Terms

Live Technologies Ltd  Terms and Acceptable Use Policy (AUP)

All hosting contracts run on a 12 month minimum basis.

We reserve the right to charge for any time required in domain administration and associated services in the event of you transferring away from us or to a third party services. This ensures we are able to offer a high quality and responsive service in all circumstances

Responsibilities

Live Technologies Ltd agrees to deliver the requested work in a timely manner and shall conform to the standards as agreed in the contract document. Live Technologies Ltd charges for design work based on time, so any changes to the contract document once work has commenced, may result in changes in the fees already stated. In particular cases, where a job / service requires work beyond our normal business hours and turnaround time, there may be additional fees involved, over and above our standard costs. The client also understands that work, which is halted after a job has begun, will be billed on the basis of what has been completed to that time. Where work is performed by other parties as designated by the client, Live Technologies Ltd cannot be held liable for their performance, although Live Technologies Ltd shall make its best effort to work with these other parties.

Ownership

The client understands that all files, web pages, graphics and programming work, except those provided by themselves, are the property of Live Technologies Ltd until any and all fees are paid in full at which time the client retains ownership. In the case of any programming (scripting) work, which includes shopping carts, banner rotation programs, database programs and the like, the client understands that they do not have any rights to duplicate, resell or give away any programs created by Live Technologies Ltd. Programs created by Live Technologies Ltd may not be used on other websites unless purchased by the client outright (should be requested at time of commissioning work if required).

Copyright

All work performed by Live Technologies Ltd is copyrighted by Live Technologies Ltd. The client understands that they have rights only to web publication. Any other reproduction by means of printing and/or transferring to other media may be considered copyright infringement. Copyrights may be purchased outright by the client or subject to limited use. The client also understands that all works, expressly marked or not, are protected by copyright laws. Live Technologies Ltd will take no responsibility for ensuring material supplied by the client has been authorised for reproduction. The client further warrants that they either own or have properly licensed/obtained copyright(s) or copyright permission to any work which they have supplied for use/reproduction, and the client agrees to assume full legal and financial responsibility for any copyright suit or action which may take place regarding materials they have supplied.

Proofreading

Live Technologies Ltd’s responsibility for typographical, pricing, or other errors shall be strictly limited to correcting such errors if they are pointed out to us during timely proofreading and site testing. It is the client’s responsibility to proofread all work and to ensure that it is (a) satisfactory, (b) correct as to size, content etc, (c) suitable for intended use, and (d) within proper copyright and other restrictions before the website is opened to the public.

Offensive/ Libelous Material

The client will not use the Web Site, nor any other service provided by Live Technologies to publish any material that may be construed as Defamatory, Offensive or Libellous to any other third party. Live Technologies Ltd shall not be held liable for any material published through its services, Live Technologies maintains full indemnity from any claims arising from any defamatory, obscene material, or any other breach of rights on the clients sites. The client is fully responsible the content of their WebSite, and any other data transmitted through Live Technologies’s Services, and Live Technologies will not undertake to monitor or control client data in respect to any content therein. Furthermore, the client agrees to indemnify Live Technologies in respect of any claims brought against Live Technologies arising from the content of their website or use of any other services, whether it be for defamatory comments, infringements of rights, or any other offence.

Loss of Earnings

Live Technologies will not be held liable for any loss of business incurred due to the failure of any of its services. This includes, but is not restricted to, loss of turnover, sales, revenue, profits or indirect consequential or special loss. Live Technologies offers a service level agreement that will reimburse the client any monies paid to Live Technologies for any failed services, strictly on a pro-rata basis. No other claims will be entertained. Live Technologies will not be held responsible for the fraudulent use, or any other misuse, of any material held on our computers, in particular any Credit Card information held thereon.

Portfolio

To maintain our portfolio credentials, and the integrity of any applicable copyrights, Live Technologies Ltd maintains the right to place a small logo on the client’s website which will link back to Live Technologies Ltd’s website. Live Technologies Ltd also maintains the right to reproduce the client’s website in our portfolio and in any marketing materials.

Hosting Contracts

Domain Name and website Hosting contracts are charged out by Live Technologies on a per annum basis. Should a client wish to transfer hosting of either a domain name or website to an alternative ISP at any time, Live Technologies are happy to do so subject to the account being fully paid up to the date of the transfer request, and a formal transfer request being lodged by an authorised client contact. Please note that Live Technologies automatically renew all domain names as they expire, so should a client not wish to renew a domain name, and avoid a new annual hosting charge, then they must alert Live Technologies to this fact before the expiry of the existing contract. The same also applies to website hosting.

VAT (Value Added Tax)

Live Technologies Ltd are a VAT Registered company – Registration Number : GB 800 9372 48
All charges quoted / levied are subject to VAT, and if not otherwise stated, quoted prices should be assumed to be exclusive of VAT (ex-VAT).

Payment

For existing clients, with sound payment track record, most work is carried out on a Payment on Delivery basis. However, Live Technologies Ltd reserve the right to request an advance deposit of up to 50% of the estimated design/ development fees before proceeding with any work. Once the client makes the final payment, their website will be made available on the Internet. Live Technologies terms of engagement are strictly 30 days payment from date of invoice.

Overdue Payment

Live Technologies terms of engagement are strictly 30 days payment from date of invoice. Payment after 30 days can only be accepted by special arrangement with the Accounts Department. Should the client fail to pay for any work/ services supplied after 30 days of invoicing, Live Technologies reserves the right to either terminate the supplied services, and to freeze any ongoing design/ development work. Once an account becomes 60 days overdue, Live Technologies Ltd’s standard policy is to suspend all Internet Services supplied to that client. Live Technologies shall make best efforts to alert a client to any such overdue payments and service shutdown, typically via email, but it remains the clients responsibility to ensure all accounts are fully paid up within Live Technologies’s payment terms. In the addition to full payment of all overdue invoices, an additional £50 (+ VAT) re-connection fee will be levied to re-establish any terminated services. Re-establishment can only be authorized once cleared payment has registered within Live Technologies Ltd’s bank account. For immediate re-establishment, payment can be accepted by CHAPS or Credit Card payment.

Email Disclaimer

All Live Technologies emails contain proprietary information, some or all of which may be legally privileged. They are for the intended recipient only. If an addressing or transmission error has misdirected these emails, the sender should be notified immediately. If you are not the intended recipient you must not use, disclose, distribute, copy, print or rely on this email.
The views expressed in any Live Technologies email are those of the author and do not necessarily reflect the views of Live Technologies Ltd.

Hosting Acceptable Use and Associated Information

Live Technologies Ltd  provides Internet hosting Services. By using the Services provided by Live Technologies Ltd, Customers agree to comply with the Acceptable Use Policies outlined in this agreement and also to indemnify Live Technologies Ltd against any claims by third parties arising from violation of this Policy.

Live Technologies Ltd reserves the right to make changes to this Acceptable Use Policy at any time, and any changes will be effective immediately upon posting to Live Technologies Ltd web site: www.livetech.co.uk. Live Technologies Ltd’s Customers are responsible for regularly reviewing the Policy. Continued use of the Services following any changes shall constitute acceptance of the changes.

This policy recognises the fundamental fact that no one owns or controls the Internet. Live Technologies Ltd cannot monitor or control all the activities of our Customers. We do not intend to actively screen, review, censor, edit or take responsibility for the activities or content of our Customers. The Customer, not Live Technologies Ltd, assume all responsibility relating to their Internet activities including, but not limited to:

Aspects of the Customer’s business.
Content and data provided by or through a Customer for use with the Services.
Decisions about Customer’s computer and communications systems needed to access the Services.
Results obtained from using Live Technologies Ltd Services.
Compliance with all applicable laws and governmental regulations regarding Customer’s business or use of the Services.
Use of the Live Technologies Ltd services by Customer’s end users.
Compliance with this Acceptable Use Policy by the Customer and the Customer’s end users.
Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. Customers must exercise a high degree of judgement and responsibility with respect to their use of the Services, including the responsibility to comply with this Acceptable Use Policy. Customers will violate this Policy when they or their affiliates engage in any of the following activities:

Network and Other Abuse

Using the Live Technologies Ltd network or other Live Technologies Ltd resources in any way that adversely affects other Live Technologies Ltd Customers is strictly prohibited. This includes but is not limited to:

Gaining or attempting to gain unauthorised access to servers or services. Such attempts include “Internet scamming” (tricking other people into releasing their personal information), password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities.
Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses. Using IP addresses which were not assigned to them by Live Technologies Ltd.
Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one’s server by an unrelated third party, including, but is not limited to, via open email gateways and open proxy servers.
Illegal Content

Accounts may be terminated that include content or which have links to content that:

Is unlawful or is considered offensive by the web community. Promotes injury or physical harm against any group or individual.
Promotes or teaches illegal activities.
Exploits or depicts children in a negative/sexual way.
Infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including pirated computer programs, cracker utilities, warez and software serial numbers or registration codes.
Violates any law, statute, ordinance or regulation governing the Customer’s business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.
SPAM or Unsolicited Commercial Email

Live Technologies Ltd has zero tolerance for the sending of SPAM or Unsolicited Commercial Email (UCE) over our network. Live Technologies Ltd Customers cannot send UCE and cannot host sites or information advertised in UCE. Customers are also responsible for the actions of their clients and must take all reasonable precautions to secure their servers and sites against SPAM exploits (e.g. open email relays and insecure cgi scripts).

Live Technologies Ltd does not permit:

The sending of bulk emails, defined as the sending of the same email, or emails which are substantially the same, unless recipients have agreed to double-opt in to the mailing list. Proof may be required of the subscription opt-in process. Live Technologies Ltd does not permit the sending of bulk email to recipients whose details have been obtained from third-party sources.
Hosting content on a Live Technologies Ltd server which is advertised or linked to by a bulk e-mail campaign, even if this campaign is not run from a Live Technologies Ltd server.
Violating our UCE or SPAM policy will result in penalties. Upon detection or notification of a violation of our UCE policy, Live Technologies Ltd will initiate an immediate investigation. During this time, outgoing mail may be suspended from the offending ip address to prevent further violations. If a client is found to be in violation of our UCE policy, Live Technologies Ltd will impose penalties and/or, at its discretion, restrict or terminate the offending account and the Customer’s access to our network. Repeated or serious violations may result in the immediate termination of the account. SPAM is a very serious matter. PLEASE DO NOT SPAM. EDUCATE YOUR CLIENTS and TAKE ALL PRECAUTIONS against SPAM EXPLOITS.

Live Technologies Ltd Administrative Login and Management Software

To facilitate network/server management, inventory and related activities, all Live Technologies Ltd Servers include a Live Technologies Ltd administrative account and password and/or a Live Technologies Ltd daemon. All reasonable precautions are taken by Live Technologies Ltd to maintain the security of these tools and the privacy of client data. Customers must not tamper, hinder, delete, or in any way change the functioning of these tools. To do so intentionally or otherwise is grounds for the immediate suspension of Customer’s hosting account.

Fair usage of shared, burstable resources

For some shared resources we require that customers do not continuously use an unreasonable excess of those resources (using them in a burstable fashion is, of course, entirely acceptable). Examples of an excess might include, running software that uses all available CPU constantly (such as SETI@Home) or continuously using many times the base-allocation of unmetered bandwidth. In such circumstances we reserve the right, at our discretion, to request that the client cease such activities or be forcibly upgraded to a more suitable package or, in the case of excess use of unmetered bandwidth, be moved to a metered bandwidth connection.

Account Cancellation

This Acceptable Use Policy (AUP) is not exhaustive. Live Technologies Ltd has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the Acceptable Use Policy as outlined above.

If you are concerned about any aspect of the above please call us on 01492534393 or 07941840862

Livetech the trading style of Live Technologies Ltd. Registered in England and Wales No. 5379346 at Irish Square , St Asaph, Denbighshire , LL17 0RN – VAT Reg No. GB 800 9372 48