Terms & Conditions
General Conditions of Use
Kule Solutions provide use of server resources for email accounts and for hosting of web sites. Kule Solutions reserve the right to suspend, restrict or terminate any customers account where the customer is in breach of this agreement.
Use of Web Hosting Accounts
Accounts are to be used only by the purchaser / purchasing company. Account holders must not resell or give away web space or email accounts to other parties, other than the acceptance of advertisements without express written permission given from Kule Solutions. All web space and email accounts must remain in total control of the account holder.
Prohibited Use
Kule Solutions prohibits the use of its servers for:
- Illegal material, such as pirated software, commercial audio, video or music files or any other copyrighted works, for which the account holder does not have the permission of the copyright holder, or any other material in violation of UK Law
- Adult material, such as pornography, erotic images or otherwise lewd or obscene content
- Racist, defamatory, obscene, indecent or other unlawful material
- Engaging in illegal activities
Account holders will not post (nor allow to be posted) web pages containing such material or links to such material, nor shall they store such material in their server space, nor shall they transmit such material by email or any other means.
Kule Solutions reserve the right to determine whether any material or use is prohibited.
Kule Solutions reserve the right to remove any such material without warning and suspend or terminate accounts without refund or notice.
Spam (unsolicited email)
Kule Solutions prohibits spam (the sending of unsolicited bulk email). Kule Solutions will terminate any account, without refund, for which the account holder has sent unsolicited bulk emails.
Payment for Web Hosting Accounts
All web hosting accounts may be paid monthly or annually and are based on 15 day payment terms. Invoices not paid within 45 days may be suspended without notice. Invoices not paid within 60 days may be cancelled and any associated data from the account may be deleted.
Payments may be made in advance to ensure continued service.
Payments can be made via internet banking or standing order. Invoices will generally be emailed but can be posted if requested by the account holder.
Account package prices are subject to change and the account holder will be given at least 30 days notice (via email) about any changes to their account.
Data Transfer (Bandwidth) and System Resources
All web hosting accounts should remain within the agreed data transfer (bandwidth) allowance for the account. Kule Solutions accept that there are times when sites may unexpectedly exceed data transfer allowance for short period of time. Kule Solutions will not impose any penalty for such breaches of data transfer allowance providing that these breaches are small, are not frequent, and are not sustained. Kule Solutions reserve the right to determine what constitutes small, sustained or frequent breaches of data transfer allowance.
Many accounts have to share the various resources (processors, memory, etc) available on the servers. Kule Solutions believe that no single account should use excessive amounts of resources, as this may jeopardise server performance for the other accounts.
In the event that an account is deemed to be using excessive data transfer (bandwidth) or resources, Kule Solutions may suggest action to reduce bandwidth or resource use, or suggest moving the website to its own dedicated server.
Account holders may also be subject to additional costs due to excessive data transfer or resource use. These costs will be agreed between Kule Solutions and the account holder.
Cancellation, Termination and Refunds of Web Hosting Accounts
All web hosting accounts from the date of ordering. Fees are charged on a monthly pre-pay basis and are non-refundable.
Account holders may terminate their accounts simply by notifying Kule Solutions either by email or in writing. No refund will be given where customers terminate their account prior to the end of the term of the hosting account.
In the event that Kule Solutions finds an account is in breach of the prohibited uses, then that account may be terminated without notice. No refund for the remainder pre-payment will be given.
In the event that an account exceeds data transfer or resource allowances and an agreement cannot be reached between Kule Solutions and the account holder, then Kule Solutions may terminate the account. In this case, Kule Solutions may provide a refund for the remaining unused part of the payment, subject to an administration fee of £25.00.
In the event that Kule Solutions is to refund full or partial payments, refunds will be made by direct transfer to the account holders bank account (i.e. internet banking) or by cheque. All refunds will be made within 30 days of agreement to make a refund.
Backups
All sites will have the site and data backed up for the previous day, and generally at least once during the previous 30 day period. In the event of data loss Kule Solutions will endeavour to retrieve the data within 48 hours of receiving written notice of the missing data.
Recovery from a backup will incur an administration fee the cost of which will be agreed between Kule Solutions and the account holder.
The missing data may or may not be recoverable from the backups and ultimately it is the customers responsibility to ensure that they also have a local copy of any data they store on the server(s).
Liability
Kule Solutions will not be responsible for any loss or damage your business may suffer. Kule Solutions make no warranties, expressed or implied, for any services we offer.
Customers shall indemnify and hold harmless Kule Solutions from any and all demands, liabilities, losses, costs, and claims, including all legal fees, asserted against Kule Solutions and it's agents, customers, officers and employees, that may arise from any service provided or performed or agreed to be performed, or for any product sold by Kule Solutions, it's agents, customers, officers or employees.
Kule Solutions will not be responsible for any loss or damage caused by infringement of copyright or proprietary rights, supply of defective goods or services, any loss or damage (personal or business), caused by customers of Kule Solutions.
Changes and Amendments
Kule Solutions reserve the right to amend and/or change these Terms and Conditions without notice.