Terms and conditions
Terms Governing The Use Of Our Services
The Terms & Conditions can be accessed through our website at the location http://www.fuzedesign.co.uk/terms or supplied in writing upon request.
In these conditions "the client" means the person or company who has agreed to take out the services of Fuze Design. The deliverables means the services and work specified in the quotation to be delivered by Fuze Design to the client.
For each project, the client will receive a quotation outlining the project brief. We will begin work upon the clients written or oral approval of the quotation. Quotations are valid for 30 days.
Unless otherwise agreed in writing by the Fuze Design, all clients will be required to pay 50% of the project cost before work can begin and the balance is due upon artwork approval. A 1.5% monthly service charge is payable on all overdue balances. The client shall be responsible for all collection or legal fees necessitated by late or default in payment. All deliverables shall be deemed complete once the client has signed off the work or indicated satisfaction either verbally, in writing, via e-mail or post. If the client fails to communicate with Fuze Design for a period of more than 30 days without explanation, the project shall be deemed satisfactory and complete. Unless otherwise provided in the quotation the client shall pay additional charges for changes requested by the client which are outside the scope of the quotation on a time and materials basis, at Fuze Designs standard hourly rate of £45 per hour. Such charges shall be in addition to all other amounts payable under the quotation.
The deposit paid to Fuze Design covers the cost of design work carried out as well as any admin work and communication with Fuze Design. The deposit is non refundable.
Errors and omissions
It is the clients responsibility to check all proofs carefully for accuracy. Fuze Design is not liable for errors, such as typographic errors or misspellings and the client shall incur the cost of correcting such errors.
Fuze Design retains the right to reproduce, publish and display the deliverables in Fuze Design portfolios and Web sites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the deliverables in connection with such uses.
Full colour printing
All reasonable efforts shall be made to obtain the best possible colour reproduction on customer's work but variation is inherent in the print process and it is understood and accepted as reasonable that Fuze Design shall not be required to guarantee an exact match in colour or texture between the customer's photograph, transparency, proof, electronic graphic file, previously printed matter or any other materials supplied by the customer and the printed article the subject of the customer's order.
Fuze Design Web Hosting - Terms and Conditions
Users and customers of Services provided by Fuze Design must accept the terms and conditions of business set out below.
The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG and Nominet in the case of domain names ending with .UK you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services.
If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
If you break any of these terms and conditions and you fail to correct the breach within thirty (30) days following written notice from us specifying the breach, we may terminate this Agreement forthwith.
If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith.
On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.
If you are unhappy with any aspect of our service, please contact our support department who will attempt to rectify the situation.
Refunds are not available for .COM, .NET, .ORG or any other domain names, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by Fuze Design through other companies.
No refunds will be made if we terminate your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.
These Terms of Service and Acceptable Use Policies ("Terms and Policies") are an essential part of your relationship with Fuze Design. By using your Fuze Design account, you agree to all of the Terms and Policies set out in this document.
General Terms and Policies
The Service is provided to authorised persons or organisations (referred to in this document as "Subscriber" or "you"). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
Coverage - If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.
Prices and Charges - Fuze Design provides the use of Helm Control Panel, Plesk Control Panel and domain control panel to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you.
Backups - Fuze Design carry's out backups on a daily basis, these backups are strictly for our own use in-case of a server failure. Although we will try our best to recover data on a 'per incident' basis at a charge of £15.00.
Grounds for Suspension and Termination - You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Fuze Design to suspend or terminate your account. You agree that Fuze Design has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:
*Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
*Using the Service to host adult material, whether it is legal or not, we do not support it on our services.
*Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming"); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity.
*Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
*Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender's identity or location.
*Excessively using the Service in such a way as to limit the bandwidth available to others.
*Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
*Using the Service to promote or solicit competing Internet services.
*Using the Service for unauthorised relays through any third party systems.
*Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
*Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
*Using the Service to add or attempt to add addresses to any mailing list (yours or a third party's) without the explicit positive consent of the addressee(s).
*Using the Service to forward or post "letters"iple forwarding) of any type.
*Attempting to cancel, supersede, or otherwise interfere with email other than your own.
*Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
*Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
*Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
*No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Fuze Design may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
*Security - You agree not to access or attempt to access private areas of the Service. You agree to notify Fuze Design as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
*Intellectual Property - Fuze Design does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to firstname.lastname@example.org.
*Continuing a specific identification of the allegedly infringing material and the location(s) on Fuze Design's facilities where the materials are to be found. Upon receipt of such written notice, Fuze Design will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Fuze Design receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Fuze Design will send you a copy of that notification. Unless you notify Fuze Design of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.
*Liability - You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Fuze Design, neither Fuze Design nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Fuze Design neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Fuze Design is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Fuze Design equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Fuze Design and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
*You agree that, should you use the Service to send or receive voice communications, Fuze Design is not acting as a telecommunications carrier or telephone company, that there is no representation made by Fuze Design as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Fuze Design has no liability of any sort for the failure or lack of quality of such use of the Service.
*You agree to be liable for any damages or loss of service which results in damages to Fuze Design as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Fuze Design may pursue any such claims against you in Court.
*You agree that in no event will Fuze Design have financial liability to you.
*Warranty - FUZE DESIGN HOSTING MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD FUZE DESIGN ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY FUZE DESIGN OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
*THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY FUZE DESIGN ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; FUZE DESIGN DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. FUZE DESIGN DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
*Content - You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Fuze Design has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.
*Privacy - Fuze Design will not provide names, addresses, telephone numbers, email addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the Service. Fuze Design may provide aggregate data on Subscribers to third parties in the operation of Fuze Design's business.
*Disputes - You agree that any dispute between you and Fuze Design arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and Fuze Design will be submitted by the aggrieved party for binding arbitration under the auspices of the English law.
*Governing Law - These Terms and Policies are governed in all respects under English laws.