Terms of service
This is an Agreement between you, hereinafter referred to as the Account Holder and OSHS Ltd t/a DataRepublic.
1. Account. This Agreement applies to all Accounts (sub-accounts, pointers, etc.) associated with the Account Holder.
2. Renewal Period. This Agreement will automatically renew for successive periods as chosen in the order form for the life of the contract until cancelled in writing or via our cancellation procedures found in the client area.
3. Cancellation. Cancellation requests must be received in writing via postal mail at Data Republics nominated postal address, as found on our website or via our online system. Phone/Email cancellations will not be accepted. This Agreement shall come into effect upon the date of this Agreement and, subject to the provisions of this Agreement shall continue in force for an initial term of 1 month(unless agreed otherwise) from the date the Services are available to the Client and indefinitely after that until terminated by either party giving not less than 30 days prior written notice to expire on or after the expiry date of the initial term.Upon early termination of a contract the remainder of the contract value shall be due as a termination fee.
4. Refunds in the amount of a month use will be granted upon the occurrence of difficulties of services that are a result of OSHS Ltd's staff. Refunds will only be granted for the month that the problem was brought to OSHS Ltd's attention. If, after providing notice to the Account Holder, the Account Holder does not correct the Account Web site with respect to any of the following circumstances, OSHS Ltd may terminate this Agreement, discontinue this service and delete the Account Web site on the 3rd day: a) The Account Holder violates any term of this Agreement, any UK laws or regulations, or any policy or guideline set out, from time to time, by OSHS Ltd anywhere on the Web site www.datarepublic.net b) The Account Holder engages in conduct or posts material on the Account Web site that OSHS Ltd in its sole discretion believes is harmful to other Account Holders, the business or reputation of OSHS Ltd or any third-party; c) The Account Holder engages in any activity that could or does overwhelm the server with heavy central processing unit (CPU) usage or that requires a disproportionate amount of the resources of the OSHS Ltd server; d) The Account Holder disputes the terms of this Agreement or any amendment set out, from time to time, by OSHS Ltd anywhere in an amended Agreement, attached schedule to this Agreement, or on the Web site www.datarepublic.net.
5. Representations "&" Warranties. No oral or written advice or information given by OSHS Ltd or its employees will create a warranty. This information or advice may not be relied upon. This Agreement supersedes any such information or advice given by OSHS Ltd or its employees. OSHS Ltd does not warrant that any services provided by OSHS Ltd will be uninterrupted, error-free or secure. The Service is offered on an "as is" basis without any representations or warranties of any kind either express or implied. OSHS Ltd may also link to or include on its Web sources,information provided by third party partners and providers.OSHS Ltd does not guarantee or warrant the reliability of this information nor does OSHS Ltd recommend any of these services. For greater certainty and without limitation to the generality of the foregoing: a) OSHS Ltd makes no representations, warranties or guarantees of any kind whether written or verbal regarding the reliability of the Account Holder Web site provided or any other services offered b) OSHS Ltd is not responsible for any deletions, alterations, or loss of data due to network or system outages, file corruption, accidental deletion or any other reasons c) OSHS Ltd makes no representations, warranties or guarantees with regards to server reliability, speed or consistency d) OSHS Ltd makes no representations, warranties or guarantees as to the accuracy or correctness of any content on any of the Sites and is not responsible for any errors or omissions arising from the use of such information.
6.(a) Refunds & Charges. All payments to Data Republic are non-refundable. You agree that any work carried out by Data Republic above and beyond the services already paid for will be charged at a rate of £50 + VAT per hour.
7. Payment Method. Account Holder paying by cheque or bank transfer will receive an invoice for charges and payment is due upon receipt. Account Holder paying by credit card expressly agrees to have their credit card account billed by OSHS Ltd with the charges layed out in the order form and client area.
8. Delinquency. Delinquent Accounts are those that remain unpaid 48 hours after activation or renewal date. Accounts that are delinquent are put on accounting hold and may not be used and will be subject to suspension and late fee's which are 15% of the original amount. After 30 days, OSHS Ltd may, in its sole discretion, cancel the Account without any further compensation to the Account Holder. Data Republic reserves the right to pursue the customer through legal avenues for non-payment.
9. Cancellation. In cases where delinquent Accounts are put on accounting hold for a maximum of 60 days, the Account shall be deactivated permanently. In cases where OSHS Ltd makes an exception for cancellations, which are mid-term, a non-refundable fee of £100, will be charged to the Account Holder.
10. Notice and Agreement. The Account Holder agrees to abide by the following provisions of this service contract and may have to agree to additional provisions from OSHS Ltd covering this Agreement and/or any future services added to this Agreement. OSHS Ltd reserves the right to modify any provisions of this Agreement at any time with 72 hours notice to the Account Holder. Notice may be given in the form of an announcement on the Web site www.datarepublic.net . If Account Holder refuses to accept any future provisions or amendments, The Account Holder will have the option to cancel service as of the renewal date. Failure to cancel service by the Account Holder will be deemed to be acceptance of any amended provisions or conditions to this Agreement. If Account Holder refuses to accept any future provisions or amendments, OSHS Ltd may, in its sole discretion, cancel the Account forthwith.
11. Content. The Virtual Hosting Internet Account and related electronic services can only be used for legal purposes under all international, federal, provincial and municipal laws. Violations of this or any other provision of this Agreement can result in a 48 hour notice to terminate service or in OSHS Ltd's sole discretion, an immediate termination of service. OSHS Ltd has the right to refuse service if content of information provided is deemed illegal, misleading, or obscene in the opinion of OSHS Ltd.OSHS Ltd will make the final determination in any dispute over unacceptable content, and Account Holder agrees to accept OSHS Ltd's decision. In any cases where the Account holder has violated the terms of this Agreement, OSHS Ltd reserves the right to deactivate or lock the Account without notice to the Account holder. OSHS Ltd will not be held responsible nor will issue any credits or refunds in such cases of deactivations due to violations of this Agreement. Account Holder agrees that OSHS Ltd is not responsible for any content on Account Web site and acknowledges that OSHS Ltd does not endorse or verify any such material. Account Holder agrees to assume full responsibility for all files associated with the Account Web site and acknowledges that Account Holder may be held legally liable for the contents of the Account Web site. OSHS Ltd reserves the right to hold the account holder accountable for any fee's,costs or service degradation incurred by OSHS Ltd by any breach of this agreement by the account holder.Account Holder will not include any content or Internet link on the site that contains, promotes or is involved in any of the following:
- a) any infringement of copyright, trademark, patent, trade secret or other intellectual property right
- b) adult content and/or pornography
- c) content that exploits children under 18 years of age
- d) hate propaganda
- e) racist, threatening, slanderous, libelous or otherwise abusive content
- f) the promotion or incitement of, or instructions for, the commission of illegal activities
- g) mail fraud, multi-level marketing schemes or any fraudulent activities
- h) content promoted through the sending of unsolicited email (spamming)
- i) sending of unsolicited email (spam) from the OSHS Ltd server, or any other server that refers to content on the OSHS Ltd server, or sending such email with a OSHS Ltd hosted Web site listed as the contact address
- j) warez, cracks, hacks, spam software & their associated utilities
- k) illegal mpeg layer two or three files (MP2 or MP3) which may be considered copyright infringement
- l) information or other material that contains a virus, corrupted data or any other harmful or damaging component.
- m) proxys public or private.
- n) IRC public or private.
12. Prices. OSHS Ltd reserves the right to increase prices at any time.
13. Passwords & Netiquette. The Account Holder agrees to follow generally accepted "Netiquette" when sending email messages or posting newsgroup messages. Account Holder is solely responsible for the security of their password. In the event that the Account holder releases the password to an unknown party or person(s) the Account holder will be held responsible for any unauthorized use of OSHS Ltd's services. This includes any damages resulting there from, until OSHS Ltd is notified by the Account holder. OSHS Ltd will not change passwords to any Account without verification of identity of the Account Holder which is satisfactory to OSHS Ltd. Verification may include written requests with signature. Account Holder agrees not to participate, either directly or indirectly, in the distribution of "SPAM", "JUNK MAIL" or unsolicited commercial messages or communications in any form either through OSHS Ltd's servers or any other server. OSHS Ltd reserves the right to terminate, without notice, all services provided to Account Holder if Account Holder participates in the distribution of any such communications.
14. Privacy Policy. OSHS Ltd will in the normal course of its business collect personal information from the Account Holder 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. OSHS Ltd will not disclose any personal information or account data to third parties without prior consent of the Account Holder unless instructed to do so by a court of law or other legal warrant/document. OSHS Ltd stores financial details for customers opting to pay via credit/debit cards, but does not store the CVV2 data.
15. Account Ownership & Dispute. In the event of any partnership breakup,divorce or other legal problems that includes the Account Holder, Account Holder understands that OSHS Ltd will remain neutral and may even lock the Account until the situation has been resolved. During this period if the Account is more than 48 hours overdue for payment, OSHS Ltd may place the Account on Accounting Hold until payment is received. Under no circumstances will OSHS Ltd be liable for any losses incurred by Account Holder during this time of determination of rightful ownership.
16. Indemnity. The Account Holder agrees not to harm OSHS Ltd, its reputation,computer systems, programming and/or other Account Holders using OSHS Ltd's services. OSHS Ltd reserves the right to select the server for the Account Holder's Web site for best performance. If Account Holder breaches this Agreement, then OSHS Ltd has the right to terminate service without any refunds of the unused portion prepaid by Account Holder. The Account Holder agrees to indemnify and hold harmless both OSHS Ltd and other Account Holders from any and all claims an/or costs (including legal costs) resulting from the Account Holder's use or abuse of their service in any manner. If at any time, Account Holder breaches any part of this contract and OSHS Ltd has to engage the services of a Solicitor, then Account Holder will pay any and all of the OSHS Ltd reasonable Solicitor fees and court costs. The Account Holder agrees to indemnify and hold OSHS Ltd harmless from and against, and to reimburse OSHS Ltd with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) of every nature whatsoever incurred by OSHS Ltd by reason of or arising out of or in connection with (i) any breach of this Agreement by the Account Holder, (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content on the Site, or (iii) illegal, libelous, slanderous, dangerous or defamatory content on the Site.
17. Usage. Account Holder understands this service is provided on dedicated servers on a shared network. This means that Account Holder's Web site/server cannot overwhelm the server/network with excessive bandwidth usage which interferes with OSHS Ltd's ability to provide service to its users. If Account Holder's Web site overwhelms the server and/or causes complaints from other Account Holders, OSHS Ltd may cancel the Account with 48 hours notice to the Account Holder.
18. Security. OSHS Ltd will deactivate Account Holder's Web site or any services for Account Holder's Web site without notice to the Account holder, if deemed by OSHS Ltd, to be hazardous or insecure to other OSHS Ltd Account Holders on the shared server (security violations). In such cases, OSHS Ltd will not be held responsible or liable for any damages to the Account Holder as a result. OSHS Ltd objective is to keep all Account Holders secure from such occurrences, which may or may not occur.
19. Assignment, License and Transfer. The Account Holder's right and privileges cannot be sold or transferred without the written consent and approval from OSHS Ltd. OSHS Ltd may assign, license or transfer its responsibilities and duties under this Agreement.
20. Address Changes. Any and all changes (address, email address, phone number, billing contacts, etc) associated with the Account Holder must be updated within OSHS Ltd's Client Area via User update,postal mail or fax within 7 (seven) days of such change. Phone or email notifications will not be accepted. OSHS Ltd will not be held responsible in the event that the Account Holder's Account is deactivated, or locked because the Account Holder failed to notify OSHS Ltd of any of these changes in their billing contact information.
21. Notice to Officials. If OSHS Ltd determines that law enforcement officials should be notified regarding potentially illegal content on the Account Web site, the Account Holder agrees that OSHS Ltd may provide copies of the Account Holder's Web site to the appropriate officials without notice to the Account Holder. Account Holder agrees that OSHS Ltd does not have a duty of confidence or non-disclosure to the Account Holder in respect of the content of Account Holder's Web site. OSHS Ltd may cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
22. Limitations of Liability. OSHS Ltd is not responsible for any failures, delays or interruptions in the delivery of any content or services contained on the OSHS Ltd server; or losses or damages arising from the use of the content or services provided by OSHS Ltd, and for greater certainty and without limitation to the generality of the foregoing: a) OSHS Ltd liability to the Account Holder for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the fees paid by the Account Holder to OSHS Ltd, for the prior 3 or 12 months (whichever is appropriate); b) in no event will OSHS Ltd be liable to the Account Holder for any indirect, incidental or consequential damages arising out of the service or in connection with the Account Web site or any other services or products provided to or by the Account Holder; c) OSHS Ltd, its officers, directors, owners, agents and employees, shall in no way be liable to the Account Holder or anyone else for any loss or injury resulting from use of the service or the Account Holder's Web site; d) In no event shall OSHS Ltd be liable for any damages, whatsoever, as a result of the notifying any official of potentially illegal content on the Site, providing copies of the Account Holder's Web site to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct; e) In no event shall OSHS Ltd be liable for any damages, whatsoever, as a result of the termination of this Agreement.
23. Consent to Breach Not Waiver. No term or provision of this Agreement is deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party claiming to have waived or consented. Any consent by any party to, or waiver of , a breach by the other, whether expressed or implied, does not constitute a consent to , waiver of , or excuse for, any other different or subsequent breach.
24. Governing Law. This Agreement is governed by and construed in accordance with the applicable laws of England and is treated in all respects as English contract.
25. Severability. If any provision of this Agreement is held to be valid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect.
26. Entire Agreement. This Agreement, together with all policies, guidelines and amendments set out, from time to time, by OSHS Ltd anywhere on the Web site www.datarepublic.net constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written.
27. Survival. Any terms and conditions of this Agreement, which by their nature extend beyond the term or expiry of this Agreement, shall survive the termination or expiry of this Agreement. This includes, without limitation, the representations and warranties, limitations of liability, indemnity, and this survival provision.
28. Headings. The headings and captions used in this Agreement are inserted only as a matter of convenience and for reference and in no way are to be construed as defining, limiting, or describing the scope or intent of this Agreement.
29. Remedies Cumulative. Unless otherwise set out in this Agreement the rights and remedies granted to each party under this Agreement are cumulative and are in addition to each party's rights provided by law or otherwise. Each party may exercise its rights concurrently or separately. The exercise of one remedy is not deemed an exclusive election of that remedy nor does it preclude the exercise of any other remedy.
30. Counterparts or Electronic Acceptance. This Agreement may be executed in counterparts, each of which is deemed to be an original and all of which together are deemed to be one and the same instrument, or may be executed by indicating consent through electronic means.
31. Right to Refuse Service. OSHS Ltd reserves the right to refuse services to any Account Holder. In the event that an Account Holder does not abide by the provisions set out in this Agreement or if the OSHS Ltd deems the Account holder to be a hindrance to OSHS Ltd, the Account holder will be blacklisted and OSHS Ltd will not provide any services to the Account Holder in the future. In such an event, OSHS Ltd will give the Account holder until the end of their current billing period to find another provider for their web hosting needs.
32. When purchasing .uk domains you also agree to the terms and conditions laid out here.