Torgodo Media Terms & ConditionsTorgodo Media Last Amended 25/10/2016
1. Modification of this Agreement
Torgodo Media reserves the right to amend these terms and conditions without prior notice.
The latest version of our terms and conditions can be found on our web site at www.torgodomedia.com/terms or by contacting our office on 01492 850072.
2. Your Obligations as a Customer
2.1 By placing an order, for any services or products offered by Torgodo Media or by continued use of any of our services, you are indicating your acceptance and agreement of these terms and conditions.
2.2 Any Account names and passwords allocated must not be divulged to any third parties and you should take reasonable care to ensure that they are not discovered or passed on to other persons. If you believe that your account details are known by others, then you should contact Torgodo Media immediately to request them to be changed.
2.3 You must not participate in any form of un-solicited bulk emailing or spamming using either our or any other company's services or products.
2.4 When we agree to carry out work on your behalf a schedule of work will be provided to yourself detailing the work to be undertaken and any agreed milestones. Delays in the work as a result of the customer not providing required information within the agreed schedule or failing to pay an interim invoice within the agreed time period will allow Torgodo Media to produce an immediate invoice for the balance of work done to that date and to suspend further work until the condition is corrected.
2.5 You agree that Torgodo Media are not liable for any claims made against them arising from the content of a customer's web site, or any infringement of rights of any third party on your domain name.
3. Data Protection
Your data will be held in strict accordance with the applicable data protection laws and will not be passed on to any other parties without prior consent.
You may not exceed your allocated server space at any time without prior permission from Torgodo Media. We reserve the right to immediately remove, without the consent of the client, any material that is deemed inappropriate or in breach of UK or International law. Regular backups of our servers are undertaken by Torgodo Media, however you are responsible for backing up any data that you store on our servers. We cannot be held responsible for the loss of any data as a result of either a hardware failure, third party attacks, or negligence on your part.
If your site should exceed your pre allocated bandwidth as specified by your hosting package per calendar month, we will keep the site running as normal, but reserve the right to raise an additional invoice for the extra bandwidth used, at the rate of 5 pence per 1MB of usage. We reserve the right to disable your site or service in the event your bandwidth usage reaches a point where it has an adverse effect on either our servers or our other clients or systems until the problem is overcome. In such an event we will undertake all the measures necessary to get your site or service up and running again as quickly as possible.
4.3 Web Pages & Design
Anyone who publishes web pages onto our servers is responsible for the content held in that allocated space, including obtaining any legal permission for that content and ensuring that the content does not violate UK or International law. We reserve the right to remove any material that is deemed inappropriate or in breach of UK or International law from your pages, without prior notice.
4.4 Domain Names
Domain name applicants must also comply with the terms and conditions of the Naming Authority for that country's domain. Torgodo Media is acting as an agent in the purchase of the domain names and acceptance of your order from from Torgodo Media cannot be taken as confirmation of the domain registration until the documentation is received from the relevant Naming Authority. Written copies of naming authorities contracts can be obtained on request. Prior to the domain name becoming due for renewal, no less than 30 days before the renewal date, Torgodo Media will attempt to contact the customer to determine if the domain name is still required. Every effort will be made to contact the customer via email and postal reminders until the date of de-tagging occurs. Torgodo Media cannot be held responsible for the failure to renew a domain name in the event that the payment for the domain was not received from the customer prior to the renewal date.
UK domain names are registered through the UK Registrar Nominet and you can find a copy of their terms and conditions here.
To report anything relating to your domain, including abuse, phishing, or span, please email firstname.lastname@example.org
4.5 Response Times
In all instances we will respond as quickly as possible to all enquiries within one business day with our aim being to respond on the same working day when possible.
4.6 Email Services
4.6.1 Email services may be provided either with or as a separate service to website hosting.
4.6.2 POP3 services are intended as a temporary storage solution before emails are downloaded to a client machine. A maximum limit is placed on each email account and exceeding this limit will result in the failure of receipt of further emails to the account until the emails are removed from the server. No responsibility is held by Torgodo Media for the loss of undelivered emails as a result of your allocated storage becoming full.
4.6.3 POP3 boxes are not intended as a permanent storage solution for emails and no responsibility is held by Torgodo Media for the loss of any emails held on our servers emails due to account corruptions as a result of the emails not being downloaded to a client machine.
4.6.4 Email forwarding is offered as a service however forwarded emails can sometimes be rejected as a result of policy decisions taken by third parties beyond our control. We do not recommend email forwarding as a preferred solution for important email accounts for this reason and take no responsibility for third parties refusing to accept forwarded emails as a result of their internal policies.
4.6.5 Customers with POP3 boxes are provided with usernames and passwords to access these services. It is the responsibility of the customer to ensure that these passwords are not shared with third parties and that should a password be reset by a customer that the password is of relevant strength to ensure adequate security of the account.
4.6.6 SMTP services are not provided as a matter of course by Torgodo Media and should an account allow SMTP services through it we reserve the right to suspend the SMTP service without warning or to increase the security of the assigned password without prior consent.
5. Price & Payment Terms
5.1 All invoices are due for payment on or prior to the date of invoice, unless otherwise specified by Torgodo Media.
5.2 Domain Name Registration and Hosting invoices must be paid prior to the renewal date of the service. Failure to do so may result in the deactivation or loss of your domain name.
5.3 Payments for smaller projects must be paid for in advance unless with the prior agreement of Torgodo Media. In the event of alternative payment terms for smaller projects a deposit of 50% of the total order is payable with the balance due on completion of the work.
5.4 For larger projects (as defined by Torgodo Media at time of order) the company reserves the right to prearrange an appropriate payment schedule with the customer which will be sent in writing. This will usually include an initial payment of 25% of the total order, which is required before work will commence, followed by a number of further interim payments at set dates, as defined by Torgodo Media at time of the order and detailed in the payment schedule. The sum of any such interim payments shall not exceed 90% of the total balance of the order. The final payment becomes payable on completion of the order and is payable within 14 days from the date of the final invoice issued on completion of the project.
5.5 Account customers may be offered alternative payment arrangements or offered credit arrangements as defined by Torgodo Media and agreed in writing with the customer.
5.6 Non-payment of an invoice within the agreed time period may result in any services or development work being suspended until the account is paid.
5.7 Payments can be made by cheque, cash, bank transfer, and credit/debit card. Online payments can be made at www.torgodomedia.com/pay.html
5.8 Written quotations are only valid during the period stated on the quotation. If no period is stated, the period is a maximum of 30 days from the date of the quotation.
5.9 All work remains the sole property of Torgodo Media until payment has been received in full.
5.10 We reserve the right to charge interest and administration fees in the event of late payments. Interest is charged at the Bank of England Base Rate + 8%. Administration charges are at the discretion of Torgodo Media and will cover administration or debt recovery costs.
6. Cancellation & Standards
Torgodo Media reserves the right to cancel or suspend an account at any time with immediate effect, without prior notice, if you:
6.1 Fail to pay an invoice within the agreed time period. Any work completed continues to be the property of Torgodo Media until payment is received, unless agreed in writing by a representative of the company.
6.2 Commit a material or persistent breach of this Agreement and fail to remedy this within 14 days of written notice.
6.3 Become insolvent or are unable to pay debts as they fall due.
6.4 Are found guilty of commiting a criminal offence under UK or International Law.Domain names cannot be cancelled once payment is received and the order is processed with the Naming Registrar. No reimbursement of costs will occur in this case. Hosting can be cancelled at any time during the contract period however no reimbursement is possible if the hosting is cancelled more than 30 days after the order is placed. Cancellation of a service by a customer must be given in writing prior to the renewal date of the service. This can be done online by contacting the company via email. Extensions to work schedules by Torgodo Media will be stated in writing to the client as soon as the delay is anticipated. The client has 14 days after the statement has been issued to object to the planned changes otherwise their acceptance is assumed. In the event of dissatisfaction with the standard of work or delays in the pre-agreed schedule the client will have the right to cancel the work. A client is entitled to cancel their order within 7 days of the order date and will receive their deposit by return if work has not yet commenenced. Torgodo Media will not commence work until we are in receipt of the deposit. After the initial cancellation period has expired a client may cancel their order by writing to Torgodo Media. The client is liable for payment of any work completed to the date the cancellation is received by the company. Torgodo Media will calculate any balance payable based on the work completed and the total price of the project.
6.5 Complaints about work standards should be addressed in writing to the General Manager, Torgodo Media, 3 Wyddfa, Glan Conwy, Colwyn Bay, Conwy, LL28 5PT or by sending an email to email@example.com or by using our Contact Form. Any other complaints, such as verbal or assumed, will not be considered as valid unless supported by written documentation received by Torgodo Media. If an apology is appropriate this will be made in writing to the client on behalf of the company. If any financial payment is deemed appropriate the client will be notified in writing prior to the payment being made. Complaints made to the company will be responded to as quickly as possible and within a maximum of 5 working days of receipt of the complaint.
6.6 We aim to respond to all customer enquiries as soon as possible and within a maximum of 5 working days of receipt of the enquiry.
7. Limitation of Liability
7.1 By acceptance of these terms you agree that neither Torgodo Media, its employees, agents, licensors or contractors is liable for damages arising out of or in connection with our web site or from any unauthorised access or alteration to the website (by a third party). This includes, without limitation, direct loss, loss of business, revenue, anticipated savings or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of events or you have advised Torgodo Media of the possibility of such potential loss) or any indirect, consequential and incidental damage.
7.2 Furthermore you agree that Torgodo Media is not liable for the loss of services as provided by our service partners beyond our reasonable control. Every effort will be made to restore our services in the event of such a loss in the shortest possible time.
7.3 Additionally you agree that Torgodo Media cannot be held responsible for the loss of any data or programs held on the company's equipment as the backup of such data is the responsibility of the customer unless a prior agreement is in place with Torgod Media.
8 Intellectual Property and Copyright
All work remains the intellectual property and copyright of Torgodo Media unless stated in writing by the company. Website design work carried out on behalf a client becomes the property of the client unless otherwise stated in the work contract signed prior to the company commencing work.
We reserve the right to distribute information to you that is pertinent to the quality of our services and those of our service partners. These announcements will be predominantly informative in nature and may include notices describing changes, upgrades, new products or other information to add security or enhance your identity on the Internet.