Web Hosting Terms
- These Terms and Conditions constitute our policies regarding use of our Services.
- When purchasing or applying for the use of our Services, you agree that these Terms shall apply to those Services. These Terms will be valid if and when we email you to confirm that your account has been activated, or from payment of the first invoice on the account.
- These Terms take the place of any previous correspondence, understanding, and negotiation or representation of our services.
- It is your responsibility to comply with these Terms at any given time.
- It is our responsibility to abide by and enforce these Terms at all times.
- If there are any inconsistencies or conflicts between these Terms and Specific Terms, the Specific Terms take precedence.
- For clarity, the following words and phrases are defined below.
- Terms - the Terms and Conditions.
- Specific - Specific Terms that apply to particular Services.
- Us, Our, We - NuFuture Limited, trading as NuBlue Web Solutions. Registered office - NuFuture Limited, West Park House, 7-9 Wilkinson Avenue, Blackpool, Lancashire, FY3 9XG. Company Number - 05523340.
- You, Your - The customer.
- Both Parties - Nu Future Limited, and You, the customer.
- Server - any server that we allow you access to or any server on which we allocate you resources.
- Services - the services that we provide to you under these Terms.
- Software - any software used on our Services.
- Articles - every numbered section of these Terms are an Article.
- Subsection - specific, individually numbered points within Articles.
3. Compliance with Law
- These Terms are governed by English law.
4. Agreement and Responsibility
- We may vary these Terms at any point. You may not vary these Terms at any point.
- If we fail to do something that we should do according to these Terms, and this causes you to fail to do something according to these Terms, then we will not treat your failure as a breach of these Terms. You agree that you will treat us in the same manner.
- You agree that you shall comply with UK law.
- You agree that you will comply with our reasonable guidelines, directions and instructions regarding the use of our Services.
- You agree that you will not sell, transfer, barter, deal, trade, or otherwise make available the Services, Software or any parts thereof to any third party, for any purposes that breach these Terms.
- You agree that by using our Services, and therefore agreeing to these Terms, that you have full authority to apply for and use our Services, and abide by these Terms.
- You agree that it is your responsibility to keep your contact details up to date, and that we will always be able to contact you using these contact details.
- You agree that it is your responsibility to ensure that you are able to pay any invoices for your Service on time, and that a valid payment method is assigned to your account at all times.
5. Service Entitlement
- You agree that you are not entitled to the use of any Services, access to a Server or Software, or internet connectivity from any of our Services, until we inform you (by email or telephone) that they are ready for use.
6. Intellectual Property Rights
- All Intellectual Property Rights are owned either by us or by the licensors of the Services and the Software. You acquire no rights in the Services or Software.
- You agree that we are fully indemnified, and will remain fully indemnified, from and against all actions, demands, costs, losses, penalties, damages, liability, claims, expenses, and legal fees whatsoever, incurred by us, and/or arising from:
- Your breach of this Agreement.
- Your negligence or other act or omission.
- Any claim brought against us by any third party alleging that Intellectual Property Rights have been infringed, where such infringement arises from your modification or use of the Software and/or Services, and/or any materials or information provided to you by us, or available to you from us.
- The operation or break down of any equipment or software owned or used by you.
- Your use or misuse of our Services and/or the Server.
- You agreements with other parties.
- We shall not be liable for any of the following types of loss, regardless of whether they are direct, indirect or consequential, or whether we have notified you that you would incur any of these losses:
- Financial loss of any kind, including but not limited to loss of profits, earnings, business, goodwill, reputation, business interruption, clients or sales.
- Loss, corruption or amendment of any data or content stored on our Servers.
- Both parties agree that disputes regarding these Terms shall be dealt with in the following manner.
- The dispute should be raised by you, in the name of the Primary Account Contact, and will be referred to us, in our case to the Manager that we assign the dispute to. You should raise the dispute, via email to managers.postbag @ nublue.co.uk.
- If the dispute is not resolved then it will be escalated to our Directors.
- If the dispute cannot be resolved at this stage, both parties will attempt to agree a mediator for the dispute. If we cannot agree a mediator then we will contact the Law Society of England and Wales to appoint a mediator.
- If the dispute is still not resolved, then both parties agree that the English courts can settle the dispute.
- We shall bear our own costs for the dispute procedure, up to any involvement of the English courts. You shall do the same.
10. Miscellaneous Terms
- Both parties will not be liable to the other for any delay or failure in performance of their obligations according to these Terms, where these have been caused by events outside their reasonable control. However for invoke this clause we must notify you, the suffering party must notify the other of this event. Furthermore this does not apply to your obligation to pay any fees for the Services.
- Any IP addresses assigned to you are owned by us. We may reclaim, redistribute, or amend IP addresses associated with your Service or Server. We will notify you via email should we carry out any of these changes.
11. Billing Specific
- All charges payable by you for Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, and shall be due and payable in advance of the provision of such Services.
- All prices on our website and in all correspondence, unless specifically stated otherwise, are given without VAT.
- You agree that unless you are able to provide proof of your exemption from the requirement to pay tax, you will be charged VAT at the current UK rate.
- We may change the prices we charged for any of our Services at any given time. Should pricing change for a Service, we will honour the old price for any period that you have already paid for. We will always inform you via email that we are changing our prices with sufficient notice, that you will be able to submit a cancellation request according to Article 13 of these Terms, should you decide that you do not wish to continue your Service at these prices.
- By applying for and using our Services you agree that you will ensure that a valid payment method is available for use at all times, and that you are able to pay for the Service on relevant due dates.
- Unless specifically stated elsewhere, all services will be available on monthly (30 day), quarterly (90 day), or annual (365 day) payment cycle. A renewal cycle comprises the point between the initial payment of an invoice, and the date whereby another invoice will be due for payment to continue using the Service.
- Any invoices for renewal of Services will be sent to you via email, and will be due for payment 30 days hence. Initial invoices, and invoices for Services that do not renew, are due for payment immediately, and will be sent to you via email, either prior to payment or directly after payment has been processed.
- We will not send bills, invoices, statements or any other form of correspondence via regular mail. All invoices are accessible through your billing control panel and are emailed to you automatically when they are generated. You agree that, should you insist that we send you any correspondence via regular mail, that we will charge you a fee to do so. We will communicate this fee to you prior to doing so, and we will only send you this correspondence if you agree to this fee.
- We reserve the right to refuse to amend your billing cycle if you request that it should be changed. We will always inform you of our reasons for this refusal at the time.
- All Services are billed on a pre-pay basis. You agree that you will therefore be charged automatically at the end of every renewal cycle. This may change depending on the relevant stage of any Cancellation request you may have made, as per the Terms in Article 13.
- We do not normally accept payment via Cheques. You therefore agree that should you process any payments via Cheque, that you will pay an additional £1 administration fee per Cheque to cover the increased bank and payment processing charges relating to this payment method.
12. Overdue Payments Specific
- If an invoice is overdue, a warning of suspension notice will be sent to you via email on the 5th and 13th day after the due date. This email will be sent to the Primary Account Email Address on your Billing Account.
- If an invoice remains unpaid for 20 days after the due date, then the account will be suspended, and the functionality of your Services will be impaired. This suspension will be removed upon payment in full of the outstanding amount.
- If, after a further 30 days, the amount is still outstanding, we will consider that you have breached the Terms and cancel your Service. The outstanding amounts will still be considered due for payment.
- We reserve the right to vary these time frames if we are able to contact you, or if you contact us regarding payment of the outstanding amounts.
- You agree that we are not responsible for any loss of business or data should your Service be suspended or deleted for non-payment of invoices.
- Failure to pay overdue invoices may lead to the debt being referred to a debt reclamation agency to reclaim the outstanding fees if we are unable to process payment with you.
13. Cancellation Specific
- To cancel all or part of your Service, we require an email from the Primary Account Contact or a letter from the account address, requesting that all or part of the Service be cancelled. Any Service that you do not specifically request for cancellation will continue until we receive an official request from you in this manner.
- All cancellation requests are received on the basis of a 30 day notice period.
- If the notice period extends beyond the next renewal date of the Service or parts thereof, then a final renewal invoice will be generated, and the Service that you have requested to be cancelled will be cancelled on that date.
- We will normally generate any final renewal invoices in the form of a monthly invoice, regardless of the historic renewal cycle of the Service.
- If the notice period ends prior to the next renewal date of the Service, we will cancel the Service on the next renewal date.
- We will endeavour to cancel any invoices that have already been generated for Services that would no longer be due for payment following your cancellation request, as long as these invoices are not due for payment according to the Terms above.
- We will not offer a refund, and you will not expect a refund, for any cancelled Services or parts thereof, regardless of the cancellation date. If, following a full cancellation of all Services with us, there is an outstanding credit amount on your account, we will refund this amount to you via your normal payment method.
- All outstanding invoices on the account once the final invoices have been calculated are due for payment. Failure to pay these invoices after a cancellation may lead to the debt being referred to a debt reclamation agency to reclaim the outstanding fees if we are unable to process payment with you.
- If we cancel your Service, and you later contact us to request that we re-enable your account, we may have a backup of your account available to restore for you. If this is the case, if you would like us to restore this backup as part of re-enabling your account, you will need to pay any outstanding invoices on your account from when it was cancelled; a further invoice for another, initial cycle of your Service(s); and a one-off administration fee of £45 + VAT for the restoration of the account. We make no guarantees regarding the availability or content of any backup data following the cancellation of an account.
14. Service Upgrade Specific
- Any Upgrades to your Services must be confirmed via an email from the Primary Account Contact.
- You agree that there may be a period of downtime or a migration of your Services involved in an Upgrade. Although we will inform you to the best of our ability of any potential disruption prior to the event, you agree that this does not in any way affect the indemnity or liability Terms.
- We reserve the right to reverse or refuse an upgrade if payment for the upgrade is not processed.
- Your service will be upgraded on a specific day, and the billing will be calculated on a pro-rata basis from that day. In some cases, this may leave your account in credit.
15. Service Downgrade Specific
- Any Downgrades to your Services must be confirmed via an email from the Primary Account Contact.
- You agree that there may be a period of downtime or a migration of your Services involved in a Downgrade. Although we will inform you to the best of our ability of any potential disruption prior to the event, you agree that this does not in any way affect the indemnity or liability Terms.
- Once we have received your request for a downgrade, we will perform the Downgrade in a similar manner to our Cancellation Terms. There will therefore be a 30 day notice period of the Downgrade.
- If the notice period extends beyond the next renewal date of the Service or parts thereof, then a final renewal invoice will be generated, and the Service that you have requested to be downgraded will be downgraded on that date.
- We will normally generate any final renewal invoices in the form of a monthly invoice, regardless of the historic renewal cycle of the Service.
- If the notice period ends prior to the next renewal date of the Service, we will downgrade the Service on the next renewal date.
- We will endeavour to cancel any invoices that have already been generated for Services that would no longer be due for payment following your downgrade request, as long as these invoices are not due for payment according to the Terms above.
- We will not offer a refund, and you will not expect a refund, for any downgraded Services or parts thereof, regardless of the downgrade date.
16. Domain Specific
- You agree that we have no liability in respect of the use of any domain name by you. You further agree that you have no right to bring any claim against us in respect to the refusal to register any domain name.
- We are not under any circumstances liable or responsible for any errors, omissions or other actions by the naming authority arising out of or relating to your application, receipt of, or failure to receive a domain name registration.
- You agree that you will make entirely sure that the information submitted with a domain registration is correct, and that any errors are your responsibility. You agree that any domain names that you register in error will not entitle you to a refund of fees paid for these domain names.
- You agree that any administration charge paid by you to us is non-refundable, notwithstanding a refusal by the naming authority to register the desired name.
- Should you and a third party raise a dispute over a domain name, that dispute should be resolved between you and the third party. We may be obliged to make representations to the relevant naming authority, but we are no obliged to take part in any such dispute. Should you still wish to raise a dispute regarding a domain name that you have registered or attempted to register through us, you should refer to the procedure under article 9 (Disputes) in these Terms.
- Your domain name, unless specifically requested by you prior to the due date of your renewal invoice, will renew automatically, for the minimum available renewal period, 30 days prior to the renewal date of the domain name. If you have failed to request a cancellation of the domain name in accordance with the specific cancellation Terms detailed in article 13 of these Terms, prior to this date, then you accept that the domain renewal fee will be liable for payment by you.
- We will not release any domain name registered through us to any other provider, unless full payment for the registration or renewal of that domain name has been received by us.
- You accept that should you fail to pay renewal invoices for any domain name by the due date of the invoice, that we are entitled to withhold, suspend or cancel the provision of this domain name to you. Should a domain expire or enter a redemption period following non-payment of an invoice, you accept that this is a result of your inaction and that any fees required to reclaim the domain, or that the loss of the domain itself, is your responsibility.
- You agree that we reserve the right to refuse to register a domain name, if we have not received payment in full for that domain name.
- You accept that the minimum renewal period for an .uk domain is 2 years.
17. Domain Transfer Specific
- In transferring an .uk domain name, if the domain is within 3 months of its expiration date when the transfer completes, we will renew the domain for a further 2 years. You agree that this will take place and by transferring the domain to us you agree that you will pay this renewal fee.
- In transferring any other domain names, once the transfer has completed, we will renew the domain for the minimum allowed renewal term. You agree that this will take place and by transferring the domain to us you agree that you will pay this renewal fee.
- If a domain name has been renewed within 45 days of the finished transfer, then we will not renew the domain once the transfer has completed. For example, a domain that expires on 01/01/11, is renewed with another registrar on 05/01/11, and transferred to us successfully on 15/01/11, will not be renewed for another year. The renewal date will remain 05/01/12. This is a registry restriction that applies to all registrars.
- Any domain that has been registered with us as part of a special offer is subject to a £10 + VAT transfer out fee if you decide to transfer the domain away from us, unless the domain has been renewed for at least one term.
18. SSL Specific
- You agree that once an SSL Certificate has been renewed, the invoice for the SSL is due for payment. Failure to submit a Cancellation request, as detailed in Article 13 of these Terms, will result in renewal of the SSL Certificate and the outstanding amount requiring payment.
- You agree that should you not pay for an SSL Certificate, we may remove your ability to use the SSL until such time as the renewal has been paid for. If the unpaid amount refers to a new SSL Certificate, we will not process the order for the SSL until you process payment for the invoice.
- You agree that we are not liable in any way for the expiration of an SSL Certificate, regardless of the cause or responsibility for this expiration, and in addition to the Liability and Indemnity policies detailed under Articles 7 and 8 of these Terms.
- You agree that it is your responsibility to provide us with all the details required to process a renewal or order of an SSL Certificate.
19. Free Hosting Specific
- In using our Free Hosting, you are exempt from these specific Terms for the first month of the account.
- After this first month, we monitor the usage of your account. We will monitor for the following conditions every month:
- We will monitor your web space for internet traffic.
- We will monitor your hosting (not billing) control panel login.
- If you have no internet traffic to your web space, and you have not logged in to your control panel, we will delete the account.
- If you have had internet traffic to your web space, or if you have had no traffic but you have logged in to your control panel, then we will not delete the account.
20. Shared Hosting Specific
- Every domain has a soft bandwidth limit of 10GB per month. This includes incoming and outgoing bandwidth usage. You agree that in using our Shared Hosting, you will abide by this limit.
- Should any of your domains exceed this limit, we will begin a process of contacting you to investigate methods for reducing your usage, or, where this is not possible, for upgrading to a more suitable platform.
- You agree that, should you fail to implement recommended changes that would reduce your usage, or should you refuse to upgrade to a package that suits your bandwidth usage, then the bandwidth usage for your domain may be throttled by us. We will give you prior warning via email that this will happen. This will reduce your potential connection speed to a rate that ensures that your domain cannot exceed our soft limits. This does not affect indemnity or liability Terms in any manner.
- Every account has a specific disk space limit. These limits are not hard limits, so it is possible to exceed them. If you exceed your account limit we will contact you to discuss reducing your usage, or, where this is not possible, upgrading your account to a more suitable package.
- You agree that, should you fail to implement recommended changes that would reduce your usage, or should you refuse to upgrade to a package that suits your disk space usage, that we will take steps to reduce your usage. We will only delete data that will not affect the performance of your site, such as backups, log files, cached content, and emails. Should these steps fail to reduce your usage you agree that we have the right to suspend your account until steps can be taken to reduce usage or upgrade the account, and that this does not affect the indemnity or liability Terms in any manner.
- We monitor our servers very closely to ensure that all users on the server are not affecting the service for other clients. Therefore you agree that should we determine that your service is affecting the service of others, that we may suspend, migrate, firewall or otherwise stop any part of or the entirety of your account. You further agree that this may be for an indefinite period of time while the issue is investigated and that you will act upon our recommendations. Such usage includes but is not limited to causing high CPU loads, excessive use of apache or MySQL, deployment of banned scripts, flooding the mail server with excessive numbers of emails, causing the mail server to be blacklisted, uploading infected content, and scheduling of tasks during busy periods.
- Remote MySQL and SSH access are not permitted on Shared Hosting, and you agree that you will not make any attempts to access the Shared Hosting service in this manner.
- You agree that it is your responsibility to ensure that you have a current backup of your service at all times.
- You agree that if you require us to restore a backup of all or part of your service, that we may charge a fee for this service.
- We operate a policy of blocking IPs from FTP access if they fail to authenticate after 3 attempts. We are able to remove this block with ease, however you in turn agree that you must contact us to have this block removed, and that responsibility for being blocked and any repercussions this may have is yours alone.
21. VPS Specific
- You agree that we are not responsible for the performance of your VPS outside of regular office hours.
- You agree that you are responsible for the performance and stability of your VPS, including but not limited to disk space usage, bandwidth usage, RAM usage, CPU loads, and the services such as apache, MySQL and Plesk.
- You agree that we may move your VPS from one hardware node to another. We perform these migrations for maintenance and load balancing purposes and they are in the best interests of both parties.
- You accept that we monitor the hardware node on a 24:7 basis, but unless you are paying for the managed service, we do not monitor your VPS.
- If your VPS is utilising resources in a manner that affects the performance or stability of the node, you accept that we are allowed to suspend, migrate, or reduce resource availability of your Service without warning, and that we may keep these measures in place until such time as we deem that the problem has been rectified.
22. Managed Service Specific
- By purchasing our Managed Service, you are requesting that we monitor your service 24:7. You accept that this involves monitoring and responding to issues with your service, and does not change our relationship with you regarding the content of your Service.
- You accept that we may take steps to restore as much as your service as possible, which may in turn require that parts of your service do not function to achieve this.
- You accept that although you have access to the Emergency Support number for support outside of office hours, this number should only be used for services that you have purchased the Managed Service for. Furthermore, you agree that you will only use this number in an Emergency, and that use of this number that contravenes either of these statements will be subject to a £75 penalty charge for improper use.
- As a Managed Service client, you will be entitled to 2 hours of "hands on" support per month, beyond the remit of what we would normally consider covered by our support terms. It is at our discretion to judge what is covered by the "hands on" support, and it is at our discretion to inform you if we will be required to charge for any support that is outside of this remit or involves an investment of time beyond these 2 hours.
- We will inform you of any downtime or issues that our monitoring systems are reporting to us, as well as suggested fixes for these issues.
- You agree that if we suggest a resolution, upgrade, improvement or modification to the Service, that these are in our best intentions with regards to the performance of your Service. If you should refuse then you agree that we may reduce the levels of monitoring of your Service to compensate, and that we are not responsible for any delays or difficulties in resolving issues that we are not notified of as a result of this.
- You agree that the management service covers the monitoring and management of your hosting. It does not in any way confer responsibility for the content of your hosting, sites, applications or software that are not specifically provided by us as part of your service.
23. Dedicated Server Specific
- As a Dedicated Server client, you agree that you are using a Managed Service and are bound by these Terms as detailed under Article 21.
- You agree that there will be instances where we will be required to reboot your server. We will inform you in advance if we are required to do so.
- You agree that should you require an upgrade, that there will be a lead time in sourcing the relevant hardware, and that downtime will be required to perform this.
- You agree that, although we keep redundant systems wherever possible, that there are occasions where hardware fails. We will endeavour to resume your service as soon as we possibly can, and we will advise you of any issues, progress and time frames involved in whatever process we deem suitable for the speediest recovery of your service.
24. Professional Services Specific
- Professional services are any Services that are performed by us, for you, for an agreed sum of money, over and above the Services that you are already using with us.
- For these Services we will quote you for any work that we feel we can complete, and send you this quote via email, with a summary of what we will undertake for you.
- We will not perform this Service until you have paid for the invoice for the quoted amount, in full.
- We reserve the right to refuse to undertake Professional Services at any point.
- You agree that charges for this Service are not refundable once the work has been completed. You agree that we have the right to decide to cancel the Professional Services and refuse the work for any reason. Should we do so, if you have paid for the Service, at this point we will refund the corresponding invoice.
- If payment for Services rendered has not been made for any reason in any circumstance, we reserve the right to remove any Professional Service or suspend, alter and otherwise make unavailable the results of the Services we have undertaken, until such point as the invoice corresponding to the Service has been paid.
- Acceptance of the quote and payment of the corresponding invoice constitutes your agreement of the work outlined in the quote, and only that work. Further work will be quoted and charged again.
- You agree that undertaking these Professional Services in no way affects the Liability or Indemnity policies of these Terms, as detailed under Articles 7 and 8 of these Terms.
25. Banned Content and Usages
- Particular types of content and usage are explicitly banned from any utilisation or interaction with our Services. We reserve the right to remove or suspend all or part of your Services if we discover that you are in breach of these Specific Terms.
- Banned content and usage includes, but is not limited to the following list.
- Indecent or offensive content.
- Content that breaks specific English law.
- Content relating to illegal drug usage, accessories, or sale of so-called "legal highs".
- Content that encourages criminal acts, or is in itself a criminal act.
- Any content of any form that has been "pirated".
- Any content that incites or promotes discrimination or prejudice of any kind.
- Use of peer to peer software to transfer or download content that you do not have permission to acquire or make available.
- PHP shell scripts of any form.
- Chat, IRC, and Web Proxy scripts.
- Mailing lists or Newsletter scripts on the Shared or Free Hosting platforms.
- Content used for the purposes of sending UCE (Unsolicited Commercial Email).
- Content used to breach or attempt to breach security of any Service or Software.
- Malware, spyware, or content that contains or aims to spread any form of virus.
- Content that links, redirects to or displays any of the items listed above.
Digital Agency Terms
NuBlue is a brand of NuFuture Limited (hereinafter referred to as "NuFuture"), a provider of internet related services including Web design, website hosting, domain name services, website marketing and client support. These Conditions set out the terms under which NuFuture will provide Services to the Client. Agreement to any quote or proposal provided by NuFuture acknowledges acceptance of the terms laid out on this page.
The "Buyer" means the person, firm, company, organisation or individual with whom the Contract is made.
The "Seller" means NuFuture its assignees and successors in title.
The "Contract" means the Contract between the "Seller" and the "Buyer" for the sale of the "Design Services," "Client Support" and the "ISP Services" of which these terms and conditions are part. All written / oral statements and representations are superseded by "The Contract", unless inclusions or exclusions of terms contained herein are specifically varied by the "Seller" in writing.
"ISP Services" means Web Hosting, E-mail Accounts and Connection Accounts.
"Design Services" means Web Design and Site Promotion services
"Client Support" means support services
Acceptance of Order and expiry date
The "Buyer" by placing an order for the Service, confirms their acceptance of "The Contract" and agrees to be bound by "The Contract".
No binding Contract shall be created by the acceptance on the part of the "Buyer" of a quotation or offer made by the "Seller" until notice of the acceptance of the order in writing shall have been given by the "Seller".
The "Seller" reserves the right to accept or reject any order offered by the "Buyer".
The Contract and its acceptance
The "Seller" is entitled to update "The Contract" and the "Buyer" by placing an order for the Service agrees to be bound by any "Contract" revisions after their implementation date. The "Seller" commits to communicate such changes 7 days prior to implementation. The "Buyer" is responsible for reviewing regularly the terms, which are shown online under the heading NuBlue Terms and Conditions at: www.NuBlue.co.uk (Footer)
"The Contract" shall always prevail In the event of conflicts between the Contract and any other document.
Prior to commencement of "Design Services" the "Seller" requires a signed hardcopy order from the "Buyer" and a deposit of 40% of the total web site development costs (inc VAT).
The "Seller" will make every effort to ensure "ISP Services" commence within 24 hours from receipt a signed hardcopy order from the "Buyer".
All "Design Services" prices are quoted by the "Seller" are based on site content agreed at time of order between the "Buyer" and "Seller".
After receipt of the "Buyers" signed purchase order, the "Seller" reserves the right to revise the original quotation where alterations to content or specifications are made by the "Buyer" and not covered by the "Buyers" original signed purchase order (See Website alterations).
All prices quoted by the Seller are exclusive of VAT.
Affiliate Scheme Terms
Here are the terms and conditions for use of the NuBlue affiliate program. By signing up as an Affiliate, you agree to be subject to the Terms and Conditions outlined in this document. "NuBlue", "We", "Our" and "Us" refer to The Company issuing the Agreement. "You", "Your affiliation" and "The Affiliate" refers to the end user accepting this Agreement.
Duration of Affiliation
Your affiliation duration begins when you have been accepted as an Affiliate. The duration of your affiliation will continue until either party has ended it. Commission fees are applicable during this period only. We reserve the right to remove the Affiliate and withhold commission fees of the Affiliate if any Affiliate is found to be in violation of this Agreement.
Clients referred by the Affiliate will become sub-clients of the Affiliate. If two affiliates have referred the same client before the client has signed up, then the first Affiliate will win the referral. The client will remain a sub-client of the Affiliate until either the client ends their membership with NuBlue or the duration of the affiliation comes to an end.
The affiliate may not refer themself as a client using their unique referal code if the affiliate is not an existing NuBlue client. Existing NuBlue clients may add new clients to their own NuBlue Hosting account and receive affiliate commission for this.
If at any point an order has been found to be fraudulent, or if an order has been refunded, cancelled or otherwise reversed, we reserve the right to withhold any commission fees that are due from the referred client.
Commission & payments
Affiliates will be paid by via Paypal every calendar month. We reserve the right to disqualify an Affiliate from the program and to withhold any commissions due to the Affiliate at our own discretion.
Payments are only made once the affiliate account is in excess of £20.
Relationship of parties
Nothing in this Affiliate Agreement will create any partnership, joint venture, franchise or employment relationship of any kind between the parties. You will have no authority to make or accept offers or representations on our behalf. As an Affiliate, you will not make any statements that violate this section of the Agreement, whether in print, spoken word or on your website.
We will not allow or tolerate an Affiliate that uses disallowed content on their website. Disallowed content includes; sexually explicit material, violence,illegal activity, discrimination and violation of copyright. We expressly do not allow any Affiliate that uses SPAM emails, SPYWARE, ADWARE or similar techniques to gain Internet traffic. We reserve the right to monitor our affiliates from time to time so that we can ensure the terms of this Agreement are kept.
Username & password
As an Affiliate, you are responsible for maintaining the confidentiality of your login username and password. You are also responsible for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for any actions that occur under your account or password. You should inform us immediately if you suspect that your password is, or is likely to be used in an unauthorised manner.
Linking to NuBlue
You may link to our website using the link builder accessible from your Affiliate account. The link builder will generate HTML for you to use on your website. You will not modify the link or any graphic that you obtain from our website. You may save a graphic that we supply you for linking purposes, but on doing so you agree that you shall not modify the graphic and you will only use it with the hyperLink generated from our website. You agree not to link to our website or any portion of it in a frame or by using framed techniques without express written consent
Governing law & jurisdiction
This Agreement is to be treated as made in England according to English Law and subject to the exclusive jurisdiction of the English Courts.
We make no representation that the operation and availability of our website and services will be uninterrupted or error-free, and we will not be liable for interruptions or errors. We shall not be held liable for any failure of service that is caused by any circumstance outside of our control. These Terms and Conditions maybe subject to change without notice.