Thank you for reading Canterbury Website Design & SEO Ltd’s General Terms & Conditions and Acceptable Use Policy (AUP).
By accessing this website, or by contracting with us for service, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this service/website.
The purpose of this AUP is to comply with the relevant laws of the Republic; to specify to customers and users of our service/website what activities and online behaviour are considered an unacceptable use of the service/website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities.
This document contains a number of legal obligations which you are presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to in**@ca*********************.uk
Canterbury Website Design & SEO Ltd respects the rights of our customers and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our network.
Canterbury Website Design & SEO Ltd’s services/website may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the United Kingdom.
1. Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.
2. Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
3. Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover Canterbury Website Design & SEO Ltd cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by Canterbury Website Design & SEO Ltd’s network, or otherwise available through access to our network, whether for commercial or noncommercial purposes.
4. Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.
5. Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with Canterbury Website Design & SEO Ltd on behalf of another subscriber without their consent.
6. Any violation of the exchange control laws of the Republic.
7. Any activity that results in the sale, transmission or distribution of pirated or illegal software.
8. Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal. Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, Canterbury Website Design & SEO Ltd will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using Canterbury Website Design & SEO Ltd’s resources, including the provisioning of all personal identifiable data.
The following sections outline activities that are considered an unacceptable use of Company’s services/network/website and also detail the guidelines for acceptable use of certain facilities/services, as the case may be.
Threats to Network Security
Any activity which threatens the functioning, security and/or integrity of Canterbury Website Design & SEO Ltd’s network is unacceptable.
1. Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by Canterbury Website Design & SEO Ltd for this goal;
2. Any effort to use Canterbury Website Design & SEO Ltd’s equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”);
3. Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;
4. Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person;
5. Any activity which threatens to disrupt the service offered by Canterbury Website Design & SEO Ltd through “denial of service attacks”, flooding of a network, or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks;
6. Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus; Trojan horse; worm, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component.
7. Any unauthorised monitoring of data or traffic on the network without Canterbury Website Design & SEO Ltd’s explicit, written consent.
8. Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.
Public Space and Third Party Content and sites
In reading this AUP or in signing a service contract with Canterbury Website Design & SEO Ltd, you acknowledge that Canterbury Website Design & SEO Ltd has no power to control the content of the information passing over the Internet and its applications, including e-mail; chatrooms; news groups; or other similar fora, and that Canterbury Website Design & SEO Ltd cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
Our services also offer access to numerous third party webpages. You acknowledge that we exercise absolutely no control over such third party content, or sites and in such cases, our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third party content contained on or accessible through the Canterbury Website Design & SEO Ltd network websites and web pages or sites displayed as search results or contained within a directory of links on the Canterbury Website Design & SEO Ltd network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.
Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk.
Canterbury Website Design & SEO Ltd employees do not moderate any of these services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.
The customer is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it.
The customer must comply with these guidelines at all times which can be obtained from other users of the newsgroup upon request, or from the group’s administrators/moderators.
The following are prohibited practices with regard to Usenet newsgroups and Canterbury Website Design & SEO Ltd reserves the right to delete and/or cancel posts which violate the following conditions:
1. Excessive cross-posting of the same article to multiple newsgroups.
2. Posting of irrelevant or off-topic material to newsgroups (also known as USENET spam).
3. Posting binaries to a non-binary newsgroup.
4. Posting adverts, solicitations, or any other commercial messages unless the guidelines of the newsgroup in question explicitly permit them.
Canterbury Website Design & SEO Ltd does not monitor nor control the content that is available or unavailable via newsgroup and/or usenet services. The services offered by Canterbury Website Design & SEO Ltd in respect to usenet services is merely a convenience to Canterbury Website Design & SEO Ltd customers to make the use of the service more convenient. Canterbury Website Design & SEO Ltd accepts no liability and has no control over the content that may or may not be available, including, but not limited to, pornography, illegally obtained movies, applications and music.
Unsolicited, Spam and Junk mail
Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. Canterbury Website Design & SEO Ltd will take swift and firm action against any user engaging in any of the following unacceptable practices:
1. Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;
2. Operating or maintaining mailing lists without the express permission of all recipients listed;
3. Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients;
4. Using Canterbury Website Design & SEO Ltd’s service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider;
5. Including Canterbury Website Design & SEO Ltd’s name in the header or by listing an IP address that belongs to Canterbury Website Design & SEO Ltd in any unsolicited email sent through Canterbury Website Design & SEO Ltd’s network or not;
Canterbury Website Design & SEO Ltd provides a spam and virus filtering system to protect customers from unsolicited mail and viruses. The customer acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the customer. The customer acknowledges and agrees that Canterbury Website Design & SEO Ltd shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
Webmail and other web based email services made available by Canterbury Website Design & SEO Ltd are provided on an “as is” basis without representations, warranties or conditions of any kind, and the customer acknowledges and agrees that Canterbury Website Design & SEO Ltd shall have no responsibility for, or liability in respect of, any aspect of the Webmail services, including without limitation for any lost or damaged data or any acts or omissions of Canterbury Website Design & SEO Ltd. As webmail storage space is limited, some Webmail messages may not be processed due to space constraints or message limitations.
Webmail is provided to individuals and for personal use only. Any unauthorised commercial use of the Webmail service, or resale of the Webmail service is expressly prohibited.
Once a website we have created has gone live and/or admin access has been supplied to the client (for WordPress, Joomla & other CMS sites) or FTP access, Canterbury Website Design & SEO Ltd absolves itself of all & any repsonsibility regarding the correct ongoing functioning of the website (other than hosting accessibility if hosted by us).
The client, by gaining admin access to the backend accepts that all initial website work contracted has been completed and takes full responsibility from that point onwards. Should a problem occur after this handover point, any troubleshooting or other issues that are required to be investigated and fixed, will be billable to the client at our regular web development rates per hour.
This includes updates to CMS platforms (eg: WordPress), as well as any plugins that were used in the development of the site to create the client’s required functionality. Any updates & fixes required for security reasons or ongoing functionality that occur 90 days after going live, will be for the client’s account. Clients are advised NOT to update plugins themselves as these can lead to breaking elements of the code, and in turn, the site itself.
In the event of hacking of an an old, outdated website, there will be a per occasion backup & reinstatement fee commensurate with the size of the website to be reinstated, starting at £395+VAT. Clients are strongly advised to ensure their websites are kept current and have built in security software which is maintained monthly. In this instance, recovery will be done free of charge. Alternatively, to purchase and install and SSL certificate to secure the site.
All requests for assistance need to be emailed to in**@Ca*********************.uk detailing exactly what the issue is or what changes/additions are required. A quote will then be supplied based on the estimated timeframe, which the client will need to approve in writing before any work is undertaken. No telephonic support will be undertaken at any time. Once changes have been undertaken, the client has 5 working days to revert with any issues to said changes. Thereafter, additional changes will be billable.
Should you decide to move your website from being hosted on our servers, the following fees apply:
– Outbound domain transfer fee: £29+VAT
– Backup & supply of website: £60+VAT
Details will only be supplied once full outstanding payment has been settled,
The Canterbury Website Design & SEO Ltd Hosting environment is offered without uptime guarantees, unless specifically stated. Local Hosting refers to the physical location, and not the IP traffic and/or network routing. This means that the hosting servers are physically located within the boundaries of South Africa.
Neither Canterbury Website Design & SEO Ltd, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Canterbury Website Design & SEO Ltd’ Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Canterbury Website Design & SEO Ltd Server service, unless otherwise expressly stated in this Agreement.
Canterbury Website Design & SEO Ltd expressly limits its damages to the Client for any non-accessibility time or other down time during the system unavailability. Canterbury Website Design & SEO Ltd specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Canterbury Website Design & SEO Ltd is not responsible if an external company network and firewall is setup to block access to services Canterbury Website Design & SEO Ltd provides. If a client’s network is setup to block certain ports or web addresses that compromise the services Canterbury Website Design & SEO Ltd provides it is the client’s responsibility to ensure that their network configurations are changed as necessary. Canterbury Website Design & SEO Ltd endeavours to keep a 4 day backup of the domain, the backup is of the last 4 days content only. It is advised that an off-site back up is kept up to date by the client as the Canterbury Website Design & SEO Ltd backup cannot be guaranteed.
It is the client’s responsibility to ensure that their website is maintained and secure, unless they are subscribing to one of our maintenance and/or security packages which are additional services, billed monthly.
Canterbury Website Design & SEO Ltd may at times, revise or amend its current Unlimited Web Traffic offerings relating to traffic allocations and disk sizes.
Client Call-outs/Desktop Support
We do not undertake callouts to client premises. Further, we do not provide desktop support for the setting up and/or troubleshooting of mail accounts.
Protection of Minors
Canterbury Website Design & SEO Ltd prohibits customers from using Canterbury Website Design & SEO Ltd’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography.
Privacy and Confidentiality
Canterbury Website Design & SEO Ltd respects the privacy and confidentiality of our customers and users of our service.
Customers are responsible for any misuse of Company’s services that occurs through the customer’s account. It is the customer’s responsibility to ensure that unauthorised persons do not gain access to or misuse Canterbury Website Design & SEO Ltd’s service.
Canterbury Website Design & SEO Ltd urges customers not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the customer and Canterbury Website Design & SEO Ltd cannot be held liable for the Customer being placed on any bulk mailing lists as a result.
Where the customer has authorised a minor to use any of the Canterbury Website Design & SEO Ltd’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.
Canterbury Website Design & SEO Ltd cannot be held liable for any business dealings you have with any third parties on the Internet, including any vendors, or advertisers found on, or through, the Canterbury Website Design & SEO Ltd network. Further, Canterbury Website Design & SEO Ltd assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the customer’s.
Payment Terms & Conditions
The amounts payable by the Customer are as set out in the Service Agreement.
The amounts payable are exclusive/inclusive of Value-Added Tax as stated on the agreement.
Save for the initial payment, and subject to the Service Agreement, all monthly amounts payable by Customer must be paid monthly in advance on or before the first day of the month for which payment is due, and all other amounts payable must be paid within 30 (thirty) days of the date of the invoice.
All payments must be made in British Pounds Sterling, free of exchange or deduction, by debit order unless otherwise agreed in writing.
If the Customer fails to make any payment on the due date, Canterbury Website Design & SEO Ltd may, without prejudice to any of its other rights, suspend the performance of its obligations in terms of the Service Agreement.
Canterbury Website Design & SEO Ltd may adjust the amounts payable by the Customer in terms of this Agreement to reflect any increase in the cost to Canterbury Website Design & SEO Ltd in providing the Services which is due to any factor, including those beyond the control of Canterbury Website Design & SEO Ltd, including without limitation, foreign exchange fluctuations, increased costs of third party services, alteration of duties, surcharges, taxes, rates or levies, increased costs of labour, materials or manufacture, changes in delivery dates, quantities or specifications which are required by the Customer or delay caused by any instruction of the Customer.
The Customer may not withhold payment of any amount payable in terms of the Service Agreement to satisfy any claim against Canterbury Website Design & SEO Ltd arising from this or any other agreement, and may not offset any amount payable in terms of the Service Agreement against any amount owing to it by Canterbury Website Design & SEO Ltd in terms of this or any other Agreement.
Clients taking advantage of our website bundles which include hosting & email account(s) are liable for the full amount of the bundle whether or not they choose to avail themselves of the email accounts included in their bundle of choice. Furthermore, the website will only belong to the customer once the initial amortisation period (usually 24 months) is complete.
Website Bundle Payment Terms:
Clients availing themselves of the website bundle (which includes amortisation of the website) will need to comply with the following:
a) The site must be hosted by us
b) The monthly fee must be paid by direct debit
c) The domain must be administered by us
Should you break the terms of our website bundle contract by non-payment, cancellation of your direct debit, abusive behaviour or any other of our terms and conditions, we reserve the right to call in the full outstanding amount of the contract itself and cancel your service with us. Please note that emails are free in the initial bundle contract and hosting is heavily discounted (only £10+VAT of the total amount of your contract is not website amortisation cost).
Bounced Direct Debits
We understand that unforeseen circumstances can sometimes lead to payment issues, but it’s essential for us to maintain operational efficiency and financial stability.
When a direct debit payment is returned due to insufficient funds, it incurs additional costs to us. These costs stem from charges levied by the bank, the direct debit company, and the unanticipated time invested by our administrative department to rectify the situation.
As a result, in order to cover these incurred expenses, an administrative charge of £20+VAT will be applied for each occasion of a bounced direct debit.
Should your direct debit bounce on the agreed day it will be paid, you will be required to pay both the full outstanding amount, as well as the bounced direct debit fee via BACS within 48 hours of notification. Failure to do so, will result in your services being suspended.
We acknowledge the importance of transparent communication and fair practices in maintaining a positive client relationship. Therefore, we commit to notifying affected clients promptly about any bounced direct debit instances and the associated administrative charge. This will allow for a clear understanding of the situation and the steps taken to rectify it.
Clients are encouraged to ensure that their accounts have sufficient funds to cover scheduled direct debit payments. In cases where unavoidable circumstances arise, we urge clients to get in touch with us as soon as possible to discuss potential solutions and avoid any disruptions to services.
By engaging in a direct debit agreement with Canterbury Website Design & SEO Ltd, clients agree to abide by these terms and conditions related to bounced direct debits. We appreciate your understanding and cooperation in adhering to these guidelines, as they enable us to provide you with the best possible service and maintain a smooth financial process for all parties involved.
For those clients who are either out of contract or on a month-to-month contract, we require 1 full calendar month’s notice should you wish to cancel your service with us. Customers who are in a fixed term contract will be liable for the balance of payment of the contract should they wish to cancel before the end of the contracted period. Should a client who is in contract attempt to move their services (including their domain) away from us without having finalised the balance of payment for the contractual period, this will be seen as a breach of contract and matters will be handed over for legal action, the costs of which will be for the client’s account. All cancellations need to be undertaken using this form: https://canterburywebsitedesign.co.uk/cancellations/
Complaints and procedures
It is the customer’s responsibility to familiarise himself or herself with the procedure set out below and report any cases of violation of this AUP to Canterbury Website Design & SEO Ltd’s designated complaints handling agent. Please note that Canterbury Website Design & SEO Ltd cannot handle complaints concerning networks or users that do not have service contracts with us or our affiliates, or are outside of our control. In order for Canterbury Website Design & SEO Ltd to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, via e-mail to in**@ca*********************.uk and contain as much information as possible, including, but not limited to:
– The origin of abuse or offence, including the website, full mail headers, relevant logfile extracts etc;
– Any contact details for the source of the complaint;
– A brief explanation why the incident is considered to be an offence.
Canterbury Website Design & SEO Ltd discourages anonymous complaints being made via this service, and urges complainants to supply their name and contact details to us. Such information will not be released, except where required by law enforcement. Anonymous complaints will however be acted upon as long as sufficient detail as outlined above is supplied.
Action following breach of the AUP
Upon receipt of a complaint, or having become aware of an incident, Canterbury Website Design & SEO Ltd may take any of the following steps:
In the case of a network, inform the user’s network administrator of the incident and request the network administrator or network owner to deal address the incident in terms of this AUP and the ISPA Code of Conduct;
In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means;
In the case of individual users, warn the user; suspend the user’s account and/or revoke or cancel the user’s network access privileges completely;
In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
Institute civil or criminal proceedings;
Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies.
Rude and Abusive Behaviour
We expect all users to communicate with our staff respectfully and courteously, whether telephonically or via email. Rude, abusive, threatening, or offensive behaviour will not be tolerated.
Consequences for such behaviour may include warnings, temporary or permanent account suspension, and, in severe cases, legal action.
Should you be enjoying the benefits of one of our cashflow friendly website amortisation bundles and display rude and disrespectful behaviour to any of our team, we reserve the right to call in the full outstanding amount of the website itself, plus one month’s hosting notice and cancel your service with us.
Users who believe they have been subjected to such behaviour by our staff should report it to our customer support team, who will conduct an investigation and take appropriate action. We are committed to maintaining a safe and respectful online environment for all users, and your cooperation in adhering to these guidelines is appreciated. This policy is subject to amendment as needed to ensure its effectiveness and alignment with our values.
Reservation and Non Waiver of Rights
Canterbury Website Design & SEO Ltd reserves the right to amend or alter this policy at any time, and without notice to you.
Canterbury Website Design & SEO Ltd reserves the right to take action against any individuals, companies or organisations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.
Canterbury Website Design & SEO Ltd reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.
Canterbury Website Design & SEO Ltd reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.
Canterbury Website Design & SEO Ltd reserves the right to suspend, revoke or cancel Canterbury Website Design & SEO Ltd’s services to the customer/user if the safety and integrity of Canterbury Website Design & SEO Ltd’s resources are placed at risk in continuing to provide service to the subscriber/user.
Canterbury Website Design & SEO Ltd reserves the right to remove any information or materials in whole or in part, that, in Canterbury Website Design & SEO Ltd’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.
Canterbury Website Design & SEO Ltd does not undertake to guarantee the security of any data passing through its networks. Although Canterbury Website Design & SEO Ltd will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and Canterbury Website Design & SEO Ltd cannot be held liable for any loss or damage arising as result of the failure to do so.
Canterbury Website Design & SEO Ltd does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Canterbury Website Design & SEO Ltd fail, neglect or elect not to enforce a breach of the AUP at any time.