Standard Terms and Conditions
 
 

By placing an order with The Living Net®, clients agree in full to the following terms and conditions.

Ordering
All periodically renewable services, including web hosting, ssl certificates, domains and e-mail, also known as accounts, are ordered via the web site operated by The Living Net®, and run until cancelled by the client in accordance with the terms herein or by The Living Net®. All accounts require payment in advance in one non pro rata payment or where available, at regular recurrent, non pro rata, automatic credit or debit card payments. The Living Net® may change or refuse an advertised payment method for any reason.

There is no charge for domain name transfer away or to The Living Net®. Domain name registration including 1, 2, 5 or 10 years' naming authority fees is payable at the time of ordering and cannot be cancelled once implemented by the respective naming authority. It is therefore the client's responsibility to check that details are correct before submitting a name, as misspellings cannot be corrected later. On ordering a domain name, client agrees also to the standard Uniform Domain Name Dispute Resolution Policy as well as the the standard registrant agreements laid down by the particular Naming Registry:

Uniform Domain Name Dispute Resolution Policy
Registrant Agreements: .Biz .Info .Com .Net .Org .Us .Co.Uk .Org.Uk .De .Fr .It

The registration of domain names is subject to variables that are not under the control of a registration service provider, including but not limited to, other registration providers' effecting of registrations. For this reason, no domain name ordered or reserved can be guaranteed as registered, until the registry accepts and implements the registration. In the unlikely event that a registration is listed as available, is immediately ordered, but cannot be registered a refund will be due to the client, unless the client has effected the registration by other means, or has otherwise interfered with the process or if the name was in fact registered at the time the order was placed.

The Living Net® provides a professional level Internet service and Domain Names are expected to be used as intended, in conjunction with web space correctly equipped with a domain name server such as that supplied by The Living Net®. The Living Net® equally does not provide any services designed to encourage domain name speculation, or that are not associated with professional use, including so-called cloaking or other forms of redirection.

Digital security certificate clients agree to be bound by the appropriate Subscriber Agreement. As a certification service provider, The Living Net® will enable the client to submit their data to the signing authority (GeoTrust Inc.), and, in the case of a The Living Net® SSL-enabled hosting client wishing to implement the certificate on that account, will undertake the CSR generation required to submit the application, and will install the certificate. Some of these steps will require cooperation and the exercise of care by the client and a working knowledge of e-mail, as well as access to the appropriate addresses required to approve the application and to forward the certificate for installation. On no account can The Living Net® be held responsible for the client's failure to adequately fulfil these requirements. Where a certificate is being set up at the same time as a hosting account, also supplied by The Living Net®, for the sake of speedy implementation, the client grants The Living Net® the right to receive and respond to the approver e-mail and any basic administrative interaction with the signing authority through the domain, as necessary for the technical implementation of the certificate. Similarly, where no Fully Qualified Domain Name has been expressly specified for a certificate ordered at the same time as a hosting package, the certificate issued shall be for the customer's account domain preceded by "www." Clients wishing to install certificates on their own server or another ISP's configuration are expected to have or obtain the necessary expertise to do so, and, due to the wide variety of possible platforms and the lack of control over the client's systems, support is entirely at the discretion of The Living Net®. Normally these installations can be achieved with minimal expertise, easily, or with some self-reliance and perseverance, by following the installation instructions supplied, however, the wide variety of available platforms, configurations and client's technical abilities, means that neither the successful generation of the CSR, nor the successful installation can be guaranteed. Special offer certificate purchases do not normally include installation support. For all clients, transfer of your working certificate is not supported, and may involve purchase of a new certificate for your new server. Due to the complex number of variables involved, under no circumstances can The Living Net® be held responsible for the client's incorrect submission of information or any delay, or technical failure on the part of the signing authority or other supplier, that influences the validity of the certificate or renders it invalid, or for any associated loss or damage. As per the indemnification clause of these Terms, the client indemnifies and holds harmless The Living Net® against any kind of loss or damage arising from the use or installation of security certificates.

Pricing
All pricing is guaranteed for the term of the payment.

All pricing is in UK Sterling except where other currencies are expressly specified.

The Living Net® reserve the right to change prices at any time. The current prices shall be published at all times at the web site: http://www.theliving.net.

Discount offers related to a particular payment card, can only be applied if the subsequent purchase is concluded with the card on which the offer is based. Please take care when using payment facilities, incorrectly submitted or concluded orders, may be subject to a re-processing and administration charge.

VAT
Value added tax (VAT) must be charged on all EU orders. EU economic operators, from outside of the United Kingdom may supply correct and valid tax details prior to the purchase and VAT will not be charged as per current EU-wide VAT dispositions. In other cases, the correct purchase total is calculated automatically at the time of the order, based on the contact information supplied by the client which must also match the client's credit card information. The client agrees that in the event of any incorrect omission of VAT from an invoice, the client will inform The Living Net® immediately. Please take care when using payment facilities, incorrectly submitted orders, may be subject to a 15% (min.£12) re-processing charge. Any attempt to fraudulently circumvent the systems will result in immediate suspension of the account or service, in which case a refund is only at the sole discretion of The Living Net® and the relevant taxation authorities will be informed. The client agrees to accept liability for any losses incurred by The Living Net® resulting from the client's failure to inform The Living Net® of a taxation anomaly or the client's inadvertent or deliberate failure to correctly pay the correct taxes.

Communications
All bills and invoices are available only in electronic form, via the Internet. For other issues or matters the company's full legal address: The Living Net®, Blenheim House, Orchard Lane, Oxford OX1 5JH (visits by permission) - Email: support@service.theliving.net - Tel. (+44) 08442022470 - VAT No. 799920261

Renewal
To renew an account, payment must be made before the term paid-for expires.

It is the client's responsibility to ensure that The Living Net® holds the client's current contact information which should be an e-mail address to which The Living Net® may send all communications and notices, and a phone number. On a limited basis, the occasional service message, or news update, including product information, may be sent to the client, however The Living Net® will keep the client's e-mail address confidential and will not share any details with any other organisation.

If the renewal for a hosting account is not paid when it becomes due, on or before the last day of the client's account term, then the account may be closed and the site will be deleted from the server.

Hosting, domain registration, security certificate subscription and e-mail account renewals are effected by following the instructions in the reminder messages that are normally sent to the client's appropriate e-mail address, which must be maintained up to date. It is the client's responsibility to keep track of account expiration and to enquire if necessary, as the renewal reminder messages are purely a courtesy service and may or may not be sent or received. The Living Net® shall not be liable for any lack of renewal or resulting interruption of service.

Cancellation
Once registered, domain names and security certificates cannot be cancelled. All web hosting cancellation requests must come from the account holder who shall provide sufficient customer identification information by fax or post to The Living Net®; the cancellation request date shall be the fax datestamp or the postmark.

The Living Net® reserve the right to suspend or cancel a client's access to any or all services at any time without notice. If The Living Net® cancel an account due to, in their opinion or that of other resource providers, the account being inappropriately used, then a refund of monies will be at the sole discretion of The Living Net®.
Any service may also be suspended or cancelled prior to the purchased term, if monies are owed for any other service or services provided by The Living Net®, and settlement has not been made within fourteen days of notification by e-mail. It is the clients express responsibility to ensure payment for services rendered whether or not in receipt of communications in this regard.

Refunds
Customised services cannot normally be refunded (domain registrations, security certficates and any other service irrevocably implemented with specific customer details) except at the discretion of the The Living Net®.

The 30-day money back guarantee applies to all Business Server hosting plans, unless they have been set-up or used in conjunction with other services such as SSL certificates or unless suspended for breach of these terms. Refunds under this scheme do not include payment card processing fees, The thirty day period, within which a valid cancellation will result in the payment card being refunded the moneys paid (less the aforementioned processing costs), runs from the date of the order being placed to midnight of the thirtieth day thereafter.

To cancel a service and request a refund simply send an email: to support@service.theliving.net stating the details (order number, date, name of the service) for the service purchased and your desire to cancel. All data pertaining to the service may be deleted from this moment so make sure that you have back-ups of any critical data.

Server Use
All sites may be used for personal and commercial purposes but the client is responsible for the content of their pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate any laws.

The Living Net® do not put adverts on client's web sites.

Web server space is intended for efficiently serving of web pages to web users and not for storage of files that can be kept elsewhere (including archived logs), nor for distribution of resource-intensive files. E-mail accounts need to be regularly cleared of unnecessary files (including emptying of trash) and should be maintained under 10 Megabytes, unless specifically required.

Account holders are not permitted to resell or give away any of their web space or any service provided by The Living Net® unless explicit consent has been given, or permit anyone to use their account in any way that may be in breach of these terms and conditions.

Clients accept that server downtime, whether for system upgrades or any other reason, may occur and there will be no compensation paid for any period of downtime in any event.

The Living Net® do not allow adult material, foul or abusive language, Warez, illegal MP3 sites, slander / libel, impersonations, promotion of violence or terrorism, racial / sexual / political discrimination or services deemed inappropriate.
The designation of "adult material" is left entirely to the discretion of The Living Net® and includes pornography and escort agencies.
Warez, includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide links to or how to information about such material.

The Living Net® do not allow clients to install their own chat room programs, these tend to be a large drain on system resources.

Sites with archives of image files or other files for download that may put a serious drain on server resources are also not permitted.

Accounts that use excessive amounts of system resources that result in degradation of server performance will be subject to suspension or deletion at the sole discretion of The Living Net®.

Sites are checked regularly and any site in breach of these terms and conditions will be removed from the servers.

Bandwidth - If client's traffic exceeds that allowed then a charge may be levied, until your bandwidth usage is reduced. If an excessive bandwidth levy is not paid within 2 weeks of the invoice being sent then the account will be cancelled. The current excess bandwidth charge is £5.00 per Gigabyte or part thereof per month.

It is the client's responsibility to ensure that password(s) and username are kept safe. Client's must not divulge the password(s) to any other person except their web designer or web consultant, and should take reasonable precautions to ensure that they are not discovered by anyone other. Where any third party carries out work on behalf of the client, with or without access to the client's account login details, the client shall nevertheless bear all responsibilities as outlined in this contract, especially but not only, as relating to server use, indemnification and liability, as though any work were carried out by the client themselves. Similarly, any future unauthorised access or damage resulting from divulging account login details is solely the responsibility of the client; it is a specific requirement that clients login and change the access password(s) after a relationship ends with any such third party. Client's are liable financially for any damages incurred and any extra work necessary to restore correct operation, that arise in connection with their account, including but not limited to the failure to properly protect their login details from unauthorised use or the installation of a custom program or script with security holes (or other effects that cause damage or require special intervention to correct), or the failure to adequately maintain and update an installed program or script.

Clients must not participate in any form of unsolicited bulk e-mailing or spam.

Data integrity of any data stored on any servers cannot be guaranteed. The client must keep backups of all data stored on their server.

Support is by e-mail. Support requests will be dealt with as soon as possible with priority allocated according to the seriousness and the degree to which a request relates to the actual site/server/domain name performance. Valid Support requests relate to the correct functioning of services rendered, all other types of requests, such as those related to user know-how, are answered as and if time allows. Queries more appropriate to the services of a web consultancy, such as, but not limited to, the client's web space development, installation of custom cgi scripts or third party software are not normally answered, and if at all, on a purely discretionary basis. Response times may vary do to the unpredictability of volumes, but we endeavour to respond to valid support requests by the following business (Mon-Fri) day and sooner, for urgent matters. Support for digital certificate subscribers installing certificates on their own or other provider's equipment is necessarily entirely at the sole discretion of The Living Net®.

Indemnification and Liability
The client agrees that it shall defend, indemnify, save and hold The Living Net® harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against The Living Net®, its agents, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by agents, employees or assigns.

Client agrees to defend, indemnify and hold harmless The Living Net® against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with services provided by The Living Net®; (2) any material supplied by the client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to client from web space provided by The Living Net®.

The Living Net® may assign, sub-contract or otherwise deal with rights or obligations under this Agreement without giving prior notice. Clients may not assign, sub-contract, sell or transfer any of their rights or obligations under this Agreement, unless expressly authorised. Any unused services or portions of services purchased may be reallocated to other uses as deemed fit, including, but not limited to IP addresses, web space or bandwidth. In the case of services designed to guarantee a high reserve capacity, such as managed dedicated servers, resource reassignment is limited to the server administrative account and name server which may be used as necessary for the purposes or requirements of The Living Net®.

The Living Net® is a responsible operator in the context of telecommunications and the Internet. In common with similar providers The Living Net® relies on a number of trusted resource suppliers and partners, including some of the most trusted amd respected names, such as Tucows Inc. and GeoTrust®, especially chosen for their equal commitment, trustworthiness, and proven reliability. Should any core resource providers fail, temporarily or permanently in their provision of services, The Living Net® will attempt to meet the needs of clients, if necessary, by seeking alternative provision. However in such circumstances, The Living Net® can in no way be held responsible or financially liable for resulting interruptions of service or the unavoidable failure to carry a service through to term.

Jurisdiction
England and English law shall be the applicable legal jurisdiction with regard to all matters relating to The Living Net® and clients bound by these terms and conditions.

Languages
These terms and conditions, the purchasing interface, and all product information are currently available in English.

Personal Data
Customers' personal data is used solely for the purpose of accounts and marketing pertaining to The Living Net® and no other business entity or natural person. All personal data is handled in compliance with the UK Data Protection Act

Disclaimer
The Living Net® makes no warranties of any kind, expressed or implied for services or information provided and will not be held responsible for any damages or losses resulting from services or information provided.

The Living Net® disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by The Living Net® and its employees.

These Terms and Conditions do not affect your statutory rights. Should any clause or clauses in this agreement prove contrary or incompatible with local or national laws or directives, all remaining parts of that clause or clauses and all remaining clauses in the document, remain entirely valid and binding.

Any account in breach of these Terms and Conditions, determined solely at the discretion of The Living Net®, shall be removed from the servers.

The Living Net® reserves the right to revise its policies, prices and terms and conditions at any time as necessary. Subsequent modifications of this agreement are deemed as accepted by the client, 30 days after publication online, or, if sooner, at the renewal or new order for any service. The agreement is locatable via the appropriate links at: http://www.theliving.net.