Important Legal Agreements
CassidyDNS (“we”, “us”) provides hosting, email, domain registration, website design and development (“the Services”), together with such other services as are agreed between you (“the Customer”) and us.
By subscribing to any of the Services and opening an account with us (“the Account”), you agree to accept and be bound by the following terms and conditions. CassidyDNS reserves the right to change these terms and conditions at any time. If you have any questions regarding these terms and conditions, please feel free to email us for clarification.
Payment, Cancellation and Refunds
- If paying by cheque, we will set up the Services once it has cleared. If paying via BACS, we will try to set up the Services on the same day. If paying via PayPal, credit/debit card, or Direct Debit, the Services will be automatically setup as soon as we receive notification of a successful payment.
- Invoices are generated 21 days before the official due date. Payment must be made by the due date to avoid the suspension of the Services. If no payment is received, the Services will be suspended 7 days after the official due date. If no attempt is made within the next 14 days to pay due invoice(s), we reserve the right to terminate the Services. In total 21 days from the official due date will pass before we terminate the Services.
- For web design, a non-refundable negotiable deposit will normally be payable at the outset with the balance payable on satisfactory completion of the site. If you require any modifications and/or additions to your initial requirements, this may incur an additional fee.
- New customers are entitled to a 7 day full refund on all hosting packages. If you've had an Account with us before, cancelled and signed up again, or if you have opened a second Account with us, you will not be eligible for a refund.
- We do not offer a refund for new domain registrations, renewals, transfers, SSL Certificates, Dedicated IPs, or any other additional services.
Service Maintenance and Backups
- We will assist you with any technical problems, and will use all reasonable efforts to supply a continuous service, although from time to time it may be necessary to carry out maintenance on the network, which may involve temporarily shutting parts of it down. This will not count towards the uptime guarantee. We will give you as much notice of this work as possible, and will try to keep it to the period specified in the notice.
- We will use all reasonable efforts to protect and backup your data on a regular basis. However, we do not guarantee the accuracy or regularity of our backup services, and therefore you are solely responsible for making backup files in connection with your use of the Services.
- We reserve the right to refuse our Services and/or access to our servers to anyone.
- The transmission, storage, or presentation of any information, data or material on our servers that is in violation of any British law, is prohibited. Any violation will result in the immediate termination of your Account without notice or refund, and may result in a claim made against you for any legal liability placed on us. Banned content includes, but is not limited to:
- Illegal material - this includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
- Adult material – this includes all pornography, including images/video or otherwise obscene content.
- Warez - this includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. This also includes any sites which provide "links to" or "how to" information about such material.
- You must not attempt to gain unauthorized access to our site, the servers on which our site is stored, or any server, network or account connected to us. You must not misuse our site by carrying out DOS attacks, or knowingly introduce any material which is malicious or technologically harmful, including viruses, Trojans, worms or logic bombs. Any breach is a criminal offence under the Computer Misuse Act 1990 and will be reported to the relevant law enforcement authorities, it may result in a claim for damages and will result in immediate termination of your Account without notice or refund.
- Spamming, sending unsolicited emails from our servers, or using email addresses that are maintained by us, are strictly prohibited and will result in immediate termination of your Account without refund.
- If you misuse resources, including but not limited to, using applications which consume excessive CPU cycles, memory or storage space, we will inform you and we reserve the right to upgrade your Account or suspend your Account until this is rectified.
- If your Account exceeds the bandwidth limit, we will inform you. If you do not wish to purchase extra bandwidth or upgrade your Account and continue to exceed the limit, your Account will be suspended until you demonstrate to us that you have taken measures to ensure that the limit won’t be exceeded again or you upgrade your Account. The Account will be reactivated the following month.
- You agree that you will not re-sell, sub-lease, reassign or transfer any part of the Services.
Limitation of liability
- We will not be liable to you for any loss or damages that result from the use of or inability to use the Services, including:
- technical problems including service interruptions, errors or delays outside our control
- loss of data, deletion of files, computer viruses, errors or omissions
- incompatibility of the Services with your equipment, software or telecommunications links
- unsuitability, unreliability or inaccuracy of the Services
- access to the Services by third parties through illegal or otherwise unauthorized means
- any material on the internet posted by you by means of the Services
- any security breaches affecting your Account
- We will not be liable for any direct, indirect or consequential loss or damage of any kind incurred by you however arising, including loss of income, profits, business or data, whether caused by tort (including negligence), breach of contract, or otherwise.
- We will not be liable for failure or delay in performing our obligations if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption, delay or failure in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
- Our maximum liability to you for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence or otherwise), arising out of or in connection with the Services, will not exceed the fees paid by you to us during the 12 month period prior to the date when the liability occurred. No liability whatsoever will be accepted by us unless and until you have provided documentary evidence to our satisfaction proving that loss has occurred.
Suspension / Termination
- We reserve the right to suspend or terminate your access to the Services for any reason at our sole discretion, upon giving 7 days written notice to you to inform you why this action has been taken.
- We reserve the right to suspend or terminate your Account immediately upon breach by you of any of the terms and conditions herein, including late or non-payment of monies due.
- These terms and conditions shall be governed by and construed and interpreted in all respects in accordance with the law of England and Wales. The English Courts shall have exclusive jurisdiction in respect of any disputes arising hereunder.
- If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, unenforceable, or void, you agree that the other provisions of these conditions will remain in full force and effect in so far as possible.