Terms of Use/Service

For Use Of This Service

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Red Hot Web Hosting's relationship with you in relation to this website.

The term Red Hot Web Hosting or 'us' or 'we' refers to the owner of the website The term 'you' refers to the user or viewer of our website.

The content of the pages of this website is for your general informational use only and it is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. Materials include, but are not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice which forms part of these terms and conditions. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide you further information. They do not signify endorsement of any website/s. We have no responsibility for the content of the linked website/s.

You may not create a link to this website from any another website or document without Red Hot Web Hosting's express and prior consent.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.

Our registered offices are at Wyndale House, Golf Course Road, Gwbert-on-Sea, Cardigan, Ceredigion, Wales SA43 1PR, United Kingdom.

For Website Services

This Website Services Agreement ("Agreement") is entered into between Client (“You” or “Your”) and Hitech 247 operating as www.redhotwebhosting.co.uk ("Developer") or its affiliates for the purpose of website development, website or database hosting, search engine optimisation and domain registration services (“Services”). Registered offices for Hitech 247 are at Wyndale House, Golf Course Road, Gwbert-on-Sea, Cardigan, Ceredigion, Wales SA43 1PR, United Kingdom.

By registering, purchasing or using Developer's services, Client agrees to be bound by this Agreement and represents and warrants that Client has the authority to accept the terms of this Agreement. If Client does not accept the terms of this Agreement, then he/she must not register, purchase or use Developer's Services. The relationship between Client and Developer will not at any point qualify as “Work to/for Hire”.

Section 1: Website Design and Hosting Services

Client and Developer agree that Developer is being hired to perform Website Services at a comparable level of features and layout as described online. Client and Developer further agree to the following terms:

1. Client will provide content and documents to be included on the website.
2. Client will have input on the look and structure of the website.
3. Reasonable updates to website will be completed as requested by Client.
4. Developer will provide hosting of website and troubleshooting as necessary to keep the website operating at a level of reliability, performance and professionalism consistent with commercially viable websites transacting business via the Internet.
5. Client will be allocated shared server space to be used for the sole purpose of hosting relevant content and email related to Client’s official business.

Section 2: Copyrights and Trademarks

Client represents to Developer and unconditionally guarantees that any elements of text, graphics, photos, logos, designs, code, trademarks, or other artwork furnished to Developer for inclusion on the website are owned by Client or that Client has permission and a license from the rightful owner to use each of these elements and will hold harmless, protect and defend Developer and its subcontractors, assigns, successors, solicitors and representatives from any claim, legal action, or lawsuit arising from the use of such elements furnished by the Client.

Section 3: Acceptable Use

Client agrees to maintain a level of professionalism with regard to the look, content and use of the website and Services. All content shall be directly related to the Client’s business and shall not contain any defamatory material or be used for any illegal purpose within Client’s jurisdiction. In situations where functionality is enabled on the website which allows for visitors to openly post text on the website, Client shall monitor all posts on a regular basis and edit or delete posts which are deemed inappropriate, harassing, offensive, defamatory, illegal, or which does not respect right of privacy. Developer shall have full discretion to remove any material which, in its sole discretion, is inappropriate and may, in its sole discretion, terminate Services without a refund of fees paid. Client shall not use the website or Developer’s Services to distribute unsolicited bulk emails or “spam” of any sort. Client will notify Developer immediately of any unauthorized use or breach of security occurring on it's account.

Section 4: Limitation of Liability

Except as required by law, developer will not be liable for any indirect, special, incidental, consequential or exemplary damages arising out of or in any way relating to this agreement or the use of or inability to use the product and the services, including without limitation, damages for loss of goodwill, work stoppage, lost profits, loss of data and computer failure or malfunction, even if advised of the possibility of such damages and regardless of the theory (whether based on contract, tort or otherwise) upon which such claim is based.
Developer is not responsible for any activities occurring under client’s account, including but not limited to any loss relating to any content contained on the website or loss resulting from any unauthorized use of client’s password or account. Under no circumstances shall developer’s collective liability under this agreement exceed the fees paid by the Client under this agreement.
Client agrees and understands that some or all documents, material and data stored on the web server could be lost due to mechanical issues, software issues or intentional actions of third parties and may remain unrecoverable through a normal backup process.

Section 5: Intellectual Property

1. Client agrees that Developer owns and holds all intellectual and other property rights and copyrights to the assembled work of the source code, programs, scripts, photos, layout, documents, graphics and text produced by Developer (“Developer’s Intellectual Property”). Client agrees that title, ownership, or interest in Developer’s Intellectual Property is not being transferred to Client and remains the property of Developer. Client agrees to make no claim of interest in Developer’s Intellectual Property. If Client’s account is in good standing, Client is authorized to use the website, Developer’s Intellectual Property and Services as and only as provided in this Agreement.
2. Developer agrees that Client owns and holds all intellectual and other property rights and copyrights of photos, documents, graphics, data and text produced by Client (“Client’s Intellectual Property”). Developer agrees that title, ownership, or interest in Client’s Intellectual Property is not being transferred to Developer and remains the property of Client. Developer agrees to make no claim of interest in Client’s Intellectual Property.

Section 6: Design Credit

Client agrees that Developer may place a byline, link and graphic on the bottom of Client’s web pages establishing and recognizing Developer’s services. Client further agrees that Client's website may be included in Developer's portfolio as an example of Developer’s work and services. Developer reserves the right to use Client's communications as "testimonials" in print and online mediums as authorized and agreed to separately and expressly by Client. Developer agrees that in the event Developer uses Client’s communications as a testimonial, Client's full last name will not be disclosed in such testimonials.

Section 7: Web Site Hosting And Email

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 your business or any data stored on the Server.
2. You are responsible for maintaining a current backup of your website and should take out and maintain adequate insurance to cover any loss or damage to data stored on the Server.
3. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
a) 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.
b) You will not post, link to or transmit any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way or any material containing a virus or other hostile computer program or any material which constitutes, 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.
4. You will not send bulk email whether opt-in or otherwise from our network, nor will you promote a site hosted on our network using bulk email.
5. You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
6. We reserve the right to remove any material which we deem inappropriate from your web site without notice.
7. 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.
8. 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.
9. You shall ensure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
10. 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.
11. Any access to other networks connected to www.redhotwebhosting.co.uk must comply with the rules appropriate for those other networks.
12. 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.

Section 8: Service Availability

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 down-time of the Server.
2. We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
3. The Services provided to you hereunder and your account with us cannot be transferred or 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 Client’s 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.

Section 9: Payment of Fees

1. Client will pay Developer all fees, payable in Pound Sterling or U.S. Dollars as agreed at the outset, according to the prices and terms applicable to Client’s Services, including optional services as indicated on the invoice. Developer shall retain all copyright to the website design and entire website until payment is made in full.
2. Client shall owe a £20 fee for each returned cheque or credit card charge back received. Upon notice to Client, Developer reserves the right to change the amount or basis for determining any fees or charges to Client at any time.
3. Setup and design fees along with the first instalment of recurring fees shall be due and payable prior to the initiation of the service. Renewals and other recurring fees shall be due and payable 30 days in advance of service provision. If Client is past due on any payments, Developer reserves the right to suspend Services provided to Client until payment has been received in full which may include any processing or late fees.
4. Red Hot Web Hosting will send domain renewal notices by email or post with full instructions for payment. Renewal notices will be sent approximately 30 days prior to renewal. You are advised to renew your domain names as early as possible. Failure to renew your domain name in sufficient time will result in the release of your domain name. Red Hot Web Hosting accepts no responsibility whatsoever for the non-receipt of renewal notices nor for any losses incurred as a result of the release or non-renewal of your domain name/s.
5. If payments are more than thirty (30) days past due, for any reason, Services may be terminated and website/s deleted from Developer's servers with or without notice and all the information contained within deleted permanently. Developer accepts no liability for Services, information or content that is suspended or deleted due to the non-payment of fees.
6. In the event of default due to Client’s non-payment of fees, Developer, at his discretion, shall also have other remedies available at law. If Developer incurs any costs or expenses in connection with an event of default for non-payment, including enforcing any term or condition of this Agreement, Developer shall be entitled to collect all reasonable costs of collection and/or enforcement, including but not limited to, solicitors’ fees and expenses.

Section 10: Money Back Guarantee

In the event Client is not satisfied with Services within the first thirty (30) days following signup, all fees paid minus a £25 plus VAT (at the rate applicable at the time) domain registration fee per domain, if applicable, will be refunded to Client upon written notice requesting cancellation and a refund. Upon receipt of the cancellation request, no further services will be provided to Client.

Section 11: Cancellation of Services

Developer may at his discretion cancel Services being provided to Client with thirty (30) days notice, excluding cases of a violation of this Agreement, which may result in immediate termination or cases of non-payment as indicated in Section 9. Client may cancel website services at any time. Upon cancellation of website services either by Developer or by Client, Client will not be entitled to a refund of fees paid. Any outstanding fees for services provided by Developer to Client remain due and payable. Upon the effective date of Client's cancellation request, Client's website, data, content and documents will be deleted and unrecoverable. Agreement shall remain in effect following cancellation of Services by either Developer or by Client.

Section 12: Force Majeure

Developer will make every effort to keep Client’s website operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Developer liable for any of the consequences of such interruptions.

Section 13: Nondisclosure

Developer, its owners, employees, successors, assigns, agents and subcontractors agree that, except as directed by Client or government agency, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person. Likewise, Client agrees that it will not convey any Confidential Information obtained about or from Developer to another party. For purposes of this Agreement, the term “Confidential Information” includes: all information, data, reports, text, plans, prices, source code, software, applications, images and other materials, in whatever form maintained and/or communicated, that has been or may hereafter be provided or shown between Client and Developer.

Section 14: Indemnification

Regardless of whether or not separate, several, joint or concurrent liability may be asserted against or imposed upon Developer and Client, Client agrees that it shall defend, indemnify and hold Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitors’ fees associated with the development, access and hosting of Client's website arising from Client’s actions or omissions. This includes liabilities asserted against Developer and its subcontractors, agents, solicitors, assigns, successors, clients, servants, members, owners and employees that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, including its sponsors, agents, successors, clients, solicitors, board members, employees or assigns.
Client also agrees to defend, indemnify and hold harmless Developer against liabilities arising out of any injury to person or property caused by any products or services sold, endorsed, sponsored or otherwise distributed over Client's website. This includes, but is not limited to, infringing on the proprietary rights of a third party, copyright infringement, trademark, right of publicity, intellectual property, product liability and delivering any defective product or misinformation, which is detrimental to another person, organization, entity or business.

Section 15: Limitation of Liability

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, subject always to any sub-clause herein.
2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
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.
4. In any event no claim shall be brought unless you have notified us of the claim within six months of it arising.
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.

Section 16: Warranty of Authorization

Client represents and warrants that execution of this Agreement has been duly authorized by appropriate action taken in accordance with the parties' respective articles of incorporation, by-laws and all other governing law. The parties further represent and warrant that the representatives executing this Agreement on their behalf have all necessary power and authority to execute this Agreement on their behalf.

Section 17: Severability

Registrant agrees that the terms of this Agreement are severable. If any term or provision is declared invalid by a court of law, the remaining terms, sections and provisions shall continue to be binding and in effect.

Section 18: Sole Agreement

The terms and provisions contained in this Agreement constitute the sole and entire agreement between Developer and the Client. There are no other covenants, agreements, promises, terms or provisions, written or oral, except as set forth herein. This Agreement shall be binding upon the parties hereto, their respective heirs, administrators, personal representatives, executors, successors, assigns, members and employees. Any additional work not specified in this contract must be authorized by a written change order. Developer may modify this Agreement and the available website services from time to time. You agree to be bound by any changes Developer may reasonably make to this Agreement when such changes are made.

Section 19: Notice

Any notice to be given by either party to the other may be sent by either email, fax or recorded 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 recorded delivery shall be deemed to be served two days following the date of posting.

Section 20: Governing Law

This Agreement shall be governed by and construed in accordance with the laws of England, Scotland and Wales and Client hereby submits to the non-exclusive jurisdiction of the English and Welsh courts. Any action shall be brought in a court of law nearest the Developer.

Section 21: Entire Agreement

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.