Creative

Communications

CLIENT SATISFACTION

It is very important to us that you are happy with the service we provide. If for any reason you are not we will be happy to help and put it right. In the first instance speak to your account manager alternatively phone 0845 299 8 211 or email hello@iuvo.agency

COOKIE POLICY

This section is our effort to be in compliance with the EU Cookie Law (also known as the EU e-Privacy Directive). While visiting this site, your computer will be issued with one or many small files (called “cookies”) for the purposes of securing,managing and improving the services on our website. You can set your browser to refuse cookies or warn you before accepting them, but this will likely have a negative impact on the functionality of this site. A cookies that this site uses are as follows:

PHPSESSID

. Essential . Session . To identify your unique session on the website.

_ga and Google Analytics

. Fairly Intrusive . Session – 2 Year . We collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. These cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited. These cookies can include _ga, __utma, __utmb, __utmc, __utmz, and __utmv.

__cfduid

. Non-Essential but Harmless . Until Dec. 2019 . In order to protect our website from security threats such as hackers and to boost its performance, we route our DNS through CloudFlare. The “__cfduid” cookie is set by the CloudFlare service and stores no personally identifiable data.

COMPANY TERMS OF BUSINESS

By appointing iUVO to undertake a project, you are automatically bound by these terms.

Late Payment Fee and Suspended Services

If payment or payment confirmation is not received within 14 working days, we reserve the right to charge a late payment fee for 5% of the remaining balance to our clients. We also reserve the right to suspend your website/hosting account and stop all work until payment has reached us in full.

Unpaid accounts

In the event of an account being unpaid for over 30 days of the final invoice date we reserve the right to pursue recovery of any outstanding debts by means of a collection agency. Any extra charges incurred during the collection process will be added to the clients total bill including any additional administration charges.

 

PRIVACY POLICY

BACKGROUND:

This Policy applies as between you, the User of this Website and iUVO the owner and provider of this Website. This Policy applies to our use of any and all Data collected by us in relation to your use of the Website.

1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

“Data” means collectively all information that you submit to iUVO via the Website. This definition shall, where applicable, incorporate the definitions provided in the Data Protection Act 1998;

” iUVO Design LTD  (iUVO or IUVO)” means iUVO of 2 Victoria Square, St Albans AL1 3TF;

“User” means any third party that accesses the Website and is not employed by iUVO and acting in the course of their employment; and

“Website” means the website that you are currently using www.iuvo.agency and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Scope of this Policy

This Policy applies only to the actions of iUVO and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

3. Data Collected

3.1 This Website does not collect Data about our Users by any means unless you contact hello@iuvo.agency via an email link which is included in the Website. This Website does not place cookies on your computer and does not use any other means of data collection including, but not limited to, forms.
3.2 From emails we may collect your name, your email address and any other information which you opt to supply.

4. Our Use of Data

4.1 iUVO will use your Data for the following purposes:
4.1.1 [responding to the contents of your email to us;]
4.1.2 [internal record keeping;]
4.1.3 [improvement of our products / services;]
4.1.4 [transmission by email of promotional materials that may be of interest to you;]
4.1.5 [Contact for market research purposes which may be done using email. Such information may be used to customise or update the Website.]

5. Links to Other Websites

This Website may, from time to time, provide links to other websites. iUVO has no control over such websites and is in no way responsible for the content thereof. This Policy does not extend to your use of such websites. Users are advised to read the privacy policy or statement of other websites prior to using them.

6. Accessing your own

Data
You have the right to ask for a copy of any of your personal Data held by iUVO (where any such data is held) on payment of a small fee which will not exceed £5.00

7. Security

7.1 Data security is of great importance to iUVO and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website.

7.2 Specifically we use the following systems:

7.2.1 No personal data is stored on our website. Contact form submissions details are not stored and are emailed directly to iUVO using a secure mail server.

7.2.2 Cookies are only used to maintain the functionality of this website. No personal details are captured or stored.

8. Changes to this Policy iUVO reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the Policy on your first use of the Website following the alterations.

 

WEB HOSTING

Conditions of Supply of Internet Services

iUVO is a brand of iUVO Design Ltd (hereinafter referred to as “iUVO”), a provider of internet related services including connectivity, co-location, dedicated and shared server, website hosting and domain name services. These Conditions set out the terms under which iUVO will provide Services to the Client (as such terms are defined below). These Conditions should be read in conjunction with the acceptable user policy which can be viewed herein. These Conditions will be supplemented from time to time by order confirmation forms setting out specific details relating to services requested by the Client and, as so supplemented, will apply to the exclusion of any other terms and conditions including any which the Client may attempt to introduce. iUVO reserves the right to change, add, subtract or in way alter these Conditions without the prior consent of the Client.

To the extent that the Client is deemed to be a consumer (as defined by the Unfair Contract Terms Act 1977) then these Conditions will not affect the rights of the Client as a consumer and will apply to the extent that applicable law allows.

By signing up to our services you are deemed to have accepted these terms and conditions and the acceptable user policy.

These Conditions are divided into four parts, however all parts may not apply in every case:

Part 1 applies in all cases.

Part 2 applies where iUVO is to provide software and/or equipment in connection with the Services.

Part 3 applies where the Services include ongoing support and maintenance services.

Part 4 applies where the Services include domain name registration services.

PART 1 – GENERAL PROVISIONS

1 Definitions In these Conditions, the following expressions will have the following meanings, unless inconsistent with the context:

“Agreement”
the agreement between iUVO and the Client for the provision of Services formed by these Conditions and the Order Confirmation(s)

“Ancillary Systems”
any Software and/or Equipment

“Associated Company”
in respect of either party, a subsidiary or holding company of that party or any subsidiary of such holding company and the terms “subsidiary” and “holding company” will have the meanings given to them by sections 736 and 736A Companies Act 1985

“Business Customer”
You are a business customer if you are an a commercial entity or an individual (a) registering, using or planning to use the Requested Domain as part of a business trade or profession; (b) purchasing a Domain name during the a “Sunrise” or “Landrush” period as defined in the Domain Name Conditions for the Domain Name Registry (c) at your sole discretion, purchasing a Domain Name for financial or Commercial gain, including, without limitation, for the sole purpose of placing advertisements on the Domain Name; (d) purchased 10 or more Domains and purport to act as a business customer as defined.

“Business Day”
a day which is not a Saturday or Sunday or public or bank holiday in England and Wales

“Business Hours”
9am to 5pm on each Business Day

“Client Materials”
data, text, images, graphics, videos, logos and other content and material, hardware or equipment provided by the Client in connection with the Agreement for use by iUVO in providing the Services

“Client”
as identified on the Order Confirmation(s)

“Client System”
the Client’s computer system upon which the Software is loaded or otherwise in connection with which the Services are provided
”Conditions”
these conditions (in four parts) to be read in conjunction with the Order Confirmation(s)

“Consumer”
You are a consumer if You are an individual not: (a) registering, using or planning to use the Requested Domain as part of a business trade or profession; (b) purchasing a Domain Name during a “Sunrise” or “Landrush” period as defined in the Domain Name Conditions for the Domain Name Registry (c) at Your sole discretion, purchasing a Domain Name for financial or commercial gain, including, without limitation, for the sole purpose of placing advertisements on the Domain Name. You shall not be treated as a consumer under the contract if You have purchased or are the registered holder of 10 or more Domain Names.

“Defect”
any defect in systems having a material effect on the Client’s use or operation of the Services or any failure by any Ancillary System to comply with any term of Part 2 of these Conditions

“Domain Services”
those domain registration and other related services (if any) provided to the Client by iUVO pursuant to the Agreement, as described on a relevant Order Confirmation
”Equipment”
any hardware, cabling and/or other equipment provided to the Client by iUVO in connection with the Agreement

“Fees”
the charges due to iUVO under the Agreement in relation to the Services, as set out on the Order Confirmation(s)

“iUVO Desgin LTD” 
Trading as iUVO, registered in England (Company No. 4927351), whose registered office is at 2 Victoria Sqaure, St Albans, AL1 3TF

“Intellectual Property Rights”
any and all patents, trade marks, service marks, copyright, moral rights, rights in design, know-how, confidential information and all or any other intellectual or industrial property rights whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world together with all or any goodwill relating to the same

“Netiquette”
generally accepted standards and codes of practice for use of the internet including but not limited to sending bulk unsolicited email, mail bombing or impersonating another person, organisation or website

“Order Confirmation”
the order confirmation form(s) submitted by iUVO to the Client by email or otherwise in writing for the provision of the Services, in response to the Client’s order or request
”Services”
those development, implementation, consultancy, hosting and other services (if any) provided to the Client pursuant to the Agreement, as described on a relevant Order Confirmation, together with any Support Services and Domain Services

“SLA”
the level of performance to be provided by iUVO to the Client in respect of the Services, as set out on the Order Confirmation(s)

“Software”
any communications or other software provided to or made available to the Client by iUVO in connection with the Agreement, but excluding Third Party Software

“Support Services”
those support and maintenance services provided to the Client pursuant to the Agreement, as described on a relevant Order Confirmation

“Support Hours”
the hours during which iUVO will provide the Support Services, as set out on a relevant Order Confirmation

“Third Party Software”
any software identified as third party software (if any) to be provided to the Client pursuant to the Agreement, as set out in a relevant Order Confirmation

“Use the Software”
to load the Software onto and store and run it on the Client System and/or Equipment in accordance with the terms of the Agreement

2 Interpretation

2.1 The headings used in the Agreement are inserted for convenience only and are not intended to be part of nor to affect the meaning or interpretation of any of the Agreement.

2.2 In the Agreement the masculine includes the feminine and the neuter, and the singular includes the plural and vice versa as the context shall admit or require.

2.3 The expression “person” means any individual, firm, body corporate, unincorporated association, partnership, government, state or agency of a state or joint venture.

2.4 In the event of a conflict between any of these Conditions and any Order Confirmation, the conflict will be resolved according to the following order of priority: these Conditions then the Order Confirmation.

2.5 The words “include”, “includes”, “including” and “included” will be construed without limitation unless inconsistent with the context.

2.6 The Agreement (as varied in accordance with its terms) forms the entire understanding of the parties in respect of the matters dealt within it and supersedes all previous agreements, understandings and negotiations between the parties.

2.7 The parties do not intend that any of the terms of the Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not party to it.

2.8 References in these Conditions to clauses means clauses of these Conditions. References in these Conditions to the provisions of statutes or statutory instruments are deemed to include those provisions as amended or substituted

3 Service Provision

3.1 The Services are described or referred to on the Order Confirmation(s). iUVO agrees to supply the Services to the Client on the following conditions, these conditions are not an offer to provide service but a statement of the terms on which we will provide them.

3.2 IUVO will use its reasonable endeavours to provide the Services in accordance with any timescale set out on the Order Confirmation(s), but will not be liable to the Client where, based on those reasonable endeavours, it fails to meet any timescale.

3.3 IUVO will not be liable for any failure to provide the Services resulting from any breach by the Client or its employees, agents or subcontractors of the Agreement.

3.4 IUVO will not be obliged to provide any services not referred to on the Order Confirmation(s). Furthermore, iUVO cannot provide the Services where the Client makes use of incompatible communication systems.

3.5 The terms of the Agreement form the entire agreement between iUVO and the Client in relation to the Services and all other understandings, agreements, warranties, conditions, terms or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law. The Client may not rely upon any representation made or given by any employee of iUVO prior to the Agreement being entered into unless confirmed in the Agreement.

3.6 iUVO reserves the right at any time and from time to time improve, correct or otherwise modify all or any of the Services (including substituting Software and/or Equipment. IUVO will endeavour to give the Client reasonable notice of any such modification, where this is reasonably practicable.

Suspension

3.8 Without prejudice to its other rights and remedies, iUVO may at its sole discretion suspend the provision of the whole or any part of the Services (temporarily or permanently) and will have no liability to provide the Services on the occurrence of any of the following events:

▪ 3.8.1 notified or unscheduled upgrade or maintenance of iUVO’s IT systems;

▪ 3.8.2 issue by any competent authority of an order which is binding on iUVO which affects the Services;

▪ 3.8.3 if the Client fails to pay any Fees or any other sums owing to iUVO by the Client when they fall due;

▪ 3.8.4 if an event occurs and iUVO deem it to be appropriate to terminate the Agreement;

▪ 3.8.5 if the bandwidth or computer memory used by the Client in relation to the Services exceeds any agreed or stipulated level and iUVO determines in its sole discretion that suspension is necessary to protect all and any internet solutions provided by iUVO from time to time;

▪ 3.8.6 if the size of an email, mailing list or cron job used by the Client exceeds any agreed or stipulated size, level or frequency and IUVO determines in its sole discretion that suspension is necessary to protect all and any internet solutions provided by iUVO from time to time; or

▪ 3.8.7 failure or deficiencies in the Client System referring but not limited to hardware, server corruption and security breaches.

▪ 3.8.8 failure by the Client to adhere to any of the provisions outlined in iUVO’s acceptable usage policy.

Where iUVO suspends provision of the Services in accordance with clause 3.8.3, it will only be obliged to recommence provision during Business Hours and once the Client has paid all relevant outstanding sums in clear funds together with any relevant reinstatement fee (as published from time to time by iUVO) and has accepted any revised payment terms requested by iUVO (such as payment by direct debit).

3.9 The Client will provide to iUVO those Client Materials identified on the Order Confirmation(s) within a reasonable time period taking account of the obligations of iUVO under the Agreement.

3.10 The Client warrants that the Client Materials will be accurate in all material respects and will not knowingly include material which is illegal, the accessing holding transmitting or supplying of which would be a criminal offence or which is otherwise unlawful or in breach of any applicable law or code of practice applying to such materials. In particular, the Client warrants that all necessary licences, consents and waivers (including those from rights owners, performers and other contributors) are obtained and paid for by the Client. Without prejudice to the foregoing, iUVO may decline to use any Client Materials on any reasonable grounds.

3.11 The Client will supply in a timely manner all information, instructions, review and feedback reasonably required by iUVO in connection with the performance of its obligations under the Agreement and will appoint a representative who is fully empowered and authorised to provide the same.

4 Service Delivery

4.1 The Client acknowledges that, given the nature of such services, iUVO cannot guarantee that the Services, when delivered via the internet, will be uninterrupted or error free.

4.2 To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services and any Client Systems and Ancillary Systems are provided by IUVO to the Client on an “as is” and “as available” basis and no warranty or representation (express or implied) of any kind are given in connection with the Agreement including as to satisfactory quality and fitness for a particular purpose. In particular, iUVO gives no warranty or representation that:

▪ 4.2.1 the Services will meet the Client’s requirements;

▪ 4.2.2 the Services will be provided on an uninterrupted, timely, secure or error-free basis; or

▪ 4.2.3 any results obtained from use of the Services will be accurate, complete or current.

4.3 iUVO warrants that it will provide the Services with reasonable care and skill and in accordance with any SLA. iUVO will not be liable for a breach of such warranty unless the Client notifies iUVO in writing of such failure within 14 days of the Client becoming aware of the failure.

4.4 If the Client makes a valid claim against iUVO based on a failure by iUVO to comply with the warranty set out in clause 4.3 iUVO may, at its option, take such steps as it deems necessary to remedy such failure or refund such part of the Fees as relates to such Services, provided that the liability of iUVO under such warranty will in no event exceed one and a quarter times the amount of the Fees paid to iUVO by the Client (excluding VAT and expenses) in the 12 month period prior to the date on which the Client makes the claim. If iUVO complies with this clause, it will have no further liability for a breach of the said warranty.

5 Client’s Obligations

5.1 The Client agrees that it shall:

▪ 5.1.1 save as provided in any Order Confirmation, be responsible for keeping regular and full back ups of all material and data hosted by iUVO on any web site or other system operated by the Client on a daily basis (or more frequent basis if required by best computing practice) including the Client System and/or Ancillary Systems. For the avoidance of any doubt iUVO will not attempt to restore any lost material or data of the Client’s except where such loss occurred as a direct result of a iUVO server crash;

▪ 5.1.2. immediately notify iUVO on becoming aware of any unauthorised use of all or any of the Services and/or relevant part of the Client System;

▪ 5.1.3 remove or prevent access to any material hosted on any of the Equipment and/or Client System which causes or is likely to cause the Client to be in breach of the Agreement;

▪ 5.1.4 ensure that it has all necessary consents, permissions and licences to make use of the Services including registration and appropriate consents and approvals under the Data Protection Act 1998;

▪ 5.1.5 ensure that all material or data hosted by iUVO on any web site operated by the Client from time to time or communicated through such site or using the Client System is checked for viruses and other harmful code and has appropriate security patches applied;

▪ 5.1.6 independently monitor its bandwidth in relation to the use of Services and report to iUVO any use of bandwidth over and above those agreed or stipulated levels set out in the Order Confirmation,;

▪ 5.1.7 be entirely liable for all activities conducted and charges incurred under its passwords and user names whether authorised by it or not and the Client acknowledges that  iUVO shall not be liable for any loss of confidentiality or for any damages arising from the Client’s inability to comply with these Conditions;

▪ 5.1.8 comply with any security policy notified to it from time to time by iUVO and, in particular, ensure that all passwords and user names provided to it by  iUVO are at all times kept confidential, used properly and not disclosed to unauthorised people. If the Client has any reason to believe that any password or user name has become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way or of any other breach of security then the Client will inform iUVO immediately;

▪ 5.1.9 ensure that all communication details which it provides to iUVO are at all times true, current, accurate and complete. The Client will promptly notify iUVO of any change to such details and acknowledges that iUVO will not be liable for any loss suffered or incurred by the Client as a result of its failure to notify such changes to iUVO. Clients are advised that a failure to at all times have true, accurate and complete communication details may result in the temporary suspension of a Client’s account; and

▪ 5.1.10 ensure that its systems (including the Client System) meet any minimum system specifications notified to the Client from time to time.

▪ 5.1.11 promptly provide to iUVO and/or its consultants, employees and agents such information and assistance as they may reasonably require in order to be able to carry out the Services and, where relevant, deliver and install any Ancillary Systems.

▪ 5.1.12 will procure all necessary rights from third parties (including intellectual property licences of computer software and website content including ringtones and music) which are from time to time required in order for iUVO to be able legally to provide the Services to the Client.

▪ 5.1.13 obtain and maintain insurance over all parts of the Client System which are located on the premises of IUVO or any of its Associated Companies and to provide evidence that such insurance is in place, upon iUVO’s demand;

▪ 5.1.14 complete its own checks to ensure that any registration or renewal has been made successfully.

5.2 The Client agrees that it shall not:

▪ 5.2.1 use the Services, Ancillary Systems and/or Client System or allow them to be used for any unlawful purpose or for the publication, linking to, issue or display of any unlawful material (including any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights including Intellectual Property Rights of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code) whether under English law or regulation, the laws or regulations of the Client’s country or any other place where the results of such purpose or the material in question can be accessed;

▪ 5.2.2 use the Services, Ancillary Systems and/or Client System or allow them to be used for the publication, linking to, issue or display of any material which in the absolute discretion of iUVO may harm iUVO or any of its Associated Companies or clients or bring iUVO into disrepute or which calls into question any action taken by iUVO on the Client’s behalf;

▪ 5.2.3 use the Services, Ancillary Systems and/or Client System or allow them to be used in breach of good Netiquette practices;

▪ 5.2.4 provide any technical or other information obtained from iUVO and/or relating to the Services to any person which the Client is aware or ought reasonably be aware may directly or indirectly lead to a breach of any law or regulation;

▪ 5.2.5 in breach of good Netiquette practices, use any service provided by any third party (including an internet web site and/or email) for the publication, linking to, issue or display of any material which refers to an internet web site hosted by iUVO or any other products or services offered by iUVO from time to time without iUVO’s prior written consent;

▪ 5.2.6 use any part of the iUVO premises except as is reasonably necessary to inspect and maintain any co-located server hosted as part of the Services and the Client shall ensure that such server is kept in good condition and is in its original condition upon the termination of such hosting;

▪ 5.2.7 whilst present at any iUVO premises, do anything which may be dangerous or a nuisance or inconvenience or to disturb, threaten or abuse any iUVO personnel or other iUVO clients and the Client shall abide by all health and safety and other policies as iUVO may notify to the Client from time to time in relation to any such premises.

5.3 The Client acknowledges that it has appropriate knowledge of how the internet functions, the systems and products provided to it in connection with the Agreement and what types of use and content are and are not acceptable. The Client acknowledges that iUVO shall have no obligation to:

▪ 5.3.1 train the Client on its use of the Services or any Ancillary System;

▪ 5.3.2 manipulate any material which the Client wishes to and/or does post on any web site or other system it operates (including any Client System) or any communication which it issues or sends in connection with any Services; or

▪ 5.3.3 validate or vet such material for usability, legality, content or correctness.

5.4 The Client also acknowledges that the services and products provided by iUVO are standard packages which are not tailored to specific requirements of the Client, unless confirmed in writing by iUVO to the contrary.

5.5 If, in iUVO’s opinion, the Client is in breach of any of the provisions contained in clause 5.2 then iUVO may without prejudice to its other rights and remedies immediately by written notice to the Client:

▪ 5.5.1 suspend provision of the Services;

▪ 5.5.2 terminate the Agreement; or

▪ 5.5.3 amend or remove any Client Materials and/or content appearing on any website or other system hosted by iUVO on behalf of the Client (including any Client System or Ancillary System).

IUVO may also notify appropriate public authorities (governmental or otherwise including the police or other enforcement authority) of any such breach, where it deems necessary.

5.6 Where as part of the Services the Client is entitled (having obtained iUVO’s prior written consent) to resell the whole or any part of the Services to a third party then the Client will:

▪ 5.6.1 procure such third party’s compliance with and acceptance of these Conditions;

▪ 5.6.2 be fully responsible for the acts and omissions of any such third party; and

▪ 5.6.3 indemnify iUVO for any losses it suffers as a result of such acts or omissions.

5.7 The Client acknowledges and understands that it is required to comply with PCI DSS. The Client is responsible to encrypt sensitive data using appropriate methods. For further details on PCI DSS Compliance and the Client’s responsibilities in upholding the standard they need to contact the PCI Security Standards Council.

6 Payment Terms

6.1 The Fees are payable to iUVO subject to the following conditions:

▪ 6.1.1 Fees payable monthly, quarterly or yearly will be paid in advance and will not be refundable in whole or part if the Agreement or any relevant part is terminated during the period to which the payment relates. Clients will automatically be charged again at the end of their prepay period unless the Client has followed the procedure as per clause 12.1.1;

▪ 6.1.2 any set up fee will (unless stated to be included within later payments) be payable immediately;

▪ 6.1.3 additional Fees will become payable if the Client exceeds agreed or stipulated bandwidth use levels. In the event that the Client exceeds the agreed or stipulated bandwidth levels an additional invoice will be produced and sent to the client which must be paid within thirty (30) days. Additional Fees are charged at the rate of £0.010 per every Mega Byte the Client exceeds over their agreed or stipulated bandwidth level.

6.2 Any total sum for the fees set out in an Order Confirmation is (unless stated in the Order Confirmation to be a fixed and firm amount) an estimate of the fees only and not a fixed price quotation.

6.3 Any sums payable by the Client to iUVO under the Agreement are exclusive of value added tax or any similar taxes, levies or duties, which will be added to such sums and be payable by the Client at the appropriate rate.

6.4 The Client agrees to pay iUVO’s invoices within 7 days of invoice due date.

6.5 If invoices are not settled in full by then, the Client will without prejudice to its other rights and remedies (including the right to suspend the Services under clause 3.8.3) be liable to pay interest on any sum outstanding from the due date for payment at the annual rate of 6% above the base lending rate from time to time of Barclays Bank plc accruing on a daily basis until payment is made whether before or after any judgment.

6.6 All Accounts that have any unsettled invoices 20 days after their due date will be suspended. If a further invoice falls due during the suspension of the Client’s account then this will be added to outstanding balance owed by the Client.

6.7 All accounts that have any unsettled invoices 20 days after the due date will be passed onto a Debt Recovery Agency, where additional recovery charges and court cost may accrue.

6.8 All sums payable to iUVO under the Agreement must be paid in full with no set off or deduction.

6.9 iUVO has a general and particular lien over the Client System until all claims and money payable by the Client to IUVO on any account whatsoever have been received in full clear funds. If the Client fails to discharge any lien within a reasonable time from the date of notice of exercise then the Client System may be sold in or towards satisfaction of that lien and iUVO will account to the Client for any excess.

6.10 IUVO may make a search in relation to the Client with a credit reference agency (and make other credit enquiries from time to time), keep a record of that search and enquiries, and share that information with third parties. iUVO may also make enquiries about the principle directors/proprietors of the Client with a credit reference agency.

6.11 Where the Client authorises payment of any of the Fees by credit and or debit card (including those associated to a PayPal account) then IUVO may deduct other amounts becoming payable to it under the Agreement from that credit or debit card without obtaining additional authorisation from the Client.

6.12 Without prejudice to any other of its rights and remedies, iUVO will be entitled to remove the Client’s data from its systems and any Equipment and/or put the Equipment to any use other than the Client’s if any amount due under the Agreement is not paid within 21 days of its due date for payment. IUVO is not required to back up such data or return the same to the Client prior to any such removal or following termination of the Agreement.

6.13 Credit and Vouchers

▪ 6.13.1 Credit and/or vouchers may be provided to Customers as an alternative resolution to a matter or for any other reason, at the discretion of IUVO.

▪ 6.13.2 Credit and vouchers are non-refundable and may not be exchanged for cash or redeemed against the purchase of another voucher.

▪ 6.13.3 iUVO will not accept liability if the credit or voucher has been lost, stolen, destroyed or used without the Customer’s consent. iUVO will not replace the credit or voucher or any remaining balance outstanding on the credit or voucher.

▪ 6.13.4 Resale, trade, sale or reproduction of a iUVO credit or voucher is prohibited. Any attempt to carry out this act may potentially void the credit or voucher at iUVO’s discretion.

▪ 6.13.5 If the full amount of the credit or voucher is not redeemed in one transaction, the remaining balance will be credited to the Customer in a further creditor voucher.

▪ 6.13.6 iUVO credit or vouchers may be used to purchase goods or services of a higher price than the face value of the credit or voucher upon payment of the difference in value.

▪ 6.13.7 iUVO credit or vouchers will remain valid for a period of 12 months only from the date of issue. Any unused credit or voucher will be void upon the expiry of the validity period.

7 Confidential Information

7.1 Each party will (unless contrary to law):

▪ 7.1.1 keep confidential all information obtained from the other under or in connection with the Agreement (“Information”);

▪ 7.1.2 not disclose any Information to any third party without the prior written consent of the other except to such persons and to such extent as may be strictly necessary for the performance of the Agreement;

▪ 7.1.3 not use any Information otherwise than for the purposes of the Agreement.

7.2 The provisions of clause 7.1 do not apply to Information which:

▪ 7.2.1 is or becomes public knowledge (otherwise than by breach of this clause); or

▪ 7.2.2 was in the possession of the party concerned without restriction as to its disclosure before receiving it from the disclosing party; or

▪ 7.2.3 is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

and nothing in this clause 7 prevents either party from disclosing any Information for a proper purpose to a public authority or any regulatory body, or to a court of law in the United Kingdom or elsewhere in legal proceedings, or to its senior management, its auditors, bankers, lawyers or other professional advisers.

7.3 The provisions of this clause 7 will continue to apply notwithstanding termination of the Agreement.

7.4 The Client, by entering into the Agreement, consents to iUVO sending to the Client by whatever means the Company deems appropriate (whether by email or otherwise) information concerning new products and other services that iUVO and its Associated Companies may from time to time offer.

8 Intellectual Property

8.1 The Client acknowledges and agrees that it will not own or acquire any rights under this Agreement in any Intellectual Property in or relating to the Services or created in performing the Services and that it will have no other rights in or to the Services other than the rights expressly granted by the Agreement.

▪ 8.1.1 the provision by IUVO of Services making use of information or specifications supplied by the Client;

▪ 8.1.2 the Client’s failure to procure all necessary rights from third parties which are from time to time required in order for IUVO to be able legally to provide the Services; or

▪ 8.1.3 the use by iUVO in connection with the Agreement of the Client System and the Client Materials.

▪ 8.1.4 No Intellectual Property Rights created or acquired by IUVO will transfer or be assigned to the Client unless IUVO and the Client have signed a written assignment document to that effect.

▪ 8.1.5 The Client shall keep the Ancillary Systems in good condition during the continuance of the Agreement and free of all charges, liens and encumbrances and protect it from any and all judicial process.

9 Liability

9.1 The provisions of this clause 9 and the provisions of clauses 4 and 24 set out the entire liability of IUVO (including any liability for the acts or omissions of its consultants, employees, agents and authorised representatives) to the Client in respect of:

▪ 9.1.1 any breach of the Agreement; and

▪ 9.1.2 any representation, statement or tortious act or omission including negligence arising under or in connection with the Agreement.

9.2 Nothing in the Agreement excludes or limits the liability of IUVO for death or personal injury caused by the negligence of IUVO, fraud or a breach of section 12 of the Sale of Goods Act 1979.

9.3 Subject to clauses 9.2 the total liability of IUVO in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the Agreement is limited to:

9.4 £500 per breach for loss of or damage to tangible property; and

9.5 for any other kind of loss, one and a quarter times the amount of sums paid by the Client to IUVO pursuant to the Agreement (excluding VAT and expenses) during the preceding 12 month period.

9.6 IUVO will not be liable to the Client in contract, tort, misrepresentation or otherwise (including negligence), for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever, or for any loss of profit, loss of business, loss of revenue, loss of contract, loss of goodwill or otherwise (whether direct or indirect), and whether or not caused by the negligence of IUVO or its employees, agents or authorised representatives, which arises out of or in connection with the Agreement.

9.7 The Client acknowledges that the allocation of risk in the Agreement reflects the price paid for the Services and that it is not within the control of IUVO how or for what purposes they are used.

9.8 Where the Client accesses IUVO’s services from locations outside the UK, the Client does so, on the Client’s own initiative and is responsible for compliance with local laws.

10 Client Indemnity
The Client will fully indemnify and keep IUVO its parent company, sister companies, subsidiaries and affiliates, officers, partners, directors employees and agents fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including legal fees) whatsoever incurred by it and arising from any of the following:

10.1 the Client’s breach of the Agreement, negligence or other default;

10.2 the operation or break down of any IT systems owned or used by the Client including the Client System but not the Equipment; or

10.3 the Client’s use or misuse of the Services.

11 Force Majeure
Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of IUVO or the Client, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party’s workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.

12 Term and Termination
Without prejudice to the remaining provisions of this clause 12 and any other rights and remedies available to IUVO:

12.1 IUVO will provide the Services for the period of 12 months from the date of the relevant Order Confirmation or, where different, any other period of supply stated on the Order Confirmation (such period being termed the “Initial Period”) and will continue beyond that period, subject to termination by:

▪ 12.1.1 the Client upon serving 30 days’ written notice on IUVO following completion of IUVO’s prescribed template procedures for terminating the whole or any part of the Agreement (details of which can be obtained from IUVO’s Customer Services Team); or

▪ 12.1.2 IUVO serving 30 days’ written notice on the Client to expire at any time after the Initial Period

12.2 IUVO may immediately terminate the Agreement (or at its option, any part of it) by notice in writing to the Client if the Client fails to pay to IUVO any sum due under the Agreement after the due date for payment.

12.3 Either party may terminate the Agreement (or, at its option, any part of it) forthwith by notice in writing to the other if the other party:

▪ 12.3.1 is in material breach of the Agreement and fails (where the breach is capable of remedy) to remedy the breach within 30 days of the receipt of a request in writing to remedy the breach, such request setting out the breach and indicating that failure to remedy the breach may result in termination of the Agreement;

▪ 12.3.2 becomes the subject of a voluntary arrangement under section 1 of the Insolvency Act 1986;

▪ 12.3.3 is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;

▪ 12.3.4 has a receiver, manager, administrator or administrative receiver appointed over all or any parts of its undertaking, assets or income, has passed a resolution for its winding-up, or has a petition presented to any court for its winding-up or for an administration order; or

▪ 12.3.5 has ceased or threatened to cease to trade.

12.4 Clients that have purchased the Services as Consumers have the right to cancel the Agreement within 7 working days at no additional cost from either (a) the date the contract is formed; or (b) the date that the Client receives confirmation that the contract is formed from IUVO or whichever is the later. For the purposes of this clause, the date the contract is formed shall be the date that the Client presses the “Order” button thereby granting consent that the Service commences.

▪ 12.4.1 The Client can exercise its right to cancel by contacting IUVO at contact@iuvodesign.com or by contacting the team on 0845 299 8 211, Monday to Friday.

▪ 12.4.2 The Client will no longer have the right detailed in clause 12.4 when, IUVO has commenced the Service with the Client’s consent. For the purposes of this clause the Client’s consent will be deemed to be given upon the Client pressing the “Order” button.

▪ 12.4.3 If you do not wish to waive these rights, then IUVO will be unable to commence the Service until the end of the relevant cooling off period which is 7 working days.

13 Consequences of Termination

13.1 Termination of the Agreement is without prejudice to the rights and duties of either party accrued prior to termination.

13.2 The clauses of the Agreement which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination.

13.3 IUVO will without notice remove the Client’s data from its systems and any Equipment following termination. For the purposes of this clause, the date of termination will be either the date that IUVO receives signed authorisation from the Client instructing cancellation of account or the date of expiry of notice of termination served in accordance with these Conditions.

13.4 Upon termination of the Agreement, the Client will forthwith:

▪ 13.4.1 cease to use the Software, Equipment and Services;

▪ 13.4.2 erase the Software from the Client System and certify to IUVO that this has been done;

▪ 13.4.3 return to IUVO any hardware or other equipment loaned to the Client in connection with the Services or any other materials and equipment owned by IUVO; and

▪ 13.4.4 pay all outstanding invoices raised by IUVO pursuant to the Agreement.

13.5 In the event of termination of the Agreement by the Client part way through the Initial Period, the Client remains obliged to pay for Services comprising the provision of dedicated server hosting for the remainder of that period.

13.6 Where following termination, IUVO is unable to cancel any registration of a domain name registered on behalf of the Client, it may levy a minimum charge to cover the cost of the domain registration fee.

13.7 Where the Client services include the purchase of licensing for software by IUVO on behalf of the client, in the event of termination of the agreement by the client, IUVO are unable to refund any proportion of the software and/or licensing fees incurred.

14 Severability
The illegality, invalidity or unenforceability of any provision of the Agreement will not affect the legality, validity or enforceability of the remainder. If any such provision is found by any court or competent authority to be illegal, invalid or unenforceable, the parties agree that they will substitute provisions in a form as similar to the offending provisions as is possible without thereby rendering them illegal, invalid or unenforceable.

15 Waiver

15.1 The failure or delay by either party in exercising any right, power or remedy of that party under the Agreement will not in any circumstances impair such right, power or remedy nor operate as a waiver of it. The single or partial exercise by either party of any right, power or remedy under the Agreement will not in any circumstances preclude any other or further exercise of it or the exercise of any other right, power or remedy.

15.2 Any waiver by either party of a breach of or default under any of the terms of the Agreement by the other party is not deemed a waiver of any subsequent breach or default and in no way affects the other terms of the Agreement.

16 Assignment and Subcontracting
The Client may not assign the benefit or delegate the burden of the Agreement nor sub-license any of its rights under the Agreement (including to its Associated Company) without the prior written consent of iUVO. Any consent provided by IUVO under this clause is given on condition that the assignee or licensee, as the case may be, agrees to comply with the terms of the Agreement as if they were the Client. IUVO may sub-contract or assign any or all of its rights and obligations under the Agreement.

17 Amendments
No variation or amendment to the Agreement (including any Order Confirmation) is effective unless agreed in writing and signed by an authorised representative of IUVO.

18 Notices
Any notice to be given or made by either party under or in connection with the Agreement must be in writing and given or made to the other party at its address stated in the Order Form or to such other address as either party may from time to time notify to the other. Every notice, if so addressed, is deemed to have been duly given or made, if delivered by hand, upon delivery at the address of the relevant party, if sent by prepaid first class post, two Business Days after the date of posting and if transmitted by facsimile, at the time of transmission (provided a confirmatory letter is sent by prepaid first class post) provided that, where, in accordance with the above provisions, any notice would otherwise be deemed to be given or made on a day which is not a Business Day or after 4.00 p.m. on a Business Day, such notice shall be deemed to be given or made at 9.00 a.m. on the next Business Day. IUVO may additionally serve notice on the Client under or in connection with the Agreement by email to the Client by sending an email to the contact email address stated on the Order Confirmation(s) or, in the case of a Client for whom IUVO has registered a domain name, to webmaster@[registered domain name], and in such a case the email will be deemed sent once transmitted from IUVO’s email server.

19 Applicable Law and Jurisdiction
The construction, performance and validity of the Agreement will be governed by English law and the English courts have jurisdiction to settle any disputes which may arise out of or in connection with it.

PART 2 – ANCILLARY SYSTEMS SUPPLY

20 Provision of Software

20.1 In consideration of payment by the Client of the Fees, IUVO will supply to the Client one copy of the Software and Third Party Software in object code form.

20.2 IUVO grants to the Client the non-exclusive, non-transferable right to Use the Software for so long as the relevant Services continue to be provided subject to the remaining terms of these Conditions.

21 Client’s Undertakings
The Client undertakes:

21.1 to maintain accurate and up-to-date records of the number and locations of all copies of the Software;

21.2 to take good care of the Ancillary Systems; and

21.3 not to provide or otherwise make available the Software in whole or in part (including program listings, object and source program listings, object code and source code) in any form to any person other than the Client’s employees without the prior written consent of IUVO.

22 Copying

The Client may make only so many copies of the Software as are reasonably necessary for operational security and to Use the Software. Such copies and the media on which they are stored will remain the property of IUVO, and the Client will ensure that all such copies bear IUVO’s proprietary notices. The provisions of Part 2 of these Conditions will apply to such copies as it applies to the Software.

23 Alterations

23.1 Except to the extent and in the circumstances expressly required to be permitted by IUVO by law, the Client may not:

▪ 23.1.1 alter, modify, adapt or translate the whole or any part of the program listings, object and source program listings, object code or source code in the Software in any way whatsoever;

▪ 23.1.2 permit the whole or any part of the Software to be combined with or become incorporated in any other computer programs; or

▪ 23.1.3 decompile, disassemble or reverse engineer the Software;

nor attempt to do any of these things.

23.2 To the extent that the law applicable to the Agreement grants the Client the right to decompile the Software in order to obtain information necessary to render the Software interoperable with other computer programs used by the Client, IUVO undertakes to make that information readily available to the Client. IUVO may impose reasonable conditions (including a reasonable fee) for doing so. In order to ensure that the Client receives the appropriate information, the Client must first give to IUVO sufficient details of the Client’s objectives and the other computer programs concerned

24 Software Performance

24.1 The Client acknowledges that:

▪ 24.1.1 software in general is not error-free, and agrees that the existence of such errors will not constitute a breach of the Agreement; and

▪ 24.1.2 the Ancillary Systems will operate only in conjunction with the Client System and other operating systems that may be notified by IUVO in writing from time to time.

24.2 IUVO will use its reasonable endeavours to check the Software for the most commonly known viruses prior to delivery to the Client. However, the Client is solely responsible for virus scanning the Software and IUVO gives no warranty that the Software will be free from viruses.

24.3 IUVO warrants that (subject to the other provisions of the Agreement) the Ancillary Systems will as at delivery be free from material errors which prevent the Client’s use of the Services and conform in all material respects with any applicable specification agreed in writing between the Client and IUVO. IUVO will not be liable for a breach of this warranty:

▪ 24.3.1 if the error in question has been caused by any modification variation or addition to any part of the Ancillary Systems not performed by IUVO , their incorrect use by the Client, or use with or in connection with systems with which they are incompatible; or

▪ 24.3.2 where the Client does not notify IUVO in writing of a failure within 14 days of becoming aware of the same.

24.4 If the Client makes a valid claim against IUVO based on the failure by IUVO to comply with the warranty set out in clause 24.3 IUVO will at its option take such steps as it deems necessary to remedy such failure or refund such part of the Fees as relates to the defective Ancillary Systems.

24.5 If IUVO complies with clause 24.4 it will have no further liability for a breach of the warranty set out in clause 24.3.

25 Third Party Software and Services
Any Third Party Software and or Service is supplied to the Client on the basis of the relevant third party’s standard licence terms provided to the Client with the relevant Third Party Software and or Service and with which the Client agrees to comply with.

PART 3 – SUPPORT SERVICES

26 Provision of Support Services

26.1 IUVO will provide the Support Services to the Client upon the terms and conditions set out in this Part 3 and Part 1 of these Conditions.

26.2 IUVO will only be obliged to provide the Support Services during Support Hours as detailed on the IUVO website

26.3 The obligation of IUVO to provide Support Services will not extend to:

▪ 26.3.1 rectification of lost or corrupted data except where such loss is as of a direct result of a IUVO server crash;

▪ 26.3.2 Ancillary Systems altered modified or varied by other than IUVO ;

▪ 26.3.3 attendance to faults arising from the Client’s failure to comply with IUVO ‘s instructions with regard to the use of the Services or any documentation or manuals provided by IUVO , or operator error or omission; or

▪ 26.3.4 attendance to faults attributable to the use or interaction of an Ancillary System with other software or systems with which it is not compatible.

▪ 26.3.5 IUVO will charge its standard employee charge out rates (as detailed in any relevant SLA) in addition to the Fees for the carrying out any remedial work described in clauses 26.3.1 to 26.

26.4 IUVO will use its reasonable endeavours to provide the Support Services in accordance with any applicable SLA.

26.5 Scope of Support Services
IUVO will at no additional charge to the Client initially install the standard operating system Software on to the Client System or, where appropriate, the Equipment. Any re-install will occur a charge, this charge will be detailed in any applicable SLA.

26.6 IUVO will operate a helpline service to assist the Client in relation to the Client’s use of the Services and the identification and correction of Defects. Assistance via this helpline service may be requested by the Client and provided by IUVO, by telephone, e-mail or helpdesk ticket system provided by IUVO. The service will be obtained by telephoning, e-mailing such numbers or addresses or logging into such ticketing systems, as are notified by IUVO from time to time.

26.7 If a Defect occurs, the following procedure will be followed:

▪ 26.7.1 the Client will notify IUVO of the Defect and provide such information and assistance as IUVO reasonably requires in connection with such Defect; and

▪ 26.7.2 IUVO will analyse the Defect and use its reasonable endeavours to rectify the Defect in question or propose a solution in connection with the same, within ten Business Days of being notified of the same under clause 26.6.

PART 4 – DOMAIN SERVICES

27 Service Provision

27.1 IUVO will provide the Domain Services to the Client upon the terms and conditions set out in this Parts 1, 3 and 4 of these Conditions.

27.2 The Client undertakes and warrants to IUVO that the registration of any domain name requested by it (a “Requested Domain”):

▪ 27.2.1 and the manner in which it is to be directly or indirectly used will not infringe any third party rights; and

▪ 27.2.2 is not being made in bad faith or could be considered to be an abusive registration under the ICANN or Nominet dispute resolution policies, whichever is appropriate.

The Client also confirms and warrants that any Requested Domain is not being registered and will at no time whatsoever be used for any unlawful purpose.

27.3 The Client acknowledges that, whilst IUVO will use its reasonable endeavours to register a Requested Domain, IUVO will not be obliged to accept any request to register or continue to process any registration of a Requested Domain.

27.4 The Domain Services are limited to forwarding the application for registration to the relevant naming authority, providing reasonable administration services in relation to the application and notifying the result of the application to the Client within a reasonable period after communication from the authority. IUVO will use reasonable endeavours to notify the Client of any renewal dates however IUVO accepts no liability for the loss of registration of any Requested Domain.

27.5 IUVO makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of registration of any Requested Domain. The Client acknowledges that IUVO cannot guarantee the reservation or registration of any Requested Domain and that the registration of such domain name will be subject to any registration requirements of the appropriate registry.

27.6 The Client will check that the domain name as reported on all documents sent to the Client (such as invoices and e-mail notifications) is spelt correctly. The Client will notify IUVO of any incorrect spellings of a Requested Domain promptly and in any event within 24 hours of receiving such document.

27.7 The Client will at all times comply with the terms and conditions (from time to time subsisting) applying to the registration of domain names published by the relevant naming authority (including the domain dispute resolution policy of that authority) and any other authority having similar force.

27.8 If the Client wishes to transfer ownership of a Requested Domain then it will procure that all necessary consents to that transfer are obtained and will deliver up to IUVO, on demand, documentary evidence of that all such consents have been obtained. The Client agrees that prior to transferring ownership of a Requested Domain to another person (the “Transferee”) the Client will procure that the Transferee agrees in writing to be bound by the terms of the Agreement. A Requested Domain will not be transferred until IUVO receives such written assurances as it requires that the Transferee is bound by the terms of the Agreement.

27.9 IUVO will not transfer ownership of a Requested Domain until all Fees attributable to the Domain Services which are due have been paid by the Client to IUVO.

27.10 IUVO may from time to time change the registrar that a Requested Domain is held with, at its discretion and without notice to the Client.

27.11 The Client agrees and acknowledges that IUVO will make registration information provided by the Client in relation to the Requested Domain available to ICANN, Nominet or any other appropriate registration authority, the registry administrators, and other third parties as applicable laws may require or permit including the police or other enforcement authority. The Client further acknowledges that IUVO may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information provided, for purposes of inspection (such as through the WHOIS service) or other purposes as required or permitted by ICANN, Nominet and applicable law. The Client consents to any and all such disclosures, whether during or after the term of registration of the Requested Domain. The Client irrevocably waives any and all claims and causes of action arising from such disclosure or use of the domain name registration information by IUVO.

27.12 IUVO will only allow a domain name owned or managed by the Client to be attached to the ISP tag of IUVO or any of its Associated Companies if the Client has an active hosting account with IUVO or one of its Associated Companies or is holding the domain name within a 123-reg holding account.

27.13 The Client agrees that following any upgrades, downgrades or any other changes made by the Client to their Domain or Hosting package the Client will at all times independently manage their Domain(s)

ACCEPTABLE USE POLICY

IUVO has created this Acceptable Use Policy (AUP) for hosting customers

Compliance with UK Law

IUVO has created this Acceptable Use Policy (AUP) for hosting customers to protect our resources, and the resources of our customers and peering networks in order to provide a high speed network, high availability services and to ensure that IUVO comply with all relevant UK laws. This AUP must be read in conjunction with our Terms and Conditions.

It is the responsibility of all customers of the IUVO network and services to ensure that they comply with the latest edition of the AUP at any given time.

This AUP may be revised, without notice, at any time, at the sole discretion of IUVO. Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms and Conditions and this AUP.

In the event of a breach of this policy, IUVO reserve the right to terminate all or part of any service with immediate effect, without recompense, and delete any files held on our servers.

If you have any questions about any of our policies, please contact the Customer Service Team at: contact@iuvodesign.com.

Compliance with UK Law

It is an offence under UK law to transmit, receive or store certain types of files.

Customers may not use our services to engage in activities, or store, transfer or receive material of an indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the UK authorities under the relevant Criminal Acts including but not limited to the Computer Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997.

It is also a criminal offence under UK law to knowingly infringe intellectual property rights, such as copyright, patents, database rights and registered trade marks. Customers are reminded that sharing copyright material through the use of peer to peer software may consequently constitute a criminal offence if done without permission of the right owner in question. IUVO will co-operate with any agency or rights holder wishing to assert their rights in these matters and IUVO reserve the right to withdraw service under such circumstances.

The Data Protection Act 1998 imposes numerous duties on any organisation that processes personal data relating to third parties. Failure to comply with many of these duties constitutes a criminal offence. Customers who are not merely processing personal data for domestic (including recreational) reasons are reminded of their likely duty to register with the Information Commissioner.

Under the Electronic Commerce (EC Directive) Regulations 2002, IUVO is in general not liable to any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts. Accordingly, if we become aware of credible evidence that a customer has carried out any unlawful acts we will take preventative measures to bring those acts to an end.

Compliance with foreign law

The Internet is global in reach. Consequently it is possible for anyone using the internet to break the laws of foreign countries. Customers are therefore advised to take all reasonable steps to avoid breaching relevant foreign laws.

Warranties and Disclaimers

Our service warranties and the extent of our liability are explained fully in our Terms and Conditions.

By connecting to the IUVO network, Customers agree to hold IUVO harmless in the event of any legal claim regarding our services.

Irresponsible usage

Customer acknowledges that they have a responsibility to ensure that their connection is not used in an irresponsible manner. IUVO deem irresponsible use of the services to include, but not be limited to, sending unsolicited e-mail (“spamming”), attempting to breach the security of a 3rd party machine, and flooding Usenet by placing a single post in a large number of newsgroups.

In the event that a customer’s services are used for any purpose that IUVO deem irresponsible then IUVO reserve the right to suspend service while the usage is investigated in consultation with the customer. Should investigation determine that the service has been used irresponsibly, IUVO reserve the right to terminate the customer’s account with immediate effect. Wherever possible the customer will be notified in advance of any termination.

Security and privacy

Login names and passwords must be kept secret and not be communicated to any third party. IUVO must be notified immediately if they are compromised. If a customer forgets or loses their password, they will need to contact support to have it changed.

Customers are responsible for all traffic that is sent from their server. It is therefore the customer’s responsibility to ensure that all software is virus-free and up-to-date with all relevant security patches. In particular, server software running on public-facing ports, such as mail servers and proxy servers, must not be remotely exploitable.

If IUVO find malicious traffic emanating from a customer’s server, IUVO have an obligation to our other customers and peering networks to take urgent measures to block that traffic. In many cases, this can be achieved by selective port blocking, but in other cases, this will involve disconnecting and suspending the account until the issue has been resolved. IUVO understand that in many cases a customer may not be responsible for or aware of the problem, and therefore IUVO will work with the customer to resolve the issue as efficiently as possible to restore normal service.

E-mail

Customers may not use IUVO services to send unsolicited commercial e-mail (UCE, also known as ‘Spam’). IUVO will block the mail services of any customer found to be sending such mail.

Customers may not have “open mail relays”. IUVO will close the relay or connection of any customer found with an open mail relay.

Opt-in mailing lists are allowed, where it can be proved that subscribers did opt-in and that a suitable opt-out mechanism is available.

IUVO reserve the right to remove any mail older than 60 days from shared mail servers. It is the customer’s responsibility to ensure that mail is regularly collected and removed from IUVO’s POP3 server. IUVO strongly advise against the use of the POP3 option to keep mail on the server. If a POP3 mailbox contains an excessive amount of mail, IUVO reserve the right to remove older mails from the mailbox to reduce its size.

If Clients have not logged into any mailbox provided by IUVO within a 6 month period this may result in the deletion of the mailbox.

Hosting (Shared)

By uploading to the services, the customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the Web space service.

The Customer will be responsible for the content of their website, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law. iUVO reserve the right, without notice or explanation, to remove material which does not comply with this AUP or our Terms and Conditions, such as material of an adult nature or pirated software.

iUVO reserve the right to suspend any or all of the service at any time, without prior notice, explanation, or recompense.

Customers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via their website. IUVO reserves the right to suspend any sites containing such material. Customers must be careful when using peer to peer networking software to ensure that they do not download or transfer material which they do not have the right to download or transfer.

You may not use our services in any way that would disrupt, impair, or interfere with our servers or with other customers’ use and enjoyment of our services. This includes, but is not limited to, employing applications such as Shoutcast and Minecraft utilities that consume excessive CPU time, memory or storage space. Any file you store on the Server will be reachable via a hyperlink from a page. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications that maintain a constant FTP connection uploading an image at regular intervals is forbidden.

Should your use of our services result in an overly high load on our servers in our sole discretion, we may suspend your account until the cause of any such overload is determined and resolved, or we may terminate your account if we believe that the situation cannot be satisfactorily resolved. Abuse of an “unlimited” service (e.g. bandwidth or hosting) to the extent that it detrimentally affects other customers’ services will be treated in the same manner, such abuse to be assessed and decided upon at IUVO’s sole discretion. We ask customers who intend to use high volumes of data to first discuss their requirements with our Sales Team.

Login names and passwords must be kept secret and not communicated to any third party. iUVO must be notified immediately if they are compromised. If someone were to gain access to a customer’s account password, they could tamper with files held on the customer’s website.

The customer has sole responsibility for ensuring that any data is suitably backed-up. IUVO will not keep backups of customers’ websites. IUVO will accept no responsibility whatsoever for loss of data or information resulting from the use of this service.

If the account is suspended for any reason, such as non-payment, access to the customer’s website, both for viewing and uploading, may also be suspended.

On closing an account, the relevant data on this Web space will be deleted.

Reseller Hosting

The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.

Our acceptable use policy (“AUP”) is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.

Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses.

Illegality

In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, or trafficking in obscene material.

Undesirable Content

Certain types of content are not permitted on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.

Bulk Email

The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden.

Misuse Of Resources

Including but not limited to employing applications which consume excessive CPU time, memory or storage space; any file you store on the Server will be reachable via a hyperlink from a page. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.

If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.

Hosting (Dedicated)

By uploading to a IUVO dedicated server, the customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the Web space service.

The customer will be responsible for the content on their server, including obtaining the legal permission for any works they include and ensuring that the content on the server does not violate UK law. IUVO reserve the right, without notice or explanation, to remove from the network a server which does not comply with this AUP or our Terms and Conditions, such as one storing material of an adult nature or pirated software.

IUVO reserve the right to remove a server from the network, if it is deemed to be causing excessive load or traffic, is adversely affecting the performance of other servers on the network, or is being abused by an external entity. It is the customer’s responsibility to ensure that their scripts are not vulnerable to these problems.

The customer agrees not to advertise their Website via unsolicited commercial e-mail. IUVO reserve the right to suspend a site which has been ‘spamvertised’ at any time.

IUVO do not impose quotas for data transfer on dedicated servers. However if a customer is using an excessively high volume of bandwidth for data transfer IUVO reserve the right to revert to its terms and conditions and impose a charge for high usage. We ask customers who intend to use high volumes of bandwidth for data transfer to first discuss their requirements with our Sales Team.

Customers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via their dedicated server. IUVO reserve the right to remove from the network any server containing such material. Customers must be careful when using peer to peer networking software to ensure that they do not download or transfer material which they do not have the right to download or transfer.

Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as Webpage designers, working on the customer’s behalf. IUVO must be notified immediately if they are compromised. If someone were to gain access to a customer’s account password, they could tamper with files held on the customer’s server.

The customer is ultimately responsible for ensuring that their site is suitably backed-up.

If the account is suspended for any reason, such as non-payment, access to the server may be suspended.

On closing an account, the data on the dedicated server will be deleted.

Firewalls

IUVO’s Firewall service is capable of being attached to an individual server however, Clients are able to create rules for as many Internet Protocol addresses (IP’s) that they have within that individual server.

Clients are responsible for the rules attached for their Firewalls. The editing of the templates provided by IUVO is the responsibility of the Client.

Clients are advised that hardware Firewalls will block access to ports on an individual server however, it will not protect against viruses running on services active on the individual server. For the avoidance of all doubt the relevant Firewall provided by IUVO is a security barrier it does not protect against viruses and or spyware.

Virtual Private Networks (VPNs) are not supported on this IUVO Firewall platform.

The disabling of the Firewall or rectification of any non working rules that Clients attach to the Firewall is the responsibility of the Client. The repair of any other services and or application of a Client following a Client made change to the Firewall are the responsibility of the Client.

Attempted security breaches

Any attempt to breach the security of any machine is forbidden. Attempting to do so will result in immediate account termination and possible further legal action. Users may not run any program that monitors network packet data or any program that compromises the privacy of network traffic.

It should be noted that attempting to breach security may lead to prosecution under the Computer Misuse Act 1990 or any other relevant criminal legislation.

Attempts to circumvent copy protection technology and encryption are also likely to be illegal under the Copyright Designs and Patents Act 1988 (as amended).

Non-Specific

Customers may not mount an attack, by whatever means, against our system, or any other systems. Customers may not run unauthorised mailing lists from or through any of our machines or mail servers.

Any IP addresses assigned to customers are owned by IUVO.

When using a quota-based service, it is the customer’s responsibility to remain within their usage quota. In regards to bandwidth any use over or above your stipulated level will result in a charge of £0.010 per every Mega Byte (MB) you exceed. IUVO reserve the right to delete files for over-quota users if disk space is affecting the normal running of the server.

Using the Services for any activity which adversely affects the ability of other people or systems to use IUVOs Services or the Internet. This includes “denial of service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Customers responsibility to ensure that their network is configured in a secure manner. A Customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

WEB HOSTING TERMS

Conditions of Supply of Internet Services

iUVO is a brand of iUVO Design Ltd (hereinafter referred to as “iUVO”), a provider of internet related services including connectivity, co-location, dedicated and shared server, website hosting and domain name services. These Conditions set out the terms under which iUVO will provide Services to the Client (as such terms are defined below). These Conditions should be read in conjunction with the acceptable user policy which can be viewed herein. These Conditions will be supplemented from time to time by order confirmation forms setting out specific details relating to services requested by the Client and, as so supplemented, will apply to the exclusion of any other terms and conditions including any which the Client may attempt to introduce. IUVO reserves the right to change, add, subtract or in way alter these Conditions without the prior consent of the Client.

To the extent that the Client is deemed to be a consumer (as defined by the Unfair Contract Terms Act 1977) then these Conditions will not affect the rights of the Client as a consumer and will apply to the extent that applicable law allows.

By logging into your account or updating files you are deemed to have accepted these terms and conditions and the acceptable user policy.

These Conditions are divided into four parts, however all parts may not apply in every case:

Part 1 applies in all cases.

Part 2 applies where IUVO is to provide software and/or equipment in connection with the Services.

Part 3 applies where the Services include ongoing support and maintenance services.

Part 4 applies where the Services include domain name registration services.

PART 1 – GENERAL PROVISIONS

1 Definitions
In these Conditions, the following expressions will have the following meanings, unless inconsistent with the context:
”Agreement”
the agreement between IUVO and the Client for the provision of Services formed by these Conditions and the Order Confirmation(s)
”Ancillary Systems”
any Software and/or Equipment
”Associated Company”
in respect of either party, a subsidiary or holding company of that party or any subsidiary of such holding company and the terms “subsidiary” and “holding company” will have the meanings given to them by sections 736 and 736A Companies Act 1985
”Business Customer”
You are a business customer if you are an a commercial entity or an individual (a) registering, using or planning to use the Requested Domain as part of a business trade or profession; (b) purchasing a Domain name during the a “Sunrise” or “Landrush” period as defined in the Domain Name Conditions for the Domain Name Registry (c) at your sole discretion, purchasing a Domain Name for financial or Commercial gain, including, without limitation, for the sole purpose of placing advertisements on the Domain Name; (d) purchased 10 or more Domains and purport to act as a business customer as defined. 
”Business Day”
a day which is not a Saturday or Sunday or public or bank holiday in England and Wales
”Business Hours”
9am to 5pm on each Business Day
”Client Materials”
data, text, images, graphics, videos, logos and other content and material, hardware or equipment provided by the Client in connection with the Agreement for use by IUVO in providing the Services 
”Client”
as identified on the Order Confirmation(s)
”Client System”
the Client’s computer system upon which the Software is loaded or otherwise in connection with which the Services are provided
”Conditions”
these conditions (in four parts) to be read in conjunction with the Order Confirmation(s)
”Consumer”
You are a consumer if You are an individual not: (a) registering, using or planning to use the Requested Domain as part of a business trade or profession; (b) purchasing a Domain Name during a “Sunrise” or “Landrush” period as defined in the Domain Name Conditions for the Domain Name Registry (c) at Your sole discretion, purchasing a Domain Name for financial or commercial gain, including, without limitation, for the sole purpose of placing advertisements on the Domain Name. You shall not be treated as a consumer under the contract if You have purchased or are the registered holder of 10 or more Domain Names.
”Defect”
any defect in systems having a material effect on the Client’s use or operation of the Services or any failure by any Ancillary System to comply with any term of Part 2 of these Conditions
”Domain Services”
those domain registration and other related services (if any) provided to the Client by IUVO pursuant to the Agreement, as described on a relevant Order Confirmation
”Equipment”
any hardware, cabling and/or other equipment provided to the Client by IUVO in connection with the Agreement
”Fees”
the charges due to IUVO under the Agreement in relation to the Services, as set out on the Order Confirmation(s)
”iUVO Desgin LTD”
Trading as IUVO, registered in England (Company No. 4927351), whose registered office is at 2 Victoria Sqaure, St Albans, AL1 3TF
”Intellectual Property Rights”
any and all patents, trade marks, service marks, copyright, moral rights, rights in design, know-how, confidential information and all or any other intellectual or industrial property rights whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world together with all or any goodwill relating to the same
”Netiquette”
generally accepted standards and codes of practice for use of the internet including but not limited to sending bulk unsolicited email, mail bombing or impersonating another person, organisation or website
”Order Confirmation”
the order confirmation form(s) submitted by IUVO to the Client by email or otherwise in writing for the provision of the Services, in response to the Client’s order or request
”Services”
those development, implementation, consultancy, hosting and other services (if any) provided to the Client pursuant to the Agreement, as described on a relevant Order Confirmation, together with any Support Services and Domain Services
”SLA”
the level of performance to be provided by IUVO to the Client in respect of the Services, as set out on the Order Confirmation(s)
”Software”
any communications or other software provided to or made available to the Client by IUVO in connection with the Agreement, but excluding Third Party Software
”Support Services”
those support and maintenance services provided to the Client pursuant to the Agreement, as described on a relevant Order Confirmation
”Support Hours”
the hours during which IUVO will provide the Support Services, as set out on a relevant Order Confirmation
”Third Party Software”
any software identified as third party software (if any) to be provided to the Client pursuant to the Agreement, as set out in a relevant Order Confirmation
”Use the Software”
to load the Software onto and store and run it on the Client System and/or Equipment in accordance with the terms of the Agreement

2 Interpretation

2.1 The headings used in the Agreement are inserted for convenience only and are not intended to be part of nor to affect the meaning or interpretation of any of the Agreement.

2.2 In the Agreement the masculine includes the feminine and the neuter, and the singular includes the plural and vice versa as the context shall admit or require.

2.3 The expression “person” means any individual, firm, body corporate, unincorporated association, partnership, government, state or agency of a state or joint venture.

2.4 In the event of a conflict between any of these Conditions and any Order Confirmation, the conflict will be resolved according to the following order of priority: these Conditions then the Order Confirmation.

2.5 The words “include”, “includes”, “including” and “included” will be construed without limitation unless inconsistent with the context.

2.6 The Agreement (as varied in accordance with its terms) forms the entire understanding of the parties in respect of the matters dealt within it and supersedes all previous agreements, understandings and negotiations between the parties.

2.7 The parties do not intend that any of the terms of the Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not party to it.

2.8 References in these Conditions to clauses means clauses of these Conditions. References in these Conditions to the provisions of statutes or statutory instruments are deemed to include those provisions as amended or substituted

3 Service Provision

3.1 The Services are described or referred to on the Order Confirmation(s). iUVO agrees to supply the Services to the Client on the following conditions, these conditions are not an offer to provide service but a statement of the terms on which we will provide them.

3.2 iUVO will use its reasonable endeavours to provide the Services in accordance with any timescale set out on the Order Confirmation(s), but will not be liable to the Client where, based on those reasonable endeavours, it fails to meet any timescale.

3.3 iUVO will not be liable for any failure to provide the Services resulting from any breach by the Client or its employees, agents or subcontractors of the Agreement.

3.4 iUVO will not be obliged to provide any services not referred to on the Order Confirmation(s). Furthermore, iUVO cannot provide the Services where the Client makes use of incompatible communication systems.

3.5 The terms of the Agreement form the entire agreement between IUVO and the Client in relation to the Services and all other understandings, agreements, warranties, conditions, terms or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law. The Client may not rely upon any representation made or given by any employee of IUVO prior to the Agreement being entered into unless confirmed in the Agreement.

3.6 iUVO reserves the right at any time and from time to time improve, correct or otherwise modify all or any of the Services (including substituting Software and/or Equipment. iUVO will endeavour to give the Client reasonable notice of any such modification, where this is reasonably practicable.

3.7 iUVO will, upon arrangement and provided that no Fees are due and payable, allow the Client reasonable access to any co-located server hosted by iUVO as part of the Services during Business Hours. Access will only be granted to the Client if iUVO is given at least 3 Business Days’ notice in writing that access is required and acceptance of that request has been confirmed in writing to the Client by iUVO.

Suspension

3.8 Without prejudice to its other rights and remedies, iUVO may at its sole discretion suspend the provision of the whole or any part of the Services (temporarily or permanently) and will have no liability to provide the Services on the occurrence of any of the following events:

▪ 3.8.1 notified or unscheduled upgrade or maintenance of iUVO’s IT systems;

▪ 3.8.2 issue by any competent authority of an order which is binding on iUVO which affects the Services;

▪ 3.8.3 if the Client fails to pay any Fees or any other sums owing to iUVO by the Client when they fall due;

▪ 3.8.4 if an event occurs and iUVO deem it to be appropriate to terminate the Agreement;

▪ 3.8.5 if the bandwidth or computer memory used by the Client in relation to the Services exceeds any agreed or stipulated level and iUVO determines in its sole discretion that suspension is necessary to protect all and any internet solutions provided by iUVO from time to time;

▪ 3.8.6 if the size of an email, mailing list or cron job used by the Client exceeds any agreed or stipulated size, level or frequency and iUVO determines in its sole discretion that suspension is necessary to protect all and any internet solutions provided by iUVO from time to time; or

▪ 3.8.7 failure or deficiencies in the Client System referring but not limited to hardware, server corruption and security breaches.

▪ 3.8.8 failure by the Client to adhere to any of the provisions outlined in iUVO’s acceptable usage policy.

Where IUVO suspends provision of the Services in accordance with clause 3.8.3, it will only be obliged to recommence provision during Business Hours and once the Client has paid all relevant outstanding sums in clear funds together with any relevant reinstatement fee (as published from time to time by iUVO) and has accepted any revised payment terms requested by IUVO (such as payment by direct debit).

3.9 The Client will provide to IUVO those Client Materials identified on the Order Confirmation(s) within a reasonable time period taking account of the obligations of IUVO under the Agreement.

3.10 The Client warrants that the Client Materials will be accurate in all material respects and will not knowingly include material which is illegal, the accessing holding transmitting or supplying of which would be a criminal offence or which is otherwise unlawful or in breach of any applicable law or code of practice applying to such materials. In particular, the Client warrants that all necessary licences, consents and waivers (including those from rights owners, performers and other contributors) are obtained and paid for by the Client. Without prejudice to the foregoing, IUVO may decline to use any Client Materials on any reasonable grounds.

3.11 The Client will supply in a timely manner all information, instructions, review and feedback reasonably required by IUVO in connection with the performance of its obligations under the Agreement and will appoint a representative who is fully empowered and authorised to provide the same.

4 Service Delivery

4.1 The Client acknowledges that, given the nature of such services, IUVO cannot guarantee that the Services, when delivered via the internet, will be uninterrupted or error free.

4.2 To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services and any Client Systems and Ancillary Systems are provided by IUVO to the Client on an “as is” and “as available” basis and no warranty or representation (express or implied) of any kind are given in connection with the Agreement including as to satisfactory quality and fitness for a particular purpose. In particular, IUVO gives no warranty or representation that:

▪ 4.2.1 the Services will meet the Client’s requirements;

▪ 4.2.2 the Services will be provided on an uninterrupted, timely, secure or error-free basis; or

▪ 4.2.3 any results obtained from use of the Services will be accurate, complete or current.

4.3 IUVO warrants that it will provide the Services with reasonable care and skill and in accordance with any SLA. IUVO will not be liable for a breach of such warranty unless the Client notifies IUVO in writing of such failure within 14 days of the Client becoming aware of the failure.

4.4 If the Client makes a valid claim against IUVO based on a failure by IUVO to comply with the warranty set out in clause 4.3 IUVO may, at its option, take such steps as it deems necessary to remedy such failure or refund such part of the Fees as relates to such Services, provided that the liability of IUVO under such warranty will in no event exceed one and a quarter times the amount of the Fees paid to IUVO by the Client (excluding VAT and expenses) in the 12 month period prior to the date on which the Client makes the claim. If IUVO complies with this clause, it will have no further liability for a breach of the said warranty.

5 Client’s Obligations

5.1 The Client agrees that it shall:

▪ 5.1.1 save as provided in any Order Confirmation, be responsible for keeping regular and full back ups of all material and data hosted by IUVO on any web site or other system operated by the Client on a daily basis (or more frequent basis if required by best computing practice) including the Client System and/or Ancillary Systems. For the avoidance of any doubt iUVO will not attempt to restore any lost material or data of the Client’s except where such loss occurred as a direct result of a iUVO server crash;

▪ 5.1.2. immediately notify iUVO on becoming aware of any unauthorised use of all or any of the Services and/or relevant part of the Client System;

▪ 5.1.3 remove or prevent access to any material hosted on any of the Equipment and/or Client System which causes or is likely to cause the Client to be in breach of the Agreement;

▪ 5.1.4 ensure that it has all necessary consents, permissions and licences to make use of the Services including registration and appropriate consents and approvals under the Data Protection Act 1998;

▪ 5.1.5 ensure that all material or data hosted by iUVO on any web site operated by the Client from time to time or communicated through such site or using the Client System is checked for viruses and other harmful code and has appropriate security patches applied;

▪ 5.1.6 independently monitor its bandwidth in relation to the use of Services and report to iUVO any use of bandwidth over and above those agreed or stipulated levels set out in the Order Confirmation,;

▪ 5.1.7 be entirely liable for all activities conducted and charges incurred under its passwords and user names whether authorised by it or not and the Client acknowledges that iUVO shall not be liable for any loss of confidentiality or for any damages arising from the Client’s inability to comply with these Conditions;

▪ 5.1.8 comply with any security policy notified to it from time to time by iUVO and, in particular, ensure that all passwords and user names provided to it by iUVO are at all times kept confidential, used properly and not disclosed to unauthorised people. If the Client has any reason to believe that any password or user name has become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way or of any other breach of security then the Client will inform IUVO immediately;

▪ 5.1.9 ensure that all communication details which it provides to iUVO are at all times true, current, accurate and complete. The Client will promptly notify iUVO of any change to such details and acknowledges that iUVO will not be liable for any loss suffered or incurred by the Client as a result of its failure to notify such changes to iUVO. Clients are advised that a failure to at all times have true, accurate and complete communication details may result in the temporary suspension of a Client’s account; and

▪ 5.1.10 ensure that its systems (including the Client System) meet any minimum system specifications notified to the Client from time to time.

▪ 5.1.11 promptly provide to iUVO and/or its consultants, employees and agents such information and assistance as they may reasonably require in order to be able to carry out the Services and, where relevant, deliver and install any Ancillary Systems.

▪ 5.1.12 will procure all necessary rights from third parties (including intellectual property licences of computer software and website content including ringtones and music) which are from time to time required in order for iUVO to be able legally to provide the Services to the Client.

▪ 5.1.13 obtain and maintain insurance over all parts of the Client System which are located on the premises of iUVO or any of its Associated Companies and to provide evidence that such insurance is in place, upon iUVO’s demand;

▪ 5.1.14 complete its own checks to ensure that any registration or renewal has been made successfully.

5.2 The Client agrees that it shall not:

▪ 5.2.1 use the Services, Ancillary Systems and/or Client System or allow them to be used for any unlawful purpose or for the publication, linking to, issue or display of any unlawful material (including any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights including Intellectual Property Rights of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code) whether under English law or regulation, the laws or regulations of the Client’s country or any other place where the results of such purpose or the material in question can be accessed;

▪ 5.2.2 use the Services, Ancillary Systems and/or Client System or allow them to be used for the publication, linking to, issue or display of any material which in the absolute discretion of iUVO may harm iUVO or any of its Associated Companies or clients or bring iUVO into disrepute or which calls into question any action taken by iUVO on the Client’s behalf;

▪ 5.2.3 use the Services, Ancillary Systems and/or Client System or allow them to be used in breach of good Netiquette practices;

▪ 5.2.4 provide any technical or other information obtained from iUVO and/or relating to the Services to any person which the Client is aware or ought reasonably be aware may directly or indirectly lead to a breach of any law or regulation;

▪ 5.2.5 in breach of good Netiquette practices, use any service provided by any third party (including an internet web site and/or email) for the publication, linking to, issue or display of any material which refers to an internet web site hosted by iUVO or any other products or services offered by iUVO from time to time without iUVO’s prior written consent;

▪ 5.2.6 use any part of the iUVO premises except as is reasonably necessary to inspect and maintain any co-located server hosted as part of the Services and the Client shall ensure that such server is kept in good condition and is in its original condition upon the termination of such hosting;

▪ 5.2.7 whilst present at any iUVO premises, do anything which may be dangerous or a nuisance or inconvenience or to disturb, threaten or abuse any iUVO personnel or other iUVO clients and the Client shall abide by all health and safety and other policies as iUVO may notify to the Client from time to time in relation to any such premises.

5.3 The Client acknowledges that it has appropriate knowledge of how the internet functions, the systems and products provided to it in connection with the Agreement and what types of use and content are and are not acceptable. The Client acknowledges that iUVO shall have no obligation to:

▪ 5.3.1 train the Client on its use of the Services or any Ancillary System;

▪ 5.3.2 manipulate any material which the Client wishes to and/or does post on any web site or other system it operates (including any Client System) or any communication which it issues or sends in connection with any Services; or

▪ 5.3.3 validate or vet such material for usability, legality, content or correctness.

5.4 The Client also acknowledges that the services and products provided by iUVO are standard packages which are not tailored to specific requirements of the Client, unless confirmed in writing by iUVO to the contrary.

5.5 If, in iUVO’s opinion, the Client is in breach of any of the provisions contained in clause 5.2 then IUVO may without prejudice to its other rights and remedies immediately by written notice to the Client:

▪ 5.5.1 suspend provision of the Services;

▪ 5.5.2 terminate the Agreement; or

▪ 5.5.3 amend or remove any Client Materials and/or content appearing on any website or other system hosted by iUVO on behalf of the Client (including any Client System or Ancillary System).

iUVO may also notify appropriate public authorities (governmental or otherwise including the police or other enforcement authority) of any such breach, where it deems necessary.

5.6 Where as part of the Services the Client is entitled (having obtained iUVO’s prior written consent) to resell the whole or any part of the Services to a third party then the Client will:

▪ 5.6.1 procure such third party’s compliance with and acceptance of these Conditions;

▪ 5.6.2 be fully responsible for the acts and omissions of any such third party; and

▪ 5.6.3 indemnify iUVO for any losses it suffers as a result of such acts or omissions.

5.7 The Client acknowledges and understands that it is required to comply with PCI DSS. The Client is responsible to encrypt sensitive data using appropriate methods. For further details on PCI DSS Compliance and the Client’s responsibilities in upholding the standard they need to contact the PCI Security Standards Council.

6 Payment Terms

6.1 The Fees are payable to iUVO subject to the following conditions:

▪ 6.1.1 Fees payable monthly, quarterly or yearly will be paid in advance and will not be refundable in whole or part if the Agreement or any relevant part is terminated during the period to which the payment relates. Clients will automatically be charged again at the end of their prepay period unless the Client has followed the procedure as per clause 12.1.1;

▪ 6.1.2 any set up fee will (unless stated to be included within later payments) be payable immediately;

▪ 6.1.3 additional Fees will become payable if the Client exceeds agreed or stipulated bandwidth use levels. In the event that the Client exceeds the agreed or stipulated bandwidth levels an additional invoice will be produced and sent to the client which must be paid within thirty (30) days. Additional Fees are charged at the rate of £0.005 per every Mega Byte the Client exceeds over their agreed or stipulated bandwidth level.

6.2 Any total sum for the fees set out in an Order Confirmation is (unless stated in the Order Confirmation to be a fixed and firm amount) an estimate of the fees only and not a fixed price quotation.

6.3 Any sums payable by the Client to iUVO under the Agreement are exclusive of value added tax or any similar taxes, levies or duties, which will be added to such sums and be payable by the Client at the appropriate rate.

6.4 The Client agrees to pay iUVO’s invoices within 7 days of invoice due date.

6.5 If invoices are not settled in full by then, the Client will without prejudice to its other rights and remedies (including the right to suspend the Services under clause 3.8.3) be liable to pay interest on any sum outstanding from the due date for payment at the annual rate of 6% above the base lending rate from time to time of Barclays Bank plc accruing on a daily basis until payment is made whether before or after any judgment.

6.6 All Accounts that have any unsettled invoices 20 days after their due date will be suspended. If a further invoice falls due during the suspension of the Client’s account then this will be added to outstanding balance owed by the Client.

6.7 All accounts that have any unsettled invoices 20 days after the due date will be passed onto a Debt Recovery Agency, where additional recovery charges and court cost may accrue.

6.8 All sums payable to iUVO under the Agreement must be paid in full with no set off or deduction.

6.9 iUVO has a general and particular lien over the Client System until all claims and money payable by the Client to iUVO on any account whatsoever have been received in full clear funds. If the Client fails to discharge any lien within a reasonable time from the date of notice of exercise then the Client System may be sold in or towards satisfaction of that lien and IUVO will account to the Client for any excess.

6.10 iUVO may make a search in relation to the Client with a credit reference agency (and make other credit enquiries from time to time), keep a record of that search and enquiries, and share that information with third parties. iUVO may also make enquiries about the principle directors/proprietors of the Client with a credit reference agency.

6.11 Where the Client authorises payment of any of the Fees by credit and or debit card (including those associated to a PayPal account) then iUVO may deduct other amounts becoming payable to it under the Agreement from that credit or debit card without obtaining additional authorisation from the Client.

6.12 Without prejudice to any other of its rights and remedies, iUVO will be entitled to remove the Client’s data from its systems and any Equipment and/or put the Equipment to any use other than the Client’s if any amount due under the Agreement is not paid within 21 days of its due date for payment. iUVO is not required to back up such data or return the same to the Client prior to any such removal or following termination of the Agreement.

6.13 Credit and Vouchers

▪ 6.13.1 Credit and/or vouchers may be provided to Customers as an alternative resolution to a matter or for any other reason, at the discretion of iUVO.

▪ 6.13.2 Credit and vouchers are non-refundable and may not be exchanged for cash or redeemed against the purchase of another voucher.

▪ 6.13.3 iUVO will not accept liability if the credit or voucher has been lost, stolen, destroyed or used without the Customer’s consent. iUVO will not replace the credit or voucher or any remaining balance outstanding on the credit or voucher.

▪ 6.13.4 Resale, trade, sale or reproduction of a iUVO credit or voucher is prohibited. Any attempt to carry out this act may potentially void the credit or voucher at iUVO’s discretion.

▪ 6.13.5 If the full amount of the credit or voucher is not redeemed in one transaction, the remaining balance will be credited to the Customer in a further creditor voucher.

▪ 6.13.6 iUVO credit or vouchers may be used to purchase goods or services of a higher price than the face value of the credit or voucher upon payment of the difference in value.

▪ 6.13.7 iUVO credit or vouchers will remain valid for a period of 12 months only from the date of issue. Any unused credit or voucher will be void upon the expiry of the validity period.

7 Confidential Information

7.1 Each party will (unless contrary to law):

▪ 7.1.1 keep confidential all information obtained from the other under or in connection with the Agreement (“Information”);

▪ 7.1.2 not disclose any Information to any third party without the prior written consent of the other except to such persons and to such extent as may be strictly necessary for the performance of the Agreement;

▪ 7.1.3 not use any Information otherwise than for the purposes of the Agreement.

7.2 The provisions of clause 7.1 do not apply to Information which:

▪ 7.2.1 is or becomes public knowledge (otherwise than by breach of this clause); or

▪ 7.2.2 was in the possession of the party concerned without restriction as to its disclosure before receiving it from the disclosing party; or

▪ 7.2.3 is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

and nothing in this clause 7 prevents either party from disclosing any Information for a proper purpose to a public authority or any regulatory body, or to a court of law in the United Kingdom or elsewhere in legal proceedings, or to its senior management, its auditors, bankers, lawyers or other professional advisers.

7.3 The provisions of this clause 7 will continue to apply notwithstanding termination of the Agreement.

7.4 The Client, by entering into the Agreement, consents to iUVO sending to the Client by whatever means the Company deems appropriate (whether by email or otherwise) information concerning new products and other services that iUVO and its Associated Companies may from time to time offer.

8 Intellectual Property

8.1 The Client acknowledges and agrees that it will not own or acquire any rights under this Agreement in any Intellectual Property in or relating to the Services or created in performing the Services and that it will have no other rights in or to the Services other than the rights expressly granted by the Agreement.

▪ 8.1.1 the provision by iUVO of Services making use of information or specifications supplied by the Client;

▪ 8.1.2 the Client’s failure to procure all necessary rights from third parties which are from time to time required in order for iUVO to be able legally to provide the Services; or

▪ 8.1.3 the use by iUVO in connection with the Agreement of the Client System and the Client Materials.

▪ 8.1.4 No Intellectual Property Rights created or acquired by iUVO will transfer or be assigned to the Client unless IUVO and the Client have signed a written assignment document to that effect.

▪ 8.1.5 The Client shall keep the Ancillary Systems in good condition during the continuance of the Agreement and free of all charges, liens and encumbrances and protect it from any and all judicial process.

9 Liability

9.1 The provisions of this clause 9 and the provisions of clauses 4 and 24 set out the entire liability of iUVO (including any liability for the acts or omissions of its consultants, employees, agents and authorised representatives) to the Client in respect of:

▪ 9.1.1 any breach of the Agreement; and

▪ 9.1.2 any representation, statement or tortious act or omission including negligence arising under or in connection with the Agreement.

9.2 Nothing in the Agreement excludes or limits the liability of iUVO for death or personal injury caused by the negligence of iUVO, fraud or a breach of section 12 of the Sale of Goods Act 1979.

9.3 Subject to clauses 9.2 the total liability of iUVO in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the Agreement is limited to:

9.4 £500 per breach for loss of or damage to tangible property; and

9.5 for any other kind of loss, one and a quarter times the amount of sums paid by the Client to iUVO pursuant to the Agreement (excluding VAT and expenses) during the preceding 12 month period.

9.6 iUVO will not be liable to the Client in contract, tort, misrepresentation or otherwise (including negligence), for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever, or for any loss of profit, loss of business, loss of revenue, loss of contract, loss of goodwill or otherwise (whether direct or indirect), and whether or not caused by the negligence of iUVO or its employees, agents or authorised representatives, which arises out of or in connection with the Agreement.

9.7 The Client acknowledges that the allocation of risk in the Agreement reflects the price paid for the Services and that it is not within the control of iUVO how or for what purposes they are used.

9.8 Where the Client accesses iUVO’s services from locations outside the UK, the Client does so, on the Client’s own initiative and is responsible for compliance with local laws.

10 Client Indemnity
The Client will fully indemnify and keep iUVO its parent company, sister companies, subsidiaries and affiliates, officers, partners, directors employees and agents fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including legal fees) whatsoever incurred by it and arising from any of the following:

10.1 the Client’s breach of the Agreement, negligence or other default;

10.2 the operation or break down of any IT systems owned or used by the Client including the Client System but not the Equipment; or

10.3 the Client’s use or misuse of the Services.

11 Force Majeure
Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of IUVO or the Client, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party’s workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.

12 Term and Termination
Without prejudice to the remaining provisions of this clause 12 and any other rights and remedies available to iUVO:

12.1 iUVO will provide the Services for the period of 12 months from the date of the relevant Order Confirmation or, where different, any other period of supply stated on the Order Confirmation (such period being termed the “Initial Period”) and will continue beyond that period, subject to termination by:

▪ 12.1.1 the Client upon serving 30 days’ written notice on iUVO following completion of iUVO’s prescribed template procedures for terminating the whole or any part of the Agreement (details of which can be obtained from iUVO’s Customer Services Team); or

▪ 12.1.2 iUVO serving 30 days’ written notice on the Client to expire at any time after the Initial Period

12.2 iUVO may immediately terminate the Agreement (or at its option, any part of it) by notice in writing to the Client if the Client fails to pay to iUVO any sum due under the Agreement after the due date for payment.

12.3 Either party may terminate the Agreement (or, at its option, any part of it) forthwith by notice in writing to the other if the other party:

▪ 12.3.1 is in material breach of the Agreement and fails (where the breach is capable of remedy) to remedy the breach within 30 days of the receipt of a request in writing to remedy the breach, such request setting out the breach and indicating that failure to remedy the breach may result in termination of the Agreement;

▪ 12.3.2 becomes the subject of a voluntary arrangement under section 1 of the Insolvency Act 1986;

▪ 12.3.3 is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;

▪ 12.3.4 has a receiver, manager, administrator or administrative receiver appointed over all or any parts of its undertaking, assets or income, has passed a resolution for its winding-up, or has a petition presented to any court for its winding-up or for an administration order; or

▪ 12.3.5 has ceased or threatened to cease to trade.

12.4 Clients that have purchased the Services as Consumers have the right to cancel the Agreement within 7 working days at no additional cost from either (a) the date the contract is formed; or (b) the date that the Client receives confirmation that the contract is formed from iUVO or whichever is the later. For the purposes of this clause, the date the contract is formed shall be the date that the Client presses the “Order” button thereby granting consent that the Service commences.

▪ 12.4.1 The Client can exercise its right to cancel by contacting iUVO at hello@iuvo.agency or by contacting the team on 0845 299 8 211, Monday to Friday.

▪ 12.4.2 The Client will no longer have the right detailed in clause 12.4 when, iUVO has commenced the Service with the Client’s consent. For the purposes of this clause the Client’s consent will be deemed to be given upon the Client pressing the “Order” button.

▪ 12.4.3 If you do not wish to waive these rights, then iUVO will be unable to commence the Service until the end of the relevant cooling off period which is 7 working days.

13 Consequences of Termination

13.1 Termination of the Agreement is without prejudice to the rights and duties of either party accrued prior to termination.

13.2 The clauses of the Agreement which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination.

13.3 iUVO will without notice remove the Client’s data from its systems and any Equipment following termination. For the purposes of this clause, the date of termination will be either the date that iUVO receives signed authorisation from the Client instructing cancellation of account or the date of expiry of notice of termination served in accordance with these Conditions.

13.4 Upon termination of the Agreement, the Client will forthwith:

▪ 13.4.1 cease to use the Software, Equipment and Services;

▪ 13.4.2 erase the Software from the Client System and certify to iUVO that this has been done;

▪ 13.4.3 return to iUVO any hardware or other equipment loaned to the Client in connection with the Services or any other materials and equipment owned by iUVO; and

▪ 13.4.4 pay all outstanding invoices raised by iUVO pursuant to the Agreement.

13.5 In the event of termination of the Agreement by the Client part way through the Initial Period, the Client remains obliged to pay for Services comprising the provision of dedicated server hosting for the remainder of that period.

13.6 Where following termination, iUVO is unable to cancel any registration of a domain name registered on behalf of the Client, it may levy a minimum charge to cover the cost of the domain registration fee.

13.7 Where the Client services include the purchase of licensing for software by iUVO on behalf of the client, in the event of termination of the agreement by the client, iUVO are unable to refund any proportion of the software and/or licensing fees incurred.

14 Severability
The illegality, invalidity or unenforceability of any provision of the Agreement will not affect the legality, validity or enforceability of the remainder. If any such provision is found by any court or competent authority to be illegal, invalid or unenforceable, the parties agree that they will substitute provisions in a form as similar to the offending provisions as is possible without thereby rendering them illegal, invalid or unenforceable.

15 Waiver

15.1 The failure or delay by either party in exercising any right, power or remedy of that party under the Agreement will not in any circumstances impair such right, power or remedy nor operate as a waiver of it. The single or partial exercise by either party of any right, power or remedy under the Agreement will not in any circumstances preclude any other or further exercise of it or the exercise of any other right, power or remedy.

15.2 Any waiver by either party of a breach of or default under any of the terms of the Agreement by the other party is not deemed a waiver of any subsequent breach or default and in no way affects the other terms of the Agreement.

16 Assignment and Subcontracting
The Client may not assign the benefit or delegate the burden of the Agreement nor sub-license any of its rights under the Agreement (including to its Associated Company) without the prior written consent of iUVO. Any consent provided by iUVO under this clause is given on condition that the assignee or licensee, as the case may be, agrees to comply with the terms of the Agreement as if they were the Client. iUVO may sub-contract or assign any or all of its rights and obligations under the Agreement.

17 Amendments
No variation or amendment to the Agreement (including any Order Confirmation) is effective unless agreed in writing and signed by an authorised representative of iUVO.

18 Notices
Any notice to be given or made by either party under or in connection with the Agreement must be in writing and given or made to the other party at its address stated in the Order Form or to such other address as either party may from time to time notify to the other. Every notice, if so addressed, is deemed to have been duly given or made, if delivered by hand, upon delivery at the address of the relevant party, if sent by prepaid first class post, two Business Days after the date of posting and if transmitted by facsimile, at the time of transmission (provided a confirmatory letter is sent by prepaid first class post) provided that, where, in accordance with the above provisions, any notice would otherwise be deemed to be given or made on a day which is not a Business Day or after 4.00 p.m. on a Business Day, such notice shall be deemed to be given or made at 9.00 a.m. on the next Business Day. iUVO may additionally serve notice on the Client under or in connection with the Agreement by email to the Client by sending an email to the contact email address stated on the Order Confirmation(s) or, in the case of a Client for whom iUVO has registered a domain name, to webmaster@[registered domain name], and in such a case the email will be deemed sent once transmitted from iUVO’s email server.

19 Applicable Law and Jurisdiction
The construction, performance and validity of the Agreement will be governed by English law and the English courts have jurisdiction to settle any disputes which may arise out of or in connection with it.

PART 2 – ANCILLARY SYSTEMS SUPPLY

20 Provision of Software

20.1 In consideration of payment by the Client of the Fees, iUVO will supply to the Client one copy of the Software and Third Party Software in object code form.

20.2 iUVO grants to the Client the non-exclusive, non-transferable right to Use the Software for so long as the relevant Services continue to be provided subject to the remaining terms of these Conditions.

21 Client’s Undertakings
The Client undertakes:

21.1 to maintain accurate and up-to-date records of the number and locations of all copies of the Software;

21.2 to take good care of the Ancillary Systems; and

21.3 not to provide or otherwise make available the Software in whole or in part (including program listings, object and source program listings, object code and source code) in any form to any person other than the Client’s employees without the prior written consent of iUVO.

22 Copying

The Client may make only so many copies of the Software as are reasonably necessary for operational security and to Use the Software. Such copies and the media on which they are stored will remain the property of iUVO, and the Client will ensure that all such copies bear iUVO proprietary notices. The provisions of Part 2 of these Conditions will apply to such copies as it applies to the Software.

23 Alterations

23.1 Except to the extent and in the circumstances expressly required to be permitted by iUVO by law, the Client may not:

▪ 23.1.1 alter, modify, adapt or translate the whole or any part of the program listings, object and source program listings, object code or source code in the Software in any way whatsoever;

▪ 23.1.2 permit the whole or any part of the Software to be combined with or become incorporated in any other computer programs; or

▪ 23.1.3 decompile, disassemble or reverse engineer the Software;

nor attempt to do any of these things.

23.2 To the extent that the law applicable to the Agreement grants the Client the right to decompile the Software in order to obtain information necessary to render the Software interoperable with other computer programs used by the Client, iUVO undertakes to make that information readily available to the Client. iUVO may impose reasonable conditions (including a reasonable fee) for doing so. In order to ensure that the Client receives the appropriate information, the Client must first give to iUVO sufficient details of the Client’s objectives and the other computer programs concerned

24 Software Performance

24.1 The Client acknowledges that:

▪ 24.1.1 software in general is not error-free, and agrees that the existence of such errors will not constitute a breach of the Agreement; and

▪ 24.1.2 the Ancillary Systems will operate only in conjunction with the Client System and other operating systems that may be notified by iUVO in writing from time to time.

24.2 iUVO will use its reasonable endeavours to check the Software for the most commonly known viruses prior to delivery to the Client. However, the Client is solely responsible for virus scanning the Software and iUVO gives no warranty that the Software will be free from viruses.

24.3 iUVO warrants that (subject to the other provisions of the Agreement) the Ancillary Systems will as at delivery be free from material errors which prevent the Client’s use of the Services and conform in all material respects with any applicable specification agreed in writing between the Client and iUVO. iUVO will not be liable for a breach of this warranty:

▪ 24.3.1 if the error in question has been caused by any modification variation or addition to any part of the Ancillary Systems not performed by iUVO , their incorrect use by the Client, or use with or in connection with systems with which they are incompatible; or

▪ 24.3.2 where the Client does not notify iUVO in writing of a failure within 14 days of becoming aware of the same.

24.4 If the Client makes a valid claim against iUVO based on the failure by iUVO to comply with the warranty set out in clause 24.3 iUVO will at its option take such steps as it deems necessary to remedy such failure or refund such part of the Fees as relates to the defective Ancillary Systems.

24.5 If iUVO complies with clause 24.4 it will have no further liability for a breach of the warranty set out in clause 24.3.

25 Third Party Software and Services
Any Third Party Software and or Service is supplied to the Client on the basis of the relevant third party’s standard licence terms provided to the Client with the relevant Third Party Software and or Service and with which the Client agrees to comply with.

PART 3 – SUPPORT SERVICES

26 Provision of Support Services

26.1 iUVO will provide the Support Services to the Client upon the terms and conditions set out in this Part 3 and Part 1 of these Conditions.

26.2 iUVO will only be obliged to provide the Support Services during Support Hours as detailed on the IUVO website

26.3 The obligation of iUVO to provide Support Services will not extend to:

▪ 26.3.1 rectification of lost or corrupted data except where such loss is as of a direct result of a iUVO server crash;

▪ 26.3.2 Ancillary Systems altered modified or varied by other than iUVO ;

▪ 26.3.3 attendance to faults arising from the Client’s failure to comply with iUVO ‘s instructions with regard to the use of the Services or any documentation or manuals provided by iUVO , or operator error or omission; or

▪ 26.3.4 attendance to faults attributable to the use or interaction of an Ancillary System with other software or systems with which it is not compatible.

▪ 26.3.5 iUVO will charge its standard employee charge out rates (as detailed in any relevant SLA) in addition to the Fees for the carrying out any remedial work described in clauses 26.3.1 to 26.

26.4 iUVO will use its reasonable endeavours to provide the Support Services in accordance with any applicable SLA.

26.5 Scope of Support Services iUVO will at no additional charge to the Client initially install the standard operating system Software on to the Client System or, where appropriate, the Equipment. Any re-install will occur a charge, this charge will be detailed in any applicable SLA.

26.6 IUVO will operate a helpline service to assist the Client in relation to the Client’s use of the Services and the identification and correction of Defects. Assistance via this helpline service may be requested by the Client and provided by iUVO, by telephone, e-mail or helpdesk ticket system provided by IUVO. The service will be obtained by telephoning, e-mailing such numbers or addresses or logging into such ticketing systems, as are notified by iUVO from time to time.

26.7 If a Defect occurs, the following procedure will be followed:

▪ 26.7.1 the Client will notify iUVO of the Defect and provide such information and assistance as iUVO reasonably requires in connection with such Defect; and

▪ 26.7.2 iUVO will analyse the Defect and use its reasonable endeavours to rectify the Defect in question or propose a solution in connection with the same, within ten Business Days of being notified of the same under clause 26.6.

PART 4 – DOMAIN SERVICES

27 Service Provision

27.1 iUVO will provide the Domain Services to the Client upon the terms and conditions set out in this Parts 1, 3 and 4 of these Conditions.

27.2 The Client undertakes and warrants to iUVO that the registration of any domain name requested by it (a “Requested Domain”):

▪ 27.2.1 and the manner in which it is to be directly or indirectly used will not infringe any third party rights; and

▪ 27.2.2 is not being made in bad faith or could be considered to be an abusive registration under the ICANN or Nominet dispute resolution policies, whichever is appropriate.

The Client also confirms and warrants that any Requested Domain is not being registered and will at no time whatsoever be used for any unlawful purpose.

27.3 The Client acknowledges that, whilst iUVO will use its reasonable endeavours to register a Requested Domain, iUVO will not be obliged to accept any request to register or continue to process any registration of a Requested Domain.

27.4 The Domain Services are limited to forwarding the application for registration to the relevant naming authority, providing reasonable administration services in relation to the application and notifying the result of the application to the Client within a reasonable period after communication from the authority. iUVO will use reasonable endeavours to notify the Client of any renewal dates however IUVO accepts no liability for the loss of registration of any Requested Domain.

27.5 iUVO makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of registration of any Requested Domain. The Client acknowledges that iUVO cannot guarantee the reservation or registration of any Requested Domain and that the registration of such domain name will be subject to any registration requirements of the appropriate registry.

27.6 The Client will check that the domain name as reported on all documents sent to the Client (such as invoices and e-mail notifications) is spelt correctly. The Client will notify iUVO of any incorrect spellings of a Requested Domain promptly and in any event within 24 hours of receiving such document.

27.7 The Client will at all times comply with the terms and conditions (from time to time subsisting) applying to the registration of domain names published by the relevant naming authority (including the domain dispute resolution policy of that authority) and any other authority having similar force.

27.8 If the Client wishes to transfer ownership of a Requested Domain then it will procure that all necessary consents to that transfer are obtained and will deliver up to iUVO, on demand, documentary evidence of that all such consents have been obtained. The Client agrees that prior to transferring ownership of a Requested Domain to another person (the “Transferee”) the Client will procure that the Transferee agrees in writing to be bound by the terms of the Agreement. A Requested Domain will not be transferred until iUVO receives such written assurances as it requires that the Transferee is bound by the terms of the Agreement.

27.9 iUVO will not transfer ownership of a Requested Domain until all Fees attributable to the Domain Services which are due have been paid by the Client to iUVO.

27.10 iUVO may from time to time change the registrar that a Requested Domain is held with, at its discretion and without notice to the Client.

27.11 The Client agrees and acknowledges that IUVO will make registration information provided by the Client in relation to the Requested Domain available to ICANN, Nominet or any other appropriate registration authority, the registry administrators, and other third parties as applicable laws may require or permit including the police or other enforcement authority. The Client further acknowledges that IUVO may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information provided, for purposes of inspection (such as through the WHOIS service) or other purposes as required or permitted by ICANN, Nominet and applicable law. The Client consents to any and all such disclosures, whether during or after the term of registration of the Requested Domain. The Client irrevocably waives any and all claims and causes of action arising from such disclosure or use of the domain name registration information by IUVO.

27.12 IUVO will only allow a domain name owned or managed by the Client to be attached to the ISP tag of IUVO or any of its Associated Companies if the Client has an active hosting account with IUVO or one of its Associated Companies or is holding the domain name within a 123-reg holding account.

27.13 The Client agrees that following any upgrades, downgrades or any other changes made by the Client to their Domain or Hosting package the Client will at all times independently manage their Domain(s)

ACCETPABLE USE POLICY

iUVO has created this Acceptable Use Policy (AUP) for hosting customers

Compliance with UK Law

iUVO has created this Acceptable Use Policy (AUP) for hosting customers to protect our resources, and the resources of our customers and peering networks in order to provide a high speed network, high availability services and to ensure that iUVO comply with all relevant UK laws. This AUP must be read in conjunction with our Terms and Conditions.

It is the responsibility of all customers of the iUVO network and services to ensure that they comply with the latest edition of the AUP at any given time.

This AUP may be revised, without notice, at any time, at the sole discretion of iUVO. Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms and Conditions and this AUP.

In the event of a breach of this policy, iUVO reserve the right to terminate all or part of any service with immediate effect, without recompense, and delete any files held on our servers.

If you have any questions about any of our policies, please contact the Customer Service Team at: hello@iuvo.agency

Compliance with UK Law

It is an offence under UK law to transmit, receive or store certain types of files.

Customers may not use our services to engage in activities, or store, transfer or receive material of an indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the UK authorities under the relevant Criminal Acts including but not limited to the Computer Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997.

It is also a criminal offence under UK law to knowingly infringe intellectual property rights, such as copyright, patents, database rights and registered trade marks. Customers are reminded that sharing copyright material through the use of peer to peer software may consequently constitute a criminal offence if done without permission of the right owner in question. iUVO will co-operate with any agency or rights holder wishing to assert their rights in these matters and iUVO reserve the right to withdraw service under such circumstances.

The Data Protection Act 1998 imposes numerous duties on any organisation that processes personal data relating to third parties. Failure to comply with many of these duties constitutes a criminal offence. Customers who are not merely processing personal data for domestic (including recreational) reasons are reminded of their likely duty to register with the Information Commissioner.

Under the Electronic Commerce (EC Directive) Regulations 2002, iUVO is in general not liable to any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts. Accordingly, if we become aware of credible evidence that a customer has carried out any unlawful acts we will take preventative measures to bring those acts to an end.

Compliance with foreign law

The Internet is global in reach. Consequently it is possible for anyone using the internet to break the laws of foreign countries. Customers are therefore advised to take all reasonable steps to avoid breaching relevant foreign laws.

Warranties and Disclaimers

Our service warranties and the extent of our liability are explained fully in our Terms and Conditions.

By connecting to the iUVO network, Customers agree to hold iUVO harmless in the event of any legal claim regarding our services.

Irresponsible usage

Customer acknowledges that they have a responsibility to ensure that their connection is not used in an irresponsible manner. iUVO deem irresponsible use of the services to include, but not be limited to, sending unsolicited e-mail (“spamming”), attempting to breach the security of a 3rd party machine, and flooding Usenet by placing a single post in a large number of newsgroups.

In the event that a customer’s services are used for any purpose that iUVO deem irresponsible then iUVO reserve the right to suspend service while the usage is investigated in consultation with the customer. Should investigation determine that the service has been used irresponsibly, iUVO reserve the right to terminate the customer’s account with immediate effect. Wherever possible the customer will be notified in advance of any termination.

Security and privacy

Login names and passwords must be kept secret and not be communicated to any third party. iUVO must be notified immediately if they are compromised. If a customer forgets or loses their password, they will need to contact support to have it changed.

Customers are responsible for all traffic that is sent from their server. It is therefore the customer’s responsibility to ensure that all software is virus-free and up-to-date with all relevant security patches. In particular, server software running on public-facing ports, such as mail servers and proxy servers, must not be remotely exploitable.

If iUVO find malicious traffic emanating from a customer’s server, iUVO have an obligation to our other customers and peering networks to take urgent measures to block that traffic. In many cases, this can be achieved by selective port blocking, but in other cases, this will involve disconnecting and suspending the account until the issue has been resolved. iUVO understand that in many cases a customer may not be responsible for or aware of the problem, and therefore iUVO will work with the customer to resolve the issue as efficiently as possible to restore normal service.

E-mail

Customers may not use iUVO services to send unsolicited commercial e-mail (UCE, also known as ‘Spam’). iUVO will block the mail services of any customer found to be sending such mail.

Customers may not have “open mail relays”. iUVO will close the relay or connection of any customer found with an open mail relay.

Opt-in mailing lists are allowed, where it can be proved that subscribers did opt-in and that a suitable opt-out mechanism is available.

iUVO reserve the right to remove any mail older than 60 days from shared mail servers. It is the customer’s responsibility to ensure that mail is regularly collected and removed from iUVO’s POP3 server. iUVO strongly advise against the use of the POP3 option to keep mail on the server. If a POP3 mailbox contains an excessive amount of mail, IUVO reserve the right to remove older mails from the mailbox to reduce its size.

If Clients have not logged into any mailbox provided by iUVO within a 6 month period this may result in the deletion of the mailbox.

Hosting (Shared)

By uploading to the services, the customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the Web space service.

The Customer will be responsible for the content of their website, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law. iUVO reserve the right, without notice or explanation, to remove material which does not comply with this AUP or our Terms and Conditions, such as material of an adult nature or pirated software.

iUVO reserve the right to suspend any or all of the service at any time, without prior notice, explanation, or recompense.

Customers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via their website. iUVO reserves the right to suspend any sites containing such material. Customers must be careful when using peer to peer networking software to ensure that they do not download or transfer material which they do not have the right to download or transfer.

You may not use our services in any way that would disrupt, impair, or interfere with our servers or with other customers’ use and enjoyment of our services. This includes, but is not limited to, employing applications such as Shoutcast and Minecraft utilities that consume excessive CPU time, memory or storage space. Any file you store on the Server will be reachable via a hyperlink from a page. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications that maintain a constant FTP connection uploading an image at regular intervals is forbidden.

Should your use of our services result in an overly high load on our servers in our sole discretion, we may suspend your account until the cause of any such overload is determined and resolved, or we may terminate your account if we believe that the situation cannot be satisfactorily resolved. Abuse of an “unlimited” service (e.g. bandwidth or hosting) to the extent that it detrimentally affects other customers’ services will be treated in the same manner, such abuse to be assessed and decided upon at iUVO’s sole discretion. We ask customers who intend to use high volumes of data to first discuss their requirements with our Sales Team.

Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as Webpage designers, working on the customer’s behalf. iUVO must be notified immediately if they are compromised. If someone were to gain access to a customer’s account password, they could tamper with files held on the customer’s website.

The customer has sole responsibility for ensuring that any data is suitably backed-up. iUVO will not keep backups of customers’ websites. IUVO will accept no responsibility whatsoever for loss of data or information resulting from the use of this service.

If the account is suspended for any reason, such as non-payment, access to the customer’s website, both for viewing and uploading, may also be suspended.

On closing an account, the relevant data on this Web space will be deleted.

Reseller Hosting

The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.

Our acceptable use policy (“AUP”) is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.

Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses.

Illegality

In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, or trafficking in obscene material.

Undesirable Content

Certain types of content are not permitted on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.

Bulk Email

The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden.

Misuse Of Resources

Including but not limited to employing applications which consume excessive CPU time, memory or storage space; any file you store on the Server will be reachable via a hyperlink from a page. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.

If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.

Hosting (Dedicated)

By uploading to a iUVO dedicated server, the customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the Web space service.

The customer will be responsible for the content on their server, including obtaining the legal permission for any works they include and ensuring that the content on the server does not violate UK law. iUVO reserve the right, without notice or explanation, to remove from the network a server which does not comply with this AUP or our Terms and Conditions, such as one storing material of an adult nature or pirated software.

iUVO reserve the right to remove a server from the network, if it is deemed to be causing excessive load or traffic, is adversely affecting the performance of other servers on the network, or is being abused by an external entity. It is the customer’s responsibility to ensure that their scripts are not vulnerable to these problems.

The customer agrees not to advertise their Website via unsolicited commercial e-mail. iUVO reserve the right to suspend a site which has been ‘spamvertised’ at any time.

iUVO do not impose quotas for data transfer on dedicated servers. However if a customer is using an excessively high volume of bandwidth for data transfer iUVO reserve the right to revert to its terms and conditions and impose a charge for high usage. We ask customers who intend to use high volumes of bandwidth for data transfer to first discuss their requirements with our Sales Team.

Customers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via their dedicated server. iUVO reserve the right to remove from the network any server containing such material. Customers must be careful when using peer to peer networking software to ensure that they do not download or transfer material which they do not have the right to download or transfer.

Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as Webpage designers, working on the customer’s behalf. iUVO must be notified immediately if they are compromised. If someone were to gain access to a customer’s account password, they could tamper with files held on the customer’s server.

The customer is ultimately responsible for ensuring that their site is suitably backed-up.

If the account is suspended for any reason, such as non-payment, access to the server may be suspended.

On closing an account, the data on the dedicated server will be deleted.

Firewalls

iUVO’s Firewall service is capable of being attached to an individual server however, iUVO are able to create rules for as many Internet Protocol addresses (IP’s) that they have within that individual server.

Clients are responsible for the rules attached for their Firewalls. The editing of the templates provided by iUVO is the responsibility of the Client.

Clients are advised that hardware Firewalls will block access to ports on an individual server however, it will not protect against viruses running on services active on the individual server. For the avoidance of all doubt the relevant Firewall provided by iUVO is a security barrier it does not protect against viruses and or spyware.

Virtual Private Networks (VPNs) are not supported on this iUVO Firewall platform.

The disabling of the Firewall or rectification of any non working rules that Clients attach to the Firewall is the responsibility of the Client. The repair of any other services and or application of a Client following a Client made change to the Firewall are the responsibility of the Client.

Attempted security breaches

Any attempt to breach the security of any machine is forbidden. Attempting to do so will result in immediate account termination and possible further legal action. Users may not run any program that monitors network packet data or any program that compromises the privacy of network traffic.

It should be noted that attempting to breach security may lead to prosecution under the Computer Misuse Act 1990 or any other relevant criminal legislation.

Attempts to circumvent copy protection technology and encryption are also likely to be illegal under the Copyright Designs and Patents Act 1988 (as amended).

Non-Specific

Customers may not mount an attack, by whatever means, against our system, or any other systems. Customers may not run unauthorised mailing lists from or through any of our machines or mail servers.

Any IP addresses assigned to customers are owned by iUVO.

When using a quota-based service, it is the customer’s responsibility to remain within their usage quota. In regards to bandwidth any use over or above your stipulated level will result in a charge of £0.010 per every Mega Byte (MB) you exceed. iUVO reserve the right to delete files for over-quota users if disk space is affecting the normal running of the server.

Using the Services for any activity which adversely affects the ability of other people or systems to use iUVOs Services or the Internet. This includes “denial of service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Customers responsibility to ensure that their network is configured in a secure manner. A Customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

Services

  • Digital
  • Website Design
  • E-Commerce
  • User Experience (UX)
  • Search Engine Optimisation (SEO)
  • Mobile App Development
  • Database Development
  • Desktop Application Development.
  • Wordpress
  • Magento
  • Woocommerce
  • Silverstripe
  • Design
  • Logo Design
  • New Brand Development
  • Rebranding
  • Marketing Material
  • Advertising
  • Stationery
  • Promotional Material
  • Exhibition Design
  • Packaging Design
  • Brand Guidelines
  • Brand Strategy
  • Brand Audit
  • Marketing
  • Digital + SEO Strategy
  • Email Marketing
  • Public relations (PR)
  • Social Media
  • PPC
  • Online Advertising
  • Content Seeding
  • Events
  • Experiential
  • Promotional Material
  • Direct Mail (DMP)
  • Copywriting
  • Social Media
  • Social Content Creation
  • Social Media Strategy
  • Social Media Campaigns
  • Social Media Advertising
  • Community Management
  • Film Creation & Production
  • Copywriting
  • Photography
  • Animation
  • Illustration

We’re iUVO, digital geeks, innovative dreamers, marketing nerds,
business strategists and creative wordsmiths.

Our approach is about effectiveness and aesthetics. We work from the inside out – understanding your business and any challenges you face, to create something compelling, that lets you engage and communicate more efficiently with your audience.