Godwin Stewart trading as

Terms & Conditions

1) CONTENT

1-a) The Client may publish the content of his or her choice with the following exceptions: defamatory content, content advocating racial or religious hatred, content of which the use may interfere with the proper functioning of the user's computer or that of the computer of a third party, content that is illegal in the United Kingdom, in the United States (where the servers used by Horwich IT Services are geographically located) or in the Client's locale, and, in the case of content covered by copyright, content of which the Client is neither the copyright holder nor in possession of written permission granted by the copyright holder. The Client takes full responsibility for the content of the site, in particular in the event of action taken against Horwich IT Services for content on the Client's site or for an electronic format that the Client is not authorized to use.

1-b) Any content unsuitable for minors must be password-protected. Passwords may only be supplied to users who declare that they are of legal age to view the protected content, that it is legal to view such content in their locale, and that they accept full responsibility in the event of action taken against the Client and/or Horwich IT Services because of passwords being provided to visitors not of legal age.

1-c) Horwich IT Services reserves the right to delete from the the Client's site any element of which it is obvious that it does not comply with articles 1-a and 1-b above, with a verbal warning to the Client for the first offence, a written warning for the second, and termination of services and the billing of administrative fees of up to £400 in the event of a third offence.

1-d) Article 1-c above implies that Horwich IT Services' access to the server must not be hindered by the Client. Thus, the Client agrees to notify Horwich IT Services of any change in the password used. A change of password not brought to the attention of Horwich IT Services will result in termination of services and the billing of administrative fees of up to £400.

2) SPAM

2-a) Definitions: The sending of identical or similar messages to two or more e-mail addresses is considered an "e-mailing".
Messages sent in an "e-mailing" are considered "spam" if tangible proof cannot be produced that the recipient both expressed a wish to receive said messages and confirmed that he or she is indeed the authorized user of the e-mail address in question.
Tangible proof is: a copy of the confirmation e-mail including headers or an extract of the web server log proving the opt-in and the confirmation. See article 2-b. A signed declaration is not considered tangible proof.
The act of sending spam is called "spamming," and the pieces of spam sent out are known collectively as a "spam-run."

2-b) Mailing list management: The Client must ensure that the e-mail addresses to which e-mailings are sent belong to individuals wishing to receive list traffic. In order to do so, the Client agrees to use the "Confirmed Opt-in" method described in the annex. All confirmations must be performed by the Client. The Client may not buy or rent lists of e-mail addresses from third parties.

2-c) The Client may not use the resources put at his disposal by Horwich IT Services for spamming.

2-d) The Client may not use the resources put at his disposal by Horwich IT Services in order to host documents advertised in a spam-run sent using the resources of a third party.

2-e) Any evidence of intentional spamming will lead to the termination of services to the Client and the billing of administrative fees of up to £400.

3) SUBSCRIPTION AND CANCELLATION

3-a) The subscription of services does not bind the Client to Horwich IT Services for any set length of time. The Client may cancel the subscription at any time.

3-b) Hosting fees shall be paid every three months, or every year, at the beginning of the period being billed.

3-c) In the event that the Client cancels the subscription before the end of the current billed period, Horwich IT Services shall reimburse the Client prorata temporis.

3-d) In the event that Horwich IT Services cancels the subscription invoking articles 1-c, 1-d and/or 2-e above, the hosting fee is forfeit and administrative fees of up to £400 (four hundred pounds) will be charged.

3-e) Non-payment of hosting fees more than two weeks after the beginning of the period being billed will lead to the Client's access to the server being revoked and the site being deprioritised. Non-payment of hosting fees more than four weeks after the beginning of the period being billed will lead to suspension of services to the Client. Services suspended will be reinstated as soon as payment is received.

4) RETURNS POLICY

Horwich IT Services does not deal in tangible goods. There can therefore be no Returns Policy since there are no goods to return in the first place. In the event of work carried out by Horwich IT Services not being in compliance with the specifications originally agreed with the Client, and provided the Client brings the problem to the attention of Horwich IT Services within two weeks of the handover date, a full refund of any fees paid will be possible. Partial refunds will be possible beyond the two week mark.