DEFINITIONS
The Company, Us, Our, We, Staff, etc represent Advenzia Ltd whose registered
address is 229 Nether Street, London, England. Advenzia can be contacted
at Advenzia Ltd, Business & Technology Centre, Bessemer Drive , Stevenage,
Herts, United Kingdom
The Website refers to Advenzia.co.uk, Advenzia.com and
is owned by Advenzia Ltd
WEBSITE TERMS OF USE
By using this website you agree that you agree to our terms and conditions.
Should you not agree to our terms and conditions you may not use the Advenzia
website. This website is for information purposes only, and to give general
guidelines and should not be understood to constitute an offer of any
kind by Advenzia Limted. Whilst we try to take care to ensure that information
is up to date, it may be the case that from time to time, services and
any price guidance, may change before this website is updated with new
information. Advenzia Ltd therefore make it clear that nothing in this
website should be understood to make an offer of any kind other than as
a consultancy service
You agree that use of this site is at your own risk. In
using this site, you understand that you are releasing Advenzia and all
their officers, agents, owners and affiliates for any and all liability
for any direct, indirect, consequential or punitive damages incurred as
a result of your access to or use of this site. Images and content displayed
on the site are either property of, or used with permission by, Advenzia
. The unauthorized use of these images is prohibited unless specific permission
is provided.
Advenzia will make every effort to keep information contained
with the website accurate Howsoever, Advenzia is not offering for sale
any of the Products whose information is displayed on the website, but
giving guidance only on products which we have either in development,
or have developed or may have available from time to time. The sale of
any product or service is subject to whatever agreements Advenzia may
constitute at their discretion at that time, and Advenzia make clear that
the company cannot be held responsible for any changes in the website
between policies and services being changed and the website being updated.
Advenzia shall not be liable for any services or modification of services
or representations made on the website. Advenzia shall not be liable for
any modification or non-availability of this website
You are welcome to send comments on the websites if conducted
in a proper manner and Advenzia will reserve the right to modify and allow
Advenzia the use of those comments
Advenzia shall assume no responsibility for ensuring that
the content of the website is up to date and makes no warranty or representation
without limitation about the accuracy or suitability of any product or
service within the website
Advenzia shall not be liable for any modification or removal
of any part of this website either in part or whole. Photographs, images
and screenshots on the website may be the copyright of clients of Advenzia,
Advenzia, or suppliers of Advenzia and are therefore copyright of their
respective owners. You may therefore not copy or modufy any information
contained on the website without authorisation from Advenzia. Photographic
images shown on the website are not necessarily of members of Advenzia
and may occasionally have been supplied by third parties for display and
layout purposes only. Advenzia may no claim to the origination of all
images supplied by third parties and make no warranty as to their origination
from within Advenzia. Advenzia website may from time to time contain links
top third party web sites and Advenzia make no representation as to the
accuracy of information contained within third party links
The website is copyright of either Advenzia or supporting
companies who may have contributed in some way and expressly forbid the
copying, downloading or modifications of information therein
GOODS
The services and products contained within the website are for information
guidance only. In the case of an Advenzia web user requiring to purchase
any item or service an individual quotation will be supplied. The description
and quantity of the goods to be sold (“the Goods”) shall be
as set out in the individual quotation provided by the Seller to the Buyer
(“the Quotation”)
The Seller shall deliver the Goods to the Buyer at the
address of the Buyer as shown on the Quotation on the date shown on the
Quotation. Time shall not be of the essence for delivery
The Buyer shall be be shown further information during
the progress of any project if appropriate and the acceptance of that
will be deemed as acceptance of any product or service.
The Goods shall be at the risk of the Buyer following delivery. Notwithstanding
delivery title in the Goods shall not pass to the Buyer until the Seller
has made payment of all sums owing to the Buyer. Until such time as title
in the Goods passes to the Buyer the Seller shall have the right to repossess
or otherwise recover the Goods
LIMITATION OF LIABILITY
Save in respect of personal injury or death due to the negligence of the
Seller the Seller shall not be liable to the Buyer in respect of any loss
suffered by the Buyer due to any defect in the Goods Without prejudice
to Condition the Seller shall not be liable to the Buyer or any third
party for any loss of profit, consequential or other economic loss suffered
by the Buyer arising in any way from this Agreement. Save in respect of
personal injury or death due to the negligence of the Seller the liability
of the Seller under these Conditions shall not exceed the Price
FORCE MAJEURE
The Seller shall not be liable for any default due to any circumstance
beyond the reasonable control of the Seller including, but not limited
to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil
or military authorities, fire flood, earthquake or shortage of supply
or failure to deliver of the suppliers of the Supplier
GENERAL
If any term or provision of these Conditions is held invalid illegal or
unenforceable for any reason by any Court of competent jurisdiction such
provision shall be severed and the remainder of the provisions hereof
shall continue in full force and effect as if these Conditions had been
agreed with the invalid illegal or unenforceable provision eliminated
The Seller may without the consent of the Buyer sublicence its rights
or obligations or any part of these Conditions.
The headings in these Conditions are for ease of reference only and shall
not affect the interpretation of any of the Conditions. Advenzia will
normally attempt to keep backups of customer material at its discretion
for a period of time for its own convenience. However Advenzia reserve
the right not to be liable in any way for any failure to keep any information,
data or other electronic information, nor does it warrant the stability
of any of its systems to contain data. The customer should therefore ensure
that at all times they are in possession of data backups as appropriate.
Web server users should obtain at regular intervals backup files of information
they may have stored on the Advenzia Servers and it is deemed that it
is their resposnsibility
Advenzia do not allow any of the following content to
be stored on its servers:
Illegal Material - This includes copyrighted works, commercial audio,
video, or music files, and any material in violation of any Federal, State
or Local regulation. Advenzia reserves the right to refuse service and
/or access to its servers to anyone for whatever reasons it chooses should
it reasonably believe that these terms are not complied with or that it
would not be in either teh interests of Advenzia, its customers or third
party suppliers
Payment
Payment of invoices will be due within 14 days unless otherwise agreed
in writing. Depending on the payment method and the service, payment may
be made in advance or as Advenzia agree at the time. For guidance a payment
of thirty percent of the entire project cost may be required in advance
, with further stage payments throughout. For printing one hundred percent
may be required in advance before commencement. Advenzia reserve the right
to charge additional interest payments at its discrection for late payment
on either a monthly or weekly basis. In such cases
Cancellation
If a project is cancelled by a client for any reason whatsoever, Advenzia
reserve the right to charge for work done plus a cancellation fee at its
discretion
Limitation of Liability. Advenzia is not responsible for
any failures, delays, or interruptions in the delivery of any content
or services contained on the Advenzia server; or losses or damages arising
from the use of the content or services provided by advenzia . For greater
certainty and without limitation to the generality of the foregoing:
Advenzia liability to User for actual damages for any cause whatsoever,
regardless of the form of action will be limited to a maximum of the fees
paid by User to Advenzia
in no event will Advenzia be liable to User for any indirect, incidental,
or consequential damages arising out of the Service or in connection with
the Site or any other services or products provided to User;
Advenzia , its officers, directors, owners, agents and employees, shall
in no way be liable to User or anyone else for any loss or injury resulting
from use of the Service or the Site;
in no event shall Advenzia be liable for any damages, whatsoever, as a
result of the notifying of any official of potentially illegal content
on the Site, providing copies of User's said Site to the appropriate officials
or cooperating with law enforcement efforts to locate persons who have
posted content that is illegal or promotes illegal conduct;
In no event shall Advenzia be liable for any damages, whatsoever, as a
result of the termination of this Agreement by Advenzia
Indemnity. User agrees to indemnify and hold Advenzia harmless from and
against, and to reimburse Adevenzia with respect to, any and all losses,
damages, liabilities, claims, judgments, settlements, fines, costs and
expenses (including reasonable related expenses, legal fees and costs
of investigation) or every nature whatsoever incurred by Advenzia by reason
of or arising out of or in connection with (i) any breach of this Agreement
by User; (ii) any infringement of any copyright, trade-mark, patent, trade
secret or any other intellectual propriety right of any party by content
on the Site; or (iv) illegal, libellous, or defamatory content on the
Site.
You agree to all above terms and conditions, and you agree to hold harmless
advenzia and Released Parties from any and all claims resulting from your
access and use of this site and the products or services featured in it.
By entering Advenzia you verify that you have read and understand all
these terms and conditions without reservation.
Disclosure to Law Enforcement: The AUP specifically
prohibits the use of our service for illegal activities. Therefore, Subscriber
agrees that the Company may disclose any and all subscriber information
including assigned IP numbers, account history, account use, etc. to any
law enforcement agent who makes a written request without further consent
or notification to the Subscriber. In addition Advenzia shall have the
right to terminate all service set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature
of the service furnished and the initial rates and charges have been communicated
to Subscriber. Subscriber is aware that the Company may prospectively
change the specified rates and charges from time to time. The promotional
offer is contingent upon Company achieving and maintaining its cost of
service goals including but not limited to rates charged to company by
its suppliers.
Payment: Establishment of this service is dependent upon
receipt by the Company of payment of stated charges. Subsequent payments
are due on the anniversary date of the month for that month's service.
All accounts and services provided by Advenzia k are subject to the current
tax rate as imposed by the United Kingdom or wherever the service is being
provided, and may require an additional tax of 17.5% value added tax as
required by United Kindom or European law
Payments and Fees: Credit cards that are declined for
any reason are subject to a £5.00 declination fee. Service will
be interrupted on accounts that reach 10 days past due. Service interrupted
for nonpayment is subject to a £100 reconnect charge. Accounts not
paid by due date are subject to a £7.95 late fee. Accounts that
are not collectable by Advenzia may be turned over to an outside collection
agency for collection. If your account is turned over for collection,
you agree to pay the company a "Processing and Collection" Fee
of not less than £50 nor more than £150. If you desire to
cancel your account, please follow the proper procedure to do this as
outlined in this TOS.
Refund and Disputes: All payments to Advenzia, Inc. are
nonrefundable. This includes the one time setup fee and subsequent charges
regardless of usage. All overcharges or billing disputes must be reported
within 60 days of the time the dispute occurred. If you dispute a charge
to your credit card issuer that, in Advenzia sole discretion is a valid
charge under the provisions of the TOS and /or AUP, you agree to pay Advenzia
an "Administrative Fee" of not less than £25 and not more
than £150.
Failure to Pay: The Company may temporarily deny service
or terminate this Agreement upon the failure of Subscriber to pay charges
when due. Such termination or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus reasonable interest and any
collection fees.
Account Cancellation: All requests for canceling accounts
must be made in writing with at least 30 days notice but not more than
60 days prior written notice and sent to Advenzia Limited, BTC, Bessemer
Drive, Stevenag, Herts
Subscriber acknowledges that the service provided is of
such a nature that service can be interrupted for many reasons other than
the negligence of the company and that damages resulting from any interruption
of service are difficult to ascertain. Therefore, subscriber agrees that
the company shall not be liable for any damages arising from such causes
beyond the direct and exclusive control of the company. Subscriber further
acknowledges that the company's liability for its own negligence may not
in any event exceed an amount equivalent to charges payable by subscriber
for services during the period damages occurred. In no event shall the
company be liable for any special or consequential damages, loss or injury.
New Domain Accounts: All new webhosting accounts involving
new domains will be set up and entered into our DNS servers within 3 to
5 business days. Due to unforeseen complications, however, this process
may sometimes require up to 7 business days. If the new domain is registered
by the account holder, there will be no handling fee. If the domain is
registered by Advenzia on behalf of the account holder a handling fee
will be incurred.
Transfer of Domains: New webhosting accounts which involve
the transfer of a domain from another provider to Advenzia will require
a minimum of seven (7) days to be set up and entered into our DNS servers.
In some cases, such transfers may take up to sixty (60) days. Due to the
unpredictable nature of the transfer process, no guarantees are made regarding
the amount of time a specific transfer may take. If the transfer of the
domain is done by Advenzia on behalf of the account holder a handling
fee may be incurred. If the customer cancels service during the transfer
period for any reason, all charges are considered earned.Support
Boundaries: Avenzia technical support to our subscribers is limited to
our technical support to our area of expertise. The following is our guidelines
when providing support: Advenzia provides support related to your server
or virtual site physical functioning. Advenzia does not offer tech support
for application specific issues such as cgi programming, html or any other
such issue other than as an additional service.
SPAM and Unsolicited Commercial Email (UCE): Advenzia
takes a zero tolerance approach to the sending of Unsolicited Commercial
Email (UCE) or SPAM over our network. Very simply this means that customers
of Advenzia may not use or permit others to use our network to transact
in UCE. Customers of Advenzia may not host, or permit hosting of, sites
or information that is advertised by UCE from other networks. Violations
of this policy carry severe penalties, including termination of service.
Violation of Advenzia SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our SPAM policy,
advenzia will initiate an immediate investigation (within 48 hours of
notification). During the investigation, Advenzia may restrict customer
access to the network to prevent further violations. If a customer is
found to be in violation of our SPAM policy, Adevnzia may, at its sole
discretion, restrict, suspend or terminate customer's account. Further,
Advenzia reserves the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation. Adenzia will
notify law enforcement officials if the violation is believed to be a
criminal offense.
As our Customers are ultimately responsible for the actions
of their clients over the Advenzia network, it is advisable that Customers
develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server
that support spammers or cause any of our IP space to be listed in any
of the various Spam Databases will have their server immediately removed
from our network. The server will not be reconnected until such time that
you agree to remove ANY and ALL traces of the offending material immediately
upon reconnection and agree to allow us access to the server to confirm
that all material has been COMPLETELY removed. Severe violations may result
in immediate and permanent removal of the server from our network without
notice to the customer. Any server guilty of a second violation WILL be
immediately and permanently removed from our network without notice.
Please note that our 30 day money back guarantee for internet
hosting only applies to shared servers. Naturally because of the high
cost of setting up individual dedicated servers for clients we cannot
give such money back guarantees for dedicated servers.
Network
IP Address Ownership: If Advenzia assigns Customer an
Internet Protocol address for Customer's use, the right to use that Internet
Protocol address shall belong only to Advenzia, and Customer shall have
no right to use that Internet Protocol address except as permitted by
Advenzia in its sole discretion in connection with the Services, during
the term of this Agreement. Adevnzia shall maintain and control ownership
of all Internet Protocol numbers and addresses that may be assigned to
Customer by Advenzia, and Advenzia reserves the right to change or remove
any and all such Internet Protocol numbers and addresses, in its sole
and absolute discretion. Our allocation of IP addresses is limited by
ARIN's new policies. These new policies state that use of IP addresses
for IP based virtual hosts will not be accepted as justification for new
IP addresses. What this means to you is that you MUST use name-based hosting
where possible. We will periodically review IP address usage, and if we
find that clients are using IP addresses where name-based hosting could
be used, we will revoke authorization to use those IP addresses that could
be used with name-based hosting.
Bandwidth
and Disk Usage: Customer agrees that bandwidth and disk usage shall not
exceed the number of megabytes per month for the Services ordered by Customer
on the Order Form (the "Agreed Usage"). Advenzia will monitor
Customer's bandwidth and disk usage. Advenzia shall have the right to
take corrective action if Customer's bandwidth or disk usage exceeds the
Agreed Usage. Such corrective action may include the assessment of additional
charges, disconnection or discontinuance of any and all Services, or termination
of this Agreement, which actions may be taken is in Advenzia sole and
absolute discretion. If Advenzia takes any corrective action under this
section, Customer shall not be entitled to a refund of any fees paid in
advance prior to such action. In the event that a customer exceeds the
included allocation, Advenzia may, at its sole discretion, collect a deposit,
in an amount determined by Advenzia, against customer's credit card on
file with AdvenziHigh bandwidth usage: Advenzia offers an unlimited use
policy by maintaining very large ratios of bandwidth per customer. In
rare cases,Advenzia may find a customer to be using server resources to
such an extent that he or she may jeopardize server performance and resources
for other customers. In such instances, Advenzia reserves the right to
impose the High Resource User Policy for the consideration of all customers
System and Network Security: Users are prohibited from
violating or attempting to violate the security of the Advenzia Network.
Violations of system or network security may result in civil or criminal
liability. Advenzia will investigate occurrences, which may involve such
violations and may involve, and cooperate with, law enforcement authorities
in prosecuting Users who are involved in such violations. These violations
include, without limitation:
Accessing data not intended for such User or logging into
a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of
a system or network or to breach security or authentication measures without
proper authorization.
Attempting to interfere with service to any user, host
or network, including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which
such User is not entitled.
Notification of Violation:
Advenzia is under no duty to look at each customer's or
user's activities to determine if a violation of the AUP has occurred,
nor do we assume any responsibility through our AUP to monitor or police
Internet-related activities.
First violation: Any User, which Advenzia determines to
have violated any element of this Acceptable Use Policy, shall receive
an email, warning them of the violation. The service may be subject at
Advenzia discretion to a temporary suspension pending a User's agreement
in writing, to refrain from any further violations.
Second Violation: Users that Advenzia determines to have
committed a second violation of any element of this Acceptable Use Policy
shall be subject to immediate suspension or termination of service without
further notice.
We reserve the right, to drop the section of IP space
involved in Spam or Denial-of-Service complaints if it is clear that the
offending activity is causing great harm to parties on the Internet. In
particular, if open relays are on your network or a customer's network,
or if denial of service attacks are originating from your network. In
certain rare cases, we may have to do this before attempting to contact
you. If we do this, we will contact you as soon as is feasible.
Suspension of Service or Cancellation: Advenzia reserves
the right to suspend network access to any customer if in the judgment
of the Advenzia network administrators the customer's server is the source
or target of the violation of any of the other terms of the AUP or for
any other reason which Advenzia chooses. If inappropriate activity is
detected, all accounts of the Customer in question will be deactivated
until an investigation is complete. Prior notification to the Customer
is not assured. In extreme cases, law enforcement will be contacted regarding
the activity. The customer will not be credited for the time the customer's
machines were suspended.
Advenzia reserves the right to amend its policies at any
time. All Sub-Networks, resellers and managed servers of Advenzia must
adhere to the above policies. Failure to follow any term or condition
will be grounds for immediate Cancellation. You will be held responsible
for the actions of your clients in the matter described on these Terms
and conditions. Therefore, it is in your best interest to implement a
similar or stricter Terms and conditions or otherwise called Acceptable
Terms of use policy.
Indemnification: Advenzia wishes to emphasize that in
agreeing to the Advenzia Acceptable Use Policy (AUP) and Terms of Service
(ToS), customer indemnifies Advenzia for any violation of the Acceptable
Use Policy (AUP) and Terms of Service (ToS) that results in loss to Advenzia
or the bringing of any claim against Advenzia by any third-party. This
means that if Advenzia is sued because of a customer's or a customer of
a customer's activity, the customer will pay any damages awarded against
Advenzia, plus all costs and fees.
Miscellaneous Provisions: You must provide us with, and
keep current, good contact information for you. E-mail, fax, and telephone
contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision
of this Agreement by Subscriber shall not operate as or be construed as
a continuing or subsequent waiver thereof or as a waiver of any breach
of any other provision thereof.
Subscriber shall not transfer or assign this Agreement
without the prior written consent of the Company. Company may assign Agreement
at anytime without consent from or notice to Subscriber. Company reserves
right to cancel customers rights under this contract at anytime without
further obligation.
Advenzia is not responsible for any damages your business
may suffer. Advenzia does not make implied or written warranties for any
of our services. Advenzia denies any warranty or merchantability for a
specific purpose. This includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused by Advenzia.
It is absolutely forbidden to host pornographic content or IRC servers
on Virtual Server Accounts. Virtual Server Accounts found hosting this
material will be subject to immediate cancellation without refund.
Responsibility for Content: You, as Advenzia's customer,
are solely responsible for the content stored on and served by your Advenzia
server.
THIS SYSTEM AND ALL INFORMATION, PRODUCTS, DOCUMENTS AND
SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND.
ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY,
TITLE AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. THIS IS A
BUSINESS SYSTEM AND IS NOT FOR PERSONAL, HOUSEHOLD OR FAMILY USE.
ENTIRE AGREEMENT
Each of the parties agrees that save in respect of statements made fraudulently
it shall have no remedy in respect of any untrue statement upon which
it relied in entering this Agreement and that its only remedies shall
be for breach of contract
GOVERNING LAW AND JURISDICTION
This agreement shall be governed by the laws of England and Wales and
the parties hereby submit to the non-exclusive jurisdiction of the Courts
of England and Wales
RIGHTS OF CONSUMER
Nothing in these Conditions shall affect the statutory rights of a consumer.