Terms & Conditions of Business
The following terms and conditions are fully
binding, by accessing the service you will be deemed to have accepted them and
to be bound by them
All transactions with you and Symbiant are for a
minimum period of 12 months. If a monthly service charge or rental is applied
such payment is an advance payment for that monthís service and that month
only. easyGen customers pay £10.99 per month + VAT for hosting of the site providing the site is created with easygen and advertises that it has been created with easygen and providing the site does not consume more than 100 MB of server disk space (including the database) otherwise the hosting rate will be set by Symbiant depending on disk space and bandwidth used.
Customers who have a merchant account which was applied for via our site and
have a domain hosted by ourselves can use SymShop for the cost of the hosting
only. No charge will be made for the software which can not be removed from
our server or hosted elsewhere. As no charge is made for SymShop no warranty
whatsoever is provided. Reasonable support will be provided. We will not be
responsible for you supplying incorrect contact details.
The payment for hosting a website is NOT including or for the registration of the
Domain Name (.co.uk) as this charge is separate (subject to conditions
contained herein). Payment is for hosting the site. Domains purchased with
.com .net extensions are billed at £25.99 per year for the renewal fee. On
occasion we may choose to tell you about new features to be added. No
guarantee can be made for the provision of these services, nor their
merchantability or fitness for purpose, therefore refunds cannot be offered
for services that are not launched, or if any part of the service is withdrawn
for technical, legal or ethical reasons.
- The £99.99 + VAT charge for registration of
a .co.uk domain name is waived when registering a web site and remains so
as long as SYMBIANT host that site. ( .com, .net are charged at £25.99
per 2 year). Domain names remain the property of Symbiant until all
outstanding monies for services or products are paid for in full. You
remain responsible for all telephone call charges that you incur while
accessing the service. Special provisions relate to the free domain name,
which are set out in paragraphs 8, 9 and 10 below. PLEASE NOTE THAT IN THE
EVENT THAT YOU WISH TO REMOVE THE DOMAIN TO ANOTHER SERVICE PROVIDER WE
WILL CHARGE YOU AN ADMINISTRATION FEE TO EFFECT THE TRANSFER AND CHARGE
YOU THE £99.99 + VAT FOR THE DOMAIN. PAYMENT NEEDS TO BE MADE PRIOR TO
- The Symbiant basic account includes 100MB of
transfers p/c/m, bandwidth usage over and above this allocation will be
charged at £30 per additional 100MB transferred. This charge is normally
levied at the end of each calendar month, if payment is not made
immediately on request we reserve the right to disable your web site. In
exceptional circumstances we may seek to be reimbursed for bandwidth
usage prior to the end of a calendar month, again if payment is not made
on request we reserve the right to disable your web site.
- Your use of the service is subject to our
Acceptable Use Policies, which are displayed above. Acceptable Use
Policies are for the benefit of all users of the Internet and you must
abide by them at all times. We retain the right to revoke your right to
use the software if you breach these terms and conditions or abuse our
Acceptable Use Policies.
- Symbiant makes no guarantee of availability
of service and reserves the right to change, withdraw, suspend, or
discontinue any functionality or feature of the Symbiant service. IN NO
EVENT WILL Symbiant BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Symbiant's
SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT
LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT,
TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION;
INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION;
COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR
SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO, ALTERATION
OF, OR USE OF ANY RECORD. We do not guarantee that the service
(including web hosting and email) will be free from interruptions or that
the software will be free from errors. We may also have to suspend the
service from time to time to carry out maintenance and to make upgrades to
it. If we have to suspend the service we will try to give you as much
notice in advance as possible on our site.
- We are not responsible for the content of
any Web Site other than our own. We will not be responsible to you for any
loss or damage that you suffer by using the service (except where the use
results in death or personal injury and is caused by our negligence).
- ALL registration information supplied to us
by you must be true, complete and accurate. You must not impersonate any
other person. You must notify us of any changes to the information
immediately by e-mail to email@example.com.
- You are responsible for the confidentiality
of your username and password and must immediately notify us if you become
aware that someone is making unauthorised use of them. If we believe that
your username and password is being used by unauthorised persons we may
suspend the service.
- We may terminate your account, without
notice, if you breach these terms and conditions, our Acceptable Use
Policies, Nominet UK, the UK domain registrars, Terms and Conditions.
- You may terminate your account without
penalty and without notice by ceasing to use the service, your membership
is non-transferable and non-refundable. In the event that you wish to
remove the domain to another service provider we will charge you an
administration fee to effect the transfer and charge the full fee of £99.99
+ VAT for the domain. We will endeavor to process all transfers on which
the administration fee has been paid within 4 working days.
- For the purposes of administration of the
domain name you agree to appoint us as your representative to complete the
formalities with Nominet UK and to deal with Nominet UK on your behalf for
the duration of our agreement; accordingly all your dealings with Nominet
UK must be through us. When we register your domain name a record
of ownership will be available to the public on the register maintained by
Nominet UK. You must not intentionally ask us to register a domain name
that infringes the rights of any other person and there can be no
guarantee that your choice of domain name will be available. When the
domain name is registered in your name you will also be subject to the
terms and conditions of Nominet UK which are available for inspection at http://www.nominet.org.uk/nominet-terms.html.
The domain name remains free only if you remain a user of our service. In
the event that you are not still a user of our service on the second
anniversary of the domain name being registered, Nominet UK may invoice
you for the applicable renewal fee at the appropriate rate. In
registering a domain name you are giving us full agent authority to act on
your behalf, with regards to transferring and or deleting the domain name.
- You agree to be bound by the Nominet UK
Dispute Resolution service in the event that any other party claims to be
entitled to the domain name you have registered.
- If you have applied for an Merchant Service
you are responsible for the information given being correct. Our online
application form is designed to quickly verify if you will be accepted for
a merchant account based on the information supplied. If you have been
accepted online and subsequently rejected due to false or misleading
information given or failing to supply information to support your
application or voluntary cancel your application you will be charged an
administration cost of £50 + vat, any other advance payment for the
Merchant Service will be refunded once the administration cost has been
deducted. The Monthly fee 0f £10.99 + vat is for the monthly rental of the
eCommerce service including hosting and services. The hosting of an
eCommerce site is charged on a Monthly basis as is the merchant service
relating to a Symbiant hosted eCommerce site with a minimum contract
period of 12 months. If the customer wishes to cancel the service they
must give at least 1 months notice prior to the end of a 12 month period.
If no such notice is given the customer enters a further 12 month
agreement. The annual charge for a Merchant Account on itís own is £145
+vat payable in advance. To cancel a service notice should be made in
writing and sent recorded delivery to Symbiant. For further information
please email firstname.lastname@example.org
- Symbiant reserve the right to refuse
transfer of a domain name and site if an account remains un-paid. Symbiant
will release title once all monies have been paid to bring an account up
- Should legal action be taken by Symbiant to
recover monies for an outstanding account the defendant agrees to pay all
costs incurred in the action.
- If an account becomes overdue Symbiant
reserve the right to suspend your service until such time as your account
has been satisfied, if an account still remains unpaid after requests have
been made for payment Symbiant reserve the right to take full ownership of
all domain names we have registered on your behalf. In such event Symbiant
will not be responsible for any loss of business incurred by you or lost
emails or data.
- The client can cancel hosting at anytime by canceling the futurepay agreement that is set up when they set up hosting. Log in details to the Worldpay server are emailed to you at the time you set up hosting. Log in at https://select.worldpay.com/wcc/admin to cancel your futurepay agreement and this will have an immediate effect on the canceling of your web hosting. If hosting charges are charged back by the client via the charge back scheme, Symbiant will be entitled to claim £50 + VAT per charge back + The charged back amount directly from the client to cover administration and other charges. It is the clients responsibility to cancel the futurepay agreement and stop further payments for hosting if they wish to cancel hosting.
- You undertake to accept our terms and
conditions and AUP when you use our service and make and purchase from
- All transactions are final.
Symbiant reserves the right to change or amend
these Terms of Service at any time and without prior notice.
Symbiant Terms and
Conditions of Service & ACCEPTABLE USAGE POLICY
Below is our terms and
conditions of service and Acceptable Use Policy.
- Symbiant reserves the right to modify or
remove anything submitted to Symbiant or our servers, and to cancel any
account, at any time for any reason without prior notice.
- Actions or activities that may cause
termination of your account and/or removal of your page(s) include, but
are not limited to submitting any page, message board posting, or chat room
statement that contains, or provides links to:
pornography, and sexual material of a lewd,
lecherous or obscene nature and intent or that violate local and national
laws. Sending unsolicited email using a Symbiant hosted address or containing
any reference to your Symbiant hosted web page/s.
- Any material that violates or infringes in
any way upon the rights of others, including, without limitation,
copyright or trademark rights; this includes "WAREZ"
(copyrighted software that is distributed illegally), "mp3"
files of copyrighted music, copyrighted photographs, text, video or
artwork. If you don't own the
copyright or have documented permission to use it, don't put it on your
site at Symbiant.
- Any material that is threatening,
abusive, harassing, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane, indecent, or otherwise objectionable; including
posting other peoples' private information.
- content that promotes, encourages, or
provides instructional information about illegal activities.
- any software, information, or other material
that contains a virus, "Trojan Horse", corrupted data, or any
other harmful or damaging component;
- any raffle, contest, or game requiring
payment of a fee by participants.
- hate propaganda or hate mongering, or
fraudulent material or activity;
You are solely and fully responsible for the
content of your pages hosted by Symbiant and may be held legally liable for
such content. By submitting your pages to the Symbiant server, you represent
that the pages comply with Symbiant's Terms of Service.
We would like To be able to Promote you:
You grant to Symbiant and its affiliates for
the purposes of display on the Symbiant site only a royalty-free, perpetual,
irrevocable, nonexclusive, world-wide, unrestricted license (including the
right to grant sublicenses) to use, copy, modify, transmit, distribute, and
publicly perform or display the submitted pages for any purpose whatsoever by
means of any and all media; and you agree to indemnify and hold Symbiant
harmless from any loss, liability, claim, damage, and expense (including
reasonable lawyer's fees) arising from or related to the content, use, or
deletion of your Symbiant pages or use of any other Symbiant feature or
Symbiant disclaims ownership of member sites
and will not resell or otherwise convey these rights to any third party.
We will not give your personal information to
The personal profile information that you
submit to Symbiant remains your property, but by submitting that information
to Symbiant you grant Symbiant the right to use that information for internal
marketing. In addition, Symbiant reserves the right to release current or past
account information in the event Symbiant believes that the account is being
or has been used in violation of the Terms of Service or to commit unlawful
acts, if the information is subpoenaed, or when Symbiant deems it necessary or
We do see things sometimes:
Symbiant has no obligation to review pages,
message-board postings, or chat room statements in any way before those
materials appear on Symbiant's server. Although Symbiant does not actively or
regularly monitor the content of Symbiant members' pages, we reserve the right
to monitor, and to investigate any complaints regarding any content of
Symbiant members' pages, message-board postings, or any chat room statements
and to take appropriate action if Symbiant finds violations of these Terms of
We will take action:
In the case of any such complaint, Symbiant
reserves the right to remove the content complained of while the Symbiant
member and the complaining party attempt to resolve their dispute. This could
result in your page(s) being removed from Symbiant for as long as it takes to
resolve the dispute. Symbiant is not responsible for, and does not have any
liability for any loss of data, profit, or business resulting from our
deletion of any Symbiant member's page(s).
Symbiant is not responsible for the content of
any web pages hosted on our site the opinions and views expressed on such
page(s) do not necessarily represent those of Symbiant and Symbiant does not
verify, endorse, or vouch for the content of such page(s). Symbiant is not
responsible for the delivery or quality of any goods or services sold or
advertised through or on Symbiant members' page(s).
Symbiant makes no guarantee of availability of
service and reserves the right to change, withdraw, suspend, or discontinue
any functionality or feature of the Symbiant service. IN NO EVENT WILL
Symbiant BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE Symbiant's SERVICES OR ANY CONTENT THEREON.
THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER
FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF
PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN
OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE
FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORISED ACCESS
TO, ALTERATION OF, OR USE OF ANY RECORD.
Symbiant reserves the right to change or amend
these Terms of Service at any time and without prior notice. By submitting a
page to Symbiant or using any of our services, you signify your agreement to
our full Terms of Service. If you do not agree to these Terms, then please do
not create an account or purchase any of our products or services.
We maintain logs of the activities on our servers. We collect this information
to satisfy our own curiosity and to help judge the popularity of our Internet
offerings. We will never disclose this information to anyone outside our
company, except when given permission to do so.