Profesional Email Address

Telephone: 01851 830 702
Terms & Conditions

 

General Terms.

These terms and conditions together with the documents referred to within it shall form the agreement between Western Isles Web Services of 75 West End Balallan Isle Of Lewis and, the individual or company applying for the provision of services by Western Isles Web Services.

 

Western Isles Web Services reserves the right to change these terms and conditions at any time to comply with changes in regulatory requirements or by reason of changes in the terms of business or working practices of our suppliers or developments in technology upon giving the customer not less than fourteen days notice in advance by post, email and/or publishing the alterations on the Western Isles Web Services website at www.westernislesweb.com/Terms. Notice will be sent to the contact details held by Western Isles Web Services. Except where the changes to these conditions is as a result of legislative or regulatory requirements you may terminate the agreement without penalty by giving Western Isles Web Services written notice to reach Western Isles Web Services no later than seven days prior to the alteration date of the conditions .

 

If we do not receive such a notice from you prior to that date, and/or if you continue to use the service after sending us a notice, you will be deemed to have accepted the alteration. For all UK domain name registrations (co.uk, uk, org.uk, me.uk) you are entering into an agreement with Nominet UK, who administer the .uk namespace. Their terms and conditions can be found at http://www.nominet.org.uk/registrants/aboutdomainnames/legal/terms/.

 

For .EU domain name registrations you are entering into an agreement with EURid, who administer the .eu namespace. Their terms and conditions can be found at http://www.eurid.eu/files/trm_con_EN.pdf and http://www.eurid.eu/files/reg_pol_EN.pdf. For .UK.COM domain name registrations you are entering into an agreement with CentralNic. View their terms and conditions https://www.centralnic.com/support/terms/domains

 

Definitions In this Agreement

The below terms will be defined as follows:
AUP
means Acceptable Usage Policy.


Business Hours

means 09:00 - 17:30 GMT on each Working Day.


Commencement Date

means the date upon which Western Isles Web Services confirms acceptance of the Customer's offer to pay for the Service in accordance with this Agreement.


Contact Information

means the following details about an individual or organisation:

   Your name

   Postal address

   Telephone number(s)
   E-mail address

Confidential Information
information which is identified as confidential or proprietary by either party or the nature of which is clearly confidential or proprietary. Data Material Distinct pieces of machine readable information which can be in the form of images, text (on websites and e-mail), software, collection of software codes and scripts, and any other machine readable information used in connection with the Services by the Customer or as supplied by Western Isles Web Services.


Fees

the fees due for the provision of the Services as calculated in accordance with the Price List.

Inappropriate Material

material that under the laws of any jurisdiction where the material can be accessed is any of the following: - unlawful, threatening, abusive, harmful, malicious, obscene, pornographic, is deemed Unacceptable Adult Material, profane, libellous, defamatory, breaches the rights of any third party, constitutes or encourages a criminal offence or contains a virus, worm, trojan horse or other harmful code. Initial Term is the period stated in the first Order for the Service starting on the Commencement Date.

Order
means the Customers application for the Services through an Order Form or by adding items to their shopping basket and proceeding to the checkout phase. Completion by Customer indicates which Service it requires and its agreement to these terms and conditions governing such provision.

Order Confirmation

the Order confirmation notices submitted by Western Isles Web Services to the Customer by email or otherwise in writing for the provision of the Services, in response to the Customer's Order or request.

Party

Western Isles Web Services and/or the Customer.

Price List

the price for each Service as available on the Western Isles Web Services Website.

Renewal Term

successive terms after the Initial Term of the Service for the period stated in the subsequent Order for the Service starting from the end of the Initial Term.

Server

the computer server equipment operated by Western Isles Web Services in connection with the provision of the Services.

Services

the services identified in an Order to be provided by Western Isles Web Services to the Customer including without limitation Hosting Services, Servers, details of the requested Data Transfer, Hardware, Storage Space and Software pursuant to these terms and conditions and any others specified by Western Isles Web Services on such Order.

System

the collection of hardware and software configured together that are interacting or interdependent.

UDRP

means Uniform Domain-Name Dispute-Resolution Policy http://www.icann.org/en/udrp/udrp.htm

Unacceptable Adult Material

includes any nudity, erotic images, sexually oriented material, or sexual themes.

Website

website on the World Wide Web accessible over the HTTP protocol.

WHOIS

a publicly accessible database that store the registered assignees of domain names WHOIS Information Contact Information that is displayed in the publicly accessible WHOIS

Working Day

means a day other than a Saturday or Sunday on which the Clearing Banks in the United Kingdom are open to the public for the transaction of business.

 

Interpretation

The Agreement forms the entire understanding of the parties in respect of the matters dealt within it and supersedes all previous agreements, understandings and negotiations between the parties. The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. In this Agreement words denoting the singular include the plural and vice versa and words denoting any gender include all genders.

The words "include", "includes", "including" and "included" will be construed without limitation unless inconsistent with the context references in these conditions to clauses means clauses of these conditions. References in these conditions to the provisions of statutes or statutory instruments are deemed to include those provisions as amended or substituted.

 

Services, Domain Purchase and renewal charges.

 

Hosting:
£185.00 per year.

 

Domain Registration:
.co.uk £8.98, .org.uk (2 years)

.com, .net, .biz, .info £10.99 (1 year)

.eu.com, .uk.com, .uk.net £34.99

.org £11.98

 

Domain renewals are charges at the above prices

 

Email Hosting:
£11.50 per mail box

 

Spam Filtering:

£65.00 pre years

 

 


Provision of Services

1. The Services are described or referred to on the Order Confirmation. Western Isles Web Services agrees to supply Services to the Customer when the Customer places an Order for Services with Western Isles Web Services and makes payment for such Services on the Website.

2. Western Isles Web Services shall supply the Services to the Customer in accordance with this Agreement, as soon as it is reasonably practicable and with all reasonable endeavors to do so in a timely manner. Western Isles Web Services shall not be liable to the Customer should it fail to meet any time scale expectation of the Customer.

3. Western Isles Web Services shall inform the Customer of any delays to the Services as soon as it is reasonably practicable and shall provide the Customer with the possibility of a full refund of any Fees already paid by the Customer for Services rendered where it is unable to deliver the Services within thirty (30) days from the Commencement Date.

4. Western Isles Web Services reserves the right at any time and from time to time to amend, improve or correct the Services (or any part thereof) provided that such modification does not materially affect them. Western Isles Web Services shall endeavor to give the Customer reasonable notice of such modifications but this may not always be possible and Western Isles Web Services shall not be liable to the Customer or to any third party for any such modification or any failure to give such notice.

5. Western Isles Web Services may at its sole discretion suspend the provision of the whole or any part of the Services (temporarily or permanently) without notice or liability in order to repair, maintain or improve the Service or infrastructure, or in an emergency, or as the result legislative, regulatory or other changes. Western Isles Web Services shall endeavor to give the Customer reasonable notice of such alteration taking effect, but cannot always guarantee to do so.

Duration

1. The Initial Term and any subsequent Renewal Term of the Agreement shall begin on the date that Western Isles Web Services generates an Order Confirmation e-mail message to Customer announcing the activation or continuation of the Customer's Service and shall continue for the period stated in the Order.

2. At least sixty (60) days prior to the expiry of a Service, Western Isles Web Services will remind the Customer of the impending expiry by email to the then current address specified on the Customer default account. Western Isles Web Services will further remind the Customer at thirty (30) days, fourteen (14) days and seven (7) days of the impending Service expiry. The Service will lapse unless payment is received to extend the term of the Service. Western Isles Web Services will not be liable for non-renewal of the Service.

3. Upon expiration of the Initial Term, this Agreement shall automatically renew for successive terms of the same length as the Initial Term unless Western Isles Web Services or Customer provides the other with written notice of non-renewal at least fourteen (14) days prior to the expiration of the Initial Term

5. The customer acknowledges and agrees that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be made available for registration by a third party.

6.Payment
 

a) The Customer agrees to make payment for the Services by debit or credit card payment at the time of making the order or renewal.  

 

b) Fees are payable as specified in the specific Conditions relating to the Service in question and are due on an ongoing basis until this Agreement is terminated.

 

c) The annual Fees payable to Western Isles Web Services will be paid in advance and will not be refundable in whole or part if the Agreement or relevant part is terminated during the period to which the payment relates.

 

d) Additional Fees will become payable to Western Isles Web Services if the Customer exceeds agreed or stipulated bandwidth use levels as specified in the specific Conditions relating to the Service in question.

 

The Customer acknowledges that the provision of the Services is conditional on Western Isles Web Services receiving payment of the Fees in full. In the event of non payment of Fees or suspected fraudulent activity in relation to payment of Fees by the Customer, Western Isles Web Services will suspend the Service until payment is made in full.
   
Non-delivery or non-performance of services by any third party other than Western Isles Web Services's sub-contractors shall not give Customer any right to delay any payment to Western Isles Web Services or to make any claim whatsoever against Western Isles Web Services.

All prices may be increased. Customers will be given thirty (30) days notice by post, email and/or publishing the alterations on the Western Isles Web Services website at www.westernislesweb.com/terms.

 

Renewals
Western Isles Web Services will issue a renewal invoice 60 days prior to the service expiring. Further reminders will be sent at 30 days, 14 days, 7 days and finally 1 day prior to the service expiring.

The Customer agrees that they are solely responsible for ensuring that their Services are renewed and that Western Isles Web Services shall have no liability to the Customer or any Third Party in connection with the renewal, including, but not limited to, any failure in the renewal process.

 

Termination and Suspension

1.This Agreement can be terminated by Western Isles Web Services upon notice in writing to Customer having immediate effect if:


a) Customer is in breach of any of its obligations under this Agreement, including the AUP.

b) if the Customer fails to pay to Western Isles Web Services any sum due under the Agreement on the due date for payment.

c) the supply of the service and/or additional services to the Customer may (in Western Isles Web Services's reasonable opinion) expose us to the risk of litigation or other civil or criminal proceedings.

  
2. The Agreement can be terminated by the Customer at the renewal date by not renewing the Service or with immediate effect on giving us written notice of termination
   
3. The Customer acknowledges that, termination of the Agreement for any reason will result in Western Isles Web Services ceasing to provide the applicable Services, with all the consequences that flow from such cessation, including (but not limited to), deletion of data e.g. hosting account(s) and mailboxes.
 
4. In the event of termination of the Agreement by the Customer part way through the Initial Period, the Customer remains obliged to pay for Services for the remainder of that period.  

5. Western Isles Web Services may at its sole discretion suspend the provision of the whole or any part of the Services (temporarily or permanently) without notice or liability if:

 

a) the Customer fails to pay any Fees or any other sums owing to Western Isles Web Services by the Customer when they fall due.


b) if an event occurs and Western Isles Web Services determines in its sole discretion that suspension is necessary to protect all and any internet solutions provided by Western Isles Web Services from time to time.

c) failure or deficiencies in the Customer System referring but not limited to hardware, server corruption and security breaches.

d) failure by the Customer to adhere to any of the provisions outlined in the AUP.

6. Where Western Isles Web Services suspends provision of the Services it will only be obliged to reactivate the Service during Business Hours and once the Customer has paid all relevant outstanding Fees

 

Customer Authorisation and Obligations
1. The Customer agrees that it will:

a) ensure that all its communication details which are provided to Western Isles Web Services are at all times true, current, accurate and complete and the Customer shall promptly notify Western Isles Web Services of any such alterations thereto from time to time and the Customer acknowledges that Western Isles Web Services shall not be liable for any costs, damages or loss which the Customer may suffer or incur as a result of failure to notify such changes to Western Isles Web Services.

b) obtain the consent of individuals whose personal data are to be held on a domain name register or are otherwise provided to Western Isles Web Services.

c) ensure that it has all necessary consents, permissions and licences to make use of the Services including without limit registration under the Data Protection Act 1998 and any applicable licence requirements under the Communications Act 2003.

d) immediately notify Western Isles Web Services if it becomes aware of any unauthorised use of all or any of the Services.

e) not use the Services or allow them to be used for any unlawful purpose or for the publication, linking to, issue or display of any Inappropriate Material whether under English law or regulation, the laws or regulations of the Customer country or any other place where the results of such purpose or such material can be accessed.

 

f) not use the Services or allow them to be used for the publication, linking to, issue or display of any material which in the absolute discretion of Western Isles Web Services may harm Western Isles Web Services or any of its Customers or bring Western Isles Web Services into disrepute or may call into question any action taken by Western Isles Web Services on the Customer's behalf.

g) not use the Services or allow them to be used in breach of good Netiquette practices or use any service provided by any third party (including without limit an Internet web site and/or Email) for the publication, linking to, issue or display of any material which refers to an Internet web site hosted by Western Isles Web Services or any other services offered by Western Isles Web Services from time to time.

h) ensure that all material on any web site operated by the Customer from time to time or communicated through such site is checked for viruses and other harmful code.

I) ensure that all passwords are at all times kept confidential, used properly and not disclosed to unauthorised people and if the Customer has any reason to believe that any password has become known to someone not authorised to use it or if any password is being or is likely to be used in an unauthorised way or of any other breach of security then the Customer shall inform Western Isles Web Services immediately.

j) be entirely liable for all activities conducted and charges incurred under its passwords whether authorised by it or not and the Customer acknowledges that Western Isles Web Services shall not be liable for any loss of confidentiality or for any damages arising from the Customer to comply with these Conditions.

k) not use the Services in a manner which infringes a third party's copyright or other intellectual property rights of whatsoever nature.

l) not use the Services in any way that leads to a risk of or causes an excessive load on the server/network provided by Western Isles Web Services in connection with the Services.

m) comply fully with Western Isles Web Services's AUP.

n) be responsible for keeping a frequent and secure offsite back-up copy of all Customer Data Material used with all Services, in addition to any back-up services provided by Western Isles Web Services.

o) allow Western Isles Web Services access to the Customer's Data Material to check for any infringements of the Customer's obligations under this Agreement, and, when the situation necessitates, to remove or disable any such infringements from time to time.

2. The Customer acknowledges and accepts that to enable Western Isles Web Services to properly provide the Services it must co-operate with Western Isles Web Services as required by Western Isles Web Services.

3. The Customer acknowledges that in order to make proper use of the Services it should have a basic knowledge of how the Internet functions and what types of use are and are not acceptable. The Customer acknowledges that Western Isles Web Services shall have no obligation to:

 

a) manipulate any material which the Customer wishes to and/or does post on any web site it operates or any communication which it issues or sends in connection with any of the Services.


b) validate or vet such material for usability, legality, content or correctness.


4. The rights and obligations of Customer under this Agreement are personal to Customer and Customer undertakes that it shall not, without the prior written consent of Western Isles Web Services, assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.

 

5. If in Western Isles Web Services's opinion, the Customer is in breach of the provisions provided in this Clause, then Western Isles Web Services may by written notice suspend provision of the Service and/or terminate the Agreement.

Western Isles Web Services Warranties and Liability

1. Western Isles Web Services makes no warranties or representations that any Service will be uninterrupted or error-free. Customer accepts all Services provided hereunder "as is" and “as available” without warranty of any kind.

2. All implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) - excluding 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.

3. Western Isles Web Services warrants that it will provide the Services with reasonable care and skill. Western Isles Web Services will not be liable for a breach of such warranty unless the Customer notifies Western Isles Web Services in writing of such failure within (14) days of the Customer becoming aware of the failure.

4. Western Isles Web Services shall not be liable for any services or products to be supplied by any third party.

5. Western Isles Web Services shall not be liable for any loss or damage of whatsoever nature suffered by Customer arising out of or in connection with any breach of this Agreement by Customer or any act, misrepresentation, error or omission made by or on behalf of Customer.

6. Western Isles Web Services disclaims all liabilities in connection with the following:

 

a) loss of material uploaded.

b) incompatibility of the site with any of the Customer's equipment, software or telecommunications links.


c) technical problems including errors or interruptions of the site.


d) unsuitability, unreliability or inaccuracy of the site.

e) loss of any emails sent to mailboxes of any configuration or sent from email accounts related to Services provided by Western Isles Web Services.

f) Western Isles Web Services is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Customer whether or not beyond those already supplied.

g) Subject to Clauses 14.9 and 14.10 below, no matter how many claims are made and whatever the basis of such claims, Western Isles Web Services's maximum aggregate liability to Customer 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 Clauses 14.1 - 14.7 above, or otherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to twice the Fees paid by Customer pursuant hereto.


h)None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Western Isles Web Services, its employees or its sub-contractors.

 

10. Your statutory rights relating to the use of reasonable care and skill in the provision of the service are not affected by the terms and conditions of the Agreement.

 


PRIVACY POLICY
we do not store credit card details nor do we share customer details with any 3rd parties


Refund /Cancellation Policy

Payment in full is expected when purchasing services from Western Isle Web Services. No Refund will be given should the service be terminated early by the customer. 


Western Isles Web Services will not refund to the Customer the cost of registering or renewing a domain name after the Customer has consented to Western Isles Web Services commencing the Service and the domain name has already been registered or renewed with the appropriate registrar.

 

Delivery

All Services are supplied Electronically as soon as payment is received. Access details to web hosting space and email setup will be sent to the email address supplied with the order.

Indemnity

1. Customer hereby agrees fully to indemnify, keep indemnified and hold harmless Western Isles Web Services, its officers, employees, agents, sub-contractors and affiliated companies from and against any and all costs, claims, losses, damages and expenses (including, but not limited to, legal fees) sustained or incurred by Western Isles Web Services or its any of its officers, employees, agents, sub-contractors or affiliated companies directly or indirectly and in any jurisdiction as a result of:

a) any breach of any of the warranties given by Customer in this Agreement.

b) otherwise howsoever arising out of the provision by Western Isles Web Services of any Service hereunder unless on account of breach of contract or negligence by Western Isles Web Services. and/or

c) any breach by Customer of any of its obligations in this Agreement.

Intellectual Property Rights

1. The Customer acknowledges and agrees that it will not own or acquire ownership of any Intellectual Property Rights in or relating to the Services or created in performing the Services and that it will have no rights in or to the Services other than the rights expressly granted by the Agreement.

2. No Intellectual Property Rights created or acquired by Western Isles Web Services will transfer or be assigned to the Customer unless Western Isles Web Services and the Client have signed a written assignment document to that effect.

Complaints
1. The Customer shall address any complaints concerning the provision of the Services to Western Isles Web Services in writing, by post or email to the following Address:

 

Western Isles Web Services

75 West End

Balallan

Isle of Lewis

HS2 9PX

 

or email to info@westernislesweb.com
complaints may also be made by telephone on 01851 830 702

All complaints will be responded to within 24 hours of receipt.

 

Notices

1. Any notice to be given or made by either Party under or in connection with this Agreement must be in writing and given or made to the Customer at its address stated on the Customer Order and/or the address specified on the Customer default account, and to Western Isles Web Services at its Correspondence Address or to such other address as either Party may from time to time notify to each other.

2. Every notice, if so addressed as indicated in Clause 19.1 above, is deemed to have been duly given or made, if delivered by hand, upon delivery at the address of the relevant Party, if sent by pre-paid first-class post, (2) calendar days after the date of posting and if transmitted by facsimile, at the time of transmission (provided a confirmatory letter is sent by pre-paid first-class post) provided that, where, in accordance with the above provisions, any notice would otherwise be deemed to be given or made on a day which is not a Business Day or after 4.00 p.m. on a Business Day, such notice shall be deemed to be given or made at 9.00 a.m. on the next Business Day. 3. The Parties may additionally serve notice on each other by email to:

a) the Customer's email address as defined on the Customer's default contact details. or 2. in the case of Western Isles Web Services, to the Correspondence Address.

 

In the event of notice by email transmission, emails shall be deemed sent once transmitted from the relevant email server.

Force Majeure
If Western Isles Web Services is prevented or delayed in or from performing any of its obligations under these Conditions or the Agreement due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency Western Isles Web Services shall not be liable for this.