Customers will be notified by Twitter of updates to these terms, you should follow us on Twitter in order to keep up-to-date with and changes.
The term 'Astley Marketing Limited' or 'us' or 'we' refers to the owner of the website whose registered office is 13 Gorham Rise, Broughton Astley, LE9 6QR. The term 'our' refers to products, services or clients we provide or have. Company registration number is 7079050. Registered in England. The term 'you' refers to the user or viewer of our website.
1. Service Resellers
Each reseller of Astley Marketings’ service is individually owned and operated and is no way controlled or connected to Astley Marketing other than by way of reseller agreements.
2. Price Variation
Price estimates are based on Astley Marketings current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance, where such amendment is required in order to meet any rise or fall in such costs.
Astley Marketing are not VAT registered so do not charge VAT, should Astley Marketing register for VAT at any point invoices will be raised in accordance to UK law with VAT where applicable.
4. Preliminary Work
All work carried out, whether experimentally or otherwise, at customer’s request shall be chargeable.
Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or legible, Astley Marketing shall be entitled to make additional charges on a time and materials basis to cover such additional work.
Proofs of all work may be submitted for customer’s approval and Astley Marketing shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to Astley Marketing’s discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.
Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by Astley Marketing shall vest in and belong to Astley Marketing. Astley Marketing may use any artwork or printing produced by itself for the purposes of promoting itself and/or associated services and products. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials (“Materials”) prior to instructing Astley Marketing to reproduce the same. The customer shall indemnify and hold Astley Marketing and its agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by Astley Marketing infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
All design, text, illustrations, graphics, photographs, diagrams, drawings, logos and the selection and arrangement thereof, and all source code and all other material content of any website owned, controlled or operated by Astley Marketing are the intellectual property of Astley Marketing or its content providers and as between Astley Marketing and the customer all intellectual property rights (including all copyright) arising out of or connected with such content shall belong to Astley Marketing. No reproduction of any part is allowed without written permission.
8. Company Imprint
Unless otherwise specifically requested in writing any work may carry the Astley Marketing or associated business/service imprint which will be positioned at Astley Marketings discretion.
9. Delivery & Payment
Turnaround is measured in Working Days, defined as days on which the clearing banks in the City of London are open for normal business. For orders made on a Guaranteed Turnaround service (being orders guaranteed to be ready within a certain period (the “Guaranteed Period”)), delivery (as more particularly described in paragraph 9(b) below) will be made no later than 10pm on the last Working Day of the Guaranteed Period. Should Astley Marketing fail to deliver within the Guaranteed Period (see also paragraph 10 Variations in quantity), a service “credit” will be awarded up to the value of the order in question (redeemable against future orders within 1 month of issue of the Credit in question) (the “Credit”). The customer will still be obliged to pay in full for the order in respect of which delivery was late, including any of the sums charged specifically for the provision of the Guaranteed Turnaround Service (“the Premium Charges”). Where the late delivery is as the result of the action or inaction of a third party, such as a carrier, Astley Marketing, at our absolute discretion, may elect to extend the Turnaround by one Working Day and the customer shall not be awarded a Credit during this time.
These services rely on the customer not delaying the progress of the order in any way (which delays include but are not limited to the customer not returning proofs by the time specified by Astley Marketing or failing to make payment by the time such payment is due) (a “Customer Delay”). In the event of a Customer Delay the customer shall not be awarded a Credit and the customer shall still be obliged to pay the Premium Charges but Astley Marketing shall not be bound to deliver within the Guaranteed Period.
Delivery of work by Astley Marketing shall be deemed to take place upon collection of the work by the customer (where the customer is obliged to collect the work) or (where Astley Marketing is obliged to deliver the work) actual delivery of the work to the customer by Astley Marketing. Where the customer is obliged to collect the work, customer’s failure to collect the work on the day on which Astley Marketing is contractually obliged to have it ready for collection shall be classed as a Customer Delay. Where Astley Marketing is obliged to deliver the work to the customer but the customer provides Astley Marketing with incomplete or incorrect delivery information or is not available to accept delivery, then provided that Astley Marketing has used reasonable endeavours to deliver the work to the customer, a failed delivery shall be classed as a Customer Delay.
Unless otherwise specified the price quoted is for collection of the work from Astley Marketing. A charge may be made to cover any extra costs involved for delivery to a different address.
Should expedited delivery be agreed Astley Marketing shall be entitled to make additional charges on a time and materials basis to cover any overtime or any other additional costs involved, including without limitation, the cost of couriers or special delivery post.
Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days or more Astley Marketing shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
Risk of loss of or damage to work completed by Astley Marketing shall pass to the customer on delivery. Notwithstanding delivery and the passing of risk in the work to the customer, ownership of and title to the work shall not pass to the customer and shall be retained by Astley Marketing until Astley Marketing has received payment in full in respect of the work.
In the unlikely event that Astley Marketing deems it necessary to re-print work, the Guaranteed Period shall recommence from the time of Astley Marketing’s confirmation to the customer of its agreement to reprint the work.
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Astley Marketing and the carrier within three clear days of delivery (or, in the case of non-delivery within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to Astley Marketing and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to Astley Marketing within 28 days of delivery. Astley Marketing shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
Astley Marketing gives no warranties or guarantees or makes any representations as to the merchantability or fitness for a particular purpose of any completed work the subject of a customer’s order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. Astley Marketing shall not be liable for any loss arising from delay in transit not caused by Astley Marketing. Further, Astley Marketing shall not be liable for any indirect, special or consequential damages, loss of profits, direct loss, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggregate liability of Astley Marketing in respect of any and all causes of action arising out of or in connection with the customer’s order and Astley Marketing’s performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall be limited to the sums paid to Astley Marketing by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.
12. Standing Material
Metal and other materials owned by and used by it in the production of plates, film-setting, negatives, positives and the like shall remain the exclusive property of Astley Marketing. Such items when supplied by the customer shall remain the customer’s property. Lithographic, together work or other materials supplied by the customer may be effaced or destroyed immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, Astley Marketing shall be entitled to make additional charges.
13. Customer’s Property
The customer’s property and all property supplied to Astley Marketing by or on behalf of the customer shall while it is in the possession of Astley Marketing or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the customer should insure such property accordingly. Where a customer fails to collect work within 20 working days from notification to the customer of completion of the work, Astley Marketing shall be entitled, at its discretion, to either store the work until actual delivery or collection is made and charge the customer for the costs (including insurance) of storage or to destroy such work (provided that the customer shall nevertheless remain liable for payment in respect of the relevant order).
14. Materials Supplied by the Customer
Astley Marketing may reject any paper, plates or other materials supplied or specified by the customer which it considers to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by Astley Marketing in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer. Astley Marketing shall have no liability in respect of any work being of less than reasonably satisfactory quality as a result of defects in or the unsuitability of materials supplied or specified by the customer. Astley Marketing shall assume that quantities of materials supplied shall be adequate to cover normal spoilage accordingly if the quantities of materials supplied are not sufficient to cover normal spoilage (“an Insufficient Supply”) then Astley Marketing shall have no liability for any shortfall in quantity to the extent that such shortfall arises as a result of such Insufficient Supply.
15. Credit Terms and Payment
For invoices not settled within the agreed credit terms or for payments returned unpaid (such as cheques, credit cards or similar), Astley Marketing reserves the right to charge interest on the overdue debt at 2% above the HSBC base rate at the time and an administration fee to cover its debt recovery costs and any other costs relating to the collection of payment.
If the customer ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against it, Astley Marketing without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to Astley Marketing, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in Astley Marketing’s ’s possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as Astley Marketing thinks fit and to apply the proceeds towards such debts.
17. Illegal Matter
Astley Marketing shall not be required to print or publish any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights or any third party. Without prejudice to paragraph 7 above, the customer shall indemnify and hold Astley Marketing harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or alleged to be defamatory.
18. Periodical Publications
Save in respect of a material breach and/or in the event that a claim arises under any indemnity set out above a contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks notice in writing is given in the case of periodicals produced monthly or more frequently or 26 weeks notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Without prejudice to the foregoing, Astley Marketing may terminate any such contract forthwith should any sum due thereunder remain unpaid for a period of 7 or more days from its due date.
19. Data Protection
By placing an order with Astley Marketing, the customer consents to its details being passed on to direct business partners for accounting and marketing purposes. The details may be kept by direct business partners even after the customer’s trading relationship with Astley Marketing has terminated. Astley Marketing may use the customer’s personal data to let customers know about goods and services similar to the goods or services provided to the customer previously and any others matters that Astley Marketing consider may be of interest to customers.
20. Force Majeure
Astley Marketing shall be under no liability if it shall be unable to perform any obligation which is owed by it to the customer for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to Astley Marketing elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
21. Variation to Terms and Conditions
These terms and conditions may be amended from time to time. The latest version of these terms and conditions may be accessed via the Website.
These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with English law. English Courts shall have jurisdiction in relation to any matters arising in connection with any contract between Astley Marketing and the customer into which these terms are incorporated.
You must agree to the following additional terms and conditions to have your web site hosted by Astley Marketing Limited. By placing your order you indicate acceptance of these terms.
1. Allowed content
We do not allow storage and/or display of the following material on its servers. This includes uploading to web sites, or transmitting by any material (by e-mail, uploading, posting or otherwise).
Adult Sites: We prohibit any adult (pornographic) web-sites on our servers, including pedophile sites, sites linking to pornographic sites (outside links) and pornographic advertisements on your own site. Illegal use: Our services may not be used for illegal purposes, or in support of illegal activities.
Copyright or trademark infringement: Use of the our service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorised copying of copyrighted material, the digitisation and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorised transmittal of copyrighted software. Distribution of Viruses, Spyware, and Malware: Distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Distribution of software that monitors computer or computer user activity without the computer user's knowledge and consent is prohibited.
Spamming (sending unsolicited commercial or bulk emails) using our servers is strictly not allowed. DO NOT SEND SPAM EMAIL FROM OUR SERVERS.
Sending spam emails which include links to a web site hosted on one of our servers is also forbidden. We reserve the right to suspend or terminate any site that is linked to from spam emails.
To protect our servers we may impose limits on the number of emails sent within a particular time frame from our servers.
Usenet Spamming: We have a zero tolerance policy for the use of our network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
3. Server Use
We want to allow our customers to use our servers the best way, but in order to protect other users, we may, temporarily or not, suspend a shared hosting site if this site slows down our servers or uses too much server resource. In this case, we will try to find a solution together with the customer.
You may not use your site to publish material, which we determine, at our sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
You must take reasonable steps to protect the security of our servers. This includes, but is not limited to:
The following constitute violations of our terms and conditions:
Illegal use: Our services may not be used for illegal purposes, or in support of illegal activities. We reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harm to minors: Use of the our service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Threats: Use of the our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment: Use of the our service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of the our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," "hyip schemes," and "chain letters."
Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending accounts.
Unauthorised access: Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ours or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.
Fraudulent links: Use of fraudulent referrers to a site hosted on our servers is forbidden. This includes, but is not limited to, blog ping backs. Inappropriate (e.g. off-topic or automated) postings to forums, or other services containing links to a site hosted on our servers is forbidden.
Servers and Proxies: Use of server software or scripts which creates a listening socket on our server is forbidden. Proxies which receive requests over HTTP and use our network connection to forward the request to another server are not permitted. This includes, but is not limited to, HTTP proxies. File Sharing and Bit Torrents: Use of software and scripts for "file sharing", "bit torrents" or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms.
You are responsible for ensuring that any scripts that you install do not compromise the security of our servers. This includes, but is not limited to:
If a script installed on your site is compromised, we may require a clean up of your site.
Where we provide an automatic script installer we may update installed scripts to the latest releases.
5. Server maintenance
We might have, from time to time, to perform maintenance, upgrades or replacements to our servers. We reserve the right to suspend access to such server during the required time to do the maintenance, upgrade or exchange the server, for no more than 4 hours. In this event, the users will be sent an e- mail at least 24 hours before the due date and time for maintenance.
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us, our employees, suppliers, customers or any third party.
You, as our customer, are solely responsible for the content stored on and served by your web site.
You are solely responsible for maintaining adequate backups of your content.
We may provide a backup service for your site, however, we do not accept responsibility for any failure of our backup mechanism. We will restore your site from backup without charge once each calendar month. If further restorations are necessary, we may charge a £10 GBP fee for doing so.
8. Technical Support
We provide technical support to our customers via a support ticketing and email. For shared hosting, we provides support related to your web site physical functioning. We do not offer technical support for application specific issues such as PHP or cgi programming, html, script installation or any other such issue. There are links in the members area to other web sites that can help with such issues.
You may purchase additional technical support for issues which are not covered by our normal support. Our standard technical support rate is £30 GBP per half hour, paid in advance. For a cost estimate for additional support please create a support ticket in the members area describing the support you require. If you purchase additional technical support and our estimate is too low we will stop work and advise you as soon as possible and provide you with a new estimate. If our estimate is too high, we will refund any extra amount paid by you.
9. Dedicated Servers
Standard dedicated server technical support is limited to resolving issues related to functioning of the server hardware. The customer agrees to provide any information required to diagnose faults, such as root passwords. We will on request perform a power-cycle reboot of your dedicated server.
Additional Basic and Advanced management are available for purchase in advance. These provide additional support for day to day running of your server, and include the following activities:
For customers who take advantage of the Advanced Management service, we will undertake any administration tasks on your server as directed, up to 2 hours per month (doubled to 4 hours for the first month). Unused hours can be carried over into the next month (but not subsequent months).
We may modify any of these terms and conditions contained, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such rules, changes or modifications. If any modification is unacceptable to you, your only recourse is to terminate your account(s). In this case, a pro-rata repayment of web hosting costs will be made.
11. Up-time Guarantee
We have an availability guarantee of 99.9% availability per month. If this is not met, we will, on request, credit your hosting with 1 day for each hour your site is down, up to a maximum credit of 30 days in any calendar month. The Up-time Guarantee is only applicable to shared web and Aviant hosting. It is not applicable to domain name registrations or dedicated server hosting. Up-time monitoring can be achieved using online systems such as Pingdom.
12. Chargeback and Payment Disputes
All payment disputes must be raised via email.
If you dispute a payment through your credit card company, through PayPal or another financial institution we may immediately suspend or terminate all services you have purchased from us. We may levy a charge of £20 GBP per dispute instance, payable before we restore your services. If we are charged a chargeback settlement fee, or other fee related to the payment dispute, we may pass this fee onto you.
13. Termination and Suspension
You may terminate your hosting at any time by advising us via email that you wish to do so.
We may suspend any or all of your services where we have reason to suspect a violation of our terms and conditions whilst we investigate the suspected violation. We may suspend your services where we have reason to suspect that a script installed on your site is being abused whilst we investigate the suspected abuse.
14. Clean Up
If we suspect that activities performed by you or a third party on your hosting account, whether deliberate or not, may compromise the security of our server or any other server or computer, we may require a clean up to be performed.
A simple clean up will be provided free of charge, resulting in total loss of existing data on your hosting account. You should then restore the site from your backups. Depending on the severity, we may agree to perform a complex clean up (targeting only compromised files), for which we will charge support at our standard support rate.
If you violate our terms and conditions we may terminate or suspend (temporarily or indefinitely) any services you have with us. In this case no refund will be given for any payments that have been, or are made by you to us.
Following a violations of or terms and conditions, we may levy an investigation charge of £30 GBP per instance.
16. Cancellation and refund
All hosting accounts are charged annually, we will in the majority of cases notify you in advance of the renewal date by email when we feel that the service is no longer used by you or your business. If we do not hear from you before the renewal date then it is assumed that the service is still required and we will invoice you accordingly by email as before. Payments for hosting service renewals are due within 14 days of the invoice date or supply date (whichever is the most recent).
If you wish to cancel the service after the renewal date we, to our discretion, can offer to credit note up to a maximum of 50% of the invoice amount for the hosting costs.
Domain name registrations cannot be cancelled after their renewal date and are not refundable. You should notify us that these are no-longer required with plenty of notice (and at very least 2 weeks) by email. We will confirm your request by reply and arrange the cancellation. If you do not have confirmation from us by email then you should assume that we have not received your request/instruction and contact us by telephone or post.
17. Reduced rates
We offer discounts to Charities and some services are charged at a reduced rates when we feel that their return is of higher value to their cost. For example, website holding pages are simple in nature and can benefit us by way of appropriate linking to your clients or your service providers. This then helps us to build a stronger relationship with our mutual partners. In this event we ask that in addition to point 8 of the 'Terms governing the use of our services' (above) we reserve the right to add non-competitive and discrete links. These additional links can be removed, please just ask.
Tel: 0116 318 3868
Astley Marketing Ltd - Website design Leicester, ecommerce, Wordpress, Opencart and Magento
13 Gorham Rise, Broughton Astley,
Leicestershire LE9 6QR UK