terms & conditions
 Our Terms & Conditions are split into the following sections:
- Web design and development
- Website and Email Hosting Accounts
- Domain Name Registration / Renewal
- Search Engine & Directory Listing
- Web Blog
1. Website Design and Development
Specifications
Our website designers will have various meetings/discussions with you to enable us to write a quote detailing the specifications and the cost of the site. All prices quoted are subject to UK VAT at 17.5%. Any additional specifications that are later required will need to be charged for. Once the price for the design and build has been agreed by you providing a written purchase order, the development will start.
Design Concepts
Our website designers and programmers, using the information gathered from yourself, will further define the visual and functional needs of your site. Once a design concept has been created and reviewed with you, additional design modifications can be made within the original specification. If at this time there are additional modifications made to the original specification the cost of the design and build will be reviewed at this time. Once you are satisfied that the 'look and feel' is right for your business you must inform us of such in writing, once we have received this we will proceed to development.
Website Development
Our developers will take the selected design concept and create all of the pages for your site and layout the appropriate graphics and links. The necessary content for your site must be supplied at this time for the project to continue and be completed. Once complete, the site will be available to view on one of our development servers. You will be asked to review the site and we will make any modifications that are necessary within the original specifications laid out.
Site launch
Once you have approved your site, we will either provide the site on CD to you or if Notcon Limited is to host the website we will upload to the website to our server(s).
Ongoing site support
We reserve the right to charge for any modifications that fall outside the original specification.
Intellectual Property Rights
Notcon Limited will not produce work for any site or business we deem unsuitable, infringes copyright or is contrary to UK laws.
All material including content and images that have been supplied by the client and used in the construction of the website, will remain the client's property. It will be assumed by Notcon Limited that it is free from any infringements of Copyright law.
If a website has been built to incorporate a back end system for client updates, Notcon Limited will not be held responsible for any content or images uploaded after the time of the completion of the project.
If during the website development cycle the client wishes to cancel, Notcon Limited has the right to invoice an amount that is deemed proportional to the amount of work that has already been carried out.
If during the development cycle the client does not supply the required content within the necessary timescale's as stipulated in the contract(s) relating to that development cycle we will consider that the client wants to cancel the project.
The copyright for all material such as HTML / XHTML / PHP / ASP/ASP.NET / CSS/Java/JavaScript code and graphics provided by Notcon Limited will remain the property of Notcon Limited after the completion and payment for the site is received.
Notcon Limited cannot guarantee the amount of traffic that will be generated through any website we have created. We accept no responsibility or liability if a search engine or directory that the site has been submitted to chooses not to list the client's web site.
On completion of work and acceptance by the customer, payment is due immediately upon receipt of invoice. Notcon Limited reserves the right of ownership on all work until payment is received in full. If payment is not received in the appropriate timescale, Notcon Limited reserves the right to suspend all website and internet services immediately and may start legal proceedings and issue a county court claim against you.
Notcon Limited does not include maintenance of the website under the cost of the design and build of the site.
Notcon Limited reserves the right to refuse or terminate any contract at our discretion.
2. Website and Email Hosting Accounts
Taking out a web/email hosting account (hereafter referred as a 'hosting account' or an 'account') with Notcon Limited indicates that you have read the following terms and conditions and agree to comply with them.
Terms of Service
Notcon Limited reserves the right to immediately suspend or cancel the hosting account and access to all of the services provided by Notcon Limited, if it is deemed that the account has been used inappropriately or usage of such the hosting account breaks UK or International Laws.
Notcon Limited reserves the right to immediately suspend or cancel your hosting account for non payment of bills.
Notcon Limited reserves the right to cancel your hosting account for any reason other than those listed above with the provision of a 14 day period of notice of termination.
When your hosting account is cancelled, all files contained in the web server space provided as part of that hosting account will be deleted along with any emails stored on the mail server relating to that hosting account.
Notcon Limited reserves the right to access, amend, remove or delete files from the server at any time if needed to protect the security of the servers.
Server Use
You must not divulge user names and passwords to any other person and take every precaution to make sure that they are not discovered by any other third party. The web hosting account is only to be used by the primary owner.
Account holders are not permitted to resell, store or give away any web hosting services of their website to other parties. You are not permitted to run server processes (eg.Talkers/IRC Bots) from your virtual servers. Notcon Limited reserves the right to refuse access to our servers to people/organisations that we deem unsuitable.
Hosting Content
Commercial use of web and ftp space is permitted. You will be responsible for the content on your pages, including obtaining legal permission for any works they include and ensuring that the contents of the pages do not violate UK law. You will be held responsible for any defamatory, confidential, secret or other proprietary material available via your pages.
You indemnify Notcon Limited against any liabilities arising from violation of the above.
Notcon Limited does not allow any of the following content to be stored on its servers:
• Illegal Material which includes any copyrighted works, commercial video or audio, music files and any content that is contrary to UK law.
• Adult material which includes pornography, erotic images and any other lewd or obscene content. The determination of what is unacceptable is at the discretion of Notcon Limited.
• Warez which includes pirated software, hacking, password cracking, IP spooling, emulators and phreaking, or any reference of 'how to' or 'links to' information about it.
• Hate propaganda which can be classed as racism, bigotry and profanity or that would incite violence.
• Any material that exploits children or other minority groups.
Notcon Limited will cooperate fully with investigations into infringements of systems or network security, including cooperating with UK authorities in the investigation of suspected criminal violations.
Backups
We carry out a backup on the data stored on the servers every 24 hours for our own purposes. We strongly recommend that our clients back up their data independently to add to the protection of the data. We also offer a remote location backup service details for this can be found on our website.
Unsolicited Commercial E-mail (SPAM)
Spamming or the sending of mass unsolicited commercial advertisements or bulk messages by email is strictly prohibited. This also includes other forms of spam such as drop box, open mail relay and double opt in. Using your Notcon Limited hosting account for such activity will result in your account being suspended if not cancelled. Any costs incurred by us as a result of the spam mail being charged to you.
Notcon Limited offers a Bayesian spam filtering service, Bayesian spam filtering is founded on having two pools of messages (bad / good) and creating a word dictionary that outlines the frequency of tokens within these messages.
We can not guarantee the filter to stop 100% of spam, if you do receive spam please forward the email to spam@notcon.co.uk and we can further train the Bayesian Filter to reduce the amount of spam you receive. It would also be helpful if you could provide copies of non spam messages, if this is possible copy the messages to nospam@notcon.co.uk these messages are immediately processed to the dictionary then deleted, there are no security implications.
Bandwidth Usage Policy
If the customer exceeds the bandwidth purchased within their hosting package, excess bandwidth will be charged at the prevailing rate. If contracted bandwidth is excessively exceeded such that it places an unacceptable burden on Notcon Internet's resources, we reserve the right to terminate access to the site without notice. Bandwidth usage in excess of 1GB above the contracted rate will be considered as excessive. Extra bandwidth can be purchased as necessary.
Service Level Agreement
No service level agreement exists between you the client and Notcon Limited.
Payment Policy
All hosting packages are set up on an annual renewal basis. Accounts are set up on a pre pay basis and even though we reserve the right to change our pricing at any time, we guarantee that pricing will remain the same through the period of prepayment.
Hosting accounts will continue automatically and a renewal invoice will be sent out at the start of the new yearly hosting period. You will receive a hosting account renewal notice email by email to the default email address for the domain name being hosted 21 days before the renewal date, if you do not wish to renew your hosting account you must inform Notcon Internet in writing no later than 7 days before the hosting account renewal date, failure to inform us that you do not want to renew will constitute your agreement for Notcon Limited to renew the hosting account and you will be invoiced accordingly.
You must provide us with a valid email address as this is where your hosting account renewal notice will be sent to, Notcon Limited will accept no responsibility for your failure to provide and maintain accurate and up to date contact details, or for any losses incurred as a result of the release or non-renewal of any domain names.
Cancellation
If you wish to cancel your hosting account during your paid hosting account period you must inform us in writing. No refund will be provided.
Liability
Notcon Limited shall not be liable for any loss or damage howsoever caused:
- Economic loss, including loss of profits, business revenue and goodwill.
- Any claim made against the Customer by another third party.
- Any loss or damage to the Customer caused by or arising from any act or omission of the Customer, the Company, or any PTO.
- Any act caused as a result of force majeure or beyond the Company's control.
3. Domain Name Registration / Renewal
By registering domain names through Notcon Limited, you are entering into contracts not just with Notcon Limited, but with the domain registration authorities as well. Your registration of a domain name indicates that you have read, understood and agreed to our domain registration terms and conditions as well as those of the appropriate domain registration authority.
All domain names are registered on a first-come, first-served basis. Domain names often appear to be available up to 24 hours following registration. For this reason, Notcon Limited make no guarantee that the domain names you have chosen are available and can be registered. You are therefore advised not to take any action in respect to a domain name until full registration has been completed and your details are shown in whois query results.
In the event of a domain registration failure due to the domain name having been registered to another party, Notcon Limited will refund payment or offer you the opportunity to select alternative domain names.
Under the terms of The Consumer Protection (Distance Selling) Regulations 2000, consumers have a "cooling off" period of 7 working days from the date that the order is placed in which they may cancel orders placed by distance contract. The Consumer Protection (Distance Selling) Regulations 2000 do not apply to business-to-business transactions. The consumer's right to cancel does not apply where goods or services are clearly personalised or made to the consumer's specifications, or once service provision has begun.
Domain names are personalised to the consumer's specifications and service provision will begin from the moment the domain name registration is submitted to the registration authorities. Therefore, the consumer's right to cancel does not apply and Notcon Limited will make no refund for any domain name registration other than as per Clause 1 above.
Domain name registrations are normally completed in about 24 hours, but in some cases, registrations may not be completed for up to 72 hours. The length of time it takes for a domain registration to be completed will depend on the domain registration authority, not on Notcon Limited. Notcon Limited will not accept any liability for delays in domain registration caused by the registration authorities or by any other party that Notcon Limited has no control over.
Notcon Limited reserve the right to cancel, suspend or refuse registration in the event of some exceptional circumstances, including in particular: if to do so would put Notcon Limited in a position which conflicted with statutory obligations, terms of a Court Order, terms and conditions of the domain registration authorities or the laws of England .
Notcon Limited accept no responsibility for usage of domain names, specifically including where conflict arises with trade marks, registered or unregistered or the right to use a name in any other context. A confirmation of registration is not intended to be evidence of ownership of a particular name.
The pricing shown on our website is the amount less VAT you will pay for each domain registration or renewal. Once payment has been made at the prices shown on our website, Notcon Limited will make no further charges in respect of those domain names until renewal or transfer of the domain name away from Notcon Limited, except where additional services are required for that domain name. Any such charges will be at our discretion. Notcon Limited reserves the right to change pricing for domain name registrations and renewals at any time.
You will ensure that you provide accurate contact details for your domain name registration, and that you keep these up to date. Your email address is particularly important as this is where we will send domain renewal information. If you fail to keep your contact details up to date, you may not receive domain name renewal notices.
You will receive a domain name renewal notice 60 days before the renewal date, if you do not wish to renew your domain you must inform Notcon Internet in writing no later than 54 days before the domain renewal date, failure to inform us that you do not want to renew will constitute your agreement for Notcon Limited to renew the domain name and you will be invoiced accordingly. Notcon Limited will accept no responsibility for your failure to provide and maintain accurate and up to date contact details, or for any losses incurred as a result of the release or non-renewal of any domain names.
All domain registrations are subject to our own terms and conditions as set out in this document, as well as the terms and conditions of the relevant domain registration authorities as shown below:
Nominet Terms & Conditions for all .uk domain registrations
4. Search Engine & Directory Listing
Notcon Limited can provide a search engine submission service. Notcon Limited cannot guarantee the amount of traffic that will be generated through any website we have created and submit to one or more search engines or directories. We accept no responsibility or liability if a search engine or directory that the site has been submitted to chooses not to list the client's web site.
Notcon do not guarantee the placement or ranking of a site listing in search engines or directories unless otherwise specified.
It is important that you read the information supplied by the following companies in order to understand how they operate.
Please go to the following pages for full information:
Google:
Terms and Conditions
Webmaster Guidelines
Getting Listed
5. Web Blog
The views expressed in the web blog are not necessarily the views of Notcon Internet, and the company, its directors, officers or employees make no representation or accept any liability for its accuracy or completeness unless expressly stated to the contrary.
All blog articles are the copyright of Moo Marketing.
All comments posted to the blog require moderation before they appear on the web blog, any comment that we feel is unsuitable will not be put live and will be deleted, we will not release explanations or reasons for our decision.
We require that you leave your valid email address, this will not be displayed any where on the public site.
When you post a comment your IP will be logged for security. |
