AFLOC Computing Website Design and Hosting Terms & 

Conditions 

1. Glossary of terms 

1.1. We (or ‘Us’ or ‘Our’) - AFLOC Computing, the business providing 

the service or any party acting on behalf of AFLOC Computing 

under implicit instructions from AFLOC Computing. 

1.2. You (or ‘Your’ or ‘The Client’) - The business, organisation, 

company, individual, group or legal person purchasing, 

requesting or currently using the services provided by AFLOC 

Computing or any party acting on the customer's instructions. 

1.3. The CMS - The system running on the server which allows you to 

modify details and pages on your website. 

1.4. Server - The computer server equipment operated by us in 

connection with the provision of the Services. 

1.5. Website (or ‘Web Site’ or ‘Site’) - The area on the Server 

allocated by us to you for use by you as a site on the Internet, 

also the pages designed by us, the content generated by by the 

CMS and the CMS itself. 

In consideration of the mutual covenants herein, the parties agree to the 

following, which shall apply during the term of this agreement: 

2. Quotes, Acceptance and Request of Services 

2.1. Any quote issued to you is valid for 14 days, unless otherwise 

stated or voided by us. 

2.2. By accepting a quote, whether in writing or verbally, you agree; 

2.2.1. To pay the full amount upon completion of the service, less 

the deposit outlined in 2.2.2, providing that it had already 

been paid. 

2.2.2. To pay a non-refundable twenty (20) percent deposit before 

any work will be started by us. 

2.2.3. To all terms and conditions outlined in this document, or if 

this has been published, on this web page.

2.3. Should you decide to cancel a quote before its completion, at our 

discretion, you agree to pay the full amount of the quote, less 

the deposit outlined in 2.2.2, providing that it had already been 

paid. 

2.4. If, for some reason, we are unable to complete any service 

specifically mentioned in the quote, or offered to you in any other 

way, we cannot be held liable for damages caused either directly 

or indirectly. 

3. Website Design and Ownership 

3.1. Any information, whether in physical or data form provided by 

you to us to help create the design for your website remain your 

property and all copyrights remain yours. 

3.2. Upon completion of your website and once complete payment for 

the quote has been received, the copyright of the site design 

belongs jointly to AFLOC Computing and you and can be used by 

you for purposes relating to the content of the website only. 

3.2.1. The design cannot be used by you for any other website, nor 

can it be used for any reason other that providing stationary 

or logos for you. 

3.2.2. Although an extremely unlikely occurrence, we reserve the 

right to use any design created for you for any other client 

without requesting permission. 

3.3. All domains requested by you will be purchased by and 

registered to AFLOC Computing. 

3.4. At any point during your hosting you can request that the domain 

ownership be transferred to you providing that you have 

sufficient means to accept a domain transfer and you are entitled 

to the domain and have paid for it either directly or with a 

hosting plan. You also accept that it becomes your responsibility 

to ensure that your domain is correctly configured. 

3.5. If your hosting has expired or been terminated, domains will be 

released at the sole discretion of AFLOC Computing. 

3.6. If no request for the domain is made within ten (10) days of the 

hosting expiring or being terminated, or the domain expires 

within this period, the domain will belong solely to us and will be 

sold, used or disposed of at our discretion. 

4. Database Design and Ownership 

4.1. Any information, whether in physical or data form provided by 

you to us to help create the design for your database remain 

your property and all copyrights remain yours. 

4.2. In the case that the database was specifically created for you, 

upon completion of your database, the copyright of the design 

becomes yours, however the database cannot be resold or 

distributed in any way to any third party. 

4.2.1. The database that we create for you may be used by us or 

provided to another client, whether in whole or in part. 

4.3. In the case that the database was created by us and then 

licensed to you, you agree; 

4.3.1. To adhere to the limits of users, locations, size or any other 

constraint that mentioned at the time of purchasing. 

4.3.2. That the copyright of the database remains ours, and cannot 

be distributed in whole or in part to any third party. 

5. Web Site Hosting And Email 

5.1. We make no representation and give no warranty as to the 

accuracy or quality of information received by any person via the 

Server and we shall have no liability for any loss or damage to 

any data stored on the Server. 

5.2. You shall effect and maintain adequate insurance cover in respect 

of any loss or damage to data that you provide to be stored on 

the Server, including all text, images and other files. AFLOC 

Computing cannot be held responsible for loss or damage to any 

backups made by you or by us and cannot be held liable for any 

loss or damage to this backup. 

5.3. You represent, undertake and warrant to us that you will use the 

Website allocated to you only for lawful purposes. In particular, 

you represent, warrant and undertake to us that: 

5.3.1. You will not use the Server in any manner which infringes 

any law or regulation or which infringes the rights of any 

third party, nor will you authorise or permit any other person 

to do so. 

5.3.2. You will not post, link to or transmit: 

5.3.2.1. Any material which is unlawful, threatening, abusive, 

malicious, defamatory, obscene, blasphemous, profane 

or otherwise objectionable in any way. 

5.3.2.2. Any material containing a virus or other hostile 

computer program. 

5.3.2.3. any material which constitutes, aids, or encourages the 

commission of, a criminal offence or which infringes any 

patent, trade mark, design right, copyright or any other 

intellectual property right or similar rights of any person 

which may subsist under the laws of any jurisdiction. 

Such things may include distributing software, providing 

serial numbers or account passwords for other software 

or websites. 

5.3.3. You will not send bulk email from our network, nor will you 

promote a site hosted on our network using bulk email, 

unless all the recipients have specifically requested any and 

all such email and a link to opt-out is clearly provided in all 

emails sent. 

5.3.4. You will not employ programs which consume excessive 

system resources, including but not limited to processor 

cycles and memory. 

5.4. We reserve the right to remove any material which we deem 

inappropriate from your web site without notice. 

5.5. You shall keep secure any identification, password and other 

confidential information relating to your account and shall notify 

us immediately of any known or suspected unauthorised use of 

your account or breach of security, including loss, theft or 

unauthorised disclosure of your password or other security 

information. 

5.6. You shall observe the procedures which we may from time to 

time prescribe and shall make no use of the Server which is 

detrimental to our other customers.

5.7. You shall procure that all mail is sent in accordance with 

applicable legislation (including data protection legislation) and in 

a secure manner. 

5.8. In the case of an individual User, you warrant that you are at 

least 16 years of age and if the User is a company, you warrant 

that the Services will not be used by anyone under the age of 16 

years. 

5.9. While we will use every reasonable endeavour to ensure the 

integrity and security of the Server, we do not guarantee that the 

Server will be free from unauthorised users or hackers and we 

shall be under no liability for non-receipt or misrouting of email 

or for any other failure of email or for any loss of data that may 

arise from such attacks, or damages caused. 

6. Service Availability 

6.1. We shall use all reasonable endeavours to make available to you 

at all times the Server and the Services but we shall not, in any 

event, be liable for interruptions of Service or downtime of the 

Server or any damages, whether directly or indirectly, caused by 

such events. 

6.2. We reserve the right to suspend the Services at any time and for 

any reason, generally without notice. 

6.3. The Services provided to you and your account with us cannot be 

used by anyone other than you. No more than one log-in session 

under any one account may be used at any time by you. If you 

have multiple accounts, you are limited to one login session per 

system account at any time. If your account is found to have 

been transferred to another party, or shows other activity in 

breach of this sub clause, we shall have the right to cancel the 

account and terminate the Services and/or this Agreement 

immediately. 

7. Payment 

7.1.1. 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 via email and shall be due and 

payable in advance of our service provision. We reserve the 

right to change pricing at any time although all pricing is 

guaranteed for the period of pre payment. 

7.1.2. If no increased charge has been specified, each year all rates 

will increase on par with the inflation rates of the United 

Kingdom, and will be worked out from the first time the 

hosting was paid. 

7.1.3. Payment is due each anniversary year following the date the 

Services were established until closure notice is given. 

7.1.4. You agree to pay for any service that you have requested for 

the terms and price that you agreed to and unless your 

intention to cancel the service is made subject to 7.3, you 

agree to pay for all future terms. 

7.2. All payments must be in UK Pounds Sterling. 

7.3. Your intention to cancel the account must be made at least forty- 

five (45) days before the account is due for renewal, else you 

agree to pay for the following years hosting at the rates specified 

by us, subject to 7.1.1 and 7.1.2. 

7.4. If your cheque is returned by the bank as unpaid for any reason, 

you may be liable for a "returned cheque" charge of twenty five 

pounds (£25.00). 

7.5. 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. 

7.6. If an account goes unpaid, it will be suspended immediately at 

close of business on the final date of pre-payment. 

7.7. If an account goes unpaid for at least seven (7) days, a twenty 

pound (£20.00) late payment fee will be applied. 

7.8. Once an account has a suspended status, Access to files, 

databases and other content is explicitly denied. All files, 

databases and other content including the account itself may be 

permanently deleted after ten (10) days of account suspension. 

7.9. Once an account has been suspended or deleted, the fee for the 

service is still owed by you, subject to 7.3 and upon payment of 

the service, the account will be reactivated at our discretion. 

AFLOC Computing is no longer obliged to provide the services 

even after payment has been received. 

7.9.1. Any charges incurred by your actions or actions relating to 

your website, domain, email or any other service offered by 

us, including but not limiting to, court charges, damages, 

repairs and security inspections will be charged, without 

limit, to you. 

7.9.2. Any time taken up by your actions, or attempting to resolve 

your actions listed in 7.9.1 may be charged to you at a rate 

of forty-five pounds (£45) per hour. 

8. Termination 

8.1. If you fail to pay any sums due to us as they fall due, we may 

suspend the Services and/or terminate this Agreement forthwith 

without notice to you. 

8.2. If you break any of these terms and conditions we may suspend 

the Services and/or terminate this Agreement forthwith without 

notice to you. 

8.3. 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 suspend the Services and/or 

terminate this Agreement forthwith without notice to you. 

8.4. No refunds will be made for Services suspended in accordance 

with 8.1, 8.2 and 8.3. 

8.5. We reserve the right to suspend the Services and/or terminate 

this Agreement at any time. 

8.6. You may cancel the Services at any time, subject to 7.3. 

8.7. You are not entitled to a refund for any services already provided 

and a refund for future services may be issued at the sole 

discretion of AFLOC Computing. 

8.8. On termination of this Agreement or suspension of the Services 

we shall be entitled immediately to prevent access to your 

Website and to remove all data located on it.

9. Indemnity 

9.1. 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 and the Server including, without limitation, 

all claims, actions, proceedings, losses, liabilities, damages, 

costs, expenses (including reasonable legal costs and expenses), 

howsoever suffered or incurred by us in consequences of your 

breach or non-observance of this Agreement. 

10.Limitation Of Liability 

10.1.All conditions, terms, representations and warranties relating to 

the Services supplied under this Agreement, whether imposed by 

statute or operation of law or otherwise, that are not expressly 

stated in these terms and conditions including, without limitation, 

the implied warranty of satisfactory quality and fitness for a 

particular purpose are hereby excluded. 

10.2.Nothing in these terms and conditions shall exclude our liability 

for death or personal injury resulting from our negligence. 

10.3.Our total aggregate liability to you for any claim in contract, tort, 

negligence or otherwise arising out of or in connection with the 

provision of the Services shall be limited to the charges paid by 

you in respect of the Services which are the subject of any such 

claim. 

10.4.In any event no claim shall be brought unless you have notified 

us of the claim within one year of it arising. 

10.5.In no event shall we be liable to you for any loss of business, 

contracts, profits or anticipated savings or for any other indirect 

or consequential or economic loss whatsoever. 

11.Revisions 

11.1.AFLOC Computing reserves the right to revise, amend, or modify 

these Terms and Conditions, and any of our other policies and 

agreements at any time and in any manner. Notice of any 

revision, amendment, or modification will be posted in 

accordance with our Terms and Conditions.

12.Notices 

12.1.Any notice to be given by either party to the other may be sent 

by either email, fax or postal delivery to the address of the other 

party as appearing in this Agreement or ancillary application 

forms or such other address as such party may from time to time 

have communicated to the other in writing, and if sent by email 

shall unless the contrary is proved be deemed to be received on 

the day it was sent or if sent by fax shall be deemed to be served 

on receipt of an error free transmission report, or if sent by 

postal delivery shall be deemed to be served two days following 

the date of posting. 

13.Applicable Law 

13.1.This Agreement shall be governed by and construed in 

accordance with English law and you hereby submit to the non- 

exclusive jurisdiction of the English courts. 

14.Entire Agreement 

14.1.These terms and conditions together with any documents 

expressly referred to in them, contain the entire Agreement 

between us relating to the subject matter covered and supersede 

any previous Agreements, arrangements, undertakings or 

proposals, written or oral: between us in relation to such 

matters. No oral explanation or oral information given by any 

party shall alter the interpretation of these terms and conditions. 

In agreeing to these terms and conditions, you have not relied on 

any representation other than those expressly stated in these 

terms and conditions and you agree that you shall have no 

remedy in respect of any misrepresentation which has not been 

made expressly in this Agreement. 

AFLOC Computing Website Design and Hosting Terms & Conditions 

© 2008 AFLOC Computing. E&OE. 

Last Edited: 07/06/2008

Document Reference: 08060702