General Terms & Conditions

These General Terms & Conditions, the Acceptable Use Policy and any information relating to the Service/Package purchased from Codelite.net forms the Agreement between Us.
You acknowledge and accept that your use of the services must be in accordance with the Acceptable Use Policy which can be viewed at http://www.mikedeeweb.co.uk/terms-and-conditions/acceptable-use/

1. DEFINITIONS

1.1 “Affiliates” means in relation to Codelite.Net any subsidiary or holding company of Codelite.Net and any company under common ownership with Codelite.Net

1.2 “Agreement” means any agreement between the parties for Codelite.Net to provide the Services and/or Package to you which incorporates these General Terms & Conditions.

1.3 “Package” means a collection of Services.

1.4 “Prices” means the Prices for the Services set out in an order form or as otherwise notified to You.

1.5 “Services” means the Services to be provided by Codelite.Net to You.

1.6 “You/Your” means the person or company who purchases Services and/or Package from Codelite.Net.

2. DURATION AND AUTOMATIC RENEWAL OF SERVICES

2.1 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, all Services are provided for a fixed annual (i.e. 12 month) term. The Agreement will automatically renew on its anniversary date and continue for successive further 12 month periods, unless terminated in accordance with these General Terms & Conditions.

2.2 Unless specifically stated to the contrary in the details of the Service and/or Package you purchase, all Services for which payment is required annually in advance shall be provided for a fixed annual (i.e. 12 month) term. The Agreement will automatically renew on its anniversary date and continue for successive further 12 month periods, unless terminated in accordance with these General Terms & Conditions.

2.3 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, all Services for which payment is required biennially in advance shall be provided for a fixed biennial (i.e. 24 month) term. The Agreement will automatically renew on its anniversary date and continue for successive further 24 month periods, unless terminated in accordance with these General Terms & Conditions.

2.4 Please be aware that unless you terminate the Services in accordance with clause 3 below, the Services will automatically renew on the anniversary date of the Agreement for a successive term and you will be liable to pay the Prices for a further 12 or 24 months, whichever is applicable. If you choose to terminate the Services any time after the anniversary date of the Agreement You will still be required to pay the Prices for the remaining period of the then current term of the Agreement.

2.5 YOU AGREE THAT YOU THE CUSTOMER ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR SERVICES ARE RENEWED, AND THAT CODELITE.NET SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE SERVICES;

3. CANCELLATIONS

3.1 You are entitled to cancel the Services by either submitting a cancellation request to the Codelite.Net support team via the Codelite.Net control panel no less than 7 days prior to the anniversary date of the Agreement.

3.2 Codelite.Net reserves the right to cancel and/or suspend Your Services at any time and without notice if You breach these General Terms & Conditions and/or the Acceptable Use Policy.

4. REFUNDS

4.1 Any Prices due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.

4.2 In the event that Codelite.Net cancels Your Services for reasons other than Your breach of the Agreement, You will be entitled to a pro rata refund based upon the remaining period of Your current Agreement term.

4.3 If You contravene Your Agreement with Codelite.Net, a refund will not be issued in the event of a cancellation.

5. PAYMENT

5.1 All Services and Packages must be paid for in advance in accordance with the specific provisions of that Service and/or Package.

5.2 Payment will be due on the basis of the Service and/or Package You have selected. If You have purchased Services and/or Packages on an annual (12 month) or biennial (24 month) basis then You will be required to pay pursuant to the payment plan You selected, either paying annually or biennially in advance.

5.3 Unless You have cancelled the Services in accordance with clause 3 above, You will be automatically charged the Prices again on the anniversary date of the Agreement. Payment of the Prices will be taken via the payment method specified within the control panel.

5.4 Codelite.Net reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. Notice of changes to Prices and/or Services will be given by e-mail to the e-mail address held in Your Codelite.Net account. If You have already purchased a particular Service then the change in the Price or nature of that Service will only become effective when the Agreement for that Service reaches the end of its current term. You will be charged the new Price when the Service is automatically renewed at the end of the current term.

5.5 All payments must be made in UK pounds sterling, inclusive of applicable taxes.

5.6 You warrant that You are lawfully authorised to make payment using the payment card or facility You disclose to Codelite.Net. In the event that You are not the named card holder, You acknowledge that You are still liable for the payment of all Prices. You indemnify and hold Codelite.Net harmless in the event that the cardholder or issuer declines any transaction for payments to Codelite.Net, including all of Codelite.Net costs in administering Your non-payment and obtaining payment of those Prices due.

5.7 Where You provide Codelite.Net with information relating to a third party, including but not limited to the use of their payment details, either in accordance with clause 5.6 above or for any other purpose, You warrant that You have obtained express consent from the third party for Codelite.Net to use their information and/or to contact them for the purposes of the Agreement. You consent to Codelite.Net sharing Your information with the third party, including but not limited to the Services You have purchased, to enable the third party to ascertain the terms of Your Agreement with Codelite.Net and why Codelite.Net are authorised to take payment from the third party’s payment card or PayPal account.

5.8 Codelite.Net reserves the right to suspend the Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £20 administration charge. You are responsible for all money owed on the account from the time it was established until Codelite.Net accepts Your cancellation request.

5.9 You are required to have a valid email address registered to Your account at all times, failure to do so will result in automatic suspension of Your account.

5.10 No bills or invoices will be sent by regular mail. All invoices will be available to download from the control panel shortly after the purchase or automated renewal transaction is completed.

5.11 If You fail to pay any Prices due, Codelite.Net reserves the right to interrupt, suspend and/or cancel the Services to You. Such interruption, suspension and/or cancellation does not relieve You from paying all Prices which are due and payable to Codelite.Net.

5.12 Please refer to the Domain Name terms of Service for Domain Name for specific payment policies.

6. CHARGEBACKS

6.1 If You withdraw any payments made via a bankcard or credit card (a “chargeback”) You may be subject to a administration fee of £50, should Codelite.Net deem the chargeback to be unfair. Codelite.Net also reserves its right to defend such chargebacks and recover the original monies from You or the card issuer.

6.2 If a chargeback is made, Codelite.Net reserves the right to interrupt, suspend and/or cancel the Services. Such interruption, suspension and/or cancellation does not relieve You from paying the Prices which are overdue and payable to Codelite.Net.

7. APPROPRIATE SERVICE USE

7.1 Codelite.Net reserves the right to refuse provision of the Services and/or access to its servers to anyone.

7.2 Codelite.Net does not allow any content which breaches the Acceptable Use Policy to be stored on its servers.

7.3 Refusal of Services based on the content being contrary to the Acceptable Use Policy is entirely at the discretion of Codelite.Net.

7.4 Codelite.Net reserves the right to move Your data to a different server with no previous notice.

8. SCHEDULED MAINTENANCE

8.1 To guarantee optimal performance of the servers, it is necessary for Codelite.Net to perform routine maintenance. Such maintenance often requires taking Codelite.Net servers off-line, typically performed during off-peak hours. Codelite.Net will give You advance notice of maintenance that requires the servers to be taken off-line whenever possible.

8.2 Please note Codelite.Net may require suspension of some of the Services for short scheduled periods to carry out maintenance and/or repair to the Services. Information concerning scheduled downtime and details of any interruptions to the Services is available on the Codelite.Net support website at http://www.Codelite.Net/support/

9. SUPPORT

9.1 Codelite.Net will endeavour to provide a continuous high quality service. If You experience problems with Your Services, You should consult the Codelite.Net support website.

10. RESELLING OF SERVICES

10.1 All Services are to be used by the primary account holder only. Codelite.Net do not permit account holders to resell, store and/or give away web-hosting Services of their website to other parties. In the event that You contravene this clause, Codelite.Net reserves the right to interrupt, suspend and/or cancel the Services to You.

11. DATABASE USAGE

11.1 If You exceed the limits on Codelite.Net database products (MS SQL and MySQL) then Streamline Net will automatically charge You for the additional space You use at Codelite.Net current Prices. For example if You have a 150MB database and 200MB is in use at any point during a month then Codelite.Net will charge for the extra 50MB in that month.

12. OWNERSHIP OF DATA

12.1 All data created or stored by You within Codelite.Net applications and servers are Your property. Codelite.Net shall allow access to such data by only authorised Codelite.Net personnel. Codelite.Net makes no claim of ownership of any web server content, email content, or any other type of data contained within the account holder’s server space or within applications on Codelite.Net’ servers.

12.2 You are responsible for backing up Your data.

13. UPLOADS

13.1 Codelite.Net limits uploads made via scripting languages – including PHP, ASP and ASP.NET. Uploads made using PHP are limited to 20MB per file.

14. PASSWORDS

14.1 It is the mailbox owner’s responsibility to keep his/her password confidential, and to change the password on a regular basis. Codelite.Net is not responsible for any data losses or security issues due to stolen passwords. Codelite.Net recommends that You use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. “12345”, “password”, etc.).

15. YOUR PERSONAL DETAILS

15.1 Please note that whilst Your email is primarily used for billing purposes and for the service of notices, Codelite.Net reserves the right to email You information about enhancements to Codelite.Net systems and product offerings. You can unsubscribe from marketing communications within Your Codelite.Net control panel.

15.2 Codelite.Net may share Your personal information with its Affiliates. Codelite.Net may need to provide Your name and delivery address to third parties that Codelite.Net uses for the purposes of delivering and improving Services to You (e.g. customer support or technical enhancements etc.).

15.3 Apart from the exceptions in clause 15.2, Codelite.Net will not provide any of Your personal information to other companies or individuals without Your permission. For more information about how Codelite.Net collects and uses Your personal information please read Codelite.Net Privacy Policy.

16. CODELITE.NET DISCLAIMERS AND WARRANTIES

16.1 Codelite.Net does not back up Your data and/or website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Codelite.Net cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all Service interruptions caused by Codelite.Net and its employees.

16.2 Codelite.Net makes no warranties or representations that any of the Services will be uninterrupted or error-free. You accept all Services provided hereunder “as is” without warranty of any kind.

16.3 So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded to the fullest extent permitted by law.

16.4 For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.

17. LIABILITY

17.1 Codelite.Net shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of the Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.

17.2 Codelite.Net will not be liable for any loss of profit, or loss of revenue, or loss of or corruption to data, or depletion of goodwill, or anticipated savings, and/or indirect, special or consequential loss, costs or damage howsoever arising suffered by You or any liability You incur to any third party arising in any way in connection with the Agreement whether or not such loss has been discussed by the parties pre-contract.

17.3 No matter how many claims are made and whatever the basis of such claims, Codelite.Net’s maximum aggregate liability to You under or in connection with the Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in the Agreement) whether such claim arises in contract, tort or otherwise shall not exceed a sum equal to twice the Prices paid by You for the Services in relation to which Your claim arises during the 12 month period prior to such claim.

17.4 Nothing in the Agreement shall exclude or limit Codelite.Net’s liability for death or personal injury resulting from the negligence of Codelite.Net, its employees or its sub-contractors or for fraud or fraudulent misrepresentation.

17.5 Codelite.Net shall not be liable for any interruptions or outages to the Services and/or Packages arising directly or indirectly from:-

  • 17.5.1 interruptions to the flow of data to or from the internet;
  • 17.5.2 changes, updates or repairs to the network or software which it uses as a platform to provide the Services;
  • 17.5.3 the effects of the failure or interruption of Services provided by third parties;
  • 17.5.4 Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
  • 17.5.5 problems with Your equipment and/or third party equipment;
  • 17.5.6 interruptions to the Services requested by You.
18. FORCE MAJEURE

18.1 Codelite.Net shall not be in breach of the Agreement nor liable for any failure or delay in performance of any obligations under the Agreement because of any events outside of its reasonable control, including, but not limited to, acts of God, strike, lock-outs or other industrial disputes (whether involving the workforce of Codelite.Net (or any other party), compliance with any law or government order, rule or regulation, accident, fire, flood, storm, default of suppliers, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally.

19. NON-WAIVER

19.1 The failure of Codelite.Net to require Your performance of any provision in the Agreement shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Codelite.Net of a breach of any provision of the Agreement be taken or held to be a waiver of the provision itself.

20. NOTICE

20.1 You agree that any notice or communications required or permitted to be delivered under the Agreement by Codelite.Net to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information You have provided.

21. GOVERNING LAW

21.1 Except as otherwise set forth in the Domain Dispute Policy, the Agreement shall be governed by English law and both parties submit to the exclusive jurisdiction of the English Courts.

22. LEGAL FEES

22.1 If any legal action or proceeding, relating to the performance or the enforcement of any provision of the Agreement is brought by any party to the Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.

23. ASSIGNMENT

23.1 You shall not assign, sub-license or transfer Your rights or obligations under the Agreement to any third party without the prior written consent of Codelite.Net. However, in the event that Codelite.Net consents to such an assignment, sub-license or transfer, then the Agreement shall be binding upon Your respective successors and permitted assigns.

23.2 Codelite.Net may assign, sub-license or transfer the Agreement or its rights and/or obligations under the Agreement to its Affiliates without Your prior written consent.

24. ENTIRE AGREEMENT

24.1 The Agreement constitutes the entire agreement between the parties and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter.

24.2 Each party agrees that it will have no remedy in respect of any representation, statement, assurance or warranty that is not expressly set out in the Agreement. No party shall have any claim for innocent or negligent misrepresentation based upon any statement in the Agreement.

25. AMENDMENT IN WRITING

25.1 Codelite.Net reserves the right to amend the Services and/or Package, including any technical specification or any information relating to the Services and/or Package, from time to time, any such changes are effective immediately from the time they are notified to You. Codelite.Net shall give You notice of any changes via email to the email address held in Your Codelite.Net account.

25.2 Codelite.Net may update or amend these General Terms & Conditions, the Service Specific Terms & Conditions, the Acceptable Use Policy and/or the Privacy Policy, from time to time, to comply with law or to meet our changing business requirements. Codelite.Net will give You prior notice of any changes to the Agreement via email to the email address held in Your Codelite.Net account.

25.3 If Codelite.Net implements any material change to the Agreement in accordance with clause 25.2 above, You have a right to cancel the Services without penalty before the new terms of the Agreement come into effect. A “material change” is a change which fundamentally changes the basis of the Agreement between You and Codelite.Net. For the avoidance of doubt, minor changes to the Agreement including, but not limited to, changes to address details, contact details or definitions, will not give You a right to cancel the Services.

26. FURTHER ASSURANCES

26.1 The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by the Agreement.

27. RELATIONSHIP OF THE PARTIES

27.1 Nothing in the Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.

28. JOINT AND SEVERAL OBLIGATIONS

28.1 If any party consists of more than one entity, their obligations here under are joint and several.

29. NO THIRD PARTY BENEFICIARIES

29.1 The Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.

30. SEVERABILITY

30.1 In the event that any provision of the Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render the Agreement unenforceable or invalid as a whole.

30.2 If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification as is necessary to give effect to the commercial intention of the parties.

Please note: by signing up for any of Codelite.Net Services You agree to be bound by all Codelite.Net terms and conditions.