In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting Yellow Tie terms and conditions. “Ourselves”, “Our”, “We” and “Us”, refers to Yellow Tie. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the our stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Yellow Tie provides website design/installation plus web hosting. We reserves the right to suspend or cancel a customer’s access to any or all services provided by us when we decide that the account has been inappropriately used or otherwise. We reserve the right at any time to access, amend, remove or delete any or all data stored on our servers without your prior consent. When your account is closed, all files (including web pages, etc.) will be deleted. We reserve the right to cancel your account at any time without notice. To protect your privacy we never distribute your name or e-mail address to any third parties, unless instructed to do so by order of a Court. We reserve the right to show any site that we have created in order to advertise our services/products
Personal accounts are to be used by the primary owner only. Personal account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner’s web site. Exceptions to this include ad banners, classified ads, and personal ads. You must not divulge your username or password to any other person, and you should take reasonable precautions to ensure that other people do not discover it. We reserves the right to refuse service and/or access to its servers to anyone.
You are responsible for keeping your own back ups of your website files and/or database. We back-up your website data on a regular basis; however, this is part of server back ups rather than individual accounts. It is there highly recommended that you make and keep an independent and regular backup of all data stored on your virtual server. Restoration/Retrieval of individual files can be made but involves a lot of staff time, so requests for restoration of individual files/database due to non or incomplete back ups by client, can be made but will incur a fee of £149.
We do not allow any of the following content to be stored on its servers: Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Local, UK, European, or Worldwide regulation. Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of us. 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. Gaming websites – Includes pirated software, software downloads etc., and encrypting of any of the above.
UNLIMITED USE POLICY:
High bandwidth usage: We offer an unlimited use policy on some of its web hosting packages by maintaining very large ratios of bandwidth per customer. In rare cases, we may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, we reserve the right to impose the High Resource User Policy for the consideration of all customers.
HIGH RESOURCE USER POLICY:
Resources are defined as bandwidth and/or processor utilization. We may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available we reserve the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
All accounts and services are set up on a prepay basis. Although we reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year, half year or month following the date the account was established. Where customers have automated subscription in place, they will be automatically charged the renewal amount on the due date (be this monthly, half yearly or annually, as per initial set up) unless closure notification has already been given. In situations where the subscription payment on file is declined we will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, greenmeanie reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request to our registered office. All payments are in UK sterling.
In order to streamline our accounting procedures and keep costs down we run a number of payment options. Credit/Debit Cards: MasterCard, Visa, Switch and Solo via the secure payment processors Paypal. Cash: Cash is perfectly acceptable, but is sent entirely at the customer’s risk. Proof of posting is NOT proof of receipt. We will not be held liable for any cash payments lost/missing in transit. Bank Transfer: This option is available upon request. Bank Standing Order: This option is available upon request.
RENEWAL OF SERVICES:
Certain services provided by us, such as domain names and web hosting require renewal by customers. As a rule, subscription payments for such services are set up. Where such subscription services are in place, automatic renewal will take place unless written cancellation received. Where a customer has chosen not to use automatic renewal, reminders will be sent to customers at least 14 days prior to expiration of service. In order to keep costs down, which in turn allows us to keep renewal costs down, no reminders are issued where subscriptions are set up (all due dates are readily available within the customers own Paypal account). Where renewal payments are received on time, customers will experience no interruption to their service. Where renewal payment fails or is not made by customer by expiry date, then we reserve the right to suspend service with immediate effect, as per section ‘Suspension of Service’
SUSPENSION OF SERVICES:
We reserves the right to suspend any service where subscription or renewal payment for service is not made. Suspensions will take effect immediately upon failure of payment. Services that have been suspended can be reactivated for customers upon request. Where a domain name registration is suspended, a £20 admin fee (in addition to renewal payment) is payable for the domain to be reactivated. Where a hosting account reactivation is requested within 14 days of suspension, a £50 reactivation fee (in addition to renewal payment) is payable. Where reactivation is requested between 14 and 28 days of suspension, a £150 reactivation fee (in addition to renewal payment) is payable. After 50 days, files may be deleted from our servers. Once deleted, reactivation may no longer be possible.
CANCELLATION & REFUNDS:
We reserve the right to cancel the service at any time. If a customer contravenes our terms of service, a refund will not be issued in the event of a cancellation. In the highly unlikely event that cancellation is as a result of us being unable to provide the service, customers will be entitled to a pro rata refund based upon the remaining period of service. Refunds: As all services provided by us are non-tangible, then all fees charged are non-refundable.
The customer agrees that it shall defend, indemnify, save and hold Yellow Tie harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Yellow Tie against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from our server.
We cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. While we own and operate our own enterprise-grade equipment, certain services and software provided by us are resold. Thus, certain equipment, routing, software and programming used by us are not directly owned or written by Yellow Tie (examples include cPanel management and WHMCS billing software). Moreover, we hold no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, at our discretion.
We reserve the right to revise its policies at any time.