Terms & conditions
So that everyone is clear of their responsibilities and obligations, to help projects run smoothly
Worthers is a trading name for the registered company Worthers Limited.
Customer refers to the specific Customer who has taken our services.
Agreement means this agreement entered into by and between Worthers and the Customer and is subject to both the terms set out in any quotation and those herein.
This Agreement comes into effect on receipt, acceptance and provisioning of an order from the Customer and shall continue unless terminated by either party giving the other not less than three months prior written notice, or unless terminated by Worthers subject to conditions in this Agreement.
Use of service
Worthers shall provide the Service to the Customer subject to the Agreement and subject to availability and shall exercise all due care in the provision and maintenance of the Service to provide high quality and reliability.
The Customer should not attempt to access the sites of other customers, and should not attempt to hinder the operation of our servers in any way. In this respect, Worthers reserve the right to refuse or cancel services to any Customer.
The Customer may not resell or give away disk space to any third party without written permission from Worthers unless they have been accepted into our Reseller programme.
Provision of service
Whilst every care is taken to ensure continued service and minimize disruption, the Customer recognises that the Service is not guaranteed to be "continuous" and that there may be periods of time when the Service is unavailable for operational or other reasons.
Worthers shall correct any failure or malfunction in the Service as soon as is reasonably practicable.
Worthers reserve the right to change the services and packages offered in any way without prior notice. If appropriate, Worthers will normally send out an announcement when changes are made.
Whilst we make every effort to keep to given dates, any date quoted for delivery of Services, installation or amendments of/to Services are approximate only and Worthers shall not be liable for any delay caused, unless agreed otherwise.
The Customer agrees that the named person or persons provided have full authority to direct and provide feedback relating to the services described in this Statement.
The Customer shall not use or allow use of the Service in any manner or for any purpose unlawful or offensive. The Customer’s web site must not contain material, or contain any link to material, which is pornographic, abusive, encourages gambling, hateful, threatening, discriminating, anarchism, terrorism, obscene, promotes hacking, piracy (including software, music and videos) and warez, or which encourages unlawful behaviour.
Worthers has sole discretion to determine whether a site's content is acceptable or not. Websites with unacceptable content will be removed from our servers; with no refund.
Worthers reserve the right to change prices without notice. Any change will only apply to renewals of subscriptions rather than the current period.
Worthers maintains control of all IP addresses that may be assigned to the customer and reserves in its sole discretion the right to change or remove IP addresses.
Login details and passwords
All login information, e.g. passwords, must be kept confidential. You may not make any password available to the public. This includes Mail and FTP passwords. You may not allow the public to access any of your Mail or FTP accounts as this causes an unacceptable security risk.
Backup of data
Worthers make daily and weekly backups of our customers’ accounts and data on all our shared servers. Data is also written to 2 or more hard disks at the same time. These backups are for disaster recovery in the unlikely event of a failure that destroys or corrupts data on all hard disks. We do not restore data from accidental deletion of files by a customer or script within a customers hosting account. If any other use of a backup is required, it is the responsibility of the Customer to make backups and copies of their web site data.
High resource usage scripts and programs.
If a customer installs and provides a resource-intensive script on our shared servers there may be an additional charge, or we may remove and/or prohibit execution of the script as we see fit. This includes chat rooms, IRC bots and also serving excessively large files. This is for the benefit of all our customers.
Spam (unsolicited bulk email)
Spamming, or the sending of unsolicited email, from Worthers servers is strictly prohibited. The Customer must not use an email address or domain name, which is hosted by Worthers to send unsolicited email. If Worthers decide that the Customer has violated this condition then the account will be deactivated immediately without refund.
Sites advertised through SPAM (unsolicited bulk email) or unsolicited newsgroup advertisements
Any website advertised in unsolicited bulk email or an unsolicited newsgroup placement may be deactivated immediately at our discretion. Please note that such advertisements are usually considered unethical by the Internet community and not tolerated by us.
Worthers is under no obligation to provide technical support to anyone other than the Customer and such technical support will only relate to products and services purchased from Worthers.
Worthers do not generally provide support for problems with your CGI programs, HTML code, or other web site content.
All Worthers authorised resellers will provide their own technical support to their customers.
The Customer shall pay for use of the Service according to Worthers's prices as amended from time to time.
Other than agreed advance payments Worthers shall invoice the Customer monthly or annually in advance for use of the Service and payment is due within the terms displayed on the invoice, unless otherwise agreed between the parties in writing.
Any sums owed by the Customer outside these payment terms shall attract an administration fee of £10 plus VAT and then interest of 0.2% per day thereafter.
All sums due to Worthers under the terms of the Agreement are inclusive of Value Added Tax at the current rate.
In addition to the payment of the agreed fee, the Customer will be responsible for reimbursing out of pocket expenses, such as courier costs, and travel expenses, not included in the Agreement. These extra costs will be agreed in advance with the Customer and invoiced separately.
For development projects that are quoted greater than £1000, we will require a stage payment process, the terms of which are agreed for each specific project.
Worthers owns all right, title and interest in Worthers’ trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function or operation of Worthers' products and services and of the hardware and software systems and resources necessary to provide the individual product or service elements of which they consist. This includes all centralized software developed by Worthers unless agreed otherwise.
Once this payment has been made and unless agreed otherwise, the Customer owns the rights to any design work Worthers undertake. The Customer also owns all data and content within their web site that they have provided or collected.
Limitation of liability
The Customer will fully indemnify Worthers against all costs, expenses, liabilities, losses, damages and judgements that Worthers may incur or be subject to as a result of any of the following:
The Customer’s misuse of the Service;
The Customer’s breach of this Agreement;
The Customer’s negligence or other act of default;
The Activities of third parties conducted on the Customer’s website using provided or Customer installed software including blogs, forums and chat.
Neither party shall be liable to the other under this Agreement in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits or anticipated savings or for any indirect or consequential or loss whatsoever.
The Customer agrees to indemnify Worthers against any claims, damages, losses, costs and expenses which Worthers may sustain or incur in relation to any content and materials which the Customer provides, such indemnity applying in respect of any claims for any breach of applicable law or regulation or any infringement of any intellectual property rights.
Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.
Neither party shall be held to be in breach of its obligations under the Agreement, except from obligations to make payments under the Agreement, to the other party for any loss or damage which may be suffered by the other party due to any cause beyond the reasonable control of the first party including but not limited to any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute, or labour disturbance, act or omission of Government authorities, war, military operations or riot.
Refusal of service
Worthers reserve the right to refuse or cancel any service at our sole discretion.
If the Customer breaches any of the above terms and conditions Worthers reserve the right to deactivate and/or remove the account from our servers immediately.
The Agreement shall be governed by and construed and interpreted in accordance with English Law and the parties hereby submit to the jurisdiction of the English Courts.
Data ProcessOR AGREEMENT
As a client you may be a Data Controller and we may process personal data on your behalf. In this case under GDPR requirements you are required to put in place a Data Processor Agreement on how we should process your data. To assist with this we have added a general Data Processor Agreement Appendum to our Terms & Conditions. If you require any provisions outside of this you will need to contact us.