Bang Anderson Limited Terms of Business for website hosting services ONLY
These conditions shall govern all contracts between Bang Anderson Limited at 2 Ian House, Tolehurst, Frittenden, Kent. TN17 2BW (registered in England Company Number 6335466) (‘THE CONSULTANCY”) and “the Client” unless varied in writing. These conditions shall exist in addition to any rights implied in law.
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 “downtime” means any service interruption in the availability to visitors of the Website;
1.1.2 “intellectual property rights” means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
1.1.3 “The Consultancy” means Bang Anderson Ltd
1.1.4 “IP address” stands for internet protocol address which is the numeric address for the server;
1.1.5 “ISP” stands for internet service provider;
1.1.6 “server” means the computer server equipment operated by BANG ANDERSON in connection with the provision of the Services;
1.1.7 “the Services” means web hosting, domain name registration, email and any other services or facilities provided by Tinbot Web Services.
1.1.8 “spam” means sending unsolicited and/or bulk emails;
1.1.9 “virus” means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as “worms” or “trojan horses”;
1.1.10 “visitor” means a third party who has accessed the Website;
1.2 Product specifications and details may be found at www.banganderson.co.uk
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
2.1 The Customer wishes to provide BANG ANDERSON with data that will be hosted on BANG ANDERSON’s servers and made accessible via the Internet.
2.2 BANG ANDERSON provides web hosting services and has agreed to host the Customer’s data upon the following terms and conditions.
3.1 BANG ANDERSON shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
3.2 The Customer shall deliver to BANG ANDERSON the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or BANG ANDERSON (“the Customer Software), in a format specified by BANG ANDERSON.
4 CHARGES AND PAYMENT
4.1 Payments will be made by BACS (Bank Transfers)
4.2 BANG ANDERSON do not accept cheques, postal orders, cash or any other form of payment other than those outlined in 4.1
4.3 The Charges are exclusive of VAT, which if payable shall be paid by the Customer.
4.4 BANG ANDERSON shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
4.5 BANG ANDERSON do not provide credit facilities.
4.6 From time to time BANG ANDERSON may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
4.7 NB: Pro-rata refunds WILL NOT be issued for yearly services that are cancelled before then end of the year.
4.8 Should your chosen payment method fail BANG ANDERSON will attempt to settle your invoice using any other payment facilities available on your account.
4.9 All services will renew until cancelled by the customer. BANG ANDERSON emails the customers primary email address prior to renewal of services, it is the customers responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.
5 IP ADDRESSES
5.1 BANG ANDERSON shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where BANG ANDERSON changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to BANG ANDERSON (“BANG ANDERSON’s software”) in order to use the Services, BANG ANDERSON grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use BANG ANDERSON Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in BANG ANDERSON Software.
6.2 In relation to BANG ANDERSON’s obligations under this Agreement in connection with the provision of the Services, the Customer grants to BANG ANDERSON a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website (“the Content”). For the avoidance of doubt, this Agreement does not transfer or grant to BANG ANDERSON any right, title, interest or intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense BANG ANDERSON Software.
6.4 BANG ANDERSON may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, BANG ANDERSON shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 BANG ANDERSON shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, BANG ANDERSON makes no warranties or representations that the Service will be uninterrupted or error-free and BANG ANDERSON shall not, in any event, be liable for interruptions of Service or downtime of the server.
7.2 BANG ANDERSON carries out data backups for use by BANG ANDERSON in the event of systems failure. BANG ANDERSON do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly BANG ANDERSON accepts no responsibility for data loss or corruption.
8 ACCEPTABLE USE POLICY
8.1 The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
8.1.1 use the Services or the website in any way to send unsolicited commercial email or “spam”, or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the Website;
8.1.6 make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of BANG ANDERSON’s network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server processes.
8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, BANG ANDERSON is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 BANG ANDERSON shall be entitled to withdraw the Services and terminate the Customer’s account without notice.
9 ALTERATIONS AND UPDATES
All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform BANG ANDERSON and the password will be changed.
10.1 The Customer warrants and represents to BANG ANDERSON that BANG ANDERSON’s use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to BANG ANDERSON as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, BANG ANDERSON shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
The Customer agrees to indemnify and hold BANG ANDERSON and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against BANG ANDERSON arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit BANG ANDERSON’s liability for death or personal injury resulting from BANG ANDERSON’s negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of BANG ANDERSON to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
12.3 In no event shall BANG ANDERSON be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or BANG ANDERSON had been made aware of the possibility of the Customer incurring such a loss.
13 TERM AND TERMINATION
13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
13.2 BANG ANDERSON shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
13.5 On termination all data held in the customers’ account will be deleted.
14.1 BANG ANDERSON may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without BANG ANDERSON’s prior written consent.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Any notice to be given by either party to the other may be sent by either email or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.
18 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
19 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
20 DOMAIN NAME REGISTRATION
20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it BANG ANDERSON will provide a full refund for that domain name.
20.2 Please return to the main terms and conditions area of this website to view terms and conditions for individual domain name registrars.
BANG ANDERSON are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
23 DATA TRANSFER
23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.
23.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
24 SERVER USAGE
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
25 EMAIL NEWSLETTER
BANG ANDERSON communicates with its customers via email and as such you agree to receive by email our newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.
26 WEBSPACE USAGE
Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house-keeping when maintaining their account.
27 MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from the system.
28. GDPR & PECR
GDPR (General Data Protection Regulation) & PECR (Privacy and Electronic Communications Regulation) Compliance for data held by Bang Anderson for our own marketing.
Updated 6th March 2018
Bang Anderson is committed to protecting and respecting your privacy. Please read this GDPR & PECR policy carefully, so that you can see why and how we collect data from you, and how it is used by us.
We hold our EU clients’ and suppliers’ data and the data of personnel within companies that have expressed an interest in, or used Bang Anderson’s services. We collect this data through business contact in quoting for, or completing a marketing project, if a subject subscribes to our email newsletter, or we have met in person and exchanged business contact details for mutually agreed marketing purposes.
We endeavor to hold only the data we require to contact our clients, potential clients or suppliers: name, company name & address, company email, main company telephone number and work mobile.
Contact data is stored on our in-house server which is not connected to the internet, professional ISP web and email servers (Heart and SiteGround), Mac email address books and on a secure server for email marketing purposes with Campaign Monitor.
We are committed to complying with the current data protection laws including GDPR & PECR only processing that data for the purposes made clear below:
- We will NEVER share or sell your data to any 3rd parties
- We do NOT buy, or use lists from 3rd parties, regardless of the opt in consents
- We will do our best to ensure your personal information is accurate and kept up-to-date. Please do contact us if you want to update your details
- We will never disclose your details unless required to do so legitimately by law. For example, a request from the ICO
- We will not send you marketing messages via cold calls, automated calls, texts or fax
- We will contact you regarding current or potential projects as necessitated by the project or campaign
- Under PECR we might contact you in your professional capacity by HTML email, or post with marketing / design news, offers and updates. We have identified as the most unobtrusive way to contact you. We will never contact you with marketing communications more than once a calendar month and only if:
- we have a pre-existing professional, or personal relationship with you
- we have a financial or contractural agreement with you
- that we believe the information is of genuine and legitimate interest
- we believe that the information is useful, or relevant to your job role.
- If you do not find our marketing communications of use or interest, you can easily choose to unsubscribe from our HTML emails at any time. We will NEVER contact you again using this method (or any other form of marketing communication) and will delete your data from our active email marketing lists. The Unsubscribe link can be found in the header, footer and body areas of our marketing emails
- If you require access, or wish to update the data stored by Bang Anderson please email DPO@banganderson.co.uk and we will supply this free of charge, if requested, within one calendar month
- If you wish to delete your record from our marketing list, simply send an email request to DPO@banganderson.co.uk
- The internet isn’t always an inherently safe environment, but we will always work to ensure that all reasonable technical and organisational measures are in place to protect your personal data against accidental or unlawful loss, alteration, unauthorised use, disclosure or access
- If there is a breach of the data we hold, which risks your rights or freedoms, we commit to reporting to the ICO and our contacts on the compromised lists within 72 hours of the breach
- We undertake regular data and process audits
GDPR and Bang Anderson as your data processor
As a marketing company Bang Anderson will use the customer data that you supply for marketing campaigns and projects as specifically instructed by you, in writing, ‘the controller’. If you are another marketing company, sub-contracting a data processing task to Bang Anderson you become our ‘data controller’ and the obligations and responsibilities below apply.
It is your responsibility to / or make sure that your end client does:
- Ensure that positive marketing consent and/or legitimate interest/ professional relevance is clearly documented in your records before Bang Anderson receives the data
- Consent – freely given and informed (what, how long, how often)
- Legitimate interest
- Professional relevance
- Vital interest (to protect life)
- All data should be sent or returned via a secure server and NOT as an email attachment
- We will discuss, agree and regularly review how we process the data on your behalf to meet your marketing objectives, whilst ensuring GDPR & PECR compliance
- Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
- Decide whether you need to pay the Data Protection Charges to the ICO, or if you are exempt. Click here to read the ICO document.
Our responsibilities to you:
- If there is a breach of the data we hold which risks your data subjects’ rights or freedoms, we commit to reporting to the ICO and our contacts on the compromised lists within 72hours of the breach
- Contact and personnel data is stored on our in-house server, which is not connected to the internet, professional ISP web and email servers (Heart and SiteGround), Mac email address books and on a secure server for email marketing purposes with Campaign Monitor.
- Any payment transactions will be encrypted using SSL technology.
- Bang Anderson’s staff are contracted to keep your data confidential whilst being processed
- Bang Anderson will return your data at the end of the project or working relationship and delete all records from our systems
- Appoint your own DPO just to be on the safe side (data protection officer)
- Conduct a data audit and written appraisal / report
- potential, current and past customers, suppliers & employees
- where is the data stored
- why is it retained
- how is the data used
- how long for if applicable
- Check and note on your data lists how consent for each individual was collected
- Delete any old lists or data
- Delete any fields in your database that aren’t really necessary
- Conduct regular database cleanses of current data
- If you have children on your database, consider how you verify their ages
- Ensure that you have direct access to data lists stored in email marketing systems or on your website
- Create a dedicated Privacy and GDPR area / page on your website clearly setting out your procedures and DPO contacts
- Create a clear infographic to visually explain your data collection, protection and processes (including who processes & stores your data)
- Ensure that this page is clearly visible on your website within the main and footer navigation, the contact us page and that the page is linked to wherever possible
- Email marketing templates, where we recommend a clear footer is created explaining why the email is being sent and a VERY prominent ‘unsubscribe’ button.
- Your staff’s email signatures
- Any standard document footers
- Included in proposal or tender templates
- Ensure that all sign up forms either within your website or into an email marketing system include a OPT IN box, clearly state what the visitor is signing up for, for how long and how often. Plus, a link to your privacy / GDPR page
- Ensure that any offline application forms include the same information with an opt in box.
- Where you can try to keep the data as segmented as possible, so that subjects ONLY receive marketing communications about the specific product or service they are interested in. For example on the web page for XX product have a sign up form and opt in box which populates a list for JUST product XX.
- Dedicate a member of staff (or commission Bang Anderson) to update your WordPress site every month or at the very, very least every month – a site scan, delete comments, update plugins, patches, themes and core to ensure that your site is as secure as possible.
- Get an SSL on your website for added security and confidence. Also becoming a part of Google ranking.
- Do keep and safely store any paper forms showing the subjects opt in choices