Terms and Conditions

Definitions
"Client", "Customer", "The Site Owner" and "You": The company, individual, or party requesting the services of Mousehold Online Limited.

"Mousehold Online Limited", "The Company", "Us" and "We": Mousehold Online Limited.

General
By asking Mousehold Online Limited to undertake any service you agree to be bound by our terms and conditions irrespective of the mode or manner of ordering employed by the customer when ordering the services. We reserve the right to change our terms and conditions when necessary due to the continual evolving nature of our business. It is your responsibility to ensure that you are up to date with our terms and conditions which are available to view at www.mouseholdonline.com/terms

Unless stated otherwise within a quotation contracts run for a period of 12 (twelve) calendar months.

Domain Name Registrations
1. You must have the right to use the name which will form the prefix of the domain name and which will be issued by Mousehold Online Limited. By applying to register the domain name you warrant to us that you have that right.

2. By applying to register the domain name you agree to indemnify and to keep Mousehold Online Limited and its directors fully and effectively indemnified at all times against all costs, claims, liabilities, losses, damages, actions and expenses (including without limitation, legal expenses) arising directly or indirectly from the registration, renewal and/or any breach by you of any of these terms and conditions.

- Third Parties
Where Mousehold Online Limited use third parties to register domains on our behalf we have to submit to that third party's terms and conditions, which in turn the client agrees to. For example, when you register a .uk domain name you are also entering into a contract with Nominet and you agree to their terms and conditions published at http://www.nominet.org.uk/go/terms This is an example of a separate contract with a third party for the provision of internet services. Please ask to examine any third party contracts before you register your domain name. If you do not ask to examine any third party contracts it is assumed that you have researched them yourself and agree to abide by them.

Web Hosting
Mousehold Online Limited web hosting services are subject to scheduled and unscheduled outages which will impact your ability to use our services. We will use commercially reasonable efforts to restore the service after any unscheduled outages.

We shall not, in any event, be liable for interruptions of Service or down-time of the Server; System Performance Degradation.

Mousehold Online Limited depends upon its own and third party, including registry administrators, computer systems to provide the Services, and to provide timely information to Mousehold Online Limited. Occasionally, these computer systems are subjected to exceptional volumes of incoming data, service requests, processes, electronic mail messages, and/or WHOIS queries that result in significant degradation of system processing and response time. Regardless of the reason, in those instances when there is system performance degradation, The company reserves the right, in its sole discretion, to filter or block electronic messages, data and/or processes originating from or travelling to the identified sources of the high volume traffic. Mousehold Online Limited will attempt to selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. The company further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.

Mousehold Online Limited shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason.

In the event that the client purchases a data backup product we will endeavour to make backups of the data stored and make them available to the client in accordance with the specification of the data backup product. However Mousehold Online Limited does not warrant that any data will be backed up correctly, nor that any successful restoration of data will be possible.

The Services provided to you hereunder and your account with us can only be transferred or used by anyone other than you if we agree with the transfer and at our sole discretion. If your account is found to have been transferred to another party, or shows other activity in breach of this sub-clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

External Companies
Whilst Mousehold Online Limited recommends external companies to undertake services directly with our clients, no guarantees can be made as to the availability or interruption of these services by Mousehold Online Limited. Mousehold Online Limited cannot accept liability for losses caused by the unavailability, malfunction or interruption of these services, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Quotations and Payment of Accounts
A deposit may be required before any work is carried out. Quotations are valid for 60 days, and payment terms for work are 28 days unless agreed otherwise, after which late payment penalties and administration charges at our discretion will apply.

Assumptions have been made within quotations regarding your requirements. In the event that any of these assumptions are vastly incorrect, we reserve the right to amend the quotation after consulting you.

In the event that a project is delayed for more than 28 days due to factors within your control, we reserve the right to invoice for any work already carried out up to that point.

After work has been carried out and invoiced you are obliged to pay the balance of payment in full within 28 days. If accounts are not settled, access to the related service may be denied and the client agrees that if we do not have access the client will have the related service removed from the Internet at their expense within 7 working days if requested to do so by us.

Complaints Procedure
- Informal procedure
Anyone who experiences a problem with their web service provided by Mousehold Online Limited should raise the matter directly by emailing info@mouseholdonline.com to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

Mousehold Online Limited will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

- Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to Mousehold Online Limited, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

Law
Your rights and obligations and all contemplated by this Agreement shall be governed by English law and any action to enforce this Agreement or any matter relating the courts shall submit to the exclusive jurisdiction of the English Courts, with any court cases to be held within the boundaries of the county of Norfolk, UK.

Legal Fees - If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.

Other Products and Services
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. We cannot accept liablility for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

Mousehold Online Limited cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

The client agrees to make available as soon as is reasonably possible to Mousehold Online Limited all materials required to complete the site to the agreed standard and within the set deadline.

Any additions to briefs provided will be carried out at the discretion of Mousehold Online Limited and where no charge is made by Mousehold Online Limited for such additions, Mousehold Online Limited accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

Where applications or sites are developed on servers not recommended by Mousehold Online Limited, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

Mousehold Online Limited cannot take responsibility for any losses incurred prior to, after or during the use of any software created or installed for the client or any faults that occur on a server managed by Mousehold Online Ltd. Whilst every care has been taken to ensure products and services are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use and that their servers and backups are working properly.

Mousehold Online Limited will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Mousehold Online Limited will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Mousehold Online Limited will not be liable for costs incurred, compensation or loss of earnings due to the disclosure of information to third parties.

Mousehold Online Limited will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 8 and to an acceptable level with Mozilla browsers. Mousehold Online Limited can offer no guarantees of correct function with all browser software.

The client is expected to test fully any server maintenance, back-up system, application or programming relating to a service provided by Mousehold Online Limited.

Any scripts, applications or software (unless specifically agreed) written by Mousehold Online Limited remain the copyright of Mousehold Online Limited and may only be commercially reproduced or resold with the permission of Mousehold Online Limited.

Mousehold Online Limited will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of a website, its servers, software or any material provided by its agents.

Indemnity
You agree to defend, indemnify and hold harmless the company, its subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising out of or related to (i) your use of or connection to the Services, including, but not limited to, your application for, registration of, renewal of or failure to register or renew a particular Service registered in your name, (ii) your use of any domain name registration or other Service; (iii) your Content; (iv) your breach or violation of any term, condition, representation or warranty of this Agreement; (v) your violation of any rights of others; (vi) our web design, developement and web hosting services; (vii) our open source software installation services; or (viii) our server management services. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.

You additionally agree to indemnify, defend and hold harmless the applicable registry administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name.