JDB Global Terms and Conditions
JDB Global ("JDBG")
JDBG provides mobile local and international website solutions development and support services. These services in include domain name management and website hosting services.
Data Backup & Security
JDBG will endeavour to keep on initial backup of each website managed by jdbg. This back will be taken once at the initial launch of the website. Although the shared hosting platform provided via JDBG will offer a regular website backups in case of server failure, JDBG will not be held responsible should these backup made by a third party fail.
Where requested, JDBG will provide a website backup link for clients wishing to manually take backups of their sites at different intervals.
In addition to JDBG’s terms and conditions, additional terms and conditions will be in place on shared hosting platforms
JDBG offer the website support during the defined working office hours of Monday to Friday 9am to 5.30pm. Support requests outside these hours, will be dealt with at the earliest convenience unless the support request means you have an ecommerce website which has stopped functioning. JDBG will then respond to your request and work on resolving the issue as quickly as possible.
During Holiday periods JDBG will offer support for critical issues only and noncritical issues will be dealt with as soon as the required staff is available.
Contractual website support
Is covered by the JDBG support agreement to the extent that the JDBG support agreement is inconsistent with or conflicts with these terms and conditions, the JDBG support agreement shall amend and supersede those inconsistent or conflicting terms. In all other respects, these terms and conditions shall remain in full force and effect.
"No Fix No Fee" Policy
If JDBG offer a resolution to an issue that has occurred, the customer will be charged for time spent researching the issue and the time required to resolve the issue. Should issue not be resolved then JDBG will not charge for work done. JDBG reserve the right to decline project work at any stage.
JDBG will at their discretion either apply late fee payment for any invoices more than 30 days overdue and put any further website service in a state of suspension until payment has been received.
JDBG accepts no liability in respect of any problem(s) it may not remedy due to any matter beyond its control including but not limited to attacks from website hackers, viruses or the customers/3rd party’s actions in altering the site in anyway.
JDBG has no liability for Customer web related data, lost or damaged on JDBG Webservers under any circumstances whatsoever
JDBG will maintain the confidentiality of the Customer's files and/or data and undertakes not to provide any Customer information to any third party unless in the event it is lawfully required to do so. JDBG reserves the right to refuse the provision of services for any reason including but not limited to circumstances such as the presence of unlicensed or illegal software or material or material of an obscene or pornographic nature on a Customer's hosting account. If for such reason JDBG terminates the services, the Customer shall be liable for and pay to JDBG, at that time, the charges incurred in respect of time spent.
Service or Goods provided by JDBG
JDBG may make recommendations to the Customer or the Customer may request that a product/ solution be provided by JDBG in order that JDBG can perform the services. All expressed or implied warranties, description, representations and conditions as to fitness or suitability for any purpose in respect of the services, including in respect of any product, including but not limited to any item of software, hardware or peripheral provided by JDBG, are expressly excluded. For the avoidance of doubt, JDBG has no liability as to the suitability for the performance of the services, of any product manufactured, sold or supplied by any third party, whether or not that product has been recommended to the Customer by JDBG. Any hardware, software or equipment provided to the Customer shall remain the property of JDBG until full payment is received.
In the event of any dissatisfaction with the service provided by JDBG, the Customer should immediately contact JDBG. If the cause of the dissatisfaction was due to a matter beyond the control of JDBG, the Customer shall pay for the additional time incurred at JDBG normal rates. If the problem arose directly as a result of JDBG coding no further charge shall be made.
WEBSITE HOSTING TERMS AND CONDITIONS
1.0 Price and payment
1.1 The price of any Services will be as quoted on our website from time to time, except in cases of obvious error. These prices exclude VAT.
1.2 Prices are liable to change at any time. We will notify you of a change in our prices at least thirty (30) days before the price increase comes into force. Any such price increase will not be effective until the Minimum Term (as defined in clause 20.3) expires. If you do not agree to such price changes, you are entitled to cancel your contract with us.
1.3 Late payments on overdue invoices will incur a financial charge plus administration fees. Any invoices unpaid after 90 days, then we will seek to recover any outstanding amounts, by taking appropriate legal action.
1.4 Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. Further, if your payment is still not authorised we may, at our discretion, suspend or terminate any Services we provide to you from time to time, even if payment in respect of such Services is not outstanding.
2.1 We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.
2.2 We will not be liable for a breach of the warranty in clause 2.1 unless:
2.1.1. you give written notice of the breach to us through our support ticket system.
2.1.2. we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you.
2.1.3. We will not be liable for a breach of the warranty in clause 2.1 if:
2.1.4. the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any); or
2.1.5. you alter the Services without our written consent; or
2.1.6. the problem arises because of misuse.
2.3 Subject to clause 2.1 and clause 2.1.3, if we are in breach of the warranty in clause 2.1 we will, at our expense, use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price. This constitutes your sole and exclusive remedy for any breach of the warranty set out in clause 2.1. Notwithstanding the foregoing, we do not warrant that your use of the Services will be uninterrupted or error-free.
2.4 We reserve the right to modify the Services without notice to you provided such modification does not adversely affect your access to, or use of, the Services or detract from the overall performance of the Services. Any change which may have such adverse effect on you or may detract from the overall performance of the Services will be notified to you at least sixty (60) days prior to the change taking effect.
2.5 You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.
3 Hosting Service levels
3.3 We will use our reasonable endeavours to make our servers available to you as part of the Hosting Service you purchase for ninety-nine point nine-nine (99.99) per cent of each calendar month. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum.
3.4 Service credits are not given for any form of downtime or service unavailability.
4 IP addresses
4.3 You will have no right, title or interest in any internet protocol address ("IP address") allocated to you, and any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.
4.4 If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.
4.5 You agree that you shall have no right, title or interest to any IP address upon expiry or termination of the Services, and that the acquisition by you of a new IP address following expiry or terminationof the Services shall be solely your responsibility.
5 Back-up of your material and our servers
5.3 It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload (or permit to be uploaded) onto our servers ("Material") as part of your use of the Hosting Services. In the event of loss of or damage to your Material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.
5.4 We will follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our servers (including your Material) from the latest back-up we maintained in accordance with our archiving procedure. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.
6 Hosting Service usage limitations
6.3 All our Hosting Service packages come with an unlimited web space allowance provided that your Material is linked into web pages;
· you do not use the Hosting Service as a backup of, or repository for, your Material;
· you maintain good housekeeping to maintain your Material; and
· you must comply with our acceptable use policy.
6.4 Unless the Hosting Service package you order includes a dedicated server, you will only be allowed to use a maximum of five (5) per cent of our server's processing capacity when using the Hosting Service package you order. At our absolute discretion, we may allow your usage to exceed this limitation, and we will speak to you about your hosting requirements if your usage has, or may have, a detrimental effect on other customers.
6.5 The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our website at the time of your order. However, any mailboxes that have not been accessed for one hundred (100) clear days will be automatically deleted from our system.
6.6 We shall be entitled to terminate the Contract, or suspend or terminate the provision of any individual Services, if you are in breach of our terms of website use or our acceptable use policy.
7 Domain Name
Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. The Price of the renewal of your domain name may vary with accordance to the domain registrar changes.
8 Intellectual property rights
You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your Material infringes, or allegedly infringes, the intellectual property rights of a third party.
9 Our liability
9.3 19.1 We do not monitor and will not have any liability for your Material or any other communication you transmit, or allow to be transmitted, by virtue of the Hosting Services.
9.4 19.2 Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider and no guarantee or representation is given that the Hosting Services will be free from hackers or unauthorised users. You shall be liable for the content of any emails transmitted by virtue of the Hosting Services, for any material you upload to, or allow to be uploaded to, our servers and for ensuring compliance at all times with all relevant legislation (including, but not limited to the Data Protection Act 1998 and all other privacy laws, regulations and guidance notes made or issued thereunder).
9.5 All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.
9.6 We do not exclude or limit in any way our liability:
· for death or personal injury caused by our negligence;
· under section 2(3) of the Consumer Protection Act 1987;
· for fraud or fraudulent misrepresentation; or
· for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
· We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:
· loss of income or revenue;
· loss of business;
· loss of profits or contracts;
· loss of anticipated savings;
· loss of goodwill;
· loss of software or data;
· wasted expenditure (such as pay per click advertising costs); or
· wasted management or office time.
9.7 19.6 Subject to clause 19.4 and clause 19.5, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed one hundred and ten (110) per cent of the price you have paid to us for the Services during the twelve (12) months preceding the event giving rise to the liability in question. Accordingly, you are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).
9.8 Where you buy any product or service from a third party seller through following a link on our website to such third party's website, the seller's individual liability will be set out in the seller's terms and conditions. You should consult such terms and conditions.
10 Duration of the Services and cancellation
10.3 The Contract relating to our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. It will continue until:
10.4 we have registered the domain name you have requested (the "Domain Name") and you subsequently ask us not to renew the registration of your Domain Name by sending us written confirmation.
10.5 we terminate the supply of our Domain Registration and Renewal Service by notice to you because:
10.6 the Domain Name is no longer available for registration;
10.7 you are in breach of any other contractual agreement you have with us
10.8 That part of the Contract relating to Services other than our Domain Registration and Renewal Service
10.9 will also commence on the date we send you our Acceptance Confirmation.
10.10 by us giving to you at least thirty (30) days advanced notice in written sent to the then current email address registered against your account. You will not receive any refund of the price you have paid for the Services you have cancelled.
10.11 The yearly price for Services we supply shall be charged/invoiced for yearly in advance.
10.12 We may terminate the Contract at any time by giving you thirty (30) days advance notice by emailing you at the email address registered against your account. If we cancel the Services, we will refund to you the price you have paid for the Services on a pro-rata basis for the unexpired Minimum Term.
10.13 Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation of these terms and conditions we may terminate the Contract by seven (7) days’ notice to you and/or, at our absolute discretion, terminate or suspend without notice any individual Services we provide to you from time to time.
10.14 Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising in any way under that Contract as at the date of expiry or termination.
11 Deletion of your data
11.3 If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.
11.4 Any suspended accounts that remain disabled for fifty (50) clear days, will immediately and permanently be deleted (and all the data hosted in relation to them) from our system.
12 Third party rights and transfer of rights and obligations
12.3 Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
12.4 The Contract is binding on you and us and on our respective successors and assigns.
12.5 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.6 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13 Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control ("Force Majeure Event").
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
13.2.1 misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
13.2.2 strikes, lock-outs or other industrial action;
13.2.3 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.4 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.5 impossibility of the use of public or private telecommunications networks; and
13.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.1 If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14 Our right to vary these terms and conditions
14.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
14.2 You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the Acceptance Confirmation).
14.3 No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.
15 Law and jurisdiction
Contracts for the purchase of Services through us will be governed by English law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between us both.