Terms and Conditions

1. Introduction

All orders are subject to these standard terms and conditions. The relationship between Raindust Internet and its client is governed by these terms, which shall apply during, and where applicable after, the period of the relationship. Any part of these Terms & Conditions may be amended at any time by Raindust Internet by agreement in writing.

2. Definitions

2.1. "Raindust Internet", "we" or "us" means Raindust Internet and its proprietor, and any party acting on Raindust Internet's instructions.
2.2. "Client", "customer" or "you" means the person purchasing the services or any party acting on the client's instructions.
2.3. "Registrant" means any party applying to register a domain name or any party acting on the registrant's instructions.
2.4. "Registry" means the relavent domain name registration authority.

3. Term, Renewal and Cancellation

3.1. This agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing.
3.2. Web Hosting and Domain Name Registration services will renew until cancelled by the client. Raindust Internet will email the client's provided email address prior to renewal of services, it is the client's responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Clients must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.
3.3. Raindust Internet shall have the right to terminate this agreement with immediate effect by notice in writing to the client if the client fails to make any payment when it becomes due.
3.4. Either party may terminate this agreement forthwith by notice in writing to the other if:
- 3.4.1. the other party commits a material breach of this agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
- 3.4.2. the other party commits a material breach of this agreement which cannot be remedied under any circumstances; or
- 3.4.3. the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
- 3.4.4. the other party ceases to carry on its business or substantially the whole of its business; or
- 3.4.5. the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
3.5. On termination, all data held in the client's account will be deleted.
3.6. Some services are provided for a fixed term including, but not limited to, web hosting and domain name registration. The client may cancel these services without charge at the end of their terms, however complete or part refunds will not be issued for services that are cancelled before then end of their term.
3.7. The prices of services described in section 3.6 shall be fixed for the duration of their terms, however Raindust Internet may amend its prices for these services at the time of renewal. The client shall have the right to cancel under section 3.6.
3.8. With reference to the Consumer Protection (Distance Selling) Regulations 2000, the client has no right to cancel goods made to the consumer's specifications including, but not limited to, web design. The client has a right to cancel other services within a cancellation period beginning on the date of the order and terminating either when the services are supplied, or seven days after the date of the order if the services have not yet been supplied. Upon placing the order the client agrees that the services may be supplied immediately.

4. Payment

4.1. All invoices are payable within 30 days of receipt.
4.2. Late payments may be subject to interest. Failure to charge interest does not forfeit our right to charge.
4.3. For orders that include web design, the invoice will be issued as the website is launched or supplied to the client following final approval by the client.
4.4. For orders that do not include web design, the invoice will be issued immediately following the setting up of the services.
4.5. For late payments, Raindust Internet reserves the right to withdraw part or all of the services supplied until the outstanding debt is settled. This may include, but is not limited to, removing any material stored on any server and preventing access to any material belonging to the client. Raindust Internet is not obliged to keep electronic or paper copies of any such material for more than three months from the date they were supplied or created. Raindust Internet shall not be liable for any loss monetary or otherwise, as a result of taking any such actions.
4.6. Charges are exclusive of VAT, which if payable shall be added and paid by the client. At the time of publication, Raindust Internet is not registered for VAT and so does not charge VAT on its goods or services. However, Raindust Internet may, at a time of its choosing or due to legal requirements, become registered for VAT and as such, may begin charging VAT on its goods and services without notice.
4.7. Raindust Internet does not provide credit facilities.
4.8. Acceptable methods of payment are cheque (in Pounds Sterling drawn on a UK bank account), money transfer, or such other methods as Raindust Internet may specify on an invoice. Raindust Internet maintains the right to refuse other methods of payment.

5. Web Design Services

5.1. Quotations

5.1.1. Quotations are valid for 30 days from their date of issue. Raindust Internet reserves the right withdraw a quotation in writing within the 30 day period unless work has commenced.

5.2. Copyright and Ownership

5.2.1. The copyright and ownership of all work created by Raindust Internet for the client will be transferred to the client on receipt of full payment. Prior to the receipt of full payment, all such copyrights and materials shall be owned by Raindust Internet.
5.2.2. Raindust Internet may, at its discretion, use third party software, images or other material in the creation of a client's website. Raindust Internet will endeavour to ensure that the client has the right to use any such material, however neither the copyright or ownership of such material shall be transferred to the client.
5.2.3. The client is responsible for securing copyright agreement for the use of any material submitted by them to Raindust Internet for use in the client's project.

5.3. Content

5.3.1. Raindust Internet is not responsible for creating, supplying or checking any content, including images and text, for solutions we design or develop. The client has full responsibility for creating, supplying and checking all content. The client has full responsibility for uploading content to updateable sections of the solution. Raindust Internet is not responsible for the quality of images or content supplied by the client.
5.3.2. All data stored in an online database is the property of the client along with any rights and responsibilities associated with this, including, but not limited to, the clients responsibilities and duties in relation to the Data Protection Act.

5.4. Errors

5.4.1. Any errors identified with work undertaken by Raindust Internet must be notified in writing on immediate discovery of the error. Raindust Internet will attempt to resolve any genuine errors as quickly as possible. Raindust Internet cannot accept responsibility for any loss either monetary or otherwise due to any web site errors.

5.5. Free Web Hosting Offer

5.5.1. When a client orders a Raindust Internet web design solution, the client is entitled to order one Raindust Internet Starter, Standard or Professional web hosting account at no cost for one year, subject to the conditions of this section and that service.
5.5.2. The web hosting account must be purchased in the same order as the web design solution, and must appear on the same invoice.
5.5.3. The offer covers only the web hosting account. The offer does not cover any other service including, but not limited to domain name registration or personal SSL access.
5.5.4. Raindust Internet reserves the right to withdraw this offer for new clients without notice.

6. Domain Name Services

6.1. Raindust Internet makes no representation that the domain name the client wishes to register is capable of being registered by or for the client or that it will be registered in the client's name. The client should therefore not assume successful registration of the requested domain name until they have been notified that it has been registered. Any action taken by the client before such notification is at the client's own risk.
6.2. The registration and use of a domain name is subject to the terms and conditions of use applied by the relevant registry; clients shall ensure that they are aware of those terms and conditions and that they comply with them. Many, but not necessarily all, of the relevant terms and conditions are available from http://www.heartinternet.co.uk/terms.shtml.
6.3. A client shall have no right to bring any claim against Raindust Internet in respect of any refusal to register a domain name by the relevant registration authority.
6.4. Raindust Internet shall have no liability in respect of the use by the client of any domain name; any dispute between the client and any other person must be resolved between the parties concerned in such a dispute. If any such dispute arises, Raindust Internet shall be entitled, at its discretion and without giving any reason, to withhold, suspend or cancel the domain name. Raindust Internet shall also be entitled to make representations to the relevant registry but will not be obliged to take part in any such dispute.
6.5. Prices listed for domain name transfers cover the transfer of the domain name from the client's previous supplier to Raindust Internet's supplier. These prices do not include registration fees. When a transferred domain's registration is due for renewal, the client shall be charged at our standard rates for the registration of the domain.

7. Web Hosting & Email Services

7.1. Acceptable Use Policy

7.1.1. The website and use of the services may be used for lawful purposes only and the client may not submit, publish or display any content that breaches any law, statute or regulation. In particular the client agrees not to:
- 7.1.1.1. use the services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the services;
- 7.1.1.2. send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
- 7.1.1.3. publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the services or on the website;
- 7.1.1.4. threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
- 7.1.1.5. engage in illegal or unlawful activities through the services or via the website;
- 7.1.1.6. make available or upload files to the website or to the services that the client knows contain a virus, worm, trojan or corrupt data;
- 7.1.1.7. obtain or attempt to obtain access, through whatever means, to areas of the network or the services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers; or
- 7.1.1.8. operate or attempt to operate IRC bots or other permanent server processes.
7.1.2. The client has full responsibility for the content of the website. For the avoidance of doubt, Raindust Internet is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
7.1.3. If the client fails to comply with this Acceptable Use Policy Raindust Internet shall be entitled to withdraw the services and terminate the client's account without notice.

7.2. Data Transfer

7.2.1. Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.
7.2.2. Web hosting accounts are prohibited from hosting adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
7.2.3. Web hosting accounts that host file distribution (including but not limited to music, video and software) are limited to a maximum data transfer of 25 GB per month for file distribution.

7.3. Updates and Passwords

7.3.1. All alterations and updates to the website shall be made by the client using the online account management facility, FTP access or SSH access where available.
7.3.2. The client will be issued with a user name and password in order to access the account. The client must take all reasonable steps to maintain the confidentiality of this user name and password. If the client reasonably believes that this information has become known to any unauthorised person, the client agrees to immediately inform Raindust Internet and the password will be changed.

7.4. Domain Names & Free Domain Offer

7.4.1. Each web hosting account must have attached to it at least one domain name at all times. This will be used to identify the account.
7.4.2. When first ordering a web hosting account, a client is entitled to either:
- 7.4.2.1. free registration for one .co.uk, .org.uk or .me.uk domain name for a two year period, after which the standard rates shall apply; or
- 7.4.2.2. free domain transfer for one .co.uk, .org.uk or .me.uk domain name;
7.4.3. The offer described in 7.4.2 is subject to the conditions of this section and that service:
- 7.4.3.1. the domain name must be purchased in the same order as the web hosting solution, and must appear on the same invoice; and
- 7.4.3.2. the offer covers only domain name registration or transfer for the domain types listed. The offer does not cover any other service; and
- 7.4.3.3. Raindust Internet reserves the right to withdraw this offer for new clients without notice.

7.5. Heart Internet

7.5.1. Clients' use of web hosting accounts is subject to Heart Internet's Terms and Conditions, which are available from http://www.heartinternet.co.uk/terms.shtml. Clients shall ensure that they are aware of those terms and conditions and that they comply with them.

7.6. Service Levels

7.6.1. Raindust Internet shall use its reasonable endeavours to make the server and the services available to the Customer 100% of the time but because the services are provided by means of computer and telecommunications systems, Raindust Internet makes no warranties or representations that the service will be uninterrupted or error-free and Raindust Internet shall not, in any event, be liable for interruptions of service or downtime of the server.
7.6.2. Data backups are made for use in the event of systems failure. Raindust Internet does not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Raindust Internet accepts no responsibility for data loss or corruption.

7.7. Web Space Usage

7.7.1. Clients are prohibited from using their web space as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.
7.7.2. Where unlimited web space is available, it may be used for genuine web site content only. All content must be linked into web pages.

7.8. Server Usage

7.8.1. Should your account use more than 5% of the server's processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.

7.9. Mailboxes

7.9.1. Mail boxes not accessed for 100 days or more may be deleted from the system.

8. Disclaimer

8.1. The client indemnifies Raindust Internet and shall keep Raindust Internet indemnified and hold Raindust Internet harmless from and against any and all breaches by the client of all items within the entire Raindust Intenet terms and conditions and any claim brought against Raindust Internet by any third party in connection with or resulting from the provision of the services by Raindust Internet to the client including, but not limited to, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including all reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of the breach or non-observance of the terms and conditions by the client.
8.2. Raindust Internet reserves the right to withdraw any of our services in whole or in part without prior notice. Raindust Internet shall be under no liability whatsoever to the client for any costs, losses and damages, howsoever arising, that the client may incur or may have incurred, due to the removal of such services.

9. Raindust Internet Website

9.1. Raindust Internet takes all reasonable measures to ensure that the content of the Raindust Internet website is valid and correct. Raindust Internet cannot be held responsible for any decisions taken based on the content of the Raindust Internet website.
9.2. All content of this website (www.raindust.co.uk) is the copyright of Raindust Internet and may not be reproduced in any way without express written permission from Raindust Internet. All copyrights and trademark notices, marks, disclaimers and other such elements must be preserved and upheld at all times.
9.3. Raindust Internet does not accept any responsibility for the contents of materials viewable from this site. These materials may be provided by (but are not limited to) links, frames, portals or other websites.

10. Privacy

10.1. Information which identifies you personally will be utilised only to provide the services you require and for providing you with information about our products and services. It will not be sold or disclosed to third parties without your permission unless we are required to do so by law. If cookies are used they will similarly only be used to assist the purposes set out in this privacy policy, but cookies will not be used if we do not consider them to be necessary.
10.2. All information which identifies you personally will be held in accordance with the Data Protection Act.

11. Jurisdiction

11.1. This agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

12. Company Details

12.1 Name: Raindust Internet.
12.2. Proprietor: Edward Hadley.
12.3. Address: Suite 1054, PO Box 15113, Birmingham, B2 2NJ.
12.4. E-mail address: enquiries@raindust.co.uk.
12.5. Principal website address: http://www.raindust.co.uk.