Terms & Conditions


Please read these terms thoroughly to make sure you know what you are getting.

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Definitions and Interpretation

(1) The Company - Mytraderwebsite.com- which is part of Rocket 301 Marketing a trading name of Knight International UK Ltd is a creative design agency and offers website design and hosting services to clients using all appropriate hardware providers connected to the World Wide Web via the internet.

(2) The Client wishes to use the Company’s Service to build and host the Client’s Website and/or selected internet services on the Hosting Hardware under the terms and conditions of this Agreement.

In this Agreement, unless the context otherwise requires, the following expressions have the following meanings: “Account” means the details of the Client that are required and held by the Company to facilitate the provision of the service to the Client including, but not limited to, identification and location details, payment details, username and password, and details of the Service provided to the Client; “Business Day” means a day (that is not a Saturday or Sunday) on which banks are open for business in the UK; “Client Website” means the website that the Company is hosting for the Client and refers to all parts of that website including, but not limited to, component files and related services such as email; “Fee” means the sum payable by the Client to the Company in order to receive the Company’s Service; “Hosting Hardware” means all computer and networking equipment used by the Company in the provision of the Service including, but not limited to, servers and network infrastructure; “Hosting Package” means one of the Service packages offered by the Company and generally refers to the package selected by the Client; “Hosting Software” means all software used by the Company in the provision of the Service; “Order” means an order placed by the Client with the Company for the provision of the Service; and “Service” means the collective components of the Company’s hosting service which includes, but is not limited to, the provision of internet connectivity, bandwidth, website storage, software, DNS services, email accounts and data backups, in combination with the Client’s chosen Hosting Package and can refer either to those components as a whole or to specific parts as the context may require.

The clause headings used in this Agreement are used for convenience only and are not intended to affect the meaning or interpretation of the terms of this Agreement. Service

Once the Client’s Order has been placed and processed, the Company will use its best endeavours to commence provision of the Service as soon as reasonably possible. In any event the provision of the

Service will commence no later than 3 Business Days after completion and approval of the Client’s Website.

The Company is under no obligation to provide any Service that is not set out in the Client’s Order and the relevant Hosting Package unless the Company and Client enter into a new written Agreement for the provision of additional services.

The Company may, in its sole discretion, alter, improve or otherwise modify the Service provided that any such change will not significantly alter the provision of the Service to the Client or result in the removal of any features or services that form part of the Hosting Package. The Client will be notified no later than 15 Business Days in advance of any planned changes and will receive full documentation of any action required on their part. No alterations to the Service shall affect the Fees payable by the Client.

The Company may take any action necessary to address or repair faults in Hosting Hardware or Host Software without any prior notice to the Client. If such faults or remedial action results in an interruption to the provision of the Service the Company will provide an update either directly or via it’s social media channels such as twitter or facebook

Availability of Service

The Company will use its reasonable endeavours to ensure that the Service is provided to the Client on a constant, uninterrupted basis throughout the Term of this Agreement.

Where the Service is unavailable for more than 48 hours the Company will contact the Client and provide reasons for the interruption or, where this is not possible due to an undiagnosed problem, state that the problem is undiagnosed but is being investigated.

Whilst the Company will use every reasonable endeavour to ensure the integrity and security of the Hosting Hardware, the Company does not guarantee that the Hosting Hardware will be free from unauthorised users or hackers and the Company shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

Where Service interruption due to Hosting Hardware failure cannot be remedied within 5 Business Days the Company, with consent of the Client, shall endeavour to transfer the Client’s Website to alternative Hosting Hardware in order to restore the provision of the Service.

Where the Client and/or the Client’s users are unable to access/use the Client’s Website, the Client shall first ascertain whether the inability of access/use is caused by a failure on the part of the Client’s and/or its users’ internet service provider and/or equipment. After performing these checks the Client shall contact the Company using the following details: Email: support@mytraderwebsite.com or telephone: 01908 583281.

Where the provision of the Service is interrupted through the fault of any third party, the Company shall bear no responsibility or liability.

Where it is subsequently established that fault does not lie with the Company but with the Client’s and/or its users’ internet service provider and/or equipment, the Company reserves the right to charge the Client such reasonable cost as the Company may have incurred.

Fees and Payment

Fees for the Build/Hosting Packages offered by the Company are as quoted in correspondence or email to the Client. All charges payable by the Client shall be in accordance with the information quoted.

The Client is required to pay all fees due in advance of Service provision.

Invoices will be sent at the end of each month for services provided to the end of the following month. Payment must be made within 7 days of invoice either by bacs, standing order or credit card in order for provision of the Service to continue without interruption.

The Company may at any time change the price of its Hosting Packages. The Client will not be subject to any additional charges or refunds during the initial 12 month period of Service provision. Any change in fees will be reflected in subsequent renewals of Service provision. The Company reserves the right to continue charging old fees for renewals where the new fee is higher.

A registered .co.uk domain name is included in the package. The Company will purchase, manage, renew and host domains on our third-party servers on behalf of the Client until the termination or expiry of our Contract. The Client will be the registered legal owner of the domain name. The Client may, at any time, transfer the domain name to an alternative hosting solution at no additional cost. The Company are not responsible for any third party charges incurred by transferring a domain name to an alternative hosting solution.

If the Client wishes to change the domain name, the Company will need to register a new domain name at a current cost of £15+VAT per domain name registered for one year from the date of registration.

Failure for the Client not to pay the fees in accordance with our terms will result in the Company not renewing the domain name and it will be left to expire.

Domain names are set to auto renew each year and notice must be given the Client wishes to cancel a domain name 30 days prior to its renewal date. Failure to do this and the Client subsequently cancels will incur a cost of £15+ VAT.

All fees payable by the Client to the Company shall be paid in full, without set off or deduction. The Company reserves the right to suspend the Service or cancel the Client’s Order if fees are not paid on or before the due date.

All "goods" (web pages, banners, etc.) and "services" (hosting, domain name renewals, email forwarding, etc.) remain the property of Rocket 301 Marketing until paid for in full as quoted and agreed. Rocket 301 Marketing cannot be held liable for any loss of business as a result of "goods" or "services" being unavailable due to non-payment of an invoice.

Unless otherwise agreed between the parties, the fees shall be paid in accordance with the Company’s trading terms and conditions.

Refunds requests will be given solely at the Company’s discretion.

Changes to this Agreement

The Company reserves the right to change the terms of this Agreement and all other terms and conditions and policies which may affect Clients at any time in order to comply with changes in the law or other reason.

If the Client does not agree to be bound by the changes they may terminate this Agreement in accordance with the Term and Termination clause of this Agreement.

Client Undertakings and Obligations

The Client may not use the Service or any other Hosting Hardware and Hosting Software for any unlawful or otherwise inappropriate purposes. This includes, but is not limited to:

 

  • Distribution of viruses, spyware, malware, or any other form of code designed to cause harm or nuisance to hardware or software or to obtain data without consent;
  • Distribution of pirated material including, but not limited to software, movies, music and written works; and
  • Distribution of obscene or illegal material including that which is pornographic, abusive, threatening, malicious, harassing, fraudulent, defamatory or that which encourages criminal activities.
  • The Client may not use their website to link to any other sites or systems hosting any material described above.
  • Use of the Client’s Website in any manner which is a violation or infringement of the rights of any individual, firm or Company within the United Kingdom and elsewhere.
  • The Client will monitor and supervise any and all third party activity on their website (including communications systems such as forums). Any third party activity that may fall within the criteria above must be stopped or removed, as appropriate.
  • The Client must ensure that any and all activity conducted through the Client’s Website in relation to the collection of personal information complies with the provisions of the Data Protection Act 1998.
  • The Client must ensure that any and all activity conducted through the Client’s Website in relation to selling complies with the provisions of the Distance Selling Regulations 2000.
  • The Client is responsible and accountable for all activity relating to their website and the Service that is carried out by third parties on their behalf.
  • The Client will use its best and reasonable endeavours to supply all information required to facilitate the provision of the Service to the Company in a timely fashion.
  • The Client recognises that available bandwidth is limited, and that the Company may limit access to any large amounts of material made available through the Service in order to maintain a reasonable level of service to the Company’s other clients. Any such action will be notified to the Client within 14 days of its implementation.

 

Intellectual Property and Proprietary Rights

The Client will not acquire ownership rights over any of the Company’s Intellectual Property in or in relation to the Service or in relation to any other property owned by the Company.

The Company will not acquire ownership rights over any of the Client’s Intellectual Property in the Client’s Website or any other material belonging to the Client.

In consideration of the Fees and Payment paid in full by the Client to the Company, the Company grants to the Client a non-exclusive licence to use any Hosting Software issued and authorised by the Company for use by the Client for the Client’s Website.

The Client may not use the Hosting Software for any other purpose other than as specified in this Agreement without the prior written consent of the Company and the Client acknowledges that additional fees may be payable on any change of use approved by the Company.

The Client agrees to fully indemnify the Company against all costs, expenses, liabilities, losses, damages, claims and judgments that the Company may incur or be subject to as a result of the infringement of any Intellectual Property infringement owned by third parties arising from:

The Client’s failure to obtain the necessary rights and permissions from third parties in order to enable the Company to legally provide the Service; The provision of the Service by the Company based upon information and material provided by the Client.

Website Content and Email Forwarders

The Client must provide the Company with all Website Content by the agreed deadline via email. We do not accept Website Content sent to us via post or facsimile.

The Clients Website will be listed on search engines including Google. Once the Website is listed the Company is not responsible for its ongoing promotion.

The Client understands that the order in which websites are ranked in the natural search results is controlled by the search engines. While the Company will optimise the Client’s site for this, there are no guarantees about the success of any search engine promotion activity

Website Content changes: Once published, the Client’s Website will be treated by the Company as completed work. The Client can make changes to the Website Content by sending details of changes to support@mytraderwebsite.com. This will be subject to the Company’s Website Content changes fair use policy.

The Website Package includes up to five separate, individual e-mail forwarders. E-mail forwarders are created, managed and renewed by us. E-mail forwarding services on your domain name are available only during the term of your Agreement with us. We are not responsible for the content and material sent or received in your e-mail account(s). It is your responsibility to manage your own e-mail disclaimer;

Liability

The Company shall not be liable to the Client or to third parties for:

 Any losses resulting from interruptions or downtime to the Service;

  • Any inability, on the part of the Client, to use the Service;
  • Any damage or loss resulting from the loss of confidentiality caused by the storage of information on the internet.
  • Nothing in this Clause shall exclude the liability of the Company for death or personal injury resulting from the Company’s negligence or that of its employees or agents.
  • Nothing in this Clause or in this Agreement shall exclude the liability of the Company for fraudulent misrepresentation.

 

Warranty Disclaimer

Subject to the provisions of this Agreement, the Company gives no warranty, express or implied, in connection with the Service as to fitness for purpose, quality, noninfringement or merchantability.

Indemnity

The Client will fully indemnify the Company against all costs, expenses, liabilities, losses, damages and judgments that the Company may incur or be subject to as a result of any of the following:

 

  • The Client’s misuse of the Service;
  • The Client’s breach of this Agreement;
  • The Client’s negligence or other act of default;
  • The Activities of third parties conducted on the Client’s website using facilities such as blogs, forums and chat.

 

Force Majeure

  • Neither the Company nor the Client shall be liable for breaching this Agreement where that breach results from Force Majeure.
  • Force Majeure refers to any event that is beyond the reasonable control of the parties and includes, but is not limited to, acts of God; acts of war; national emergencies; governmental action; union action; civil unrest; fire; explosion; flood and theft.

Term and Termination

The initial period of Service provision will commence on the date that the Client’s Website goes live or the Client’s Order is processed.

The Company reserves the right to terminate this Agreement at any point with one months notice at the Company’s discretion, or The Company reserves the right to terminate this Agreement or to suspend the Service in the following circumstances:

 

  • If the Client fails to pay fees due under the Fees and Payment Clause of this Agreement;
  • If the Client is in breach of the terms of this Agreement;
  • If the Client becomes the subject of a voluntary arrangement under Section 1 of the Insolvency Act 1986;
  • If the Client is unable to pay its debts within the definition of Section 123 of the Insolvency Act 1986; or If the Client has a receiver, manager, administrator or administrative receiver appointed over all or a substantial part of its undertakings, assets, or income; has passed a resolution for its winding up; or is the subject of a petition presented to a court for its winding up or for an administration order.
  • The Client may request the termination of the Service and this Agreement by written notice, 1 month in advance. The following shall apply to such situations:
  • Any issuing of refunds is at the sole discretion of the Company.
  • On termination of the Service and this Agreement the Client’s Website and all related material will be removed from the Hosting Hardware. 

Assignment

The Company reserves the right to assign or otherwise transfer any rights or obligations under this Agreement. The Client may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Company.

Severance

In the event that any provision of this Agreement is found to be invalid or otherwise unenforceable for any reason, the remaining provisions shall continue in full force without being impaired or invalidated in any way. The waiver by either party of any provision of this Agreement will not operate or be interpreted as a waiver of any other provision or a subsequent breach of any provision.

Law and Jurisdiction

This Agreement is governed by the laws of England and Wales. Any dispute relating to this Agreement shall fall within that jurisdiction.

Confidentiality

Both parties shall keep in strict confidence all information which are of a confidential nature and have been disclosed by one party to the other party and shall procure that the receiving party’s employees, agents, consultants or subcontractors keep in strict confidence all such information other than for the purposes of performing its obligations under this Agreement.