TermsImportant changes to be aware of regarding our Terms and Conditions can be viewed here soon: Last updated Wednesday 16th August 2017
TERMS OF BUSINESS
1. 'We' refers to us NRG Digital. 'You' refers you as a client of ours.
We are a 'reseller' of web space. We are not a 'hosting company'.
Reseller hosting is a form of web hosting wherein the account owner has the ability to use his or her allotted hard drive space and bandwidth to host websites on behalf of third parties. The reseller purchases the host's services wholesale and then sells them to customers, at a profit. A certain portion of hard drive space and bandwidth is allocated to the reseller account. The reseller may rent a dedicated server from a hosting company, or resell shared hosting services. In the latter case, the reseller is simply given the permission to sell a certain amount of disk space and bandwidth to their own customers without renting a server from a web hosting company we have signed for a reseller account with.
The data centre operator is responsible for maintaining network infrastructure and hardware, and the dedicated owner configures, secures, and updates the server. As a reseller we are responsible for interfacing with our own customer base, but any hardware, software and connectivity problems are forwarded to the server provider from whom we as the reseller purchased our plan.
We also reserve the right to host our clients website on a V.P.N. (Virtual Private Network) as and when we deem neccessary to provide the best service to that particular client.
1.1 NRG Digital reserve the right to amend these terms and conditions as and when they deem necessary.
1.2 We will supply our services in accordance with these terms
2. SOFTWARE PLATFORM
We use the "Software as a Service" business model to deliver our 'StartASite' content management system for our websites.
We have developed our own content management system. This is called 'StartASite'. A content management system is a computer application that supports the creation and modification of digital content. A C.M.S. user interface allows a user, even with limited expertise, to add, modify, and remove content from a website without the intervention of a webmaster. This software remains the sole and exclusive property of NRG Digital at all times.
It's use other than by us and our server solutions is strictly prohibited and as such we reserve the right to deny access to any third party to said server solutions to protect it's integrity and that of our other clients websites and data. This includes access FTP (File Transfer Protocol) or any similar standard network protocol used for the transfer of computer files between a client and server on a computer network.
This also applies to any source code generated by us, including 'StartASite', 'YODA' , 'Superlist' , 'Superticket', or any derivative thereof. Nor do we licence any of our source code (unless expressly agreed at the outset of any project) to any third or fourth parties. This also applies to any bespoke project for any website, on-line solution, software, smart phone App' or similar.
There are however a couple of areas of IP that are usually undisputed and fairly straightforward in terms of ownership. These include:
* Open-source software, which is not owned by the (us as the) developer or the client (the main concern being who will be responsible for any bugs); and
* The IP that was originally owned by the client. This will almost always remain the IP of the client, as the developer has no interest in owning these materials.
Other than the two exceptions above NRG Digtial reserve the right to retain Intellectual Property Rights on any source code we generate ourselves..
3. SUPPORT SERVICE HOURS
Our Support Service Hours are Monday 9am till Friday 5pm.
4. OUR STANDARDS
We will use reasonable care and skill when we supply the Services. This includes:
Working diligently to minimise unwanted delays or problems;
Notifying you as soon as we can of any significant delays or problems;
Trying to resolve issues as quickly as possible (within our Support Service Hours) once we are aware of them; and
Putting measures in place to avoid issues from reoccurring where possible.
All of the above ethos applies to each of our packages that are tailored to suit the particular needs of you as our client, and as such your service level agreement with us with depend on which of the following packages you are on:
BRONZE: You pay £10.00 plus vat per month more...
SILVER: You pay £25.00 plus vat per month more...
GOLD: You pay £50.00 plus vat per month more...
PLATINUM: You pay £100.00 plus vat per month more...
ENTERPRISE: Price available on application, but usually around £250.00 - £500.00 plus vat per month more...
Always above £100.00 plus vat and a multiple of our hourly rate (e.g. 10 x £25.00 = £250.00 or if you required 20 hours of our development time each month £500.00 plus vat). The 'Enterprise' package is a bespoke plan tailored to businesses that have outgrown the 'Platinum' package.
We are not responsible for ensuring that the Website complies with any laws, regulations, rules or codes with which you and / or the Website are obliged to comply.
We do not own nor do we claim ownership of the content submitted to be included in and/or displayed on your responsive website, mobile website, website personalization or included/displayed in any other service (“Content”). Content includes, but is not limited to: information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials included on a site via the service. This content is your content and as such, you are responsible for all of the content that you upload, post, transmit or otherwise make available via our services. We do not control the content you post via our services.
You are responsible for any content that may be lost or unrecoverable through use of the services. You are encouraged to archive your content regularly and frequently.
This also applies to content you supply to us.
NRG Digital's services allow you to import or link certain content hosted on third-party websites into the services. This content isn’t owned by NRG Digital, and thus if it is no longer available or accessible to a user, then those portions of your creation that reference such content will not work.
Through our services, We may provide certain content that is subject to proprietary rights of third parties. NRG Digital shall have the right, at any time, at is sole and exclusive discretion to remove such content from the services and/or disable access to such content.
The following restrictions apply to all images made available to you via the service.
You shall not use any image:
That is reasonably deemed to be considered pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any third party’s trademark or intellectual property rights. Portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) as endorsing a political party, candidate, elected official, or opinion; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
Additional terms related to usage and licensing of images can be found here.
Under no circumstances will we be liable for your content or the content of any third party, including, but not limited to, for any errors or omissions in content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the service. You acknowledge that we do not pre-screen content, but that we shall have the right (but not the obligation) to refuse, move or delete any content that is available via the service. We shall also have the right to remove any content that violates these terms or is otherwise objectionable in our sole discretion. You bear all risks associated with the use of any content. You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect our rights, property, or personal safety and those of Our users and the public.
Content you supply to us.
All content (i.e images) supplied to us must have the required permission of those involved whether it be a child, the parent or carer of the child. NRG Digital accept no responsibility for any content supplied to us and uploaded by us in good faith that the required permission had been given. Should any images need to be removed we need instructions in writing (email) to avoid any confusion as to which images are to be removed.
NRG DIGITAL SHALL HAVE THE RIGHT TO DISABLE THE ACCESS TO ANY CONTENT AND/OR DELETE IT AT ITS SOLE AND EXCLUSIVE DISCRETION, WITH NO LIABILITY TO US, AND YOU SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT OF ANY AMOUNT PAID BY YOU.
6. COPYRIGHTED MATERIALS
YOU SHALL NOT USE THE SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
NRG Digital (“we”, “us” or “our”) are committed to protecting and respecting your privacy.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.nrgdigital.co.uk (“our site”) you are accepting and consenting to the practices described in this policy.
Information we may collect from you
We may collect and process the following data about you:
Information you give us. You may give us information about you by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, search for a product/service, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey and when you report a problem with our site. The information you give us may include, but is not limited to, your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.
Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
Technical information, including the Internet protocol ("IP") address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
Information about your visit, including the full Uniform Resource Locators ("URL") clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
Information we receive from other sources. We may receive information about you if you use any of the other websites we operate, the other services we provide and/or any of our social media pages. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
Uses made of the information
Information you give to us. We will use this information:
To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
To provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
To provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this;
To notify you about changes to our service;
To ensure that content from our site is presented in the most effective manner for you and for your computer.
Information we collect about you. We will use this information:
To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
To improve our site to ensure that content is presented in the most effective manner for you and for your computer;
To allow you to participate in interactive features of our service, when you choose to do so;
As part of our efforts to keep our site safe and secure;
To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
To make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
Disclosure of your information
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
Analytics and search engine providers that assist us in the improvement and optimisation of our site.
Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
We may disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If NRG Digital or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply any agreements between us; or to protect our rights, property, or safety, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Where we store your personal data
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with the Data Protection Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
We will facilitate the email account(s) connected to the website that we will build for you but it your responsibility to ensure you have a regular back up of your emails. We can not be held responsible for the loss of any emails if you do not have a back up solution in place.
With a lot of our clients their current set up is 'Webmail' many use 'Roundcube'. This has always been a server side temporary solution which is ideal to 'get going' and very easy to use but disadvantage is that it's vulnerable if you have no back up to your local machine using an email client such as MacMail or Outlook Express.
A lot of our clients are confident enough to configure an email client to download (and back up and delete) from the server (Webmail) themselves.
However if you need assistance from an external 3rd party IT support company we can strongly recommend Diamond Group. We can send further details if you need to contact them.
Part of the ongoing maintenance we do on a daily basis is to check our clients email accounts are working. This involves making sure quota limits aren't being exceeded. When we get a warning we will often increase the quota limit to ensure flow of emails to (and from) that particular account. This helps in the short term, but we would advise the client to double check that their email client is set correctly to ensure the emails are being backed up at their end and then subsequently deleted from our server. A build up of emails on the server side may possibly point towards the client not backing up regularly enough. We can increase quota limits but like to point out emails are much less exposed being backed up on your office computer (and internal back up system) rather than building up on our hosting solution.
We are currently updating our terms of business to include projects that fall outside of the scope of our monthly service level agreements.
SECTION 1 GENERAL
10.2. Length Of This Agreement
10.3. The Basis Of The Services
10.4. What's Not Included In The Services
10.5. Our Standards
10.6. When We'll Perform The Services
10.7. Service Interruption
10.8. Your Behaviour
10.9. Payment And Charges
10.10. Your Use Of The Website
10.11. Intellectual Property Rights
10.13. Data Use And Protection
10.15. Client Indemnity
10.16. Our Liability
10.18. What Happens On Termination
10.19. Complaints Procedure
10.20. Engaging / Employing Staff
10.22. The Meanings Of Words And Phrases
SECTION 2 - PROJECT PRODUCTION TERMS
10.23. Scope Of Project Production
10.24. Access Restrictions
10.25. User Acceptance Process
10.26. Additional Work Charges
10.27. Provison Of External Artwork
10.28. Pausing Project Production
SECTION 3 - HOSTING AND SUPPORT
10.29. Scope Of Hosting And Support Services
10.30. Your Behaviour
10.31. How We'll Provide Hosting And Support Services
10.32. Development Requests
10.33. Additional Work Specification
10.34. User Acceptance of Additional Work
10.35. Payment And Charges For Hosting And Support
10.36. PAYMENT FAILURE PROCESS
If you do not pay the Charges, the following process will apply:
10.36.1 We will send a reminder invoice via post. We may, at our discretion add further days to those detailed below to allow you additional to time to pay.
10.36.2 5 days after payment is due we will notify you that access to the Website will be blocked in a further 5 days if you do not pay the Charges within those further 5 days. The date of this notification is “Step 1”;
10.36.3 If payment remains outstanding after 5 days of Step 1 we will interrupt the Services (“Step 2”); and
10.36.4 If payment is not made 5 days after Step 2 we will stop providing the Services. If you pay the Charges subsequently we may re-commence the Services if we choose to do so. If we do re-commence the Services we may charge you an additional fee for the time we have spent re-commencing the Services.
10.36.5 In addition, we may also pursue legal action to recover monies owed - we will notify you prior to legal proceedings.
SECTION 4 ONLINE MARKETING SERVICE TERMS
10.37. CLIENT OBLIGATIONS AND RESPONSIBILITIES
You are responsible for paying for any third party services that are included on the Website unless otherwise stated in writing.
10.38. PAYMENT FAILURE PROCESS
If you do not pay the Charges, in addition to ceasing service provision and pursuing legal action to recover monies owed, the following process will also apply if you have any domains / search engine rankings / e-mail marketing / marketing databases / social media channels that we either host and support:
10.38.1 5 days after payment is due we will notify you that access to the Website will be blocked in a further 5 days if you do not pay the Charges within those further 5 days. The date of this notification is “Step 1”;
10.38.2 if payment remains outstanding after 5 days of Step 1 of this clause 38 we will interrupt the Services (“Step 2”); and
10.38.3 if payment is not made 5 days after Step 2 of this clause 38 we will stop providing the Services. If you pay the Charges subsequently we may re-commence the Services if we choose to do so. If we do re-commence the Services we may charge you an additional fee for the time we have spent re-commencing the Services.
10.39. OUTSTANDING PAYMENTS
You will be invoiced for all outstanding payments and must settle these amounts by the due date specified on the invoice(s). Failure to do so could result in NRG Digital pursuing legal action to recover monies owed.
* NRG Digital reserve the right to amend these terms of business as and when they deem necessary.