shall be paid by the Customer.
4.4 Bluejays PC Services shall be entitled to charge interest in respect of late payment of any sum due under this
Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment
at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
4.5 Bluejays PC Services do not provide credit facilities.
4.6 From time to time Bluejays PC Services may make enquiries on the Customers company, proprietor or directors of the
Customers company with credit reference agencies. These agencies may record that a search has been made and share
this information with other businesses.
4.7 Bluejays PC Services provide "Money-Back Guarantees" on certain products. Should your product qualify for this
guarantee please raise a support ticket at URL within 30 days of placing your order for a full refund. This
guarantee excludes domain names which may not be cancelled once ordered. Customers are limited to using the
money-back guarantee once.
4.8 Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.
4.9 Should your chosen payment method fail Bluejays PC Services will attempt to settle your invoice using any other payment
facilities available on your account.
4.10 All services will renew until cancelled by the customer. Bluejays PC Services emails the customers primary email
address prior to renewal of services, it is the customers responsibility to cancel services prior to renewal as no
refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed
if they wish to cancel that service. The cancellation process must be fully completed by you before your account is
cancelled.
5 IP ADDRESSES
5.1 Bluejays PC Services shall maintain control and ownership of the IP address that is assigned to the Customer as
part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where Bluejays PC Services changes or removes any IP address it shall use its reasonable endeavours to avoid any
disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to Bluejays PC Services
("Bluejays PC Services's software") in order to use the Services, Bluejays PC Services grants to the Customer and
its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable,
non-exclusive licence to use Bluejays PC Services Software in object code form only, in accordance with the terms
of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right,
title, interest or intellectual property rights in Bluejays PC Services Software.
6.2 In relation to Bluejays PC Services's obligations under this Agreement in connection with the provision of the
Services, the Customer grants to Bluejays PC Services a royalty-free, world-wide, non-exclusive licence to use
the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations
and other material and related documentation featured, displayed or used in or in relation to the website
("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to Bluejays PC Services
any right, title, interest or intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense
Bluejays PC Services Software.
6.4 Bluejays PC Services may make such copies of the Customer Content as may be necessary to perform its obligations
under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement,
Bluejays PC Services shall destroy all such copies of the Content and other materials provided by the Customer as
and when requested by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 Bluejays PC Services shall use its reasonable endeavours to make the server and the Services available to the
Customer 100% of the time but because the Services are provided by means of computer and telecommunications
systems, Bluejays PC Services makes no warranties or representations that the Service will be uninterrupted or
error-free and Bluejays PC Services shall not, in any event, be liable for interruptions of Service or downtime
of the server.
7.2 Bluejays PC Services carries out data backups for use by Bluejays PC Services in the event of systems failure.
Bluejays PC Services do not provide data restoration facilities for individual customers. Even though every
effort is made to ensure data is backed up correctly Bluejays PC Services accepts no responsibility for data
loss or corruption.
8 ACCEPTABLE USE POLICY
8.1 The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish
or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
8.1.1 use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse
of the Services;
8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any
computer facilities;
8.1.3 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;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the Website;
8.1.6 make available or upload files to the website or to the Services that the Customer knows contain a virus, worm,
trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of Bluejays PC Services's network or the
Services which are identified as restricted or confidential. This includes leaving your home directory whilst
using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server processes.
8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt,
Bluejays PC Services is not obliged to monitor, and will have no liability for, the content of any
communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 Bluejays PC Services shall
be entitled to withdraw the Services and terminate the Customer's account without notice.
9 ALTERATIONS AND UPDATES
All alterations and updates to the website shall be made by the Customer using the online account management
facility, FTP access or SSH access where available. The Customer will be issued with a user name and password
in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of
this user name and password. If the Customer reasonably believes that this information has become known to any
unauthorised person, the Customer agrees to immediately inform Bluejays PC Services and the password will be
changed.
10 WARRANTIES
10.1 The Customer warrants and represents to Bluejays PC Services that Bluejays PC Services's use of the Content or
the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of
any third party and that the Customer has the authority to license the Content and the Customer Software to Bluejays
PC Services as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral
or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the
implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular
and without prejudice to that generality, Bluejays PC Services shall not be liable to the Customer as a result of
any viruses introduced or passed on to the Customer.
11 INDEMNITY
The Customer agrees to indemnify and hold Bluejays PC Services and its employees and agents harmless from and
against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or
actions brought against Bluejays PC Services arising out of any breach by the Customer of the terms of this
Agreement or other liabilities arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit Bluejays PC Services's liability for death or personal
injury resulting from Bluejays PC Services's negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of Bluejays PC Services to the Customer in respect of any claim whatsoever or breach of this
Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under
this Agreement in respect of which the breach has arisen.
12.3 In no event shall Bluejays PC Services be liable to the Customer for any loss of business, loss of opportunity or
loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where
such a loss was reasonably foreseeable or Bluejays PC Services had been made aware of the possibility of the
Customer incurring such a loss.
13 TERM AND TERMINATION
13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by
either party in writing of its intention to terminate the Agreement.
13.2 Bluejays PC Services shall have the right to terminate this Agreement with immediate effect by notice in writing
to the Customer if the Customer fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 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
13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances;
or
13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or
reconstruction), or a court of competent jurisdiction makes an order to that effect;
or
13.3.4 the other party ceases to carry on its business or substantially the whole of its business;
or
13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or
composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar
officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of
the parties arising in any way out of this Agreement as at the date of termination.
13.5 On termination all data held in the customers account will be deleted.
14 ASSIGNMENT
14.1 Bluejays PC Services may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Bluejays PC Services's
prior written consent.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure
results from events or circumstances outside its reasonable control, including but not limited to acts of God,
strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any
telecommunications carrier, operator or administration or other competent authority, the act or omission of any
Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of
equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying
the other party of the nature and extent of such events.
16 SEVERANCE
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of
competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue
in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision
eliminated.
17 NOTICES
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the
address of the other party as appearing in this Agreement or such other address as such party may from time to time
have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be
received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free
transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of
posting.
18 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any
previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without
notice.
19 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby
submit to the exclusive jurisdiction of the English courts.
20 DOMAIN NAME REGISTRATION
20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the
top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it
Bluejays PC Services will provide a full refund for that domain name.
20.2 Please return to the main terms and conditions area of this website to view terms and conditions for individual
domain name registrars.
21 SCRIPTING
Bluejays PC Services are not responsible for customer programming issues other than ensuring that programming
languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.
22 PRIVACY
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
23 DATA TRANSFER
23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your
account will be deactivated until you have upgraded to an account that has more data transfer included.
23.2 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.
24 SERVER USAGE
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on
other customers we will discuss with you alternative solutions for your hosting requirements.
25 AFFILIATE PROGRAMME
Commission earned via the affiliate programme will only be paid by using a valid direct debit/credit mandate on your
account. It is the customers responsibility to ensure they have this facility. In the event of the customer not
being able to obtain this facility then no commission will be paid.
26 EMAIL NEWSLETTER
Bluejays PC Services communicates with it's customers via email and as such you agree to receive by email our
regular newsletter which contains amongst other things changes to our terms and conditions, notification of major
outages, updates to our products & features and special offers.
27 WEBSPACE USAGE
Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are
prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping
when maintaining their account.
28 MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from the system.
Associated with Bluejays PC Services