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Est. in Cumbria 2012 Human ideas. Intelligent momentum.

Terms

Hosting terms

MUV is a trading name of Make Us Visible Limited. MUV (“we”, “us”) provides hosting and email, domain registration and server hosting services together with such other services as are agreed between it and the customer (“the Services”).

1. Conditions

By subscribing to any of the Services and opening an account with us (“the Account”) you (“the Customer”) agree to be bound by these terms and conditions. These terms and conditions apply to all MUV accounts. They set out the basis on which MUV offer our services and should be read carefully.

2. Services

2.1 MUV will use reasonable efforts to supply a continuous service. However, MUV is not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the customer. MUV is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.

2.2 You agree that MUV is not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise. MUV is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of UK or other applicable law.

2.3 MUV’s customers are liable for all charges levied by their telephone service provider arising from the Customer’s use of the Services.

2.4 From time to time MUV or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting parts of it down. MUV will give as much notice as possible and shall try to keep this work to the period specified in the notice. MUV accepts no liability whatsoever arising from such a suspension of the service.

2.5 The Customer agrees that it will not re-sell, sub-lease, reassign or transfer any part of the Services.

2.6 YOU acknowledge and agree that details of YOUR name, address, telephone and fax numbers together with email address(es) and assigned IP Addresses may be released to the RIPE NCC to ensure that both WE and YOU fulfil their obligations under prevailing RIPE policies and that such data may be published in whole or in part in the RIPE WHOIS database.

2.7 License costs of all third party applications and software offered with our plans are subject to change without written intimation.

3. Banned Content

3.1 Customers must use the Services provided for lawful, authorised purposes only. Transmission, storage, or presentation of any information, data or material in violation of any British law is prohibited. The list of banned content includes, but is not limited to:

3.2 We are under no obligation to edit, review or modify the contents of your website. However, we reserve the right to remove any content without notice. For the avoidance of doubt we do not pro-actively monitor messages that you may post on our managed sites, but we reserve the right to remove such message at our sole discretion.

3.3 Any Customer found to be using the Services for any of the purposes contained in Clause 3.1 may have their Account terminated without notice.

3.4 The Customer agrees to fully and effectively indemnify MUV against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by MUV in consequence of the Customers breech or non-observance of this Clause 3.

3.5 The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against MUV arising from breach or breaches of this Clause 3. MUV may in its absolute discretion defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide MUV with the assistance necessary to defend such claims, at the Customer’s sole expense.

4. Domains

4.1 We register domains through a partner company. We do not place your details on the whois output of the domain due to legal reasons however if you commit any sort of illegal activity we reserve full right to provide the appropriate personnel with your details. If you wish to have your details displayed upon the whois output please contact us and we will be glad to assist you.

5. Adult Content

We allow websites with legal adult content only. We do not allow pornographic or sexually-explicit images of children or any pictures/video which are obtained illegally to host on our servers.

6. Size limitations

You agree and understand that the maximum size of a single MS SQL database will not exceed 400 MB irrespective of the web space allocated to the hosting account and that the size of each mailbox will be limited to 400 MB on all our hosting services.

7. Server / Resource / Staff Abuse

7.1 You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited and that we take no responsibility for the use of our clients’ accounts.

7.2 If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.

7.3 If you operate any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites, we reserve the right to impose new terms on you in exchange for the current terms that you enjoy (i.e. an upgrade). You are allowed to use up to 25% of total resources available on a shared server and if your account continues to use more than 25% of the resources, it will result in suspension.

7.4 Denial of Service (DOS) attacks directed at MUV, or any attempts to launch a DOS attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of your Account.

7.5 MUV reserves the right to disable/delete any feature or application provided on shared hosting service without notification if that feature/application is found to be detrimental and/or is hampering the web servers’ overall health and performance.

7.6 If you are in any way disrespectful towards any member of the MUV staff we have full right to terminate your account with us without any refund.

8. Bandwidth

If your account exceeds the bandwidth limit, we will inform you. If you do not wish to purchase extra bandwidth or upgrade your Account and continue to exceed the limit, the Account shall be suspended until you demonstrate to us that you have taken measures to ensure that the limit won’t be exceeded again or upgrade your account, whichever is earlier. The Account will be reactivated in the following month.

9. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)

9.1 You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. MUV would be the sole arbiter as to what constitutes a violation of this Clause.

9.2 You agree and understand that we have set a limit of 500 outgoing emails per hour to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists.

10. Management

MUV Limited hold no responsibility for managing or maintaining the content on client websites. This includes text, images and / or updates to website software. Any requests made in this regard will only be actioned on a paid basis.

11. Backups

11.1 MUV will use reasonable efforts to protect and backup data for clients on a regular basis, however, MUV does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, you are solely responsible for making back-up files in connection with your use of the Services.

11.2 You agree and understand that any back-up which MUV may carry out will not include any media files. These include (but are not limited to) mp3, mpeg, wmv or any other video/audio files.

12. Billing

12.1 If paying by a cheque, please allow 5 working days for the cheque to clear with us. If paying via BACS bank transfer, please ensure you notify us via email when payment is made.

12.2 Invoices are generated 30 or 14 days before the official due date, depending on your account level. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 5 days after the official due date. If no attempt is made within the next 10 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held. In total 15 days from the official due date will pass before we permanently terminate your account.

12.3 For renewable services (e.g. website hosting and SSL certificates), invoices will be sent at the time of renewal. If service is no longer required, we will require notification within 5 working days, as these services have third party costs payable by us.

13. Security and Viruses

13.1 You are responsible for any misuse of your Account and you must take steps to ensure that others do not gain unauthorized access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorised access to another network or server.

13.2 Your password provides access to your Account. It is your responsibility to keep your password secure.

13.3 Sharing your password and account access with unauthorized users is strictly prohibited. You must take care and prevent others from using your Account since you will be responsible for the consequences.

13.4 Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.

13.5 You must adopt adequate security measures to prevent or minimize unauthorised use of your Account.

13.6 You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

13.7 You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.

13.8 You agree and understand that users who violate systems or network security may incur criminal or civil liability. MUV will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

13.9 You agree to complete your own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the services

14. Control Panel Support

14.1 Should you require access to your server, we provide FTP access. Databases can also be accessed on request, although we may ask you to sign a confirmation letter.

15. Cancellations & Refunds

15.1 MUV reserves the right to suspend OR terminate services on receipt of abuse complaints.

15.2 An unconditional 30 day money back guarantee is provided on managed shared hosting, reseller hosting and VPS solutions. Domain registration fees & dedicated server packages do not come under the purview of this guarantee. Refund requests after 30 days will be refunded on a prorated basis of any unused time.

15.3 Only first-time accounts are eligible for a refund. If you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

15.4 There will be no refund for new domain registrations, ID Protect, WHM/CPanel, Plesk VPS & Dedicated Server License, Virtuozzo, SSL Certificates and Site Builder as these are purchased from External Vendors & MUV does not get any refund in case of cancellation of licenses. Where these services are to be cancelled we request that a cancellation request is made via email immediately upon generation of your invoice.

15.5 Any service interruptions or downtime due to scheduled maintenance by MUV or our network providers will not count towards the uptime guarantee. MUV is not liable in any way for failure of third party services.

16. Money Back Guarantee

16.1 Dedicated servers & domain registrations are not subject to 30 day money back guarantee, or distance selling regulations. MUV reserves the right to decide whether or not to issue pro-rated refunds under such circumstances.

17. Modification of Terms of Service

MUV reserves the right to modify or change these terms of service at all times. All customers are bound by the latest terms of service published on this website.

18. Termination

8.1 We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 14 days written notice to you.

18.2 We may suspend your Account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.

18.3 We reserve the right to terminate any account where the account holder advises that they have or are about to initiate legal proceedings against MUV. Notice will be given advising the scheduled termination date, allowing clients to move to a new provider and take any backups. The previous months refund will also be refunded upon termination.

19.Effect of Termination

On termination or expiry of your Account for whatever reason you shall pay immediately all sums outstanding pending on your Account to MUV within 14 working days.

20.Limitation of liability

20.1 MUV disclaims all liabilities in connection with the following:

20.2 In no event shall MUV be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.

20.3 Nothing in this Clause 20 excludes each party’s liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.

20.4 Subject to Clause 20.3, our liability to you in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents be limited to the annual fees paid by you to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until you have provided documentary evidence to our satisfaction proving that loss has occurred.

20.5 We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.

20.6 MUV will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

21. Indemnity

The Customer agrees that it shall defend, indemnify, save and hold MUV harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against MUV, its agents, its customers, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns in connection with their use of the Services.

22. Law

22.1 This Agreement will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.

22.2 The Customer and MUV both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.

Terms of service

MUV is a trading name of Make Us Visible Limited. The terms and conditions below outline the MUV terms & conditions in relation to the design and development websites, as well as digital marketing work. It is important that you read, and understand these terms and conditions. By making payment to us, you accept you have understood these terms and conditions in full, and agree to them.

Payment Terms

For website and development work our payment terms are 50% before work begins, and 50% upon completion of the project, but prior to the work being made live. Depending on the size of project, we may on some occasions agree alternative payment terms. This arrangement will be specified on your initial invoice issued by us.

For marketing work all invoices are sent at the start of work, up-front with 14 day payment terms (unless otherwise agreed). For monthly clients invoices are generated at the start of each billing period on 14 day payment terms (unless otherwise agreed).

Payment is by Bank Transfer (BACS), or credit/debit card.

Ongoing agreements

For ongoing marketing work, we agree monthly work in the form of an inital proposal, as well as in email communication. We may divert from the initial plans, in order to improve performance and after discussions with you. We take a common sense approach to helping ongoing clients with their performance, even if this means working outside the initial agreement. We have no tie-in contract for ongoing marketing work, except where it has been specifically agreed as part of a website project. Any cancellation of service should be emailed to us prior to a monthly invoice being generated.

Completed Work

In accepting a website to be made live, you are agreeing that the work is 100% completed to your satisfaction. After the website is made live, any additional work will be done on a paid hourly basis.

Timescales & Drafts

During the design of your website, we will provide you with drafts and seek your feedback for approval. We require this approval in order to code the drafts into website code. Once drafts are approved your website will be coded like the design. If changes are requested to any design after they have been approved, you as the client understand that changes will be made on a chargeable basis.

Whilst we do our utmost to provide drafts in a timely fashion, we also require that you provide feedback within a fair timescale. We request that feedback is provided to us within 2 business days where possible. If feedback is not provided for a draft within 10 days, we reserve the right to mark the draft as approved and proceed to code it. Upon completion of the project, the website is deemed to be completed and approved, unless you the client informs us otherwise via email within 10 days of receiving a link to the development site.

It is understood that any requested features included in the design must be within the scope of the initial quote. We cannot for example code additional functionality which was not included in our initial proposal.

Content – Functionality, Text & Images

During the design of your website, we may require text or images from you, or to clarify functionality. We will always try to obtain this information from you before the site is completed. We request that the required information is provided to us within 2 business days. If the information is not provided within 10 days, we will proceed based on our own understand of the project, and any deviations will be chargeable. We will provide training at the end of the project ensuring that any dummy content can be replaced by the client.

Cancellation

Should you decide to cancel the project at any point before completion, you shall still remain liable for 100% of the quoted price. In certain circumstances MUV Limited may consider alternative arrangements if the website is less than 50% completed.

Compliance & Copyright

We design and code all our sites to our client’s specification. It is your responsibility to ensure that your website conforms to any legal regulations, either by law or specific to governing bodies in your industry. You should have permission to publish any documents or images provided to us during the design of your site, and should be aware that failure to comply with copyright laws can lead to prosecutions and fines.

We will ensure that any images we source during the design of your site are licensed to use on your website.

Completion

Our projects are deemed completed when all designs have been approved, the website has been coded, and all content (functionality, text and images) have been put in place. Where items have not been approved by the client in a fair time (see timescale & drafts), or content has not been provided in a fair time (see content – text & images), we will still consider the projected completed, and require the final balance payment.

Limitations Of Liability

Neither party shall be liable to the other, in relation to loss of business, either directly or indirectly, arising as a result of our work. Any special considerations to be given in this regard should be clearly outlined at the start of the project, and clear targets agreed upon at the start of the project. A copy of our terms of hosting can be found here.