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The following terms and conditions apply to all services provided by Esthetig Ltd. This document together with any contract and all of the appendices make up our complete Terms and Conditions.

Throughout these terms and conditions, Esthetig Ltd. will be referred to simply as Esthetig or ‘we’ and any person, firm or company ordering or using our services will be referred to as: ‘customer’, ‘you’, ‘your’, ‘account holder’ or ‘user’.

Esthetig Ltd. Is registered in England and Wales as a Private Limited Company, registration number: 6112562, registered office: Bethel, 26 Tan-y-Fron, Deganwy, Conwy, LL31 9YN.

Esthetig Ltd. Currently trades using the following websites: esthetig.com, esthetig.UK, northwalespcrepair.com, quickbuildsites.com.

Our normal hours of trading are Monday-Thursday: 08:30 to 16:30, Friday 08:00 to 16:00. We do not normally trade on a weekend or bank holidays. We also close the Christmas holiday between 23 December to the first working day of the following January.

Acceptance

It is not necessary for any customer to have signed an acceptance of these terms and conditions for them to apply. If a customer accepts a quotation by electronically signing a contract or making a payment to Esthetig then the customer will be deemed to have accepted these terms and conditions in full. Payment online is an acceptance of our Terms and Conditions.

Esthetig sends all contracts in .pdf format via Adobe’s signing service. Adding your name to the contract electronically confirms your acceptance of the contract and these terms and conditions. The customer agrees that the contract and these terms and conditions with all appendices constitute the whole document.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Further continued use of our website implies that you fully accept and agree to our website terms and conditions found, at https://esthetig.com/terms-and-conditions/ and our privacy policy, found at https://esthetig.com/privacy/

Privacy Statement

We are committed to protecting your privacy. Authorised employees of the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible. For more details and details of our cookie policy see our Privacy Policy, found at https://esthetig.com/privacy/.

Confidentiality

We conform to the Data Protection Act 1998 and as such, any information concerning the customer and their respective records may be passed to third parties. However, customer records are regarded as confidential and therefore will not be divulged to any third party, other than our suppliers and if legally required to do so to the appropriate authorities. We do not store credit card details nor do we share customer details with any 3rd parties. Customers have the right to request sight of, and copies of any and all customer records we keep, on the proviso that we are given reasonable notice of such a request. Customers are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue customers with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by Esthetig will only be in connection with the provision of agreed services and products.

Information Update

It is the customer’s responsibility to make sure that all contact details are up to date. This can be done by emailing Esthetig with any changes or log into our billing system and making the necessary changes to your account details. Failure to do so may result in termination of service if Esthetig is unable to contact you.

Technical Support

Technical support for all of our services is offered free during our normal office hours by telephone, live chat, ticket system and email. Outside office hours’ email, voicemail and ticket system is available. We do not offer computer repair or any alterations, updates, upgrades or changes whatsoever to any website via our technical support service, its purpose is to provide support for any issues that may arise.

Charges

All prices are as seen and do not include VAT. Charges for services to be provided by Esthetig are defined in the project quotation that will be received by email.

Esthetig reserves the right to amend its prices from time to time with or without notice.

All quotations are valid for 30-days. We reserve the right to alter or decline to provide a quotation after the quotation has expired at the end of the 30-day period.

The price quoted to the customer is the work agreed to the contract only. Should the customer decide that new features are required after the work on the website commences, then Esthetig will accept these changes with the provision that additional charges will have to be negotiated and accepted by the customer before the additional work can be done, additional time will also need to be added to the project completion date.

Unless agreed otherwise, the fee will be paid in two payments, this first 50% of the total amount is payable at the start of the project. The remaining 50% will be required upon completion of the work, prior to the new site being uploaded to the server or materials being released.

Payment for services is due by bank transfer, PayPal or debit/credit card. Esthetig cannot accept cheques for the payment of any of its services. Bank details are provided on all invoices.

Minimum charges

For all web work including search marketing, there is a minimum charge of 30 minutes. All our work is charged at 30-minute intervals, rounding up to the nearest 30 minutes.

Payment

All payments shall be made in Pounds Sterling (GBP).

Esthetig does not offer any form of credit; all invoices must be paid upon receipt

In the case of web design and development work, Esthetig will provide you with two invoices, one before the start of the project for 50% of the agreed project cost, this invoice is payable immediately and the project will not commence until this invoice has been settled.

A second invoice will be provided when the project is complete and is due for immediate payment. The project will not be placed on live servers until payment of this second invoice has been received in full.

For all other services provided by Esthetig Ltd, you will be provided with a single invoice for the full cost of the service.

Invoices are normally sent via email; however, you may choose to receive hard copies by requesting these from our office.

Computer services are normally paid for at the end of the engineer’s visit.

If any overpayment is made, this will normally be held on your account as a credit, unless you request full payment.

Additional Expenses

The customer agrees to reimburse Esthetig for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock images etc.

Default

Accounts unpaid thirty days after the due date of the invoice will be considered as default.

Any payments returned due to insufficient funds will immediately place the customer’s account in default until full payment is received.

Customers with accounts in default agree to pay Esthetig reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Esthetig in enforcing these Terms and Conditions.

Invoice Process

Esthetig will send the customer an invoice in good time to ensure the invoice can be paid by its due date.

Three days before the due date, Esthetig will send you an invoice.

One day before the due date, Esthetig will send you a reminder that you need to pay the invoice by the due date.

Seven days after an invoice is due, Esthetig will send the first reminder warning that payment is overdue and should be paid immediately.

Fourteen days after an invoice is due, Esthetig will send a second reminder that payment is overdue.

Twenty-one days after an invoice is due, The customer’s account will be suspended and Esthetig will send you a third and final invoice payment reminder. At this point, you will be assessed a service charge of the greater of £10 or 8% plus the prevailing Bank of England base rate, or the maximum allowed by law every month that the invoice remains unpaid.

Thirty days after the due date of the invoice, The customer’s account will be terminated at this point. You will still remain liable for the amount outstanding plus the service charge for every month the account remains unsettled. If necessary, we reserve the right to seek repayment through necessary court processes.

Computer Repair

Normally, there is no invoice process for one-off computer repairs as these are paid to the engineer at the end of the visit.

Delivery policy

Esthetig sells web design and development services, we do not sell any physical products.

Domain names and hosting purchased through our website will be available within 48 hours of purchase subject to Nominet and ICANN in the case of domain names.

Any hosting purchased through our website will be available on the next business day upon receipt of cleared funds.

We anticipate that the average website will take between 4 and 6 weeks to develop. However, not all websites are average. We will provide you with a more accurate estimate of the work for your particular website once we receive your order.

Refunds and Cancellation

Your statutory rights are not affected by any of our terms and conditions. Customers are eligible for a 14-day cooling off period for non-bespoke products.

Unlimited Hosting has a 30-day money back guarantee – see unlimited hosting section.

Bespoke products are anything that has been customised to the customer so cannot be re-sold.

An example of bespoke products is Domain names, logos, bespoke websites. Due to their nature, this means that they are non-refundable.

When offering a refund, we reserve the right to reduce the refund by the value of themes, templates, images, stock photos and other items that are non-returnable that have been purchased on your behalf.

Refunds are normally added to an account as a credit. Refunds by any other means must be requested

Termination

Termination of services by the customer must be requested in a written notice and will be effective on receipt of such notice. Requests for termination of services must be in writing either by email or letter, telephone requests cannot be accepted. The customer will be invoiced for design work completed to the date of the first notice of cancellation for payment in full within thirty days.

Where Esthetig terminates a customer’s account any outstanding monies on the account will remain payable and will result in Esthetig seeking repayment of the outstanding monies and reasonable expenses through the courts.

Any hosting accounts that the customer has that are terminated will result in loss of data and the customer’s website. Esthetig is not responsible for this loss and it is up to the customer to ensure they have backups of all their data, emails and website and any other files held on our servers.

Transferring your website to another company

If you have your website hosted by us and wish to transfer to another host, Esthetig is happy to help with this, with the following provisions. If your website has been designed by us, we require your site to be hosted for a minimum of twelve months on our servers. If there is any outstanding balance on your account, we cannot allow the transfer until the account is fully paid.

If the website has been designed by us, we will require you to sign an additional contract to ensure our intellectual property remains with us. In most cases, we can provide you with a copy of your website but this may be in a compiled format so our source code is not replicated or misused.

Any warranties or guarantees we have given you will end as soon as the website is transferred to your new host.

Indemnity

All Esthetig services may be used for lawful purposes only. You agree to indemnify and hold Esthetig harmless from any claims resulting from your use of our service that damages you or any other party.

The customer agrees to defend, indemnify and hold harmless Esthetig and any third-party appointed by Esthetig as its agent and any of Esthetig’s officers, directors, employees, representatives, agents, affiliates, from and against any claim, action, suit, demand, loss, damages, costs (including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the use of any of Esthetig’s services.  This indemnification is in addition to any indemnification required from time to time by Esthetig.

The customer also agrees that in the event of disputes arising with any third-party, the customer shall indemnify and hold Esthetig harmless pursuant to the terms and conditions contained in these terms and conditions.

Copyright

Esthetig will hold the intellectual copyright of any material, including any source code and original images created for the customer until payment of the final invoice. It will then become the property of the customer.

The customer retains the copyright to data, files and graphic logos and images provided by the customer and grants Esthetig the rights to publish and use such material.

The customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The customer accepts full legal responsibility for ensuring that any materials such as images, text, animations etc. they provide Esthetig does not infringe any copyright.

The customer is further responsible for granting Esthetig permission and rights for use of the same and agrees to indemnify and hold harmless Esthetig form any and all claims resulting from the customer’s negligence or inability to obtain proper copyright permissions.

The acceptance of the contract by electronic signature or payment of the first invoice for website design and/or placement shall be regarded as a guarantee by the customer to Esthetig that all such permissions and authorities have been obtained.

Evidence of permissions and authorities may be requested.

The customer agrees to provide Esthetig with any attribution that the copyright holder requires so this can be added to the website in the manner the copyright holder requires.

Certain images provided by Esthetig in the construction of the website may have been purchased under licence from stock image suppliers. These images are generally only licenced for use on a single website and may not be used in publicity material unless otherwise agreed with the copyright holder.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any ‘Act of God,’ terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural man made eventuality outside of the control of Esthetig, which causes the termination of an agreement or contract entered into to, nor which could have been reasonably foreseen. Any party affected by such event shall inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained in these terms and conditions and contract with which they form a complete document.

Governing Law

This agreement shall be governed by English Law in the courts of England and Wales.

Liability

Esthetig hereby excludes itself, its employees and or agents from all and any liability from:

  • Loss or damage caused by an inaccuracy
  • Loss or damage caused by omission
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website
  • Loss or damage to customers’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise

The entire liability of Esthetig to the customer in respect of any claim whatsoever or breach of this agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services under this agreement which, with any contract document, forms the complete agreement in respect of which the breach has arisen. The customer agrees that Esthetig’s total liability under these conditions will not exceed the total amount of fees paid by the customer to us for this project.

We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever. Furthermore, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any website from one of our servers. All damages shall be limited to the immediate termination of service.

For our computer services, Esthetig’s liability of any kind with respect to the services including any negligence or delay in delivery of service on its part, or loss of equipment or media, shall be limited to the fee charged for services rendered.

The customer must be aware of the inherent risks of damage to media or equipment that is involved when undergoing data recovery or computer repairs, including without limitation, risks due to destruction or damage to the media or equipment and/or data stored and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of Esthetig.  The customer agrees not to hold Esthetig responsible for any damage or loss of equipment or media or data.  In case of any damage or loss to the original media or equipment, the liability of Esthetig shall be limited the fee charged for the services rendered.

The maximum aggregate liability of Esthetig to the customer whether in contract, tort or otherwise for any direct loss or damage including to tangible property suffered by the customer as a result of any default of Esthetig shall be limited to an aggregate to the lesser of £100 or an amount equal to the sums paid by the customer in respect to fees charged for the services rendered.

Esthetig shall not be liable to the customer whether in contract, tort or otherwise and even if foreseeable by or in the contemplation of Esthetig for any loss of profits, business, revenue, goodwill or anticipated savings, whether sustained by the customer or any other person.  Esthetig shall not be liable to the customer whether in contract, tort or otherwise for any special, indirect or consequential loss whether sustained by the customer or any other person.

Any advice or recommendations given to the customer by Esthetig or its employees or agents as to storage, application, use or preference of the goods which is not confirmed in writing by Esthetig, is followed or acted upon entirely at the customer’s own risk  and accordingly Esthetig shall not be liable for any such advice or recommendation which is not so confirmed.

While Esthetig will make every effort to preserve the integrity of any equipment under repair, the customer agrees not to hold Esthetig responsible for any accidental damages to the equipment in its possession including, but not limited to surface scratches, deformations and cracks.

Representations and Warranties

The customer represents and warrants that all information provided in connection with services provided by Esthetig are accurate. The customer acknowledges and agrees that all services provided by Esthetig to the customer are on an “as is” basis.  Esthetig makes no representations or warranties of any kind, express or implied, in connection with this agreement or any service provided by Esthetig, including but not limited to warranties of merchantability or fitness for a particular purpose.

Severability

In the event any one or more of the provisions of this agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this agreement shall be unimpaired and the agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable, valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

Violations

Violations of these terms and conditions should be referred to support@esthetig.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Breach and Revocation

Esthetig reserves the right to suspend, cancel, transfer or modify the customer’s usage of Esthetig’s services in the event that the customer materially breaches this agreement. The customer or guests on their premises are physically or verbally abusive to our engineers – we always report such offences to the police. The customer uses any service provided by Esthetig in connection with an unlawful activity.

Grounds arise for such suspension, cancellation, transfer or other modification as provided in this agreement.

The customer acknowledges and agrees that

  • providing inaccurate information
  • Failing to update information promptly
  • Failing to respond to Esthetig’s inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request

Shall constitute a material breach of this agreement and will be sufficient basis for cancellation of services provided by Esthetig.

Complaints

We like to think we get it right all the time, every time but the truth of it is everyone gets it wrong from time to time. We can only improve our services with valid feedback from our customers. If you wish to make a complaint about a service you have received, please submit an email to us at support@esthetig.com including as much detail from the issue you have. We will acknowledge your complaint within one business day and aim to resolve any issues within five business days.

Cooling Off Period

The purchase of goods and services over the internet, by phone or by mail order generally is subject to the Distance Selling Regulations. One of the most important implications of these regulations is a cooling off period of fourteen (14)days during which the customer have the right to cancel. The customer must provide notice of cancellation in writing and it must be posted to, or emailed to Esthetig, and the customer must ensure this is done no later than fourteen (14) working days after receipt of goods or services.

Notification of Changes

Esthetig reserves the right to change these conditions from time to time as it sees fit and with or without prior notice. Your continued use of our services will signify your acceptance of any adjustment to these terms.

Web Design & Development terms

Customer Review

Esthetig will provide an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed on a test server for the customer to review the work. Such materials will be deemed to be accepted and approved unless the customer notifies Esthetig otherwise within ten days of the date the materials are made available to the customer on the test server.

Turnaround time and content control

Esthetig will install and publicly post or supply the customer’s website by the date specified in the project contract, or at a date agreed with the customer upon Esthetig receiving the initial payment, unless a delay is specifically requested by the customer and agreed by Esthetig.

In return, the customer agrees to delegate a single individual as a primary contact to aid Esthetig with progressing the project in a satisfactory manner.

During the project, Esthetig will require the customer to provide website content (text, images, movies, sound files etc.) in a timely fashion.

Failure to provide required website content

Esthetig is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame and we are delayed as a result, we reserve the right to put the project on hold. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do so within two months of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.

Content format

Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agree website pages. Photos and other graphics should be delivered to us in as large a format as possible, we can make a cloud drive folder available to send these files in required.

Using your new websites content management system, you are able to keep your content up to date yourself.

Standard Media Delivery

Unless otherwise specified in the project contract, this agreement assumes that any text will be provided by the customer in electronic format (ASCII text files delivered via email, FTP, DVD or cloud drive) and that all photographs and other graphics will be provided in a high quality format in .gif, .jpeg, .png or .tiff format.

Although every reasonable attempt shall be made by Esthetig to return to the customer any images or printed materials provided for use in creation of the customer’s website, such return cannot be guaranteed.

Web Browsers

Esthetig makes every effort to ensure websites are designed to be viewed by the majority of visitors, we design all our websites to be responsive. Websites are designed to work with the most popular current browsers (e.g. Google Chrome, Firefox, Internet Explorer 10 and above etc.), devices and screen sizes. The customer agrees that Esthetig cannot guarantee the correct functionality with all browser software across different systems.

Esthetig cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the customer, or old versions of browsers (we do not support Internet Explorer below version 9 as part of this contract). As such, Esthetig reserves the right to quote for any work involved in changing the website design or website code for it to work with updated (or older) browser software.

Mobile Devices

We endeavour to ensure your site adapts to the screen resolution being used to view it on the most common mobile devices available at the time of the site creation. However, new devices and technology are introduced at frequent intervals and we cannot guarantee the site will always function perfectly on new devices that are created and launched after the site goes live.

Design Credit

A link to Esthetig will appear in either small type or graphic at the bottom of the customer’s website. If a customer requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When the total development charges are less than £5000, a fixed fee of £500 will be applied. The customer also agrees that the website developed for the customer may be presented in Esthetig’s portfolio.

Access Requirements

Normally, websites created by Esthetig will be installed on our hosting servers.

However, the customer can request that the website is to be installed on a third-party server. In this case, Esthetig must be granted temporary read/write access to the customer’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources, might also be needed to be configured on the server.

The customer is strongly advised to make use of Esthetig’s servers for ecommerce and content management systems. In addition to the standard cloud servers, Esthetig can provide VPS and Dedicated Servers.

Post Placement Alterations

Esthetig cannot accept responsibility for any alterations caused by the customer or a third party occurring to the customer’s pages once installed. Such alterations, include, but are not limited to additions, modifications or deletions.

Completion of Work

The website is provided to and accepted by the customer as a fully functioning, completed work. By paying the final invoice the customer is agreeing for the site to go ‘live,’ the customer is accepting that they have checked and are fully satisfied with the site.

Any future structural or design changes to the site may require the issuing of a new contract.

At the completion of the project the customer can request the entire project to be made available on DVD to ensure you have a backup of the site at the point of it going live. Esthetig cannot guarantee to keep copies of website files once the website has gone live.

Esthetig are not by default responsible for the customer’s on-going website promotion unless the customer has a full search engine marketing agreement in place with Esthetig.

A web design contract does not normally include full search engine marketing agreements. If the customer requires the site to be promoted on an ongoing basis a separate contract must be agreed with Esthetig.

The order in which websites are ranked in the search results is controlled by the search engines. Esthetig will endeavour to ensure that your site is successful in the search engine rankings through a carefully optimised design.

However, search engines frequently change their retrieval methods and the customer accepts that Esthetig cannot be held responsible for rankings under this contract.

Third party alterations of your website

Should you wish for another web agency or individual to be involved in the technical aspects of your website or add new sections (instead of us) then the following terms apply:

Should you wish for us to collaborate with the other agency or individual you have employed and wish for us to manage the technical aspects and integration with the work we have produced for you, then we can maintain your websites warranty in most cases.

However, in most cases, should you wish for another company or individual to work on the technical elements of your website or the administration system then this will void your websites warranty with us. We can’t provide our warranty if third parties are involved in the technical aspects as we can’t warranty aspects we don’t have control of. So we would recommend working in collaboration with any third party web agencies and managing the integration with the work we have produced so that we can maintain your warranty.

Should the other company or individual you employ require our assistance or time (e.g. implementing work you have contracted them to do), we reserve the right to charge you at our standard hourly rate for this time. These are costs we have to cover.

Third Party Hosting

If the website is to be hosted by a third party, then the customer accepts that we have no control over the server performance, security or backup policies on that server and the customer agrees that we have not responsibility or requirement to compensate for any loss of revenue or damage to reputation caused by poor performance, malicious behaviour on the website, downtime or data loss as a result of the customer’s third party hosting platform and backup strategy.

If the customers require Esthetig to repair or restore a site on an external host, then additional fees will be payable. We cannot always guarantee to successfully restore a customer’s website to a third party host as we will not have the up to date files for the website and cannot guarantee to have retained any copies of the website whatsoever.

Esthetig provide R1CDP Daily Backups, the customer can request their site be restored to any day within the previous seven-day period. Esthetig cannot make any guarantee that this restore will be successful in any way. If the restore process results in any loss of data, the customer agrees to not hold Esthetig liable in any way.

Digital Marketing Terms

Esthetig offer a digital marketing service that a customer can purchase in addition to the other services they may have with Esthetig.

The customer agrees that:

  • No other SEO or digital marketing company is working on your site while you have a search engine marketing agreement in place with Esthetig
  • You or anyone else won’t use any “black hat” techniques, including but not limited to exchanging links with link farms, use spamming or SEO techniques, or otherwise do any online activities that may cause your site’s search engine ranking to drop
  • Your site is not hosted with a free hosting service but on a paid hosting service such as shared hosting, VPS or dedicated server
  • You give Esthetig the authority to submit your site to wherever we feel necessary

All digital marketing work to be carried out will be set out in a separate search engine marketing contract.

Payment for digital marketing is in two parts, there is an initial setup fee and an ongoing monthly maintenance element. Our standard payment terms also apply to our digital marketing service.

Work will commence on the digital marketing service once full payment of the setup fee and the first month’s maintenance fee have been received.

There is no minimum term for the digital marketing service and the customer can stop the monthly maintenance fee at any point. However, once work has started on the setup of the service we cannot refund the setup fee. If the monthly payments are stopped, any previous payments will not be refunded and all search engine marketing work will stop. This may have a negative effect on your site’s performance within the search engines.
All payments to Esthetig with regard to the digital marketing service are non-refundable.

Esthetig will need to edit your site in order to carry out out site optimisation work, the customer agrees to provide all access required in a timely fashion.

Esthetig will attempt to increase the rank of your website on the various search engines. However, we make no guarantees that we can do this. Your monthly payment covers the time used to help increase your website ranking.

Esthetig does not offer any guarantee of position on the search engines.

The customer agrees that Esthetig cannot be held financially liable in anyway with regard to your website ranking on the search engines.

Esthetig cannot be held responsible for anything adversely affecting the customer’s business operation, sales, or profitability that might be claimed is a result of our digital marketing service.

If Esthetig must create any accounts for the work to be carried out, every effort will be made to ensure the customer’s email address and the new password is provided to ensure the customer has complete control over the account.

If any strange emails, phishing requests or fake emails are sent during the course of the digital marketing service you will report them immediately to Esthetig. You agree to not open the email or any attachments and not to respond to these emails.

Domain Registration Terms

Domain Names

Esthetig may purchase domain names on behalf of the customer. Payment and renewal of those domain names is the responsibility of the customer. The loss, cancellation or otherwise of the domain name brought about by non or late payment is not the responsibility of Esthetig. The customer should keep a record of the due dates for payment and ensure that payment of Esthetig’s invoices are received in good time before the renewal date.

All domain names ending in .uk are registered in accordance with Nominet’s terms and conditions as well as Esthetig’s. These terms and conditions can be found at http://www.nominet.uk/resources/policy/policies-rules/ otherwise domains are registered in accordance with ICANN’s terms and conditions as well as Esthetig’s, these can be found at https://www.icann.org/resources/pages/terms-conditions-2012-02-25-en.

All domains are renewed on an annual basis. We will necessarily send out reminder emails in advance of the renewal date. If you no longer wish to renew the domain, you must inform us in writing no later than one month prior to the renewal date of the domain name. Failure to do so will result in you being charged for an additional year’s registration fee.

After a domain has been cancelled you will have up to 30 days (protected period) after to renew the domain name at our current renewal fee. Please contact us for our current renewal fees for your domain name. After 30 days your domain will be suspended and will go into a 60-day grace period which you can still renew your domain name but with an additional redemption fee of £100. This must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar. We will not guarantee the renewal of a domain name. Domains will only be considered for transfer once all balances have been settled on your account, we will not charge you for transferring a domain(s) away to another registrar’s tag.

Free Hosting Account

All domain names come with a free starter hosting package that includes a free SSL certificate, 1 mailbox, 1 FTP account, 1 MySQL database, with various free features. We reserve the right to change what is free and how much disk space and bandwidth is available at anytime. The free hosting provided with a domain only applies to a starter hosting package. This is only included when purchase a domain name and isn’t available as a separate item. This offer isn’t available to domains that have already been purchased from Esthetig and are renewing and is valid on new domain names purchased from 23 April 2017.

Refund Policy

Unfortunately we cannot refund domain registration fees as the domain is registered to you for up to a minimum of 24 months.

Unlimited Hosting Terms

Hosting Service

Unlimited Hosting means Unlimited Web Hosting (Linux) and Unlimited WordPress Hosting.

Esthetig’s standard hosting packages are not managed hosting services. If you require managed hosting, please request a quotation and a contract to cover the services you require.

The customer isn’t tied into a contract for our hosting service. The customer is free to cancel whenever they wish without penalties or quibbles. Where a customer cancels the hosting service, Esthetig cannot offer any refunds for any hosting fees paid up to and including the date of cancellation. At Esthetig’s discretion, we may refund unused fees if the customer has paid more than one month in advance.

Esthetig hosts all customer websites on our shared Cloud Hosting Servers. Cloud Hosting Servers are normally faster and more responsive than standard shared hosting.

Esthetig offer all new customers our unlimited cloud hosting service. See our website for more details what is included with this service.

Existing customers on older hosting packages can apply to be upgraded to Esthetig’s unlimited hosting service at any time.

We are able to provide customers with VPS or Dedicated Servers if required. These will need a separate quotation and contract.

All hosting services provided by Esthetig may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United Kingdom laws or international treaties is forbidden. This includes but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute.  Esthetig reserve the right to refuse, without giving a reason, to host or continue to host any website that is used for any purpose that Esthetig considers to be offensive also, we will not host websites that carry any adult services. The customer agrees to indemnify and hold harmless Esthetig Ltd from any claims resulting from the use of the service which damages any party.

If your account is found to contain illegal activity, illegal MP3 files, pirated software, hacker programs, warez programs, or any other illegal files, your account will be suspended immediately. Failure to remove the offending content will result in your account being terminated – no refunds will apply. Additionally, Esthetig will notify the relevant authorities of your actions.

By hosting their website with Esthetig, the customer agrees to ensure they use a strong password policy for all logins and email accounts held on their account. The customer agrees that all passwords will have a minimum of 10 characters and have a mixture of upper and lower case letters, numbers and non-alphanumeric characters (special characters such as: ! $ # %), the password must not be a noun or any recognisable word. Esthetig strongly recommend using the password generator built in to the customer’s cPanel. Failure to comply with this password policy will result in the customer being held responsible for any loss of any confidential data.

Bandwidth/Disk space Usage

We operate an ‘unlimited’ service, meaning we do not actively limit your account on disk space or bandwidth. However, this is subject to fair use and any customer using an amount of monthly bandwidth or disk space deemed excessive in comparison to the average use by other customers on our platform may, at our discretion, be advised to upgrade to a bespoke solution and billed accordingly.

Customers on older hosting agreements are subject to disk space and bandwidth restrictions. We will upgrade your hosting account to an unlimited service if you wish, simply contact us and we will sort it for you.

We provision very large disks for our shared platforms, but no physical or virtual server can have an “unlimited” disk size due to limitations in both hardware and software. We will not let this hinder your usage, but it will mean that if you are operating a large account we may require that your account is move to a server where it can be more easily accommodated without affecting other customers, or that your account is split over several shared servers. We would not charge for doing so and would always provide the information and tools necessary for you to operate your service. However, refusal to co-operate with an account move request will result in account suspension and/or termination as we must ultimately ensure platform stability and service delivery at all times.

Bots

We do not allow bots to be operated on our shared hosting servers.

Server abuse

Any attempt to undermine or cause harm to a server or customer or Esthetig Ltd is strictly prohibited. As our customer you are responsible for all your accounts. If you violate these Terms and Conditions, your account will be cancelled without any chance of a refund.

Refusal of service

We reserve the right to refuse, cancel or suspend service at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of Esthetig Ltd must adhere to these Terms and Conditions.

Hosting Account Billing

We will deliver an invoice by email once a month for services to be rendered in the forthcoming month. Normally, we expect all hosting accounts to be payable by monthly direct debit. Once we receive payment, we will send you a receipt for that payment on the invoice generated.

Whether your hosting account is paid for by direct debit or another means, it is the customers responsibility to ensure it is paid by the due date. We shall be entitled to immediately terminate this agreement for a customer’s failure to make timely payments. We do not record or store customers credit/debit card data but you are able to set up recurring billing through our payment partners (currently GoCardless and PayPal) to allow us to take payment for invoices as they become due. It is your responsibility to ensure that you have sufficient funds to cover any transactions. Failure to make payment will result in up to three overdue notices being submitted to you before your account is suspended and/or terminated. Accounts suspended for non-payment are liable for termination without notice.

Money back guarantee and refund policy

We offer a 30-day money back guarantee on our hosting service.

You can cancel at anytime within the first 30-days from the date of purchase and receive a full money back guarantee from the date of purchase, provided the service has not been used in any way.

Unless we receive notification by email or, in writing a minimum of 7-days before the end of the contract period, we will automatically renew your hosting account.

Refunds

For rolling monthly renewable contracts, you can cancel at anytime. But, a full refund of the first month’s fee will be payable if the service has not been used in any way. After the first month, we cannot refund any part month payment and cancellation will take place at the end of the contract period.

For annually renewable contracts, after the first 30-day period, during which you will receive your money back if you haven’t used the service in any way, we will refund full, unused month’s payments to you.

For January 2017 12 months for the price of 10 months offer, after the first 30-day period, during which you will receive your money back if you haven’t used the service in any  way. Please note: We cannot offer you any part refund of the first year’s fee.

Cancellation and refunds

If you no longer wish to continue with your hosting, please submit a cancellation at least 7 days before your services are due to be renewed. Your account will only be deemed as terminated once all outstanding balances have been paid in full.  The customer acknowledges that, termination of the agreement for any reason will result in us ceasing to provide the applicable services, with the consequences that flow from such cessation, including (but not limited to), deletion of data e.g. hosting account(s) and mailboxes.

We do not refund partial monthly fees to accounts.

Data Backups

We do not keep any backups of your website. It is your responsibility to ensure that your own data is backed-up regularly to your own computer or another service via appropriate methods such as the free backup tool we provide, it is strongly recommended you check the data backed up. We will not be held responsible or liable for any data that cannot be retrieved in the event of deletion, failed software installations, account termination, hardware failures and other events which may cause data loss.

It is your responsibility to ensure that your own data is backed-up regularly to your own computer or another service via appropriate methods such as the free backup tool we provide. We will not be held responsible or liable for any data that cannot be retrieved in the event of deletion, failed software installations, account termination, hardware failures and other events which may cause data loss.

We do offer managed hosting services that include Esthetig taking backups of your site, please request a quotation if you need these services.

Migration Assistance

If you are moving to us from another cPanel provider, we can assist with the migration by restoring any cPanel backups you upload to us via FTP. It is your responsibility to supply these backups.

Hosting Disclaimer

We cannot be held liable for system downtime, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a customer would have gained if their site was functioning.  Certain services and software provided by us are resold. Thus, certain equipment, routing, software and programming used by us are not directly owned or written by Esthetig Ltd (examples include cPanel, WHMCS billing software). Moreover, we hold no responsibility for the use of our customers’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, at our discretion.

Account Activation

By activating your hosting account with us, you agree to all our terms and conditions, contracts and disclaimers. Upon requesting activation of a hosting account, you are deemed to have fully accepted these terms and conditions, contracts and disclaimers.

If you sign up for a hosting account and fail to comply with these terms and conditions, no refunds will be given. We will however, advise you by email or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server uptime guarantee

We offer a 99.99% service uptime guarantee, which is based on a 12-month rolling average across our entire platform and multiple clouds. In the unlikely event that we fail to meet our obligations we will provide full and thorough explanations for any downtime.

Please note that from time to time, it will be necessary for us to perform essential maintenance or upgrades to our infrastructure. In the event of such planned maintenance, we will provide advance notice so you can make necessary arrangements to contact your customer or suspend any service monitoring you have in place for the period of the planned outage. Where possible, such upgrades will be carried out overnight in the UK to minimise impact on customers. Downtime incurred as a result of planned and notified maintenance will not be included in our downtime statistics.

Acceptable use Policy

As a provider of website hosting and other internet related services, Esthetig offer our customers and your customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. We respect that the internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, we reserve the right to take certain preventive or corrective actions. In order to protect these competing interests, we have developed an Acceptable Use Policy, which supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations when using our services. This Acceptable Use Policy will be revised from time to time.

One important aspect of the internet is that no one party owns or controls it. This fact accounts for much of the internet’s openness and value, but it also places a high premium on the judgement and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When customers obtain information through the internet, they must keep in mind that we cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the customer must exercise his or her best judgement in relying on information obtained from the internet, and should also should be aware that some material posted on the internet may be sexually explicit or otherwise offensive. Because we cannot monitor or censor the internet and will not attempt to do so, we cannot accept any responsibility for injury to its customers resulting from inaccurate, unsuitable, offensive or illegal internet communications.

When customers disseminate information from the internet, they must keep in mind that we do not review, edit, censor or take responsibility for any information its customers may create. When users place information on the internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over our network and may reach a large number of people, including both our customers and non-customers, customers’ postings to the internet may affect other customers and may affect our goodwill, business, reputation or operations. For these reasons, customers violate our policy and these terms and conditions when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming

Sending unsolicited bulk and/or commercial information over the internet. It is not only harmful because of its negative impact on consumer attitudes toward Esthetig Ltd, but also because it can overload our network and disrupt service to our customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, we will investigate and suspend the account that is sending spam and reserve the right to keep the account suspended until such time that the account no longer sends spam.

Audio/Video Streaming

Audio/Video Streaming is not hosting friendly. As such, we do not allow any streaming of audio or video content where the core files are hosted on our platform. Offending accounts will be suspended without notice or terminated.

File Storage/Online Backups

We do not permit the use of our shared hosting platforms for the storage of backup or archival data, mirror sites, personal multimedia content such as movies, music, photos or other media. Your account and any sub-accounts may be used for genuine web hosting purposes only. Any such content is not permitted and will be removed and any offending account suspended.

Services such as OwnCloud are not permitted on our shared hosting and accounts found to be utilising web space for such services will have their data removed and services suspended.

We don’t limit your disk space providing the majority of your space is used for web hosting. We do not permit the use of our shared hosting as an email archival system and you may be asked to remove email, archived email to your computer or upgrade to a VPS solution if it is determined your account is being used as such
.

Free Hosting

We do not permit the use of our platform to provide free hosting to your customers. Providing free hosting encourages spamming and other abuses of the platform and as such this is explicitly disallowed.

File Sharing Websites or Peer-to-Peer Media (including files) sharing or streaming

We do not permit the use of our platform for file sharing of any kind. This includes but is not limited to peer-to-peer file or media sharing, BitTorrent, Tor or other such forms of data transmission.

Obscene Speech or Materials

Using our network to advertise, transmit, store, post, display or otherwise make available child pornography, pornography of any kind or obscene speech or material is prohibited. We are required by law to notify law enforcement agencies if we become aware of the presence of child pornography on or being transmitted through our network.

Defamatory or Abusive Language

Using our network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or unauthorised access to other computers or networks

Accessing, illegally or without authorisation, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as ‘hacking’). Also, any activity that may be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan or other information-gathering activity).

Distribution of internet viruses, worms, Trojan horses or engaging in other destructive activities

Distributing information regarding the creation of and sending internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service (DDOS) attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Destructive activities including inviting, either directly or indirectly, an attack (such as a DDOS) against our platform. Such invitations including inviting third parties to attempt to compromise the security of our platform or knowingly participating in an external attack (such as DDOS) which results in retaliatory action from a third party.

Facilitation A Violation of this Acceptable Usage Policy

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate these terms and conditions and acceptable usage policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Usenet Groups

We reserve the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates these terms and conditions and acceptable usage policy.

Phishing

We do not permit the hosting of any sites engaging in phishing impersonating public institutions or private companies in an attempt to defraud members of the public. Any sites found in breach of this will be suspended or terminated without notice.

Other Illegal Activities

Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, publishing or threatening to publish private data or pirating software.

Other Activities

Engaging in activities, whether lawful or unlawful, that we determine to be harmful to our customers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the customer. We will not, as an ordinary practice, monitor the communications of our customers to ensure that they comply with our policy or applicable law. However, when we become aware of harmful activities, it may take any action to stop the harmful activity, including but not limited to, suspension or termination or hosting services, removal of information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the internet, or any other action we deem appropriate.

We are also aware that many of our customers are themselves providers of internet services and that information reaching our facilities from those customers may have originated from a customer of our customer or from another third party. We do not require our customers who offer internet services to monitor or censor transmissions or websites created by customers of our customers. We reserve the right to directly take action against a customer of our customer. Also, we may take action against our customer because of activities of their customers, even though the action may affect other customers of our customer. Similarly, we anticipate that customers who offer internet services will cooperate with us in any corrective or preventive action that we deem necessary. Failure to cooperate with such corrective or preventive measures is a violation of our terms and conditions and acceptable usage policy.

We will not intentionally monitor private electronic mail messages sent or received by our customers, unless required to do so by law, governmental authority or when public safety is at stake. We may, however, monitor its service electronically to determine that is facilities are operating satisfactorily. Also, we may disclose information, including but not limited to information concerning a customer, a transmission made using our network, or a website in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request subject to Data Protection and other UK legislation. We assume no obligation to inform the customer that customer information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, we may disclose customer information or information transmitted over our network where necessary to protect us and others from harm, or where such disclosure is necessary to the proper operation of the system. However, we will never sell information to other services or outside companies.

We expect that our customers who provide internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A customer’s failure to comply with those laws with will violate our policy and terms and conditions.

SSL Certificates Service Agreement

This SSL Certificates Service Agreement (“Services Agreement”) sets forth the terms and conditions of your use of SSL certificates (“Certificates”) and related services (“Services”) and serves to supplement the Registration Agreement (“Agreement”) between you on the one hand and Esthetig Ltd. (“Esthetig”) on the other hand. In this Agreement “you” and “your” refer to you or any agent, employee, servant or person authorised to act on your behalf. “We”, “us” and “our” refer to Esthetig Ltd. (“Esthetig”). This Services Agreement explains our obligations to you, and explains your obligations to us for SSL services offered by Esthetig. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Esthetig service(s) or products or to cancel your Esthetig service(s) (even if we were not notified of such authorization), this Services Agreement covers such service or actions.

Description of the Certificates

The following applies to the free SSL certificate provide with hosting, GeoTrust True BusinessID, GeoTrust True BusinessID Wildcard, GeoTrust True BusinessID with EV, Comodo InstantSSL, Comodo PremiumSSL, VeriSign Secure Site, VeriSign Secure Site Pro, VeriSign Secure Site with EV, VeriSign Secure Site Pro with EV Certificates only: The Certificate for which you have applied on behalf of your organization is a fully-authenticated certificate. These Certificates are issued to devices to provide authentication; message, software, and content integrity; and confidentiality encryption. Fully-authenticated Certificates provide assurances of the identity of the Subscriber based on a confirmation that the Subscriber organization does in fact exist. The Certificate also provides assurances that the Subscriber is entitled to use the domain name listed in the Certificate Application, if a domain name is listed in such Certificate Application.The following applies to GeoTrust QuickSSL, QuickSSL Premium, RapidSSL, RapidSSL Wildcard, Comodo PositiveSSL, Comodo PositiveSSL Wildcard Certificates only: The Certificate for which you have applied on behalf of your organization is not a fully-authenticated Certificate. These Certificates are issued to devices to provide validation of the domain; message, software, and content integrity; and confidentiality encryption. These Certificates provide assurances of the validity of the domain and that the domain administrator has authorized the Certificate Application. No organisation authentication is performed on the owner of the domain.

Use Restrictions

You are prohibited from using your Certificate (i) for or on behalf of any other organisation; (ii) to perform private or public key operations in connection with any domain and/or organisation name other than the one you submitted on your Certificate Application; (iii) on more than one physical server or device at a time (unless expressly permitted by the issuer of a Certificate); and (iv) for use as control equipment in hazardous circumstances or for uses requiring fail-safe performance such as the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, or weapons control systems, where failure could lead directly to death, personal injury, or severe environmental damage.

Fees

As consideration for the Service(s) and renewal of the Service(s) you agree to pay, prior to the effectiveness of the desired Service(s), the applicable Service(s) fees. All fees are non-refundable.

Expiration and Renewal of Service(s)

You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your Certificate is set to expire. As a convenience to you, and not as a binding commitment, we may notify you via an email message when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time.

Revocation

Esthetig retains the right to revoke your Certificate at any time without notice if (i) Esthetig discovers that the information within your Certificate is no longer valid; (ii) you fail to perform your obligations under the terms of this Agreement; or (iii) in Esthetig’s sole discretion, you have engaged in activities which Esthetig determines are harmful.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, LTDIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, SSL SERVICES, YOUR USE OR INABILITY TO USE OUR WEB SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY OTHER WEB SITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR LTDIDENTAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnity and Defence

With respect to ICANN, the registry operators, and Esthetig, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, Ltd including solicitor’s fees and court costs, for third party claims relating to or arising under the Agreements, the Service(s) provided here under, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under these Agreements, we may seek written assurances from you in which you promise to defend, indemnify, and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of these Agreements by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar of record. Moreover, should we be forced to defend ourselves in any action or legal proceeding in connection with any WhoisGuard™ Services provided to you, you shall have sole responsibility to defend us against any such claim by legal counsel of our choosing. This indemnification is in addition to any indemnification required under the UDRP. The terms of this paragraph will survive any termination or cancellation of the Agreements. Moreover, you agree to release, defend, indemnify and hold harmless the Primary and Backend Service Providers, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and Your registrar, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable solicitor’s fees, arising out of or related in any way to the Agreements, the web sites of the Service Providers, your Account, and/or your use of your Protected Domain.

Legal Age

You attest that you are of legal age to enter this Services Agreement.

Final Agreement

This Services Agreement, the referenced agreements, the ICANN Policy and the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Services Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorised representative of us.

No Agency Relationship

Nothing contained in this Services Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

Waiver

The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Enforceability

In the event that any provision of this Services Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Services Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

Assignment and Resale

Except as otherwise set forth herein, your rights under this Services Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Services Agreement, whether by attachment, levy, garnishment or otherwise, renders this Services Agreement voidable at our option.

Force Majeure

Neither party shall be deemed in default here under, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations here under due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labour strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Esthetig, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Esthetig may immediately terminate this Services Agreement.

These terms and conditions are specific to our Computer Services only.

All customers and users of any of our websites and services agree to be fully bound by all of the terms and conditions of service set forth upon usage of any services offered by Esthetig and its associated partners as defined herein.

These terms and conditions are the complete and exclusive statement of the terms and conditions governing our web design, development, marketing hosting, domain registration and maintenance.

By signing up for, and continuing to use, any of Esthetig’s services and/or websites, the customer agrees to be bound by all of Esthetig’s terms and conditions.

Customer’s rights, duties, agreements or obligations hereunder may not be assigned or transferred without the prior written consent of Esthetig; any attempted or purported assignment shall be void.

These terms do not affect the customer’s statutory rights.

Esthetig will carry out work only where an agreement is provided either by email, telephone, mail or verbally.  Esthetig will carry out work only for customers who are 18 years of age or above.

The customer acknowledges and agrees that Esthetig may modify these terms and conditions as necessary from time to time and that these changes may be carried out without notice.  If at any time, the customer does not agree with such changes, the customer agrees that their sole remedy is to stop using Esthetig’s services.

If the repair is being carried out at Esthetig’s premises and Esthetig engineers are unable to fix the originally reported problem, but where the fix is possible by replacement of the faulty part(s), Esthetig reserves the right to charge the customer a diagnostic fee of £50.00.  If the fix of the computer(s) is not possible by replacement of the faulty part(s) and/or as a result of extensive damage to the equipment, it is declared irreparable by Esthetig engineers, no-fix, the no-fee policy will apply.  Where several faults are reported by the customer and at least one of the faults has been successfully repaired, the customer is liable to pay the full amount agreed.  No-fix no-fee does not apply to partially repaired computer(s).

If Esthetig is unable to repair the computer(s) due to non-supply of parts by manufacturers, or suppliers, a diagnostics fee of £50.00 may apply to any computer(s) under repair.  The diagnostics fee will cover the time spent on fault diagnosis and re-assembly of the computer(s) and cost of collection and return of the computer(s) if applicable.  The return of the customer’s computer(s) will be subject to prior payment of diagnostics fee and carriage if applicable.  Esthetig may waive the diagnostics fee at its discretion.

If the customer’s computer develops a fault in the course of service delivery by Esthetig on-site or off-site, the customer agrees not to hold Esthetig responsible for the fault.  However, Esthetig will do its best to remedy the problem at no cost to the customer unless parts are required.  All computers repaired in Esthetig’s workshops are checked for viruses/malware/spyware, but unless the customer has paid for a virus removal service Esthetig cannot guarantee they will be free from infection.  Esthetig is not responsible for any virus/malware/spyware infections that occur after the customer has received their computer(s).  The customer acknowledges and accepts that Esthetig will charge for any additional virus/malware/spyware removal service the customer request.

If a customer’s computer(s) are declared irreparable, they will be delivered back to the customer within fourteen (14) days from the time the customer was informed.  If the customer fails to provide a suitable time or be in at the arranged time the computer(s) can be delivered, Esthetig reserve the right to charge the customer for storage at a rate of £3.00 a day until the passage of a maximum of eight (8) weeks.  The customer must claim or collect the computer(s) within a further eight (8) weeks, or the customer acknowledges and agrees that Esthetig may dispose of the computer system and/or equipment as it sees fit.

Where the customer requires Esthetig to carry out any configuration or installation services, Esthetig shall do so as a sub-contractor to the customer and these terms and conditions contained herein shall constitute the terms and conditions of the sub-contract.

Same-day call out is subject to the following restrictions: A call must be received by 10:00 am on the day the call out is to take place, we cannot guarantee same-day callout after this time. Also, we cannot guarantee the availability of same-day call out as we may have already booked appointments for other customers. If we cannot offer you a same-day callout, a convenient time will be offered to you.

Remote repairs are not suitable for all types of computer repair. We offer two different payment options for remote computer repair: A one-off payment and a regular fee; this can be paid monthly or annually.

Where the customer requires Esthetig to carry out a wipe and recycle service, the customer agrees that the equipment once given/delivered to Esthetig becomes the property of Esthetig to dispose of as they see fit through the reuse of parts or recycling at an approved Recycling Centre in accordance with WEEE Directive 2003.  Esthetig will wipe the customer’s data from all fixed disk storage media (HDD) prior to disposal and will not use the data for its own benefit whatsoever.  However, the customer agrees that legal responsibility for the data remains theirs.

Where the customer has asked Esthetig to back up their data, Esthetig will backup data from common data storage locations, Esthetig will endeavour to locate data stored elsewhere on the customer’s fixed disk storage media.  However, the customer agrees that it is their responsibility to inform Esthetig if data is stored in locations other than My Documents; further, the customer agrees and acknowledges that Esthetig is not responsible if data is not backed up from locations other than My Documents and release Esthetig from blame for the loss of data.

Maintenance Policies

the policy will not cover products, hardware or software or deliberate acts of damage by the customer and/or third-party.  Additional charges may be made at the discretion of Esthetig.  If advice Esthetig gives to the customer to prevent computer problems is not carried out, the customer will be advised prior to any work being carried out if there is an additional charge to be made.

Prices

A minimum standard charge for one (1) hour applies to an on-site visit additional hours are provided at a 50% discount.  Once work commences, a charge will apply for the engineer’s time on the premises.

Esthetig reserves the right to charge Business customers at a different rate to private residential customers.

On-site visits do not carry a call out fee.  However, Esthetig reserve the right to charge a call out fee for on-site visits to premises further than twenty (20) mile radius from its premises and also charge at a higher rate if the call begins after 5:00 pm.  In this case, Esthetig will offer a quotation before arranging to visit the customer’s premises.

Where possible, Esthetig will offer a fixed fee to carry out certain types of work; a quotation/estimate will be given prior to any work being carried out.

Completion of Work

Esthetig warrants completing the work in accordance with these terms and conditions to the specifications previously agreed with the customer.  Esthetig will not charge more than the amount previously agreed unless the customer has varied the specifications of the work since the agreement.  Esthetig will not undertake changes to the specifications of the work which would increase the costs, without prior written or electronic authorisation from the customer.

The customer agrees to pay any outstanding fees due under the contract upon completion of work.

Approval of Work and Products

On completion of work, the customer will be notified and have the opportunity to review it.  Inspection and acceptance of the services shall be the customer’s responsibility.  The customer is deemed to have accepted the services unless notice of rejection is received by Esthetig within seven (7) days after delivery of the products or services.  The customer waives any right to revoke acceptance thereafter.  The customer shall report any discrepancy between the completed work and the specification within seven (7) days after work has been undertaken.

Any work which as not been reported in writing to Esthetig as unsatisfactory within the seven (7) day review period will be deemed to have been approved.  Once approved, or deemed approved, work cannot be subsequently rejected and the contract will be deemed to have been completed.  The contract will remain in effect until all obligations have been completed in terms of this clause.

Rejected Work

If the customer rejects the work within seven (7) day review period, or will not approve subsequent work performed by Esthetig to remedy any points reported by the customer as unsatisfactory and Esthetig considers that the customer is unreasonable in repeated rejection of the work, the contract will be deemed to have expired and Esthetig can take any legal measures to recover both payments for the completed work and reasonable expenses incurred in recovering payment.

In the case of products, no return shall be accepted by Esthetig without a Return Material Authorisation (RMA) Number, which may be issued by Esthetig or its vendor at its or their sole discretion.  Returned products must be in original manufacturer’s shipping cartons complete with all packaging materials. All products for return shall be returned postage/courier prepaid.  If returned products are claimed to be defective, a complete description of the nature of the defect must be included with the returned products.

Esthetig cannot accept any return of third-party electronic products once delivered, Esthetig advises the customer to fully check the specifications of the products prior to purchase to ensure that the products meet the customer’s requirements.

Third Parties

Esthetig can take no responsibility for services provided by third parties through Esthetig or otherwise.

Intellectual Property

Offers, specifications and quotations by Esthetig to potential customers should be treated as trade secrets and remain the property of Esthetig.

Personal Data

If the work carried out by Esthetig includes Open Source software, the customer agrees that the ownership and rights remain with the copyright holder.

Esthetig will make every possible effort to preserve the customer’s data.  However, Esthetig makes no guarantees or warranties whatsoever that data will be intact after the computer(s) have been repaired and tested.  The customer agrees not to hold Esthetig responsible for any loss or damage to data as a result of repairs, upgrades or any other services carried out on their computer(s) or network.

Esthetig will not be held responsible for the legality of their customer’s data.  Legal liability will remain with the customer at all times for their data including any transferred to other media owned by Esthetig for the purposes of backup and recovery.

Esthetig reserves the right to inform the necessary authorities and assist them to the full extent of the law if customer data appears to be of an illegal nature.

Trade Secrets

Any software that is not freely accessible to third parties and not in the public domain and to which Esthetig or their suppliers owns the copyright, may not be copied, published, distributed or passed to any third parties in any form without prior written consent from Esthetig.  Unless previously agreed otherwise in writing, no modifications may be made by the customer or any third-party to software which Esthetig or their suppliers owns the copyright.  Esthetig acknowledges the intellectual property rights of the customer.  Information passed in written or electronic form to Esthetig the customer has indicated is confidential or a trade secret, will not be published or made available in any other way to third parties without the prior written consent of the customer.

Guarantee

Esthetig offers a thirty (30) day guarantee on computer services carried out on behalf of the customer.

Esthetig guarantee to return to the customer’s premises to put right any fault directly caused as a result of service carried out by their engineers.

Esthetig does not guarantee any parts involved in the repair process, these are covered by manufacturers warranties; Esthetig will not supply any hardware to the customer. However, our engineers may recommend a reliable supplier. The customer agrees that Esthetig Ltd or any of its employees will not be held responsible, financially or otherwise for any dispute with suppliers that are recommended.

The guarantee does not cover the customer for repeat work should the customer and/or third party be found to have caused the error or problem.

Esthetig cannot guarantee virus/malware/spyware removal service as, due to the nature of computer viruses/malware/spyware reinfection can occur again (even immediately) if the customer visits websites, receives emails or uses media that is infected.  The customer acknowledges this and agrees that Esthetig will not be liable for any repeat infection.

Esthetig reserve the right to make additional charges within a thirty (30) day guarantee period if any fault is not of their making or is a result of misuse/misunderstanding of the customer’s computer system by the customer and/or third-party.

Remote PC Repair

Our remote PC repair service is available in two different versions: a one off repair and a regular repair/maintenance contract.

One-off repair

This is paid for in advance through our website, once we receive your order we will send you a link to download a small tool, that will need to be installed on your computer, and a code to enter once you have installed the tool. Once this has been installed we will arrange with you a suitable time at your convenience that we will be able to carry out the repair for you. During the period that the repair is taking place, we require that you do not interact with your computer in any way. We will let you know when we have finished with the remote repair to enable you to remove the tool and disallow remote access.

Regular repair/maintenance contract

When you choose this option we will send you a contract in the form of an email form. You digitally sign this form by ticking that you accept the contract and adding your name, the date and time of signing at the bottom of the contract. When we receive your contract back via email (click the send button on the contact form) we will set up your account on our billing system and send you an invoice for either the full annual fee or, if you prefer, monthly instalments. PayPal is used to set up these regular payments, simply login to our client area using the credentials that will be sent to you and select to pay the invoice by PayPal, you will then be taken to the PayPal secure payments page where you can enter the details of your debit/credit card – if you are paying monthly, you will agree to pay the monthly fee regularly for at least one (1) year.

The regular repair/maintenance contract allows you to use our remote PC repair service to have your computer repaired or maintained up to four (4) times during the lifetime of the contract (see contract for further details).

You agree to keep up the regular payments and, if a payment is missed that you are liable for the full annual fee, currently £100.00.

No Fix, No Fee Policy

Our No Fix, No Fee policy means that if we do not possess the necessary technical knowledge or ability to resolve the problem or affect the repair, then no charge is made to the customer.

If we are able to resolve the problem, but are prevented from doing so because the customer does not possess the required software CD-ROM, drivers etc., Product Key or Licence, or other external dependencies such as faulty equipment or no internet service by BT or the Internet service provider, then the customer will be charged for the engineer’s time spent to that point.

If the engineer provides a clear and precise diagnosis of the problem and the customer decides not to proceed with either the replacement of the component or any other fix procedure, then the customer will be charged for our time spent at that point.

Transfer

The customer shall not assign, sub-contract or otherwise transfer the contract without the prior written consent of Esthetig, which consent shall not be unreasonably withheld.  For the avoidance of doubt, the provisions of this clause shall not apply to Esthetig.

Should the customer appoint another developer during the lifetime of the contract, the customer agrees that the contract will require full renegotiation and settlement of the existing contract prior to a new contract being issued.

Changes to the Contract

The customer agrees that any major revision to the specification, definitions or expectations of the contract, a new contract will be negotiated.

Where the contract cannot be renegotiated and an entirely new contract is required, the customer agrees to fully settle the previous contract with Esthetig.

— End of Terms and Conditions —

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