General Terms and Conditions
In these conditions
1.1 "Agreement" means any agreement made subject to these conditions which shall incorporate these Conditions;
1.2 "Company" means PJ Web Design Limited;
1.3 "Internet" means the network of computer systems to which the PJ Web Design service is connected and provides access to its users;
1.4 "Internet Address" and "Login ID" mean such sequence of alpha numeric Characters as are used from time to time by the User to identify himself to other Users of the Computers to which PJ Web Design is from time to time connecting or otherwise forwarding data to and from the Users.
1.5 "Password" means an alpha numeric characters sequence assigned and used exclusively by the User at their own risk for the purpose of securing and maintaining the exclusivity of his access to the PJ Web Design Service;
1.6 "PDN" means the Public Data Network operated by a PTO as defined by the United Kingdom Telecommunications Act 1984;
1.7 "PSTN" means the Public Switched Telephone Network operated by a PTO as defined by the United Kingdom Telecommunications Act 1984;
1.8 "PTO" means Public Telephone Operator as defined by the United Kingdom Telecommunications Act 1984;
1.9 "User" means any person or company or organisation with whom the company enters into an Agreement subject to these conditions;
1.10 "Service" means the services described in the current PJ Web Design Hosting Contract provided by the Company to the User;
1.11 "Service Commencement Date" will be the date of the first invoice;
1.14 "A Call" is defined as the connection of one or more parties via the networks or the PSTN where the ability to transmit or receive data or other information is made possible. This applies to one way traffic and includes any recorded and or automated transmissions and/or the reception of data;
1.15 "Charges" means such charge for such predetermined units of time and or volume of data together with the charges related to Value Added Services from time to time provided by the Company in each case at the rates set out or referred to in the Company's published tariffs;
1.16 "Login ID" means such sequence of alpha numeric characters as are used from to time to time by the User to identify himself to other Users of other computers to which the PJ Web Design is from time to time connected or otherwise forwarding data to and from the User.
2. Acceptance of Application
The Company reserves the right to refuse PJ Web Design services.
3. The Service
Subject to those conditions the Company will:
3.1 Allocate or permit the User to allocate himself a Login ID, Internet Address or PJ Web Design Access Code.
3.2 Connect the User to the chosen network and or service subject to availability, sector type and status;
3.3 Connection of the User's Login ID, Internet Address or PJ Web Design Access Code. shall be made as soon as possible. Any date indicated by the Company as a date for connection is an estimate only and may be liable to change. Accordingly the Company will not be responsible for any delay in connection beyond such a date.
3.4 PJ Web Design always implements payment applications by using a PCI DSS compliant third party hosted payment page or frame such that PCI DSS compliance is simplified by reducing the scope to the minimum possible number of controls.
4. Right to change Login ID, Internet Address or PJ Web Design Access Code
The Company shall have the right from time to time to change the User's Login ID, Internet Address or PJ Web Design Access Code.
5.1 Charges for the Service shall be paid by the User to the Company by cheque, cash or standing order. Online payment by credit cards can be made by requesting a login from http://clients.pjwd.net.
5.2 The Company reserves the right to vary from time to time all charges to the User at any time subject to the giving of such notice to the User as may be practicable. Price variations will not apply to the Users eligible for a special offer until the period of the special offer has expired.
5.3 Any invoices or statements which have been paid via our online payments system which were made in error will be fully refunded.
The User hereby agrees to:
6.1 Refrain from transferring copyright, pornographic, offensive or otherwise potentially damaging or harmful material to or from other Users of PJ Web Design or the PDN and other privately owned and operated services to which PJ Web Design may from time to time provide access;
6.2 Refrain from sending menacing, obscene, indecent, abusive or annoying messages (spam) whilst using PJ Web Design services;
6.3 Not divulge its password to any third party and use all reasonable endeavours to keep the same confidential and inaccessible to third parties;
6.4 Keep the Company informed of any changes to the User's address as set out in the PJ Web Design Application Form and any other information as may effect the payment of charges due.
The Company shall not be liable for any loss or damage howsoever caused:-
7.1 Economic loss (including loss of profit, business, revenue and goodwill);
7.2 Any claim made against the User by another third party;
7.3 Any development bugs/issues/glitches reported after 30 days post development. Anything reported after 30 days post development will come under the category of development work and incur a charge.
7.4 Any loss or damage to the User caused by or arising from an act or omission of the User, the Company, any PTO or Value Added Service supplier.
7.5 The Company shall be under no liability whatsoever for any interruption, loss of service or property or damage to service or property caused wholly or in part by any act of force majeur or any act beyond the companies control.
8. Changes to the Service
If any network Operator shall discontinue the provision of telecommunication services to the Company or shall alter by modification, expansion, improvement, maintenance or repair of the telecommunications services or any part thereof provided to the Company or shall disconnect the User's apparatus from the PSTN, PDN or Internet, the Company shall be entitled to discontinue, alter, modify, expand, improve, maintain, repair, suspend, disconnect or otherwise change the Service as necessary.
The Service may be suspended by the Company without notice and without prejudice to the Company's Rights on Termination under Clause 11 in the event:-
9.1 Of any failure by the User to make any payment to be made to the Company on the due date for payment;
9.2 If the User does or suffers anything to be done which jeopardises the PJ Web Design services or any network to which it is from time to time connected;
9.3 If the User is otherwise in breach of these Terms and Conditions;
9.4 No such suspension shall affect the liability of the User to pay charges and other accounts to the Company. During suspension the Company reserves the right to refuse the release of the Login ID and Internet Address
The Agreement shall remain in force from the acceptance of the PJ Web Design Application Termination can be effected as follows:
10.1 By the User. The User may terminate this Agreement by written notice to the Company;
10.2 By the Company. The Company may terminate this Agreement at any time and without notice if the User commits any breach of this Agreement including non-payment of charges;
10.3 The Company reserves the right to invalidate any Login ID and Internet Address issued to the User following the termination of this Agreement;
10.4 No refund on charges paid will be made to the User upon termination of the Agreement by either the Company or the User.
10.5 Termination of the agreement by the user must be sent in writing either by letter post or email with one months notice.
11. Rights on Termination
11.1 Termination of the Agreement shall not affect any pre-existing liability of the User or affect any right of the Company to recover damages or pursue any other remedy in respect of any breach by the User of the Agreement.
11.2 On termination of the Agreement the right to use the Login ID and Internet Address shall revert to the Company except where specific agreement has been reached in writing between the Company and the User for the transfer of the Login ID and the Internet Address and the fee or other payment required by the Company in connection with such a transfer has been paid by the User.
12. Login ID and Internet Address
The Company shall not be requested or required to release the Login ID or Internet Address and may refuse to do so until this Agreement has been lawfully brought to an end and all sums due hereunder have been received by the Company, and the User has complied with all its obligations hereunder.
13.1 Any notices under or in connection with this Agreement shall be in writing and shall be delivered by post to the relevant address given in the PJ Web Design Application form or to such address as the recipient may have notified to the other party via E-mail for that purpose.
13.2 Suspension notices for non payment of Charges will be deemed as delivered by E-mail or facsimile to the relevant number given in the PJ Web Design Application form or to such E-mail address or facsimile number as the User may have notified.
13.3 Any notice shall be duly given, if given by pre-paid first class mail, at the expiration of 48 hours after the envelope containing the same shall have been posted. In proving such service it shall be sufficient to prove that delivery was made or that the envelope containing such communication was properly addressed and posted as a pre-paid first class letter.
14. Expenses of the Company
The User shall pay to the Company all costs and expenses (so that any legal fees shall be taxed on the Indemnity Basis) incurred by the Company in enforcing any of these Conditions, or exercising any of its other rights remedies under the Agreement, including (without prejudice to the generality) all costs incurred in tracing the User in the event that legal processes cannot be enforced at the address last notified to the Company.
15. Non Waiver
The allowance of time to pay or any other indulgences by the Company in respect of payments due to it shall in no manner affect or prejudice its right to payment together with interest provided under these Conditions.
If this Agreement or any part thereof shall be adjudged for any reason to be void, unenforceable or ineffective but would be adjudged effective and enforceable if part of the wording were deleted or a provision were reduced in scope this Agreement shall continue with such notifications as may be necessary to make its provisions (or if such case its remaining provision) valid, effective and enforceable.
17. Law and Arbitration
The Agreement is governed by and shall be interpreted in accordance with Guernsey Law and the parties submit to the exclusive jurisdiction of the Guernsey Courts. This Agreement incorporates the provisions for arbitration (if any) available under any Code of Practice issued by the Network Operator under the provision of its license.
18. Clause Headings
Clause headings are for ease of reference and are not part of this Agreement and accordingly shall not affect its Conditions.
19. Other Printed or Standard Conditions
All services are provided on the foregoing Conditions which constitute the entirety of the Agreement to the exclusion of any other terms and conditions and no Agreement terms and conditions contained in any document sent by the User to the Company shall be of my affect with respect to the Agreement unless expressly accepted by a duly authorised officer of the Company in writing. The User acknowledges that the User has not relied on and shall not be entitled to rescind the Agreement or to claim damages or any other remedy on the basis of any representation, warranty, undertaking or statement which has been made by or on behalf of the Company in relation to the Service which has induced the User to enter into this Agreement with the Company.
The Company reserves the right to vary these Terms and Conditions as a result of changes required by its Insurers, operation or administration problems, new legislation, statutory instruments, Government regulations or licenses. These Conditions may not otherwise be varied or waived except by express written agreement between both parties.
21. Service Level Agreement
21.1 Service Availability
PJ Web Design undertakes to provide service availability of better than 99% of the available minutes in any one year.
21.2 Service Cover Time
Normal Working Hours: 09.00 - 17.00 Monday to Friday, excluding Public Holidays
Outside Normal Hours: 17.00 - 09.00 Monday to Friday, Saturday, Sunday and Public Holidays
Support: Is available 24 hrs/day, 365 days per year in varied levels dependent on your selected package.
21.3 Service Incidents
When the service is not available.
21.4 Service Downtime
The period of time when the service is not available.
21.5 Response Times
Within 2 hours of reporting the fault during Normal Working Hours and 6 hours Outside Normal Hours. Response Times do not count as Service Downtime when measuring Service Availability.
21.6 Fault Clearance Times
Within 4 hours during Normal Working Hours and 6 hours Outside Normal Hours. This excludes DNS faults as these can take a maximum of 48hrs to resolve, this is out of our control. Fault Clearance Times do not count as Service Downtime when measuring Service Availability.
21.7 Planned Outages
When loss of service is due to essential or routine maintenance, such downtime shall not count against the service availability figure. Planned outages will be dealt with as follows:
1. PJ Web Design shall plan and carry out all preventative maintenance, which PJ Web Design deems necessary to maintain the performance of the Service.
2. PJ Web Design shall consult with the Customer and use reasonable endeavours to take account of the Customer's reasonable requirements when planning preventative maintenance which may affect the Service and all works in respect of such preventative maintenance shall be carried out by PJ Web Design as a Planned Outage.
3. Before PJ Web Design carries out any Planned Outage PJ Web Design shall give the Customer notice of such Planned Outage as follows:
(a) where the Planned Outage is for urgent maintenance PJ Web Design shall give the Customer not less than 3 days' notice of the commencement of such Planned Outage;
(b) where the Planned Outage is for non-urgent maintenance PJ Web Design shall give the Customer not less than 28 days' notice of the commencement of such Planned Outage.
4. In the event of a Planned Outage the Customer shall afford all assistance to PJ Web Design