Internet and Email terms of service
Terms and conditions
Clarks Computer Systems Ltd. do not provide web-hosting services. Sites and email management will be hosted by one of our preferred web-hosting suppliers.
Clarks Computer Systems Ltd reserves the right to refuse service and /or access to its servers to anyone. Clarks Computer Systems Ltd do not allow any of the following content to be stored on its servers:
Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Clarks Computer Systems Ltd.
We will endeavour to provide a continuous high quality service. If you experience problems with your service, you should consult your technical documentation to try and resolve the issue, if that fails contact your systems administrator and if that fails to resolve your problem, you can contact our help desk on 01344 872871 option 2 between 9am and 5:30 pm Monday to Friday excluding Bank Holidays.
Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services.
Reselling of Services
All accounts other than our Reseller Accounts are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting services of their website to other parties.
Web hosting services are defined as allowing a separate, third party to host content on the owner’s web site. Exceptions to this include ad banners, classified ads, and personal ads.
Scope of Services / Use / License
All rights of any kind in Clarks software, code or routines which are not expressly granted in this License are entirely and exclusively reserved to and by Clarks. You may not rent, lease, copy, distribute, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on Clarks software, code or routines, nor permit anyone else to do so. You may not make access to Clarks software, code or routines available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.
Unlimited use policy
High bandwidth usage: Clarks Computer Systems Ltd may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Clarks Computer Systems Ltd reserves the right to impose the High Resource User Policy for the consideration of all customers.
High resource use policy
Resources are defined as bandwidth, processor utilization or disk space.
When a website is found to be monopolising the resources available Clarks Computer Systems Ltd reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Clarks Computer Systems Ltd continues hosting the website for an additional fee.
Domain Name Registration And Renewals
Clarks or the web-hosting company accepted no ongoing responsibility for re registering the name or otherwise ensuring that it remains in force.
Clarks or the web-hosting company do not accept responsibility for any rights breaches caused by the registration in any form whatsoever or howsoever caused.
Virus Scanning of emails
In particular, there is no warranty for virus scanning feature. If this feature is enabled on the customers email management no guarantees whatsoever are given for the feature to work or give protection against computer viruses howsoever introduced into the system. (It simply runs external programs that claim to perform this function.) Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.
Website Hosting – Virus / Cyber attacks / unauthorised access
If we are hosting your website via one of our preferred 3rd party providers, the hosting fee is for rental space & minor support/enquiries. Any problems requiring significant time to investigate or rectify will be charged at our hourly rate. Please also note that no refunds will be given for any downtime in services, as although rare, these events can and do occur if for example, the hosting provider are undertaking essential maintenance work. Whether we host your site on our preferred partners site or your hosting is with another 3rd party, we cannot be held responsible for any virus’s attacking your site. Whilst we take measures to safeguard your site, it is something that can still happen. We will charge at our hourly rate to clean, recover and restore any website attacked by a virus or having been accessed by an unauthorised person or persons or by an automated system.
Clarks Computer Systems Ltd reserves the right to change prices of accounts or services at any time, although all pricing is guaranteed for the period of any prepayment. Payment is due within 30 days of the date of invoice. Customers will automatically be charged again at the end of their period unless closure notification has already been given in writing 90 days prior to the date of renewal.
In situations where payment has not been made within the 30 days stipulated Clarks Computer Systems Ltd reserve the right to immediately suspend the facility and services to the client until the outstanding charge is processed successfully. In addition, Clarks Computer Systems Ltd reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
All invoices will be sent directly to customers via post or email shortly after the purchase has been made. At this point the customer’ will be expected to pay within 30 days of the date of invoice.
All payment is in UK sterling.
Cancellation and refunds
Clarks Computer Systems Ltd reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Clarks Computer Systems Ltd’ terms of service a refund will not be issued in the event of a cancellation.
Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund unless the service is cancelled by Clarks Computer Systems Ltd. In addition some accounts incur set-up fees, these charges are also non-refundable.
Customers are required to give written confirmation 90 days prior to the cancellation the services provided to them by Clarks Computer Systems Ltd or any of Clarks Computer Systems Ltd third party providers.
Customer agrees that it shall defend, indemnify, save and hold Clarks Computer Systems Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Clarks Computer Systems Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Clarks Computer Systems Ltd against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Clarks Computer Systems Ltd’ server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Clarks Computer Systems Ltd’ server.
Clarks Computer Systems Ltd will not be responsible for any damages your business may suffer. Clarks Computer Systems Ltd makes no warranties of any kind, expressed or implied for services we provide. Clarks Computer Systems Ltd disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Clarks Computer Systems Ltd and its employees. Clarks Computer Systems Ltd reserves the right to revise its policies at any time.
Please note: by agreeing to use any of our services you agree to be bound by all Clarks Computer Systems Ltd terms and conditions.