vistaspace, the cheapest and easiest way to get a website

Service Agreement

This Agreement ("Agreement") is between Vistaspace Ltd and the customers of our services. For goods and valuable consideration, the parties agree as follows:

Services

Subject to the terms and conditions of this Agreement, Vistaspace Ltd will provide to Customer the Web hosting and/or related services described in the plan selected by Customer from Vistaspace Ltd then published list of services offered from time to time ("Services"). The specific plan of Services to be provided initially to Customer shall be as selected in the Order and thereafter as established through correspondence between Customer and Vistaspace Ltd. Customers must be over 18 years of age.

Term

The initial term of this Agreement shall be as stated in the Order ("Initial Term"). The Initial Term shall begin upon commencement of Service to Customer, provided, however, no Service shall commence unless and until Vistaspace Ltd receives and accepts a completed Order from Customer, plus payment in full for Services to be rendered during the Initial Term and any setup charges Vistaspace Ltd reserves the right to reject any submitted Order for any or no reason prior to written acceptance thereof by Vistaspace Ltd. After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically renew for successive terms of equal length as the Initial Term unless terminated or cancelled by either party only as provided in Paragraph 9 below. The Initial Term plus all successive renewal periods during which Service is provided shall be collectively referred to as the "Term."

Fees and Payment

All accounts are set up on a prepay basis. Although Vistaspace Ltd reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given. Vistaspace Ltd reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request. No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made.

Content and Customer's responsibility

Vistaspace Ltd will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information passing through its network. Vistaspace Ltd shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason.

No Warranty

Customer agrees to use all Vistaspace Ltd' Services and facilities, and any information obtained through or from Vistaspace Ltd, at Customer's own risk. Customer acknowledges and understands that neither Vistaspace Ltd, nor any of its employees, representatives, agents or the like, warrant that the Services offered or provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. Vistaspace Ltd specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing hereunder.

Prohibited uses

Customer shall not use, nor permit the use by any person of, Customer's Web space or any part thereof, including any links to other Web space, in violation of Vistaspace Ltd' "Usage Policy" provided herewith.

Limited Liability

Under no circumstances, including negligence, shall Vistaspace Ltd, its officers, agents or anyone else involved in creating, producing or distributing the Service hereunder be liable to Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Vistaspace Ltd' records, programs or services. Vistaspace Ltd further shall have no responsibility whatsoever to Customer or any third party for the accuracy or quality of information obtained through or in connection with its Services provided hereunder. Notwithstanding the above, Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate amount which Customer paid during the twelve (12) months immediately preceding the claim or the term of this Agreement, whichever is less.

Indemnification

Customer shall defend, indemnify, save and hold Vistaspace Ltd harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter "Liabilities") asserted against Vistaspace Ltd, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by Customer, its agents, employees or assigns or any product distributed, offered or sold by Customer, its agents, employees or assigns.

Cancellations and Refunds

Vistaspace reserves the right to cancel a service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Vistaspace Ltd' terms of service a refund will not be issued in the event of a cancellation. Customers may cancel their account at any time. During the initial trial period customers who wish to cancel will be entitled to a full refund for their hosting fees. Domain registration fees are non-refundable.

Additional Terms and Conditions

Customer hereby acknowledges that it has received and reviewed a copy of Vistaspace Ltd' "Usage Policy" provided herewith and that the terms of the Usage Policy are incorporated herein by reference. Vistaspace Ltd reserves the right to amend this Service Agreement and the Usage Policy from time to time and Customer shall be bound by any such amendments. Customer shall have the obligation to periodically visit Vistaspace Ltd' Web site to review its Usage Policy and to make certain Customer is in full compliance therewith. In the event of any inconsistencies between this Agreement and the Usage Policy, the terms of the Usage Policy shall govern.

Notice

All notices must be sent either in writing or by email, except as otherwise expressly provided herein that a notice must be in writing. All notices to Vistaspace Ltd shall be delivered to its address stated above or its email address as provided. All notices to the Customer shall be delivered to its mailing address or its email address as provided on the Order. The parties may change their respective address by notice delivered to the other party. All notices delivered in writing must be sent either by overnight courier or certified mail, return receipt requested. Evidence of successful transmission of all notices delivered by email must be retained by the delivering party.

Force Majeure

If and to the extent that either party is prevented or delayed from performing any of its obligations under this contract by force majeure it shall promptly notify the other party, specifying the matters constituting force majeure together with such evidence in verification thereof as it can reasonably give and specifying the period for which it is estimated that the prevention or delay will continue. The party so affected shall then be relieved of liability to the other for failure to perform or for delay in performing (as the case may be) its obligations, but shall nevertheless use its best endeavours to resume full performance of its obligations under this contract.

Data Protection

Under the UK Data Protection Act you have the right to obtain a copy of the personal information we hold on you. If you wish to do so, please address the Data Protection Officer at our registered address. (Please note there is a £10 admin charge for this service).

Backup/Restore Policy

You are advised that it is your responsibility to back up your data.

Miscellaneous

This Agreement sets forth the entire agreement between Vistaspace Ltd and Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect. Customer may not transfer or assign this Agreement without Vistaspace Ltd' prior written consent. This Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be brought exclusively in English courts located in England. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum. The Customer is deemed to have agreed to this Agreement, when commencing use of any of Vistaspace Ltd's services.