Terms & Conditions
- Digital Design Hut
- shall mean Digital Design Hut.
- shall mean the contract between Digital Design Hut and the Customer adhering to the Terms and Conditions that follow.
- shall mean the global interconnected networks that adhere to TCP / IP (Transmission Control Protocol / Internet Protocol).
- shall mean the name assigned to the Customer in relation to the provision of Service including any mailbox and domain Name(s).
Terms and Conditions of Service:
- 2.1Digital Design Hut agrees to provide the Customer with Service in accordance with the Terms and Conditions listed as follows:
- 2.2Digital Design Hut cannot guarantee to provide a fault-free service due to the technically complex nature of the Service provided. Digital Design Hut will however undertake to respond to all reported faults with a minimum of delay and to correct all faults as speedily as possible. All faults must be reported by the Customer by telephone, fax or electronic mail.
- 2.3Digital Design Hut will provide an estimate for date of installation. Although Digital Design Hut will attempt as far as it is possible to meet this date it must be understood by the Customer that this date is still an estimate and may be subject to alteration.
Service Charges and Payment Terms:
- 3.1All charges whether ongoing or once-only payments are as detailed in the Digital Design Hut Pricing Policy (available upon request).
- 3.2Should these charges or rates be amended then Digital Design Hut will give the Customer not less than two weeks notice.
- 3.3The Customer is responsible for all charges and rates pertaining to the Digital Design Hut Pricing Policy for Service including connection costs (where applicable) subscription fees and charges for all services and facilities pertaining to the provision of the Service.
- 3.4Liability for charges shall commence, unless otherwise agreed, from the first day upon which the service is fully operational.
- 3.5All charges, costs, rates and fees are subject to and quoted exclusive of VAT (Value Added Tax) and any other taxation that may be applicable. Additional tax or taxes will be included on the Customer's invoice.
- 4.1The Customer shall be responsible for Digital Design Hut equipment for the duration of the period that it is installed on the Customer's Site. The Customer shall undertake not to interfere, modify or alter this equipment in any way. The Customer shall be responsible for the loss or damage to all Digital Design Hut equipment whilst it is on the Customer Site except where the cause of this fault is directly attributable to the negligence or mismanagement by Digital Design Hut staff.
- 4.2The Customer agrees to provide all facilities, to include electricity, and assistance pertaining to the installation of the Service and all Digital Design Hut and other equipment. The Customer also agrees to provide the physical space and environmental conditions needed to accommodate such equipment.
- 4.3The Customer (or any third party) agrees not to use the Service;
- 4.3.1to send or receive materials or data that is offensive, abusive, indecent, obscene, threatening or in breach of human or civil rights, copyright, confidence, privacy or any other legal rights.
- 4.3.2in breach of all sections of this Contract.
- 4.3.3other than in accordance with accepted Internet usage standards and protocols, particularly those defined by 'CIX' (Commercial Internet eXchange).
- 4.3.4the Customer agrees not to use any Name, Electronic Mail Address, Domain Name, Trademark or Patented name that is in breach of statute or common law or that infringes the rights of the individual or accepted Internet parameters. The Customer accepts that Digital Design Hut cannot guarantee that any Name requested by the Customer will be available for use. The customer accepts that any Name selected for use by the Customer complies with all trademarks and that the Customer is the exclusive owner of that name.
- 4.3.5 the Customer agrees to abide by the Digital Design Hut Acceptable Use Policy available from the Digital Design Hut web site.
- 4.4Digital Design Hut will treat any contravention, as stipulated in 4.3., whether by the Customer directly or by person(s) with or without the Customer's consent as a breach of Contract and may decide to suspend Service and can refuse to restore Service until such a time as the Customer can give an acceptable guarantee that there will be no further contravention or breach of Contract.
- 4.5Digital Design Hut shall accept no liability whatsoever for the transmission or receipt of any information or data of whatever nature or format.
- 4.6The Service shall be provided for use by the Customer only and it will be the responsibility of the Customer to ensure that the Service is not used by other third party or parties. Nor shall the Customer resell directly or indirectly for money, money's worth, business or any other kind of benefit, all or any part of the Service provided.
- 4.7Digital Design Hut is not liable in contract, tort or otherwise (to include liability for negligence) for the following;
- 4.7.1direct or indirect loss of business , revenues or profits, corruption or destruction of data or for any other indirect or consequential loss whatsoever.
- 4.7.2for any negligence or omissions on the part of any other providers of telecommunications services and hardware including faulty equipment.
- 4.8The customer shall indemnify Digital Design Hut against any third party claims or legal proceedings that are brought against Digital Design Hut that arise from the Customer's use of the Service.
Digital Design Hut's Liability and General Powers:
- 5.1Digital Design Hut may temporarily suspend the Service in order to upgrade, repair or maintain the telecommunication link, hardware or software.
- 5.2Digital Design Hut may alter the technical specification of the Service for operational improvements or amendments.
- 5.3The Customer will allow Site access to authorised Digital Design Hut personnel for the purpose of providing, maintaining or improving Service.
- 5.4Third party consent for the installation of Digital Design Hut equipment installed under this Contract must be obtained by the Customer.
- 5.5Before implementing any of the above Digital Design Hut will provide as much notice as practicable via telephone / fax / electronic mail / traditional mail and will endeavor to restore the Service as speedily as possible.
- 5.6 In undertaking any obligation of this Contract Digital Design Hut's duty is to carry out the due care and attention. Digital Design Hut does not exclude or restrict liability for death or personal injury caused by its own willful neglect or negligence.
- 5.7Digital Design Hut is not liable for any breach of Contract that is beyond its reasonable control including;
Acts of God, Fire, Lightening, Explosion, War, Disorder, Acts of central or local government, Industrial disputes, Floods or other extreme weather conditions
Termination of Service:
- 6.1Digital Design Hut can without prior notice fully or partially interrupt, suspend, or terminate the Service without loss or reduction of rights or terminate this Contract if the Customer:
- 6.1.1does not pay any charge, fee, rate, or cost within 28 days of payment due date.
- 6.1.2breaks any part of this contract.
- 6.1.3breaks the Acceptable Use Policy.
- 6.1.4becomes bankrupt or subject to insolvency proceedings whether voluntarily or compulsory or has an administrator seize all or parts of its assets. The Customer will in any eventuality remain liable for all charges, fees, rates and costs during the period of suspension, any period where the Customer does not comply fully with the Terms and Conditions of this Contract, or following termination of Contract.
- 6.2Upon termination of this contract the Customer shall pay Digital Design Hut all charges, fees, rates, and costs pertaining to the provision of Service up to the end of this Contract except those already paid.
- 6.3In the eventuality that Digital Design Hut waives a breach of contract then that waiver is limited to that breach only and any delay in responding to contravention or breach of contract is not to be regarded as in itself a waive of breach of contract.
- 6.4Following the expiration of the initial twelve-month period, this Contract may be terminated by either Digital Design Hut or by the Customer on giving a minimum of thirty days notice to the other.
- 6.5 If Digital Design Hut gives notice to the Customer then the Customer is obliged to settle in full charges, fees, rates and costs up to the expiration of the notice period. Should the Customer give notice to Digital Design Hut then the Customer must settle in full charges, fees, rates and costs until ninety days after Digital Design Hut receives official confirmation of notice in hard copy. The Customer's notice does not preclude any other liability contained within the Terms and Conditions of this Contract. Digital Design Hut will repay on a pro-rata basis any charges, fees, rates and costs paid for in advance for any period following the date upon which the Customer's liability for payment terminates.
Digital Design Hut Software and Intellectual Property Rights:
- 7.1The Intellectual Property Rights within all the software provided remain the exclusive right of Digital Design Hut and / or of its software providers. The Customer agrees to comply with all obligations pertaining to these Rights.
- Nominet Terms & Conditions
- ICANN Uniform Domain-Name Dispute-Resolution Policy
- ICANN Registrant Rights
- Tucows Domain Agreement
Digital Design Hut T&C - Last Revised 20/04/2015