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Diamond Online (NooZu Ltd) Terms &
Conditions
TERMS AND CONDITIONS FOR USE OF THE
Diamond On-line (Part of NooZu Ltd) WEBSITE
In these Terms and
Conditions "we, our, us, Diamond On-line (NooZu Ltd) refers to "diamondon-line.co.uk".
ACCEPTANCE OF TERMS
By accessing the content of www.diamondon-line.co.uk ("the
Website") you agree to be bound by the terms and conditions set out
herein and you accept our privacy policy available at
www.diamondon-line.co.uk/privacy.htm. If you object to any of the
terms and conditions set out in this agreement you should not use
any of the products or services on the Website and leave
immediately.
You agree that you shall not use the Website for illegal
purposes, and will respect all applicable laws and regulations. You
agree not to use the website in a way that may impair the
performance, corrupt the content or otherwise reduce the overall
functionality of the Website. You also agree not to compromise the
security of the Website or attempt to gain access to secured areas
or sensitive information.
You agree to be fully responsible for any claim, expense,
liability, losses, costs including legal fees incurred by us arising
from any infringement of the terms and conditions set out in this
agreement.
Customers are responsible for making sure the information is correct on their website, Diamond Online (NooZu Ltd) will not accept any responsibility for information not correctly displayed.
MODIFICATION
Diamond On-line reserve the right to change any part of this
agreement without notice and your use of the Website will be deemed
as acceptance of this agreement. We advise users to regularly check
the Terms and Conditions of this agreement. Diamond On-line have
complete discretion to modify or remove any part of this site
without warning or liability arising from such action.
LIMITATION OF LIABILITY
Diamond On-line will under no circumstance be liable for
indirect, special, or consequential damages including any loss of
business, revenue, profits, or data in relation to your use of the
Website.
Nothing within this Agreement will operate to exclude any
liability for death or personal injury arising as result of the
negligence of Diamond On-line, it’s employees or agents.
COPYRIGHT All intellectual property of Diamond On-line
such as trademarks, trade names, patents, registered designs and any
other automatic intellectual property rights derived from the
aesthetics or functionality of the Website remain the property of
Diamond On-line.
By using the Website you agree to respect the intellectual
property rights of Diamond On-line and will refrain from copying,
downloading, transmitting, reproducing, printing, or exploiting for
commercial purpose any material contained within the Website.
DISCLAIMERS
The information is provided on the understanding that the website
is not engaged in rendering advice and should not be wholly relied
upon when making any related decision.
The information contained with the Website is provided on an "as
is" basis with no warranties expressed or otherwise implied relating
to the accuracy, fitness for purpose, compatibility or security of
any components of the Website.
We do not guarantee uninterrupted availability of the Diamond
On-line Website and cannot provide any representation that using the
Website will be error free.
THIRD PARTIES
The Website may contain hyperlinks to websites operated by other
parties. We do not control such websites and we take no
responsibility for, and will not incur any liability in respect of,
their content. Our inclusion of hyperlinks to such websites does not
imply any endorsement of views, statements or information contained
in such websites. Private customers website plans may be held on our
domain(s), these sites are for customer design concept approval only
and are not intended for public release, no responsibility can be
taken for the content of such sites.
SEVERANCE
If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck out and the remaining
provisions shall remain in force.
GOVERNING LAW AND JURISDICTION
This Agreement will be governed by the laws of England and any
user of the Website hereby agrees to be bound exclusively by the
jurisdiction of English courts without reference to rules governing
choice of laws.
SUPPORT
We aim to provide continuous high quality service. If you
experience any problems with your service you should, in the first
instance, refer to the FAQ (Frequently Asked Questions) section of
the diamond on-line website. If you cannot resolve the problem with
FAQ then you should contact us at
http://support.diamondon-line.co.uk Periodically
we may suspend services for a short while for maintenance and repair
work. Information concerning any downtime will be made available on
the diamondon-line support tab. Please Note: To contact us please use our support system, we cannot guarantee to reply to emails not send via our support system.
Unlimited Use Policy
Diamond On-line offers an unlimited use policy by maintaining
large ratios of bandwidth per client. However, where a client is
found to be using server resources to such an extent that they may
jeopardise server performance for other clients, then at the
discretion of Diamond On-line, we reserve the right to impose the
High Resource User Policy for the consideration of all Diamond
On-line clients.
High Use Policy
Resources are defined as bandwidth, processor utilisation and
disk space. Diamond On-line may implement the following policy in
its sole discretion.
Abnormally high usage of resources using this service may result
in a suspension of services. This policy will only be adopted in the
case of extreme circumstances and intended to prevent misuse of the
service. In this case clients may be offered an option whereby
Diamond On-line continues supplying services under a reduced usage
criteria specified by us. Failure to comply thereafter may result in
the service being terminated.
Payment Policy
All accounts are run on a pre-pay basis. Although Diamond On-line
reserves the right to change its tariff for accounts and services at
any time, all pricing is guaranteed for the period of payment.
Payment is due every 30 or 365 days from the date the account was
established. Clients will be charged at the end of
their pre-paid period (via email/PDF invoice) unless confirmation of the wish to close has
been received in writing.
Where a credit card number on file is declined Diamond On-line
will immediately suspend the facility to use its server or purchase
service on-line until the outstanding charge is processed
successfully. Diamond On-line reserves the right to suspend other
services until the outstanding debt is cleared. Any non-payment of a
recurring invoice may be subject to a £15 administration charge. The
client is responsible for all money owed on the account from the
time it was established to the time the client cancels the agreement
in writing.
A valid debit/credit card and e-mail address must be registered
to your account at all times. Failure to do so may result in
suspension of your account.
All bills and invoices relating to any Diamond On-line account
will be available on-line and can be printed off at any time. All
order confirmations, invoices and requests for information will be
sent directly to the clients registered e-mail address after the
purchase has been made.
Domain name terms of service are dealt with by the domain name
provider. Any enquiries should be directed to the relevant provider.
All payment is in UK sterling.
Personal Details
Whilst your e-mail is primarily used for billing purposes,
Diamond On-line reserve the right to e-mail you information
regarding enhancements to our services. You can unsubscribe form
marketing communications from any e-mail communication or from the
diamond On-line website.
We will not provide any of your personal information to other
companies or individuals without your permission. However, we may
need to provide your name and delivery address to third parties that
Diamond On-line may use for purposes of delivering specific services
to you. (e.g. client support)
Payment Options
Diamond On-line runs a limited number of payment options to
streamline accounting procedures and keep costs down we only accept cheques for payment.
10 day trial
For clients opening their first account the initial 10 days are
available on a trial basis. Clients will not be able to benefit if
they have previously held an account with Diamond On-line, unless
the period of absence is greater than 12 months. New clients will
not be entitled to a trial period if any account has previously been
created at the same postal address within the same 12 month period.
The 10 day trial does not apply to domain names.
The ten day trial period commences from 23.59hrs of the day
your website goes live until 23.59hrs of the ten day thereafter.
Cancellations and Refunds
Diamond On-line reserves the right to cancel the service at any
time. In this event clients will be entitled to a pro-rata refund
based on the remaining period of membership. If a client contravenes
Diamond On-line terms and conditions no refund will be issued in the
event of a cancellation.
Clients may cancel their account at any time by giving written
notice to Diamond On-line. Clients wishing to cancel their account
during the 20 day trial period will be entitled to a full refund
less any domain registration and hosting fees. But will not be
entitled to any refund for any additional services purchased.
There will be a £25.00 administration cost to move your Domain
Name away from Diamond On-line if your website is no longer with
Diamond On-line.
Fees charged on a pre pay basis are non-refundable. After the
initial trial period has expired clients are not entitled to receive
a refund unless the service is cancelled by Diamond On-line.
Domain credits cannot be refunded as they allow the purchase of
domains at discounted prices, based on an upfront commitment.
Site
produced by diamondon-line.co.uk © 2008
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