The Monkey PC
Computer services with a difference!

The MonkeyPC | Terms and Conditions

Every client must agree and accept this before registering or their account will not be processed.

The company refers to Novenet Limited doing business as "The MonkeyPC".

1.Provision of Service

1.1 This contract covers the provision of service by The MonkeyPC to the client. It supersedes and takes precedence over any previous written or oral representations given or made by the company or any representatives of the company. In agreeing to the provision of the services, the client is deemed to have read and understood these terms and conditions.

1.2 Any date proposed either by the client of The MonkeyPC for the provision of services to be treated as an estimate only and The MonkeyPC accepts no liability for any failure to meet it.

1.3 Unless The MonkeyPC receives a notice in writing from the client terminating this contract at any time prior to the renewal date, the client will be deemed to renew the contract for the period covered by the issued renewal notice and be subject to the terms and conditions referred to herein. An account can be cancelled at anytime in your hut.

1.4 The MonkeyPC reserves the right to alter or amend its terms and conditions by giving seven days' prior notice to the client. Notice will be deemed to have been given by The MonkeyPC by displaying the notice on the web site of The MonkeyPC that can be found on site.

1.5 Not withstanding the above, the client will grant The MonkeyPC permission to deduct any funds due at the date of renewal from previously supplied credit card information.

1.6. client agrees to pay, in advance of each monthly service term, for hosting services to be rendered.

2. Definition and application

2.1 In this Contract:

"the client" means the client with whom The MonkeyPC makes this contract including a person reasonably appearing to The MonkeyPC to act with that client's authority

"WWW" means World Wide Web service available on the Internet;

"Domain names" means Internet addresses which have been registered with the central registration authorities on the Internet on behalf of the client;

"Upload" means transfer computer files to the The MonkeyPC Server System for publication on the Internet, WWW;

"Commencement date" means the date of The MonkeyPC acceptance of the client's order specified by the order date on the client invoice

"This contract" means the contract between the client and The MonkeyPC incorporating these terms and conditions;

"Web site" means the area on The MonkeyPC Server System allocated to the client for the purpose of this order;

"Hosting" means the making available of the clients domain name to the Internet community;

"Renewal Date" means the date of renewal of this contract between the client and The MonkeyPC, as defined on the client application form;

"Megabyte" means 1,048,576 bytes or characters of information;

"Gigabyte" means 1,073,741,824 bytes or characters of information;

"Illegal" means any act or acts which are capable of breaching the criminal law of England, the U.S and the state of Texas.

2.2 Any words in the singular include the plural and vice versa. All definitions, notes, terms and conditions referred to in this contract form part of the contract as if they were expressly set out in it.

3. Contract Period

This Contract shall continue from the commencement date for a period of twelve calendar months subject to termination under conditions 8 and 9.

4. The client’s Responsibilities

4.1 It is the client's obligation to ensure that they do not upload a virus to the web space provided by The MonkeyPC which could infect the The MonkeyPC Servers. The client must not allow a virus to enter the Internet community by allowing Internet users to download files containing viruses and knowingly or otherwise from their web space which is on a The MonkeyPC server.

4.2 It is the client's obligation to ensure that any material being uploaded is not in breach of copyright. The MonkeyPC accepts no responsibility for the client's actions in either uploading material to the WWW or in the client's transferral of any material to other Web sites.

4.3 The client agrees not to upload any material which would be considered to be contrary to public decency and morality. The MonkeyPC reserve the right to randomly inspect Web sites and in the event that any unauthorised material has been uploaded to that Web site, The MonkeyPC reserve the right to inform the authorities and to terminate this contact forthwith. Uploaded material would expressly include pornographic, barbaric and overtly tasteless material.

4.4 The client agrees that it shall not cause or permit or in any way assist in any unauthorised publication, any dissemination of any defamatory material or any material which could be considered to be in breach of the criminal laws of England.

4.5 The client agrees to keep secure the login name and password specified on the application form and not to pass that information to any unauthorised person. In the event of the client's login name and password being used by any unauthorised person, The MonkeyPC accept no responsibility.

4.6 The client is only entitled in this contract to transfer set out in the purchase order. Any transfer in excess of this figure will result in a charge at the current rate.

4.7 If the contract is terminated for whatever reason, the client will not be entitled to a refund unless they terminate the contract within the first 30 days, in which case a full refund will be payable, less any domain registration charges, or charges for additional services not included as part of any of our standard hosting plans, as defined and displayed on our web site.

4.8 The client agrees not to perform any action that will result in the reduced performance of the The MonkeyPC servers to the detriment of other users.

4.9 Not to commit any act whereby access is gained by the client to any information or resources of any body corporate or person, individual, partnership, government agency, national institution, charity or recognised organisation without first having obtained authority from those persons or institutions.

4.10 The client agrees not to use The MonkeyPC servers to send unsolicited or spam e-mail to other Internet users. Failure to meet this obligation would result in the termination of this contract without refund.

4.11 The client agrees not to use unsolicited or spam e-mail in any way that would result in any part of the The MonkeyPC network being mentioned either directly or indirectly in such postings. Failure to meet this obligation would result in the termination of this contract without refund.

4.12 The client agrees not to use our systems either directly, or indirectly in a way that would have a detrimental effect on network performance.

4.13 Not to do any act or omission, the result of which would have the effect of bringing The MonkeyPC into disrepute.

4.14 Fair usage policy – Regarding resources

4.15 High resource user policy
Resources are defined as bandwidth, processor utilization or disk space.

The MonkeyPC may have cause to implement the following policy to its sole discretion:

When a website is found to be monopolising available resources The MonkeyPC reserves the right to suspend the offending site immediately. This policy would only be implemented in extreme circumstances and is intended to prevent the misuse of our servers and to maintain maximum availability for other clients. clients may be offered alternate hosting options which may include The MonkeyPC hosting the website for an additional fee.

5. Limitation of Liability

5.1 For the avoidance of doubt The MonkeyPC has no obligation duty or liability in contract and/or tort for breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.

5.2 In any event and in no circumstance shall The MonkeyPC be liable for any loss either direct or indirect of profits, business or anticipated savings or any other direct or indirect consequential loss arising out of the provision or non provision of services to the client.

5.3 In no circumstance shall The MonkeyPC be liable for any loss whether direct or indirect arising from the content of any information placed by the client onto the service provider of The MonkeyPC

5.4 Under no circumstances shall The MonkeyPC be liable for loss whether direct or indirect of profits, business or anticipated savings or for any direct or indirect consequential loss whatsoever in connection with the registration, renewal, non-registration, non-renewal, suspension, transfer, failure to transfer, operation, delivery, mis-delivery or any and all combinations of the afore mentioned and under no circumstances are The MonkeyPC liable for any errors or omissions or any other actions by the registry administrator arising out of or relating to any application, receipt of, or failure to receive a domain registration.

5.5 Under no circumstances shall The MonkeyPC be liable for loss whether direct or indirect of profits, business or anticipated savings or for any direct or indirect consequential loss whatsoever by the failure of, or any problem experienced by the client in it's operation of it's web site.

5.6 Each provision of this condition is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held inapplicable or unreasonable.

5.7 In any event the liability of The MonkeyPC shall not exceed either the initial total amount paid for your Hosting package.

6. Indemnity

6.1 Without prejudice to any other rights or remedies which The MonkeyPC may have against the client, the client shall indemnify The MonkeyPC against any loss or expenses sustained by reason of any breach of this contract and any actions, proceedings, claims or demands in any way connected with this contract brought on by or threatened against The MonkeyPC by a third party which are caused by or arise from any action of The MonkeyPC carried out pursuant to the instructions of the client.

6.2 The client shall indemnify The MonkeyPC against any actions, proceedings, claims or demands in any way connected with this contract brought or threatened against The MonkeyPC by a third party which are caused by or arise from any act or default of The MonkeyPC carried out pursuant to the instructions of the client.

7. Charges

7.1 Charges are payable either monthly or annually in advance depending on the service purchased. It is a condition of service that a regular credit or debit card payment agreement is in force for the duration of the contract.

7.2 All charges of whatever nature in respect of service shall as such be as The MonkeyPC shall determine from time to time. On each occasion when service is provided to the client, the client shall pay the charges in force at that time, full details of which will be available from the address specified in condition 9.

7.3 All goods and services must be paid for in advance of delivery, however no order will be deemed to have been accepted by The MonkeyPC until an account activation notice is issued.

7.4 Value added Tax where applicable will be added at the appropriate rate to the total of all charges shown on the clients bill.

7.5 Should The MonkeyPC have to issue Court proceedings pursuant to this contract the client accepts responsibility for all The MonkeyPC legal fees and disbursements notwithstanding the value of the claim, on an indemnity basis.

7.6 Any third party costs The MonkeyPC may incur due to processing the payment for the services will be payable by the client within seven days.

8 Termination of this contract by The MonkeyPC

8.1 If the client does not pay any charge when due or breaks this contract in any other way The MonkeyPC can terminate this contract immediately without the requirement of prior notification.

8.2 Should The MonkeyPC deem the client a threat to the integrity of the The MonkeyPC network whether as a result of their actions or threats of such actions or by hostility of their actions or due to any other reason which in our considered opinion would be against our business interest, then The MonkeyPC can terminate this contract immediately without the requirement for prior notification.

8.3 Termination of this contract by The MonkeyPC will result in the retaining by The MonkeyPC of all monies received from the client who will not be entitled to a refund of monies paid.

8.4 Upon termination of this contract the client shall nevertheless remain liable for all charges due or which would have been payable under this contract.

8.5 On termination The MonkeyPC will remove all materials held on The MonkeyPC's computer and remove all privileges entitled to the client.

8.6 Subject to the discretion of The MonkeyPC, after termination, if The MonkeyPC agree that the client may once again be reconnected to the service, any reconnection will be subject to an administration charge of £50 together with any outstanding charges payable prior to the reconnection.

9. Termination of the contract by the client

9.1 The client can terminate this contract at any time within the first 30 days and receive a full refund, less any domain registration charges or charges for additional services not included as a part of one of our standard hosting plans. After this 30 day period the client may terminate the contract, however no refund will be payable and the client remains liable for all fees to the end of the contract period as defined in section 3 of this contract. The notice of termination should be made in writing.

10. Refunds

10.1 On receipt of a valid cancellation notice, The MonkeyPC will, at it's sole discretion, refund unused time paid, and then only full calendar months of time.

10.2 A cancellation notice must be received within ten days of a renewal period in order for a cancellation to be processed prior to a renewal payment being taken.

10.3 Should a cancellation notice be received within ten days of a renewal period then an administration charge may be applied to any refund issued with the sole exception of refunds issued in line with our thirty day money back guarantee, in which case no fees are payable.

11. Force Majeure

11.1 The MonkeyPC is 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, national or local emergency, acts of omissions of government, highway authority or other competent authority, The MonkeyPC's compliance with any statutory obligation, industrial disputes of any kind (whether or not involving The MonkeyPC employees), fire, lightening, explosion, flood, subsidence, weather of exceptional severity, acts of omission of persons whom The MonkeyPC is not responsible (including in particular other telecommunication service providers), or any other cause whether similar or dissimilar outside The MonkeyPC's reasonable control.

12. Proper Law

This contract is to be treated as made in England and Wales according to English and Welsh Law and subject to the jurisdiction of the English and Welsh Courts.

13 Limitation on assignment

13.1 The client must not assign the benefit of this contract in whole or in part.

13.2 The MonkeyPC reserve the right to assign the benefit of this contract by giving prior written notice of any assignment to the client.

13.3 Except with the prior written consent of The MonkeyPC, the service shall not be used by or on behalf of any person other than the client or a third party specified on the order form.

Charges

We believe in telling you exactly what you may be liable to pay. There are no hidden extras and we won't charge you anything you haven't been made aware of.

You will always be given the opportunity to cancel a service before you use or are charged for it.

Minimum Term

All hosting services are for a minimum term of 30 month. We have to insist on this, as it doesn't become cost effective for us to offer services for less than this time. You have thirty-five days from the point of order to cancel (see money back guarantee below) after which the 1 month term is active.

Money Back Guarantee

By offering a 30 day money back guarantee you are able to try our service out. If, within 30 days of activation you feel that the service is not for you you may cancel and receive a full refund, excluding additions.

Technical Support - In general We aim to respond to all technical support requests as fast as possible.

All support issues are dealt with in order of priority. We will always endeavor to rectify any problem pointed out to us as quickly as possible and normally within one hour during normal business hours, however some problems take longer to solve than others, and it may not be possible with some to fix them within an hour. This can lead to extended waiting time.

Outside normal business hours we deal with issues on a priority basis only and may not answer some issues until the next business day if they are not deemed urgent. Please note, if you believe your issue is a priority issue and needs an urgent response immediately submit a support a ticket through the Client Zone.

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