Terms & Conditions
Definitions & Application
‘FRANKMAN DESIGN Ltd’ means those persons carrying on business under the name of Frankman Design Ltd Frankman Design Ltd, referred to from this point as Frankman Design. Frankman Design Ltd, 151 Babbacombe Road, Torquay, Devon, TQ1 3SU (or other offices appearing on FRANKMAN DESIGN’s letterheads from time to time);
‘Customer’ means the person, firm, company or organisation to whom any quotation or correspondence is addressed, or with whom any contract is made; ‘Goods’ and/or ‘Services’ means the goods and/or services as described in any quotation, correspondence or contract. These include (but are not limited to) any artwork, designs, illustrations, models, layouts or other representations of any item. These do not include copyright, design rights and other intellectual property rights as referred to in Condition 4(b).
All quotations given, or estimates or proposals and/or contracts made by or with FRANKMAN DESIGN are subject to these Terms and Conditions, to the exclusion of all other terms and conditions, whether or not the same are endorsed upon or referred to in any purchase order, or other document delivered by the Customer to FRANKMAN DESIGN.
Any references on quotations or correspondence to any Customer order, specification or similar document shall not be deemed to imply that any terms or conditions endorsed upon or referred to in any such order, specification or similar document shall have effect in addition to or to the exclusion or amendment of these Terms and Conditions.
1 Price Variation
All estimates and quotations are based on current costs and, unless otherwise agreed, are subject to amendment to meet any rise or fall in such costs.
Estimates and quotations shall be subject to alteration without prior notice to the Customer before FRANKMAN DESIGN receives notification of acceptance. Following
FRANKMAN DESIGN’s receipt of the Customer’s acceptance, FRANKMAN DESIGN may notify the Customer of price increases, provided that if the Customer shall be notified of any increase in price of more than 10% on any item, the Customer shall be entitled (within 7 days of receiving such notification) to cancel the contract in relation to such items, by notice given to FRANKMAN DESIGN in writing. If the Customer cancels the contract, payment for all Goods and Services undertaken by FRANKMAN DESIGN prior to the date of cancellation shall become due for immediate payment by the Customer. If no such notification of cancellation is received within the said period of 7 days, such increases will be deemed to have been accepted by the Customer and (subject thereto) the contract shall remain in full force and effect.
2 Preliminary Work
All work carried out (whether experimental or otherwise) at the Customer’s request or with the Customer’s consent shall be charged at FRANKMAN DESIGN’s prevailing rates. All materials supplied by FRANKMAN DESIGN (and whether in the form of visuals, graphics, copy, text, discs or otherwise), shall remain the property of FRANKMAN DESIGN and, unless otherwise agreed, must be returned to FRANKMAN DESIGN on demand.
A charge will be made to cover additional work involved where materials or information supplied are not clear and legible, or where the Customer modifies or varies its requirements in any way.
It is the responsibility of the Customer to ensure that the Customer legally owns all material/s (for example, but not limited to, designs, images, photographs, written text) supplied to FRANKMAN DESIGN, FRANKMAN DESIGN accepts no liability or legal action for the use of any material/s supplied by or on behalf of the Customer.
All copyright, design rights and other intellectual property rights in any text, visuals, graphics, drawings, designs and other documents or materials produced by or to the order of FRANKMAN DESIGN shall vest in and belong to FRANKMAN DESIGN. The only right conferred on Clients shall be the right to use, reproduce or resell the Products or Services supplied by FRANKMAN DESIGN to the extent necessary to fulfill the Project in respect of which such Goods and/or Services are supplied. If in connection with any proposal, estimate or quotation FRANKMAN DESIGN develops, designs and/or communicates any concept, wording, layout, design or other original idea to the Customer, the Customer shall not disclose, make use of or develop that concept, wording, layout, design or idea itself or with any third party, except by accepting and acting upon FRANKMAN DESIGN’s proposal, estimate or quotation or otherwise with FRANKMAN DESIGN’s prior written consent.
4 Proofs and Production Schedules
The Customer acknowledges and accepts that it is the duty and responsibility of the Customer to check and correct each proof delivered by FRANKMAN DESIGN for any errors, omissions or inaccuracies. On each occasion on which proofs of work are submitted for the Customer’s approval, FRANKMAN DESIGN shall incur NO LIABILITY WHATSOEVER for any errors, omissions or inaccuracies not corrected by the Customer in proofs so submitted and the Customer shall pay for any Goods produced conforming to those proofs notwithstanding any such error, omission or inaccuracy. Customer alterations and additional proofs necessitated thereby shall be charged extra. When style, type or other design decisions are left to FRANKMAN DESIGN’s judgement, changes made by the Customer shall be charged extra.
If FRANKMAN DESIGN and the Customer have agreed or specified a production schedule, the Customer must notify FRANKMAN DESIGN, in writing, of any and all errors, omissions or inaccuracies in any proof(s) before the expiry of the agreed or specified deadline(s). If FRANKMAN DESIGN does not receive the Customer’s notice within the deadline(s), the Customer will be deemed to have accepted the proof(s) as delivered by FRANKMAN DESIGN and FRANKMAN DESIGN shall be entitled to proceed in accordance with the production schedule, without any further or prior reference to or authority from the Customer.
5 Print: Variations in Quantity
In handling orders for Customers, every endeavour will be made by FRANKMAN DESIGN to deliver the correct quantity as ordered. All estimates are nonetheless conditional upon margins of 5% for mono work and 10% for other work being allowed for overs (which shall be charged extra) or shortage. These margins shall be reduced to 4% and 8% respectively for quantities exceeding 50,000.
6 Standing Marerial
FRANKMAN DESIGN’s materials used in production shall remain FRANKMAN DESIGN’s exclusive property. Materials supplied by the Customer shall remain the Customer’s property.
7 Customer’s Property
All Customer’s property and all property supplied to FRANKMAN DESIGN by or on behalf of the Customer shall, while it is in the possession of FRANKMAN DESIGN (or in transit to or from the Customer) be deemed to be at the Customer’s risk. The Customer should insure all such property accordingly. FRANKMAN DESIGN shall be entitled to make a reasonable charge for the storage of any Customer’s property left with FRANKMAN DESIGN before receipt of the order, or after notification to the Customer of completion of work.
FRANKMAN DESIGN will retain all artwork, designs, illustrations, models, layouts or other representations of any item created by FRANKMAN DESIGN relating to each project for two years from the date of invoice; thereafter, such materials will be disposed of unless a request for the materials is received in writing from the Customer no less than 28 days prior to the two year deadline.
8 Materials Supplied by the Customer
In relation to any goods or materials supplied or specified by the Customer, the Customer acknowledges and accepts its responsibilities and liabilities under Terms and Conditions 12 (Limits on Liability) and 15 (Illegal or Non-Compliant Materials) below. FRANKMAN DESIGN may reject any goods or materials supplied or specified by the Customer which appear to be unsuitable. If such unsuitability results in additional cost, these shall be charged extra, except where such additional cost could have been avoided but for unreasonable delay by FRANKMAN DESIGN in ascertaining the unsuitability of the goods or materials supplied or specified. Where goods or materials are so supplied or specified, FRANKMAN DESIGN will use all reasonable endeavours to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of goods or materials so supplied or specified.
Where a Customer delays FRANKMAN DESIGN’s work through failure to supply goods or materials as may be required (or delays or suspends work on a contract for any reason other than FRANKMAN DESIGN’s default), FRANKMAN DESIGN reserves the right to terminate the contract or, at FRANKMAN DESIGN’s discretion, proceed with the contract.
If FRANKMAN DESIGN does terminate the contract, the full amount due and payable to FRANKMAN DESIGN under the contract shall become due for full and immediate settlement. Whether FRANKMAN DESIGN terminates the contract or proceeds with the contract, any costs, expenses or outgoings suffered or incurred by FRANKMAN DESIGN as a result of any delay or suspension shall be the Customer’s responsibility and shall be reimbursed to FRANKMAN DESIGN by the Customer on demand.
Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed, payment shall become due.
Unless otherwise specified, the price quoted is for the delivery to the Customer’s address. A charge may be made to cover costs involved in delivery to a different address.
Should expedited delivery be agreed, an extra cost may be charged to cover overtime or additional costs involved.
If delivery dates are shown on any documentation, or given verbally by FRANKMAN DESIGN, they are approximate only. Unless otherwise agreed or specified by
FRANKMAN DESIGN, time for delivery shall not be of the essence.
FRANKMAN DESIGN will endeavour to complete the contract and/or deliver Goods within the time agreed, or (if no time is agreed) within a reasonable time; under no circumstances will FRANKMAN DESIGN be liable for any loss or damage to the Customer arising from any delay in production or delivery not caused directly by FRANKMAN DESIGN.
Advice of damage, delay or partial loss of Goods in transit or of non-delivery must be given in writing to FRANKMAN DESIGN within three clear days of delivery (or, in the case of non-delivery, within seven days of despatch of the Goods) and any claim in respect thereof must be made in writing to FRANKMAN DESIGN within seven clear days of delivery (or, in the case of non-delivery, within fourteen days of despatch). All other claims of any nature must be made in writing to FRANKMAN DESIGN within fourteen days or whichever is the earlier of the date of invoice or the date of delivery. FRANKMAN DESIGN shall not be liable in respect of any claims unless the aforementioned requirements have been complied with, unless the Customer can prove that it was not possible to comply with the requirements and advice was given and the claim was made to FRANKMAN DESIGN as soon as reasonably possible.
If the customer receives and makes use of the goods or services, then they will be deemed to be approved.
11 Limits on Liability
THE FOLLOWING TERMS LIMIT AND RESTRICT FRANKMAN DESIGN’S LIABILITIES TO CUSTOMERS:
FRANKMAN DESIGN does not accept any liability or responsibility for the use, operation, fitness for purpose or functionality of any Goods or Services produced using any design, model, text or specification provided by the Customer.
The Customer will be exclusively responsible for checking and monitoring that all items and materials supplied or specified by the Customer and Goods and Services provided by FRANKMAN DESIGN or FRANKMAN DESIGN’s servants, agents or employees will comply with all relevant applicable laws, regulations and standards, are not defamatory, libellous, obscene or offensive and do not infringe any third party rights. For the avoidance of doubt, the Customer shall ensure that it and its website at all times complies with all relevant legal requirements (including but not limited to the Data Protection Act 1998) and FRANKMAN DESIGN shall not be liable or responsible in the event that the Customer fails to comply with any applicable laws or regulations and breaches or infringes any third party rights.
The maximum liability of FRANKMAN DESIGN to the Customer shall not under any circumstances and for any reason or cause exceed the aggregate amount paid to FRANKMAN DESIGN by the Customer for the Goods and/or Services supplied and in respect of which the liability or claim arises.
UNDER NO CIRCUMSTANCES WHATSOEVER SHALL FRANKMAN DESIGN ACCEPT OR INCUR ANY LIABILITY FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES (INCLUDING LOSS OF PROFIT, REPUTATION OR EXPECTATION) OF THE CUSTOMER OR ANY OTHER PERSON HAVING ANY DEALINGS WITH THE CUSTOMER.
Payment for all Goods and Services is due 14 days post delivery, unless otherwise agreed in writing by FRANKMAN DESIGN. FRANKMAN DESIGN reserves the right to charge late payment interest on all overdue accounts, whether formally demanded or not at the rate of 8% per annum above the base rate set by the Bank Of England and late payment compensation in accordance with the Late Payment Of Commercial Debts (Interest) Act Notwithstanding the above, the right is reserved by FRANKMAN DESIGN to call for IMMEDIATE PAYMENT & FULL SETTLEMENT of any account at any time. FRANKMAN DESIGN reserves the right to invoice work-to-date at the end of any calendar month for work undertaken. Until full and final payment has been received by FRANKMAN DESIGN for all Goods supplied at any time by FRANKMAN DESIGN to the Customer, ownership of such Goods shall remain with FRANKMAN DESIGN, and in the event of non-payment by the Customer, FRANKMAN DESIGN shall be entitled to take possession of Goods (and to enter upon the Customer’s premises and seize such Goods) without prejudice to any other remedies.
13 Breach of Terms and Conditions and/or Insolvency
If the Customer commits any material breach of any of these Terms and Conditions or ceases to pay its debts in the ordinary course, or cannot pay its debts as they become due, or (being a company) is deemed to be unable to pay its debts, or has a winding-up petition issued against it, or (being a person) commits an act of bankruptcy or has a bankruptcy petition issued against him/her, or if any receiver, administrator, trustee or other custodian is appointed over or in respect of the Customer’s business, assets or affairs (or any material part of them) FRANKMAN DESIGN without prejudice to other remedies shall:
Have the right not to proceed further with the contract of any other work for the Customer, and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Customer, such charge to be an immediate debt due; and b. In respect of all unpaid debts due from the Customer, have a general lien on all goods and property in FRANKMAN DESIGN’s possession or control (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as FRANKMAN DESIGN thinks fit and to apply the proceeds towards such debts; and/or Notwithstanding that payment has not been received in full by FRANKMAN DESIGN for all Goods supplied the risk in respect of any such Goods shall pass to the Customer and FRANKMAN DESIGN shall be entitled to maintain an action for the price of such unpaid Goods notwithstanding that FRANKMAN DESIGN shall retain ownership of such Goods.
14 Illegal or Non-Compliant Materials
FRANKMAN DESIGN shall not be required to produce any Goods or materials which, in its opinion, are or may be of an illegal, defamatory, libellous, obscene or offensive nature or an infringement of the copyright, patent, design rights or any other proprietary or other rights of any third party. FRANKMAN DESIGN shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any illegal, defamatory, libellous, obscene or offensive matter or any infringement of copyright, patent, design rights or of any other proprietary or personal rights contained in any Goods or materials produced or Services provided for the Customer. This indemnity shall extend to any amounts paid in settlement of any claim.
15 Acceptance and Authority
The issuing of a purchase order or quotation/order acceptance or letter/email/fax of appointment (carrying reference to a quotation/contract or proposal) will be deemed as acceptance by the Customer of these Terms and Conditions. FRANKMAN DESIGN reserves the right not to proceed with any work unless a purchase order or quotation/order acceptance or letter/email/fax of appointment is received. FRANKMAN DESIGN will be entitled to assume that every servant, agent or employee of a Customer having any contract or dealing with FRANKMAN DESIGN has actual authority to enter into binding commitments and contracts on behalf of the Customer without any limit or restriction unless FRANKMAN DESIGN receives written notice from the Customer to the contrary.
16 Force Majeure
FRANKMAN DESIGN shall be under no liability if it is unable to carry out any contract for any reason beyond its control, including (without limitation) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. If as a result of any such event delivery is delayed for more than thirty days, the Customer may (by written notice to FRANKMAN DESIGN) elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
These Terms and Conditions, and all other terms of any contract, shall be governed and construed in accordance with the Laws of England.
FRANKMAN DESIGN Terms of Service (TOS)
The company shall be known throughout this document as FRANKMAN DESIGN.
‘FRANKMAN DESIGN’ means those persons carrying on business under the name of Frankman Design. 151 Babbacombe Road, Torquay, TQ1 3SU (or other offices appearing on FRANKMAN DESIGN’s letterheads from time to time) Use of FRANKMAN DESIGN Service constitutes acceptance and agreement to our TOS (Terms of Service). All service provisions are subject to the TOS of FRANKMAN DESIGN. The TOS may be changed from time to time at the discretion of FRANKMAN DESIGN. The client understands that change to the TOS by FRANKMAN DESIGN shall not be grounds for non-payment. FRANKMAN DESIGN agrees to provide the client with web hosting services for a monthly, quarterly or annual fee. Clients are allowed to use FRANKMAN DESIGN services for personal and/or business/commercial websites or content.
All services provided by FRANKMAN DESIGN may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is “adult only” content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless FRANKMAN DESIGN from any claims resulting from the use of the service which damages the subscriber or any other party.
FRANKMAN DESIGN does not allow adult “xxx” related websites, pornography and sex-related content on its servers. Nor do we allow adult subscription or membership based “pay sites”. This includes sexual content, or links to adult content hosted elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
FRANKMAN DESIGN will be the sole arbiter as to what constitutes a violation of this provision. Educational adult websites and adult e-commerce stores are allowed but due to such a fine line we recommend checking with FRANKMAN DESIGN before hosting such websites.
FRANKMAN DESIGN will be the sole arbiter as to what constitutes a violation of this provision.
SOME EXAMPLES OF UNACCEPTABLE CONTENT:
– Adult / Pornographic – Hacking programs / Hacking Archives / Hacking Information – Warez Site – Spam / Spamming Software
DISTRIBUTION OR TRANSMISSION OF OBSCENE OR INDECENT SPEECH OR MATERIALS:
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights
Material accessible to you through FRANKMAN DESIGN’s Services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the FRANKMAN DESIGN Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the FRANKMAN DESIGN Network. If you use a domain name in connection with the FRANKMAN DESIGN Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. As the client you are solely responsible for the Intellectual Property Right pertaining to your chosen name, brand, or logo, Frankman Design accepts no responsibility or liability for your chosen name, brand or logo.
Spam and Unsolicited Email:
FRANKMAN DESIGN takes a zero tolerance approach to the sending of Unsolicited Email (SPAM). Very simply this means that Clients of FRANKMAN DESIGN may not use or permit others to use our service for sending SPAM Emails. Clients of FRANKMAN DESIGN may not host, or permit hosting of, sites or information that is advertised by SPAM from other services. Violations of this policy carry severe penalties, including termination of service. If a customer is found to be in violation of our SPAM policy, FRANKMAN DESIGN may, at its sole discretion, restrict, suspend or terminate a customer’s account. In addition, FRANKMAN DESIGN may impose a £100 penalty for each spam policy violation. FRANKMAN DESIGN solely reserves the right to refuse or cancel service to known spammers. Lastly, FRANKMAN DESIGN reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
“Catch All” Email Accounts:
FRANKMAN DESIGN does not allow the use of “catch all” email accounts. This is the practise of email@example.com directing all mail to a single mailbox. This practice is out-of-date and causes extreme surges of spam, both for you and for our spam filtering servers. To use an email address you must login to your control panel and create the required mailbox, catch-all mailboxes are banned and if found will be removed without notice or your account disabled.
Mailfoundry Spam Filtering Limits:
Some domain names may have too many mailboxes or receive such a high volume of spam email that it will not be possible for us to provide MailFoundry service to them, due to the extreme usage. While MailFoundry is a dedicated system for handling huge volumes of spam it does have limits. Should the amount of spam or number of mailboxes in use on a domain break what FRANKMAN DESIGN believes to be realistic limit thresholds then we will inform you that MailFoundry services will not be continued for your domain.
SCRIPTING, APPLICATIONS AND BACKGROUND-RUNNING PROGRAMS:
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. We provide a hosting service not a shell service. You are not allowed to compile and run software on our hosting servers. You are free to use any scripts (such as php, cgi or perl) you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing Frankman Design Ltd server disruption include large cgi-based message forums, auctions, galleries, and banner exchanges. In the event a script affects normal server and/or administrative operations, FRANKMAN DESIGN reserves the right to disable the account pending client cooperation and resolution. Scripts we do not allow include: – Chat servers/scripts of any kind are strictly prohibited. – Formmail scripts using the filename “formmail” are prohibited. Formmail and contact forms are acceptable providing the script is not named “formmail” for its filename and providing that you maintain the latest version of the script and it remains secure and unabused by spammers. We do allow you to have ONE remote MySQL user if requested. The user must have a fixed, non changing, IP address for us to grant access to.
Customers may not use the FRANKMAN DESIGN Network to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network.
This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. FRANKMAN DESIGN will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
FRANKMAN DESIGN limits technical support to its area of expertise, this is providing web hosting services and related features. FRANKMAN DESIGN does not offer support for application specific issues such as php programming, cgi programming, html, website design and development or any other such issue. Any additional work you may require from FRANKMAN DESIGN which does not fall within usual support boundaries is charged at a rate of £60 GBP per hour, charged in 15 minute increments. All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include: site scripting problems, script installation, website design and development, and the maintaining of a users website to meet with changes in technology or the emergence of new website platforms.
Establishment of this service is dependant upon receipt by FRANKMAN DESIGN of payment of all stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup (monthly or yearly terms). Service may be interrupted on accounts that fall overdue. FRANKMAN DESIGN may, at its sole discretion, charge a fee of £95.00 to reinstate a suspended account. After this period if we have not received payment or had notice from you that the due payment is in hand, your account will be suspended or terminated at the sole discretion of FRANKMAN DESIGN. It is very important you keep your email address on file with us current by notifying us of email address changes via firstname.lastname@example.org. Failure to keep us updated with your current email address may mean important communications don’t reach you, resulting in suspension or termination of your hosting account. A service charge, equal to the charge incurred by FRANKMAN DESIGN, will be charged to your account for each cheque or other form of payment that is returned to FRANKMAN DESIGN unpaid.
REFUNDS AND DISPUTES:
All payments to FRANKMAN DESIGN are non-refundable. This includes any setup fee and subsequent charges regardless of usage. FRANKMAN DESIGN does not offer any kind of “money back guarantee” or “trial period”. All domain registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your term.
FRANKMAN DESIGN reserves the right to change the pricing of products and/or services at any time.
DOMAIN NAME EXPIRY AND REDEMPTION FEE’S:
FRANKMAN DESIGN is not liable for expiry or loss of your domain name.
Before a domain expires you will be reminded to renew your domain by email to the address we hold on file for you. On the date a domain expires it will be deactivated by the registry, and no longer display your website. Once a domain is deactivated and expired you will have 7 days to contact us to renew the domain name at our regular renewal rates. Failure to renew your domain name will mean your domain name will be released to the general public, so anyone can re-register your domain and you will lose it.
Cancellation must be received 7 working days or more before your next payment is due. FRANKMAN DESIGN will then stop all recurring payments due and you will NOT be billed again. Changing a domains DNS to another provider or transferring a domain away from FRANKMAN DESIGN does not constitute a cancellation request. A cancellation request must be submitted to FRANKMAN DESIGN and we will then confirm the cancellation date back to you.
Any domain name registered by FRANKMAN DESIGN (as your registrar) is yours to keep.
You can transfer your domain name to a different registrar at any time once the domain is 90 days old – Newly registered domains do have a 90 day waiting period where they cannot be transferred from FRANKMAN DESIGN to a different registrar.
The client has the right to request for their website to be hosted with a third party hosting company if the website was originally created by Frankman Design. Website hosting transfer requests must be made in writing to Frankman Design Ltd, from receipt of a transfer request the clients website will be made available to them in a format deemed fit by Frankman Design Ltd. The website file will be made available to the client 30 days following written request. A minimum fee is applicable to all website transfers, this is £150 for a standard website, a final transfer price will be provided to the client and must be settled in full before any files are released. Early termination of any hosting packages will not result in the refund of the original hosting cost, or part cost, to the client. Any additional work to rework supplied files to aid a third party hosting provider will be charged at the standard hourly rate, on a per hour basis. In the event that the original website was not created by Frankman Design, but the hosting of the website is managed by Frankman Design, there is no ability for the website to be packaged and transferred to a third party external to the original server architecture.
Any attempts to undermine, slander, libel, threaten, or cause harm to a FRANKMAN DESIGN server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
REFUSAL OF SERVICE:
FRANKMAN DESIGN reserves the right at its sole discretion to refuse or cancel service. Violation of any of FRANKMAN DESIGN’s TOS could result in a warning, suspension, or account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.
INFORMATION DISCLOSURE POLICY:
FRANKMAN DESIGN will not otherwise disclose its customers’ personal and account information unless FRANKMAN DESIGN has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of FRANKMAN DESIGN, FRANKMAN DESIGN’ customers, or others, or where FRANKMAN DESIGN has a good faith belief that the law requires such disclosure. FRANKMAN DESIGN also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail, electronic communications, or other electronic data that FRANKMAN DESIGN stores or transmits for its customers. The circumstances under which FRANKMAN DESIGN will disclose such electronic customer communications or data are when: – it is necessary in order to provide service to the customer. – it is necessary to protect the legitimate interests of FRANKMAN DESIGN and its customers. – it is required to cooperate with dispute policies, court orders, warrants, or other legal processes that FRANKMAN DESIGN determines in its sole discretion to be valid and enforceable. – it is necessary to provide to a law enforcement agency when the contents appear to pertain to the commission of a crime.
It is the policy of FRANKMAN DESIGN to not disclose any personal information or account data to third parties without prior consent of the individual unless instructed to do so by a court of law or other legal warrant/document. FRANKMAN DESIGN will in the normal course of its business collect personal information from clients and prospective clients, for the purposes of billing, customer service, provision of information, as well as other legitimate business reasons. This information may be stored in a number of ways including electronic and paper formats. Any person may request a copy of personal information pertaining to themselves, which shall be provided free of charge after reasonable proof of identity. Any personal information held on our systems will be deleted on request and after reasonable proof of identity
We may also store information about you using cookies which we can later access when you visit our websites at a later date. If you want to delete any cookies that are already on your computer, please refer to your system administrator who will be able to help you locate and remove these cookies. If you want to stop cookies being stored on your computer in future, please refer to your browser manufacturer’s instructions by clicking “Help” in your browser menu. Please note that taking either of these measures may prevent you accessing features offered from our sites.
Customer agrees that it shall defend, indemnify, save and hold FRANKMAN DESIGN (or it’s employee’s/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against FRANKMAN DESIGN, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless FRANKMAN DESIGN against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with FRANKMAN DESIGN server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of FRANKMAN DESIGN to the amount paid for service.
FRANKMAN DESIGN will not be responsible for any damages your business may suffer. FRANKMAN DESIGN makes no warranties of any kind, expressed or implied for services we provide. FRANKMAN DESIGN 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 FRANKMAN DESIGN and its employees. FRANKMAN DESIGN makes no server “uptime” guarantees. The Client agrees that FRANKMAN DESIGN shall not be liable for any damages as a result of loss of hosting services or hosted data. The Client further acknowledges that FRANKMAN DESIGN’s liability for its own negligence is zero, and FRANKMAN DESIGN may not be held responsible. Liability or Damages in any event may not exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall FRANKMAN DESIGN be liable for any special or consequential damages, loss of revenue or injury. FRANKMAN DESIGN can accept no responsibility for any loss of data or consequences arising from this. FRANKMAN DESIGN always advises clients to back up their site data regularly for their own protection. FRANKMAN DESIGN does not guarantee its own backups of customer data and is not liable for any loss of data, loss of backups or inability to restore service after implementing its disaster recovery plan. All communications (emails, verbal or written) are between FRANKMAN DESIGN and the client. These communications are private and are therefore not to be shared with any other parties. This agreement is made between the customer and FRANKMAN DESIGN. FRANKMAN DESIGN will only be able to communicate with regards to the account with the registered customer and not a third-party. Finally, FRANKMAN DESIGN wishes to emphasize that in accepting services, customers indemnify FRANKMAN DESIGN for the violation of any law or FRANKMAN DESIGN policy that results in loss to FRANKMAN DESIGN or the bringing of any claim against FRANKMAN DESIGN. This means that if FRANKMAN DESIGN is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against FRANKMAN DESIGN, plus costs and reasonable legal fees.
FAILURE TO COMPLY WITH ANY OF OUR TERMS OF SERVICE WILL RESULT IN GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION OR REMOVAL.