Terms & Conditions

The terms of service for Nublue Ltd

Web Hosting

1. Introduction

  1. These Terms and Conditions constitute our policies regarding use of our Services.
  2. 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.
  3. These Terms take the place of any previous correspondence, understanding, and negotiation or representation of our services.
  4. It is your responsibility to comply with these Terms at any given time.
  5. It is our responsibility to abide by and enforce these Terms at all times.
  6. If there are any inconsistencies or conflicts between these Terms and Specific Terms, the Specific Terms take precedence.

2. Definitions

  1. For clarity, the following words and phrases are defined below.
  2. Terms - the Terms and Conditions.
  3. Specific - Specific Terms that apply to particular Services.
  4. Us, Our, We - Nublue Limited. Registered office - Nublue Limited, West Park House, 7-9 Wilkinson Avenue, Blackpool, Lancashire, FY3 9XG. Company Number - 05523340.
  5. You, Your - The customer.
  6. Both Parties - Nublue Limited, and You, the customer.
  7. Server - any server that we allow you access to or any server on which we allocate you resources.
  8. Services - the services that we provide to you under these Terms.
  9. Software - any software used on our Services.
  10. Articles - every numbered section of these Terms are an Article.
  11. Subsection - specific, individually bulleted points within Articles.

3. Compliance with Law

  1. These Terms are governed by English law.

4. Agreement and Responsibility

  1. We may vary these Terms at any point. You may not vary these Terms at any point.
  2. 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.
  3. You agree that you shall comply with UK law.
  4. You agree that you will comply with our reasonable guidelines, directions and instructions regarding the use of our Services.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. You agree that the uptime and functionality of your website is your responsibility, and that any claims against our SLA that are determined to be caused by factors beyond the services we provide you with are not cause for a claim via the SLA.
  10. You agree that you will not claim against our SLA if we are performing maintenance on your service, or if downtime occurs as a result of work we have performed on your service at your request.
  11. You agree that it is your responsibility to ensure that you have a current backup of your service at all times.
  12. 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.

5. Service Entitlement

  1. 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, and that you are authorised to use them.

6. Intellectual Property Rights

  1. 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.

7. Indemnities

  1. 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:
  2. Your breach of this Agreement.
  3. Your negligence or other act or omission.
  4. 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.
  5. The operation or break down of any equipment or software owned or used by you.
  6. Your use or misuse of our Services and/or the Server.
  7. You agreements with other parties.

8. Liability

  1. 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:
  2. Financial loss of any kind, including but not limited to loss of profits, earnings, business, goodwill, reputation, business interruption, clients or sales.
  3. Loss, corruption or amendment of any data or content stored on our Servers.

9. Disputes

  1. Both parties agree that disputes regarding these Terms shall be dealt with in the following manner.
  2. 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 support @ nublue.co.uk.
  3. If the dispute is not resolved then it will be escalated to our Directors.
  4. 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.
  5. If the dispute is still not resolved, then both parties agree that the English courts can settle the dispute.
  6. 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

  1. 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 to 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.
  2. 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.
  3. Unless we specifically inform you otherwise, any attempt to contact you will be via email to the primary contact email address on your account. Any request for contact from you will be from the primary contact email address on your account.
  4. You agree that Nublue Ltd is entitled to modify your website files (with or without notification) to help maintain the performance or your web hosting and to protect our network, website (https://www.nublue.co.uk) and company from potentially negative financial implications.
  5. You agree that any successful claim against our SLA will result in an appropriate credit (determined by us) against any affected hosting products. This will be provided as an equivalent (where appropriate) monthly credit, of a given value not including VAT. This only relates to Shared, VPS or Dedicated hosting products and their add-ons.

11. Billing Specific

  1. 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.
  2. All prices on our website and in all correspondence, unless specifically stated otherwise, are given without VAT.
  3. You agree that unless you are able to provide proof of your exemption from the requirement to pay tax and/or supply a valid EU VAT number, you will be charged VAT at the current UK rate. It is the customer's responsibility to supply the above information at the time of service purchase or when they become exempt from paying VAT. No VAT already paid for hosting services will be refunded following any proof of exemption from VAT or an EU VAT number that has been supplied after the invoice payment date.
  4. We may change the prices we charge 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.
  5. 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.
  6. Unless specifically stated elsewhere, all services will be purchased on monthly (30 day), quarterly (90 day), annual (365 day) or biannual (730 day) contractual cycle. A contractual cycle comprises the time point between the initial payment and sign up date to our services (as denoted above) and the date whereby another invoice will be due for payment to continue using the Service.
  7. 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.
  8. 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.
  9. No cash refunds or credits will be offered for amendments to quarterly, annual and biannual paid billing cycles. Any requests to change your contractual billing cycle should be sent to us in writing from the primary account holder in advance of your next contractual/billing renewal. 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.
  10. All Services are billed on a pre-pay contractual cycle. You agree that you will therefore be charged automatically at the end of every contractual cycle for the next cycle which will automatically renew for the same term; unless confirmation of service cancellation or amendment has been received by us prior to automatic renewal, as per the Terms in subsections of articles 11 and 13.
  11. We may use your name, email, phone number and IP address to perform fraud checks with FraudRecord (https://www.fraudrecord.com/) to view your previous history with other hosting companies. All orders are subject to a fraud check using Maxmind Inc minFraud (https://www.maxmind.com/). Orders are assessed based on IP address reputation, email address risk rating, the device the order was placed on, and whether an anonymising proxy has been used for signup. We reserve the right to refuse service based on the above information.
  12. Where we find that your billing is in error, we will correct it back to the original date where the error occurred – regardless of whether this will involve an increased charge or a credit to your account. You agree that you will abide by these amendments.

12. Overdue Payments Specific

  1. If an invoice is overdue, a warning of suspension notice will be sent to you via email on the 1st and 7th day after the due date. This email will be sent to the Primary Account Email Address on your Billing Account.
  2. If an invoice remains unpaid for 14 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 any outstanding invoices. Clients are advised to contact us immediately following payment to ensure the prompt reactivation of their service.
  3. If, after a further 30 days, the amount is still outstanding, we will consider that you have breached our Terms. We will consider that you have served the initial 30 day cancellation period, as per 13.8 below, and remove your data from any relevant platforms as per our cancellation terms. If you require your service to resume after this period, you are bound by 13.10, below. We will not be liable for any loss, recovery and reinstallation of stored data and services.
  4. 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.
  5. 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.
  6. 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

  1. To cancel all or part of your Service, we require written confirmation via 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 and auto renew until we receive an official request from you in this manner.
  2. All Web Hosting service cancellation requests will be actioned from the date of receipt of written confirmation of cancellation, with that service terminating/cancelling at the end of your current contractual billing cycle (monthly, quarterly, annual or biannual).
  3. 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.
  4. Please note no cash refund or credit of paid invoices will be given for hosting service/s cancellation as the service will terminate at the end of your current contractual billing cycle, with the service provided to you by us until this date.
  5. Cancellation requests should only be made when you are ready to terminate your account as all data and services will terminate at the end of your contractual cycle, as per clauses 8, 9 and 10 below. Nublue accepts no liability for the recovery, security and/or reinstallation of this data following termination of services.
  6. All outstanding invoices on the account must be paid before a cancellation request is actioned. Failure to pay these invoices before 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.
  7. If your service is suspended or cancelled, we will retain your data on the server (or another server on the same platform) for 30 days after the suspension or cancellation date, whichever is appropriate. After this initial 30 day period, the data will be removed.
  8. If the data has not been removed and you need your service restored, you will have to pay any outstanding invoices on the account before we will reactivate your service.
  9. We operate our own disaster recovery policies that mean we may have a copy of your data within our own data backup systems for up to 60 days after the data has been removed (for a total of 90 days from the date of the original suspension or cancellation). We do not guarantee that your data will be retained and we do not guarantee that we may be able to restore this data should it be required. If we are able to restore the data it will be charged at an hourly rate for the period of time it takes to restore the service, at £65 + VAT per hour. This is in addition to any invoices that you will need to pay to reactivate your service, as per clause 9 above.
  10. If you have an account that has previously been suspended for non-payment, we may levy a charge to re-open this account, or to open a separate account to the one that was previously cancelled. This is in addition to any possible data restoration charges, as per clause 13.10 above.

14. Service Upgrade Specific

  1. Any Upgrade request for your services must be submitted to us in writing via an email from the Primary Account Contact.
  2. 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.
  3. Any overdue invoices for hosting services must be paid before an upgrade request will be actioned. Failure to pay these invoices will result in a delay to your upgrade and possible disruption to service.
  4. An invoice will be generated on the day of your upgrade and the billing will be calculated on a pro-rata basis from that day. Your contractual billing cycle will remain the same.
  5. Payment for your upgraded services is required immediately following the upgrade. We reserve the right to reverse or refuse an upgrade if payment for the upgrade is not processed.

15. Service Downgrade Specific

  1. Any Downgrade request for your Services must be submitted to us in writing via an email from the Primary Account Contact.
  2. 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.
  3. All downgrade requests required 30 day notice terms. All downgrade requests will therefore be actioned 30 days from the date of written confirmation of the downgrade.
  4. Any overdue invoices for hosting services must be paid before a downgrade request will be actioned. Failure to pay these invoices will result in a delay to your downgrade and possible disruption to service.
  5. A downgrade credit will be generated on the day of your downgrade and the billing will be calculated on a pro-rata basis from that day. Your contractual billing cycle will remain the same.
  6. 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.
  7. We will not offer a cash refund for any downgrade of monthly, quarterly and/or annual paid hosting services, and you will not expect a cash refund, for any downgraded Services or parts thereof, regardless of the downgrade date; rather a credit will be applied to your hosting account for future use.

16. Domain Specific

  1. The registration, renewal and use of your domain name are subject to the Terms of use applied by the relevant naming authority (such as ICANN for .com domain names, and Nominet for .uk domain names). You should ensure that you are aware of and in compliance with those terms. For .uk domains, you are specifically agreeing with Nominet’s terms; see http://www.nominet.org.uk/go/terms. You accept that we use eNom, Nominet and EuroDNS to register, renew and administer domain names, and that you agree to their Terms of use.
  2. 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.
  3. For the avoidance of all doubt it shall remain Your sole responsibility to check if the Domain has been successfully registered by contacting the appropriate authority.
  4. 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.
  5. 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.
  6. 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.
  7. 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. Should you 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.
  8. Your domain name will be renewed upon payment of your renewal invoice. If no payment is received the domain will expire. It is the customer’s responsibility to make sure payment is received for their domain renewal and the domain does not expire. Domains are invoiced 60 days prior to due date. 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, and you have automated billing on your account then payment will be taken for the domain renewal. This is a non refundable charge. You accept that failure to pay your renewal invoice for your domain name will mean your domain may be lost and accept full liability in the event of failure to pay before the renewal date.
  9. In your client billing area there is an option to disable 'auto-renew' for any of your domain names. By disabling auto-renew for a domain in your client area you are stating that you wish your domain to be left to expire without any further renewals.
  10. 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.
  11. 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.
  12. 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.
  13. You accept that the minimum renewal period for a .uk domain is 2 years.
  14. Nublue Ltd accepts no liability for the loss of registration of any Domain that has failed to be renewed due to an invalid email address or other details provided to us, late payments received or technical faults which are beyond our control.
  15. In the event that a Domain name registered forms part of a hosting package and the package is cancelled, it is Your sole responsibility to ensure that the domain renewal is not cancelled should you wish to keep the domain.
  16. Where a gtld domain name is determined as 'Premium' by our registrar we will contact you before registering the domain with a revised price for your approval before registering the domain name. If you do not wish to proceed we will provide a full refund.
  17. We query third party 'whois servers' to check domain name availability. We are not under any circumstances liable or responsible for the accuracy of the results returned to us with regard to the availability of a domain name.
  18. You accept that all information supplied for domain registrations must be accurate, and should any of these details change you will contact us to have the details updated accordingly. We will from time to time be required to confirm, or ask you to confirm, that these details are correct. Failure to do so, or provision of inaccurate and/or false information, may lead to suspension or cancellation of any relevant domains until the issues have been resolved.
  19. If you are registering a domain on behalf of another party, please note that our relationship is with you as our client, not with the party you are registering the domain for. Therefore we will hold you responsible for the accuracy and usage of the domain, and for all terms relating to the domain name.
  20. For .uk domains, we need to verify that the registrant data for new registrations, and/or domains transferring to our IPS TAG, is correct. The general aims and standards we will apply correspond to Nominet’s own standards which can be found here. If we cannot verify your registrant data, we reserve the right to refuse to register or accept the transfer of the domain. We will attempt to contact you to resolve the issues with the data. If we can resolve the issues then the registration or transfer of the domain will be accepted.
  21. If Nominet contact us to request that we obtain further verification for a domain that we already administer on your behalf, and we are unable to validate this data with you within 30 days of our receipt of this notification, we reserve the right to lock that domain until it has been validated.
  22. A .uk domain that is locked will be unusable until such point as the reason for the lock has been resolved, or the domain expires and is deleted.

17. Domain Transfer Specific

  1. In transferring a .uk domain name, if the domain is transferred onto the ENOM IPS TAG rather than the NUBLUE IPS TAG, additional terms apply. 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. This does not apply to domains using the NUBLUE IPS TAG.
  2. In transferring any other domain names (where the tld is not a .uk), 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.
  3. 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, except .uk domains transferred to the NUBLUE IPS TAG, as above.
  4. 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, or was registered as part of our Free .uk domain offer and adheres to all the terms of that offer, under section 30, Free .uk Domain Specific.

18. Domain Renewal Specific

  1. .de domains go into redemption if they are not renewed 5 days before the expiry date of the domain. As a result, we auto-renew .de domains 30 days before expiry date to prevent your domain being deleted by the registrar or going into redemption (which results in a $250 redemption registrar fee to you to then re-activate the domain, on top of the normal renewal fee).

    You agree that if you own a .de domain name with us, and you do not wish to renew this domain, that you will inform us of this more than 30 days before the expiry date of the domain. If you fail to notify us of domain cancellation before this date, you accept liability for the renewal invoice for the domain. We will of course in these cases ensure the domain does not renew following the end of this period.
  2. .eu domains are deleted by the EU registry if they are not renewed 3 days before the expiry date of the domain. As a result, we auto-renew .eu domains 30 days before the expiry date to prevent your domain being deleted by the registrar (which results in substantial fees to you to then re-activate the domain, in addition to the renewal fee).

    You agree that if you own a .eu domain name with us, and you do not wish to renew this domain, that you will inform us of this more than 30 days before the expiry date of the domain. If you fail to notify us of domain cancellation before this date, you accept liability for the renewal invoice for the domain. We will of course in these cases ensure the domain does not renew following the end of this period.

19. SSL Specific

  1. You agree that once an SSL Certificate has been renewed, the invoice for the SSL is due for immediate 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.
  2. 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.
  3. No Refunds will be given for unused or cancelled SSLs within their contractual billing period.
  4. 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.
  5. 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.
  6. You agree that it is your responsibility to provide any documentation and proofs required by the SSL Certificate provider to complete your SSL order, and to ensure that the documentation and proofs are correct, valid, and meet the standards requested by the SSL Certificate provider.

20. Shared Hosting Specific

  1. Every domain has a soft bandwidth limit of 15GB per month. This includes incoming and outgoing bandwidth usage. You agree that in using our Shared Hosting, you will abide by this limit. This does not apply to our Premium Shared Hosting packages.
  2. 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.
  3. 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.
  4. 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.
  5. 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 (but not limited to) 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.
  6. 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, block using a 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 services, deployment of banned scripts, flooding the mail server with excessive numbers of emails, causing the mail server to be blacklisted, uploading banned or compromised content, and scheduling of tasks during busy periods.
  7. Remote MySQL and SSH access is not permitted on Shared Hosting, and you agree that you will not make any attempts to access the Shared Hosting service in this manner.
  8. 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.
  9. We operate a policy of removing backups made via the Plesk Control Panel from the server when they are 6 months old (or more). We will email you a week prior to this removal to let you know that we will be removing the backup and to give you the opportunity to download a copy of the backup locally. Once we have removed this backup, there will be no data available to recover it. It is your responsibility to hold copies of this data if you require it.

21. VPS Specific

  1. 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.
  2. 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.
  3. 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.
  4. 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

All clients, as users of our Managed Service, have their hosting services monitored 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.

  1. 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.
  2. You accept that, should you be on a Management level that provides you with 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 you will not pass this number on to anyone who would use the number for matters relating to an unmanaged service. Use of this number that contravenes any of these statements will be subject to a minimum £75 penalty charge for improper use. We reserve the right to refuse to handle a support request made through this channel if we do not deem it an emergency. It is at our sole discretion if your request is an emergency or not.
  3. As a Managed Service client, you may be entitled to "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 your Management service level limit.
  4. 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.
  5. 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.
  6. 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.
  7. As a Managed Client you agree to an out of hours ‘fair usage’ service. Should your service incur or require more than what we consider fair investments of time outside of our standard office hours, we may view this in part to determine if the level of management you are using is suitable for you, and/or if any amendments or changes are required or will occur, as per sections 21.3 and 21.5 of these terms. It is at our sole discretion to determine what time has been used for your account. Standard Management clients do not have an out of hours (OOH) entitlement as part of their services. Advanced Management clients are allowed 30 minutes of OOH time per month. Premium Management clients are allowed 60 minutes of OOH time per month. Enterprise clients are allowed up to 6 hours of OOH time per month.

23. Dedicated Server Specific

  1. 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.
  2. 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

  1. 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.
  2. 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.
  3. We will not perform this Service until you have paid for the invoice for the quoted amount, in full.
  4. We reserve the right to refuse to undertake Professional Services at any point.
  5. 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.
  6. 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.
  7. 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.
  8. 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 Specific

  1. Particular types of content and usage are explicitly banned from any utilisation or interaction with our Services. We reserve the right to remove, suspend or cancel all or part of your Services if we discover that you are in breach of these Specific Terms.
  2. 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.
      • Use of Magmi’s Importer, without taking steps to ensure that you are the only party able to access this system.
      • Content that links, redirects to or displays any of the items listed above.

26. 30 day Money Back Guarantee Specific

  1. As of 14.09.15 we are no longer offering the 30-day money back guarantee. We will honour any orders placed prior to this date as per the following terms. Any orders placed on or after 14.09.15 will not qualify for this guarantee.
  2. Once the contract has been started you may only cancel the contract in relation to the Hosting Service you have purchased. In such cases, you may cancel at any time within 30 days, beginning on the day you received the order confirmation. If you do so, you will receive a full refund of the price paid for the hosting service you have cancelled. We will refund the price you have paid to the credit card, debit card or other account you used to make that payment. No other refund will be made. Refunds are limited to one per customer.
  3. To cancel a hosting contract and receive the 30 day money back guarantee you must inform us in writing through our support ticket system before the end of the 30 day period. The 30 day period is calculated as 30 days from your signup date. As part of our cancellation process, we will respond to you via email to confirm your cancellation request and the refund.
  4. You will not have any right to claim money back after cancellation of the contract for the supply of any other Services other than Shared Hosting, Premium Shared Hosting and VPS Hosting. The Services which are not eligible for our 30 day money back guarantee are:

      • Managed Dedicated Servers
      • Domain Registration and Renewal Services
      • SSL certificates
      • NuCDN
      • Add-on products linked to your hosting account
      • Installation or service/migration fees

27. Application Installations Specific

  1. We will install any compatible web application free of charge for customers that request it. Applications will only be installed if the application meets our hosting specification. All applications will be installed using official application installation guidelines. We reserve the right to charge for application installations and application installations which require a change to our hosting configuration.
  2. Applications are installed at our discretion and we reserve the right to refuse installation for applications that don’t meet our system requirements, are deemed unsafe/vulnerable or could be used to solicit illegal activity.
  3. Applications installations will be completed in line with installation guidelines, and considered finished upon completion of a 'barebones' working installation. Nublue will not be held accountable for any application problems faced after data has been added or customisations have been made.

28. Free Webspace Migrations Specific

  1. We will migrate existing websites from external hosting providers onto Nublue hosting infrastructure free of charge for any Nublue client. We reserve the right to refuse free website migration for any website in which the migration process will take longer than 3 working hours.
  2. We will not be held responsible for any downtime incurred during migrations, any lost revenue resulting from the migration or any website problems encountered following a successful migration.
  3. We will request access to external hosting accounts to audit and evaluate the migration before confirming that the migration will be free of charge. If we wish to charge a fee for the migration, we will confirm this as part of the audit process, and notify you of the fee, as well as our reasons for the fee. If you accept this fee we will continue the migration as normal.

29. Customer Service Availability

  1. Our office hours are displayed on the support page on our website, www.nublue.co.uk/hosting-support. Within those hours we will aim to respond to all email queries within 1 hour of receipt of your email, and to receive all calls and live chats as soon as they arrive. We will endeavour to contact any callers that we miss or chats that have been lost.

30. Abuse and Complaints Procedure

  1. Nublue takes customer service very seriously, and we have a complaints procedure built within our ISO 9001 accreditation. Accordingly we would like to hear from you if you have a complaint.
  2. Any complaints should be emailed to support @ nublue.co.uk or submitted through our contact form – www.nublue.co.uk/contact. We do request that any complaints should be made formally in this manner, so that we can track them during our resolution process. Any complaints made through another medium (via letter, telephone, live chat, or in person) will require an email to confirm the details of the complaint so that we can process this further. You agree therefore that we may email you with a summary of the complaint as we understand it if you cannot or will not email the complaint to us.
  3. We will investigate complaints fully at our end, and will contact you at stages to discuss the complaint. We will reach our own decision regarding the resolution of this complaint, and inform you of this via email. This decision will only be made within the remit of the terms and conditions of your services, and will not amend or supercede any of these terms, or entitle you to any rights beyond these terms.
  4. If you are unhappy with the resolution, you should inform us (again, via email) that you are unhappy, and your reasons for this. We will escalate this matter internally, and contact you with a final decision. Once it has been escalated we will not pursue the matter further and any decision made by Nublue at this point is final.
  5. If you are aware of any abuse within part of the Nublue network – including but not limited to 'phishing' sites, compromised sites, banned content, content to which rights have not been obtained to display, unsolicited emails, false registrant information for domains – please contact us via an email to support @ nublue.co.uk or submitted through our contact form at www.nublue.co.uk/contact
  6. Please note that this is not the same as our dispute process, which is covered under section 9, Disputes, earlier in these terms.

31. Free .uk Domain Specific

  1. The free .uk domain offer only applies to new clients ordering a Shared hosting package. It does not apply to existing clients or to new clients ordering any other products.
  2. Only one free domain is available as part of this offer. Alternative TLDs do not qualify for this offer.
  3. The domain needs to be registered as part of the initial order. It will not be possible to receive your free .uk domain at a later date if you do not order it when you initially set up the account.
  4. This offer does not contravene existing regulations regarding your right to register a .uk domain when the .co.uk equivalent has already been registered.
  5. The domain will remain free for the duration of your account, as long as there is an active hosting package on your account. This can be either Shared, VPS, or Dedicated hosting, and does not need to be the original hosting package that qualified you for the free domain. If you have no active hosting on your account, and you have not requested that we cancel this domain, we will renew it for you as normal, as per our standard terms, at the usual pricing for that domain.

32. Bundle Specific

  1. As a Magento, Moodle or Wordpress bundle client you are bound by our hosting terms of service, including the T&Cs additions below.
  2. It is not possible to change or substitute individual elements within a bundle (i.e. hosting package, SSL type, CDN), and/or upgrade/downgrade a bundle. If you require to upgrade/downgrade/change any of your web hosting bundle products, the bundle itself will be cancelled within your billing account, elements re-provisioned where required, and required hosting products processed as a new order. Please note that although this is a billing amendment, this may incur some hosting downtime if migration to a new hosting product is required.
  3. .co.uk domains may not be substituted for .com domains in bundles.
  4. SSL certificates within bundles are registered for a minimum of 12 months. By purchasing a bundle you commit to payment of the certificate for the entirety of that period. If you cancel your bundle before 12 monthly payments have occurred, an invoice will be generated for the remaining annual cost of the SSL.

33. Compromises and UCE

  1. We have some additional directives regarding UCE, emails, and opportunities for external users to abuse your own mail systems, as follows:
      • You agree that you will not cause any IP addresses that we own, and/or provide as part of your hosting, to be added to any spam mail blacklists. If you do cause this to happen, you will take the appropriate actions required to delist the IPs.
      • You agree that if there are any spam complaints against you, you will action them promptly, for instance by unsubscribing the reported account from your mailing lists.
      • You agree that all emails you send are solicited; the recipients have opted into receiving your emails, and all mail recipients should be able to opt out very simply using a provided unsubscribe link.
      • You agree that you will implement CAPTCHA security on any forms on your website, that are to be used for submitting emails. You agree that any forms that we discover that do not have CAPTCHAs, or forms that are being abused that do not have CAPTCHAs, can and will be disabled by us until the CAPTCHA has been implemented. This may impact other services for your site, and may involve suspension.
  1. We do not accept responsibility for the security, content, or maintenance of your website.
  2. If you host content that is repeatedly compromised, or repeatedly reported for sending spam, then we reserve the right to suspend, alter or otherwise limit your services to protect our network. Continued issues may result in cancellation of your account.
  3. If your services are targeted by any form of online attack – such as a DDoS or Syn Flood attack – we will prioritise protection of our network over the running of your services.
 

Affiliate Scheme Terms

  • Our affiliate terms and conditions are present on this page: http://www.nublue.co.uk/affiliate-scheme/signup.php

  • Digital Agency

    Nublue Agency Retainers - Service Agreement

    GENERAL

    1. This Agreement is between Nublue Ltd of Unit 4, Waterview, White Cross, Lancaster, LA1 4XS and any client who purchases an agency services retainer from Nublue (hereinafter referred to as “The Client”).
    2. Nublue Ltd is (hereinafter referred to as "Nublue"), is a provider of internet related services. This Agreement sets out the terms under which Nublue will provide Services to the client.
    3. All items within these terms are absolute and are non-negotiable.
    4. This Agreement forms a legally binding Contract between the Client and Nublue. All written / oral statements and representations are superseded by this service agreement, unless inclusions or exclusions of terms contained herein are specifically varied by Nublue in writing.
    5. Time and Materials refers to a billing model whereby the Client pays for all time used on their account, outside of that covered by the retainer base fee. Any expenses incurred (materials, licenses, extensions, travel, expenses, etc) will also be billed directly to the client.
    6. Nublue reserves the right to amend the Terms & Conditions within this Agreement, with amendments taking effect from the start of the next contractual cycle.

    ENTITLEMENTS OF RETAINER CLIENTS

      The base retainer fee entitles the client to:
    1. A dedicated Account Manager, for whom you’ll be given a direct email address and phone number and they can be contacted at any time during office hours.
    2. Project/Account Management and consultancy; we offer advice, guidance and access to our technical expertise.
    3. Priority 1 Support (see definitions below) and resolution via the path of least resistance.
    4. Teamwork Project Management system access for named contacts.
    5. A Development Site on our dedicated Nublue development server.
    6. In addition, the client is entitled to have work completed by Nublue and agrees to pay time and materials for all work.
    7. Consultancy services included within the base retainer fee, only include advice able to be given by Nublue’s non-production staff (i.e. Account Managers, Departmental Managers, and Ecommerce strategists). No time with or from developers or designers is available via this service.
    8. Account Managers are the key point of contact for the Client. Account Manager may not be their job title, but it will be the role that they fulfil under this Agreement. Account Managers may manage multiple clients and will not be exclusively available to the client.
    9. Nublue’s determination of whether an issue is Priority One, Two or Scheduled Work is absolute and final.
    10. Development sites will be renewed once every 3 months at the most, and only when deemed necessary for the integrity of work. The final decision on this rests with Nublue and is non-negotiable. Additional or replacement development sites may be requested by the Client at any time, but if they fall outside of the above, the will be charged based on time and materials.
    11. All work which is not Priority 1 will be charged on a time and materials basis, including time spent on Project Management. This includes P2 work, scheduled work and responses/solutions to P1 issues which do not follow the path of least resistance.

    PRIORITY RATINGS AND DEFINITIONS

    1. Priority 1 (P1) – Critical System Issues: Anything which prevents the application from fulfilling its core function.
      • For example:
      • When the entire website is down or there are code based ‘fatal errors’.
      • In cases where the site’s checkout is non-functional or payment gateway is inoperable.
    2. Priority 2 (P2) – Issues which have a workaround but the Customer’s Experience of the core functionality is affected and could result in loss of revenue/transactions.
      • For example:
      • Problems with search functionality.
      • Contact forms not working.
      • Specific content (such as landing pages) not being displayed.
    3. Scheduled Work (SW) – Proactive development and system or design enhancements which is not a response to a system issue or problem.
    4. Nublue’s determination of Priority rating is absolute and final.

    SERVICE LEVELS

    1. Priority 1
      • Priority 1 issues must be logged by phone to ensure the issue is picked up as soon as possible. P1 issues will be acknowledged and diagnosed immediately.
      • We endeavour to complete work on a P1 issue within one working hour of it being reported and within a maximum of two working hours. Except in cases where the amount of work required to resolve the issue exceeds two hours – in this instance, a timescale for the specific work will be agreed with the client. Please note that any fix under this SLA will always take the path of least resistance. Preferential fixes are not classed as P1.
    2. Priority 2
      • P2 issues will be acknowledged and diagnosed within one working day.
      • We endeavour to complete work on a P2 issue within two working days of it being reported and within a maximum of three working days. Except in cases where the amount of work required to resolve the issue exceeds ten hours – in this instance, a timescale for the specific work will be agreed with the client.
    3. Scheduled Work
      • Timescales for scheduled work will be agreed individually with the client and is specific to the work requested.

    TIME TRACKING & REPORTING

    1. For all time invoiced using Time & Materials, a report will be provided from our in house time tracking system showing where time has been spent. Time will be tracked according to the prevalent internal procedure.
    2. This report is available from the Client’s Account Handler upon receipt of a written request from a named account contact. The report will not be sent without being requested.

    BILLING AND PAYMENT TERMS

    1. All prices on our website and in all correspondence, unless specifically stated otherwise, are given excluding VAT.
    2. We may change the prices we charge 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.
    3. All Time & Materials costs will be billed at Nublue’s prevalent rate, depending on service. Any change in rates will be communicated to the Client, but a change in rates does not constitute a change to these Terms.
    4. 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.
    5. Unless agreed otherwise in writing, all services will be purchased on monthly (30 day), quarterly (90 day) or annual (365 day) contractual cycle. A contractual cycle comprises the time point between the initial payment and sign up date to our services (as denoted above) and the date whereby another invoice will be due for payment to continue using the Service.
    6. Retainer base fees will be invoiced and paid based on the above principles.
    7. Unless agreed otherwise in writing, all retainer base fees must be paid via a Credit or Debit card, which is held on file by Nublue and will be taken by automatically recurring payment.
    8. Unless agreed otherwise in writing Time and Materials invoices for work completed will be sent on a calendar monthly basis (from the first to the last day of the month) and will be invoiced on the 15th of the Month, with 30 day payment terms.
    9. Unless agreed otherwise in writing, all Time & Materials invoices will be paid by BACS within the 30 day payment terms specified on the relevant invoices.
    10. Where any payment over the value of £1,500 is requested to be paid by Credit or Debit Card, Nublue reserve the right to charge an administration fee on top of the invoice cost.
    11. 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.
    12. 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.
    13. No cash refunds or credits will be offered for amendments to quarterly or annual paid billing cycles. Any requests to change your contractual billing cycle should be sent to us in writing from the primary account holder in advance of your next contractual/billing renewal. 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.
    14. All Services are billed on a pre-pay contractual cycle. You agree that you will therefore be charged automatically at the end of every contractual cycle for the next cycle which will automatically renew for the same term; unless confirmation of service cancellation or amendment has been received by us prior to automatic renewal, as per the Terms in subsections of articles 11 and 13.
    15. Where we find that your billing is in error, we will correct it back to the original date where the error occurred – regardless of whether this will involve an increased charge or a credit to your account. You agree that you will abide by these amendments.

    TERMINATION & CANCELLATION

    1. This Agreement may be terminated by Nublue with immediate effect, subject to reasonable justification. Any outstanding balance will be calculated and rectified based on termination date.
    2. This Agreement may be terminated by the Client at the end of the current billing cycle, with no advance notice required.
    3. Any breach of this Agreement by either party renders the Agreement liable to immediate cancellation by the other party. Following a breach, cancellation can be requested by either party in writing, outlining the reasons for cancellation and specifying the details of the breach of Agreement.
    4. To cancel all or part of your Service, we require written confirmation via 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 and auto renew until we receive an official request from you in this manner.
    5. All service cancellation requests will be actioned from the date of receipt of written confirmation of cancellation, with that service terminating/cancelling at the end of your current contractual billing cycle (monthly, quarterly or annual).
    6. 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.
    7. Please note no cash refund or credit of paid invoices will be given for service cancellation as the service will terminate at the end of your current contractual billing cycle, with the service provided to you by us until this date.
    8. Cancellation requests should only be made when you are ready to terminate your account as all services will terminate at the end of your contractual cycle.
    9. All outstanding invoices on the account must be paid before a cancellation request is actioned. Failure to pay these invoices before 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.

    AUTHORISATION OF DOMAINS AND PERSONNEL

    1. Upon purchase of a retainer, the client will be required to specify in writing to their Account Manager:
      • Domains on which work may be undertaken under the retainer
      • Personnel who are authorised to make work requests under the retainer
    2. Any variation during the contract to the initial information submitted as above, must be received in writing from the Primary Account Holder.

    LIABILITY

    1. Nublue accept no liability for any loss of earnings or trade due to work undertaken as part of this contract.

    CONFIDENTIALITY & EXCLUSIVITY

    1. No confidentiality clause is contained within this agreement. If either party requires a confidentiality clause, a separate agreement must be undertaken.
    2. The Client guarantees that they will inform Nublue in writing of any other person(s), designer(s), developer(s) or agencies undertaking work on any sites, domains or hosting infrastructures related to this Agreement.

    COPYRIGHT & INTELLECTUAL PROPERTY

    1. The Client guarantees that any elements of text, graphics, photos, video, designs, trademarks or other art work provided to Nublue Limited for inclusion in the project are owned by the Client, or that the Client has permission by the rightful owner to use each of these elements.
    2. Copyright of all work undertaken by Nublue is owned by Nublue until full payment is received. At this point the rights to the design, graphics and content of the website transfer to the Client, unless previously owned by any third party (e.g. Stock Imagery). Upon full payment, the Client is also granted an unrestricted license for use of the code on the site, although Nublue retain overall copyright and intellectual property rights to custom code.
    3. Nublue reserve the right to license any code or functionality created under this agreement to any other party, and in this case will hold no financial, commercial or legal debt to the Client.

    MARKETING AND PUBLIC RELATIONS

    1. Nublue may wish to announce in the media or on their website or Social Media channels that an agreement is in place between Nublue and the Client. The Client is entitled to refuse this permission, but must inform Nublue in writing if they wish to do so.
    2. Nublue accept no liability for any announcements made if this request is not made in writing to the Client’s Account Manager.

    Service Agreement – Design & Build Projects

    All items within this Service Agreement are absolute and are non-negotiable.

    General

    1. Nublue Ltd (hereinafter referred to as "Nublue"), is a provider of internet related services. This Agreement sets out the terms under which Nublue will provide Services to the Client. Agreement to any estimate or proposal provided by Nublue acknowledges acceptance of the terms laid out on this page.
    2. This Service Agreement forms a legally binding contract between the above named client (hereinafter referred to as "the Client") and Nublue. All written / oral statements and representations are superseded by this service agreement, unless inclusions or exclusions of terms contained herein are specifically varied by the "Seller" in writing.
    3. Nublue agrees to provide the services as stated in the provided Project Proposal for the price estimated.
    4. If the scope of the project changes, the total value estimated is subject to change.
    5. By accepting this proposal, the Client agrees to the content of this proposal and all documents referenced within it.
    6. Nublue reserves the right to amend the Terms & Conditions within this Service Agreement, subject to 7 days' notice being provided to the Client.

    Payment

    1. Upon acceptance of this Proposal, the Client agrees to pay a 40% deposit at the outset of the project.
    2. Following this 40% deposit, 30% will be due at design sign-off (detailed in the schedule provided at specification stage) and the final 30% will be due upon completion of the project. These later payments will be requested by Nublue by invoice when they become due.
    3. All payments will be due within 30 days of invoice, unless otherwise agreed in writing with Nublue.
    4. If project delays caused by the client cause the project schedule to be impacted upon and delays to be incurred, Nublue reserves the right to request part or full payment prior to the agreed timeframes. Invocation of this clause is entirely at the discretion of Nublue.
    5. Should the Client make any changes to the requested work, as stated within this Proposal and any subsequent documentation, Nublue reserves the right to amend the estimate to reflect this, in accordance with the Nublue Rate Card. The Client will be notified and asked for approval whenever additional costs are likely to be incurred.
    6. In circumstances of non-payment, where due invoices have not been paid within the agreed timeframe, Nublue reserves the right to cease work and/or suspend any websites hosted by Nublue on which work has been undertaken. If payment is still not received, legal action will be undertaken.

    Intellectual Property

    1. The Client guarantees that any elements of text, graphics, photos, video, designs, trademarks or other art work provided to Nublue Limited for inclusion in the project are owned by the Client, or that the Client has permission by the rightful owner to use each of these elements.
    2. Copyright of all websites produced by Nublue Limited is owned by Nublue Limited until final payment is received, upon which all rights owned by Nublue Limited as to the design, graphics, coding and content in the website transfer to the Client.

    Service Agreement – Amends to Existing Sites

    All items within this Service Agreement are absolute and are non-negotiable.

    General

    1. Nublue Ltd (hereinafter referred to as "Nublue"), is a provider of internet related services. This Agreement sets out the terms under which Nublue will provide Services to the Client. Agreement to any estimate or proposal provided by Nublue acknowledges acceptance of the terms laid out on this page.
    2. This Service Agreement forms a legally binding contract between the above named client (hereinafter referred to as "the Client") and Nublue. All written / oral statements and representations are superseded by this service agreement, unless inclusions or exclusions of terms contained herein are specifically varied by the "Seller" in writing.
    3. Nublue agrees to provide the services as stated in the provided Project Proposal for the price estimated.
    4. If the scope of the project changes, the total value estimated above is subject to change.
    5. By accepting this proposal, The Client agrees to the content of this proposal and all documents referenced within it.
    6. Nublue reserves the right to amend the Terms & Conditions within this Service Agreement, subject to 7 days' notice being provided to the Client.

    Payment

    1. Upon acceptance of this Proposal, the Client agrees that Nublue may dispatch an invoice on the next invoicing run for the full value of the project.
    2. All payments will be due within 30 days of invoice, unless otherwise agreed in writing with Nublue.
    3. If project delays caused by the client cause the project schedule to be impacted upon and delays to be incurred, Nublue reserves the right to request part or full payment prior to the agreed timeframes. Invocation of this clause is entirely at the discretion of Nublue.
    4. Should the Client make any changes to the requested work, as stated within this Proposal, Nublue reserves the right to amend the estimate to reflect this, in accordance with the Nublue Rate Card. The Client will be notified and asked for approval whenever additional costs are likely to be incurred.
    5. In circumstances of non-payment, where due invoices have not been paid within the agreed timeframe, Nublue reserves the right to cease work and/or suspend any websites hosted by Nublue on which work has been undertaken. If payment is still not received, legal action will be undertaken.
    6. Intellectual Property

        • The Client guarantees that any elements of text, graphics, photos, video, designs, trademarks or other art work provided to Nublue Limited for inclusion in the project are owned by the Client, or that the Client has permission by the rightful owner to use each of these elements.
        • Copyright of all websites produced by Nublue Limited is owned by Nublue Limited until final payment is received, upon which all rights owned by Nublue Limited as to the design, graphics, coding and content in the website transfer to the Client.