By placing an order with Rackpoint Ltd, you confirm that you are in agreement with and bound by the terms and conditions below.
You/The Client: The company or individual requesting the services of Rackpoint Ltd.
Rackpoint Ltd: Rackpoint Ltd is a UK registered company providing web development services (Company No: 07052315. VAT No: 306 6052 30. Registered Address: 1 Main Road, Stanton-in-the-Peaks, Derbyshire, DE4 2LX) in addition to the hosting services offered under its trading name Supersonic Servers.
Supersonic Servers: Supersonic Servers is a web hosting provider and trading name of Rackpoint Ltd (Company No: 07052315. VAT No: 306 6052 30. Registered Address: 1 Main Road, Stanton-in-the-Peaks, Derbyshire, DE4 2LX)
These Terms and Conditions supersede all previous representations, understandings or agreements. Payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
It is not necessary for any you to have signed an acceptance of these terms and conditions for them to apply. If you accept a quote or make payment for a services offered by Rackpoint Ltd then the you will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
By registering for or using services provided by Rackpoint Ltd, you represent and warrant that:
i. You are eighteen (18) years of age or older. The services provided by Rackpoint Ltd are intended solely for users who are eighteen (18) years of age or older. Any registration, use of or access to the services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
ii. If you use the services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Rackpoint Ltd is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
You agree that you will keep secure the login name and password specified on your online customer order form and not to pass that information to any unauthorised person. In the event of your login name and password being used by any unauthorised person, we accept no responsibility and you will be liable for additional charges arising therefrom.
It is your sole responsibility to make regular back-ups of your data and files used in connection with the Services. Even though we may make our own periodic back-ups for server maintenance purposes we are not responsible whatsoever for your data or files.
You agree to abide by our Acceptable Use Policy as outlined below.
As consideration for the products and/or services purchased by you and provided to you by Rackpoint Ltd, you agree to pay Rackpoint Ltd at the time of the order. You agree that all rates and prices have been clearly communicated via the website (rackpointdesign.co.uk) and at the point of purchase. All fees are due immediately and are non-refundable unless otherwise expressly noted.
Rackpoint Ltd expressly reserves the right to modify pricing through email notification and/or notice on its website.
Value added Tax where applicable will be added at the appropriate rate to the total of all charges shown on your invoice.
If you have signed up for a monthly payment plan, the monthly billing date will be determined based on the day of the month of the purchase of the products or services. If that date falls after the 28th of the month, then the billing date will be the 28th of each month. If you have signed up for an annual (or longer) payment plan, and elected the automatic renewal option, Rackpoint Ltd will automatically renew services when they come up for renewal and will take payment in accordance with the designated payment method at Rackpoint Ltd then current rates.
If for any reason Rackpoint Ltd is unable to charge your account for the full amount owed for the products and/or services provided, or if Rackpoint Ltd is charged a penalty for any fee it previously charged, you agree that Rackpoint Ltd may pursue all available remedies in order to obtain payment.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services, are the proprietary property of Rackpoint Ltd or Rackpoint Ltd’ licensors. This content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of this content. Any use of this content, other than as specifically authorized by Rackpoint Ltd, is prohibited and will automatically terminate your rights to use our services.
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through our Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through our Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Rackpoint Ltd that: (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing our Services, you hereby grant to Rackpoint Ltd a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Rackpoint Ltd does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
Rackpoint Ltd exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Rackpoint Ltd’ computers, network hubs and points of presence or the Internet. Rackpoint Ltd does not monitor User Content. However, you acknowledge and agree that Rackpoint Ltd may, but is not obligated to, immediately take any corrective action in Rackpoint Ltd’ sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Rackpoint Ltd shall have no liability due to any corrective action that Rackpoint Ltd may take.
Acceptable Use Policy
You acknowledge and agree that:
Rackpoint Ltd may purchase domain names on your behalf. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Rackpoint Ltd. Payment and renewal of domain names not purchased by, or transferred to, Rackpoint Ltd is your responsibility.
By registering a domain name ending in .uk (with some very limited exceptions), you enter into a contract of registration with Nominet UK. The contract includes conditions limiting Nominet’s liability and relating to their use of your personal information. This contract is just for the domain name and separate to any arrangement you may have with any other organisation for providing related internet services.
Charges for website design services to be provided by Rackpoint Ltd are defined in the project quotation that the client receives via e-mail. Quotations are valid for a period of 30 days. Rackpoint Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Payment for website design services can be made in two ways:
i. Direct Payment: Design services can be paid for separately via a direct payment. In this instance Rackpoint Ltd a deposit of forty (40) percent is required with any project before any design work will be carried out. All deposits are non-refundable. The remaining sixty (60) percent of the project quotation total is due upon completion of the work, prior to upload to the server or release of materials.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done.
ii. Web Design Packages: Design services can be purchased as part of our “Web Design Packages”, which include both hosting and design services as part of a monthly subscription payment. In this instance the client’s chosen Web Design Package will be billed on a monthly basis for a period of 24 months from the date of commencement. Full access to design materials, including any content produced by Rackpoint Ltd, will not be available until completion of this 2 year plan. Should the cleint wish to cancel their plan early Rackpoint Ltd retain the right to refuse access or transfer of these materials without payment of the remaining balance. Following this 2 year period the package will continue on a 1 month rolling contract.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors:
Database, Application and E-Commerce Development
Rackpoint Ltd cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
The client is expected to test fully any application or programming relating to a site developed by Rackpoint Ltd before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Rackpoint Ltd will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
A link to Rackpoint Ltd’s website will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied.
Rackpoint Ltd will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Rackpoint Ltd can offer no guarantees of correct function with all browser software.
Rackpoint Ltd may, at its discretion, invite clients to take part in its referral scheme. This invitation will be made directly to the client via email. As part of this scheme invited clients are entitled to the following compensation after referral of a new client (as identified by the new client) that purchases design services from Rackpoint Ltd:
i. Where the referred client chooses to pay for design services by direct payment, the client that made the referral will receive 10% of the cost of development services, not including VAT and payment processing fees.
ii. Where the referred client chooses to pay for design services by purchasing a Web Design Package, the client that made the referral will receive the first months value of the purchased Web Design Package, not including VAT and payment processing fees.
Compensation will be credited to the account of the client that made the referral within one month of either completion of the design services or receipt of the first month payment for a Web Design Package. Credit can either be withdrawn from the clients account, following which Rackpoint Ltd will send a payment of equal value to an account of the client’s choice, or used again future payments to Rackpoint Ltd. If unused credit will expire 1 year after being added to the client’s account.
Third Party Products and Services
Third Party Providers
Rackpoint Ltd may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Rackpoint Ltd does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Rackpoint Ltd is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
Rackpoint Ltd as Reseller or Licensor
Rackpoint Ltd may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-Rackpoint Ltd Products"). Rackpoint Ltd shall not be responsible for any changes in the Services that cause any Non-Rackpoint Ltd Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Rackpoint Ltd Products, either sold, licensed or provided by Rackpoint Ltd to you will not be deemed a breach of Rackpoint Ltd’ obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Rackpoint Ltd Product are limited to those rights extended to you by the manufacturer of such Non-Rackpoint Ltd Product. You are entitled to use any Non-Rackpoint Ltd Product supplied by Rackpoint Ltd only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Rackpoint Ltd Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Rackpoint Ltd Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by Rackpoint Ltd ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.
Cancellations and Terminations
You may terminate or cancel the Services by giving Rackpoint Ltd written notice via the written notice. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Rackpoint Ltd may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been cancelled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes.
We require all cancellations to be done through either a ticket raised from your user account or via direct email from the primary email address listed on your account in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Cancellations for shared and reseller accounts will be effective on the account's renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.
Rackpoint Ltd may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Rackpoint Ltd or others or cause Rackpoint Ltd or others to incur liability, as determined by Rackpoint Ltd in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Rackpoint Ltd shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Rackpoint Ltd may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
This Agreement shall be governed by English and Welsh Law.
We are not liable for any breach of this Contract if the breach was caused by an act of God, insurrection or civil disorder, war or military operations, terrorism, national or local emergency, protests, riot, civil commotion, acts of omissions of government, highway authority or other competent authority, our compliance with any statutory obligation, industrial disputes of any kind (whether or not involving our employees), fire, lightning, explosion, flood, subsidence, weather of exceptional severity, acts of omission of persons whom we are not responsible (including in particular other telecommunication service providers), or any other cause whether similar or dissimilar outside our reasonable control provided that, if the event in question continues for a continuous period in excess of 90 days, you shall be entitled to give notice in writing to us to terminate the Contract.
Rackpoint Ltd hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to your artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Rackpoint Ltd to you in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.