Terms & Conditions

Disclaimer

This Site is owned and controlled by Hitchman IT Solutions Ltd. The information and data on this Site is subject to revision without notice and Hitchman IT Solutions Ltd may revise the Terms & Conditions at any time by updating this notice. By accessing and/or browsing the Site, you are acknowledging and agreeing that:

i) All intellectual property rights in and to the Site are the property of Hitchman IT Solutions Ltd and you agree not to copy, reproduce, transmit, distribute or create derivative works of any part of the Site for commercial gain, nor assist any third party to distribute or commercially exploit all or any part of the Site. In the normal course of browsing through the site Hitchman IT Solutions Ltd agree to your printing or downloading to a stand alone personal computer extracts for personal use provided both that Hitchman IT Solutions Ltd is the acknowledged source including the reference www.hitchmanitsolutions.com and that Hitchman IT Solutions Ltd may revoke this permission at any time.

ii) The Site is provided on an "as is" and "as available" basis and Hitchman IT Solutions Ltd makes no express or implied warranties or representations in relation to it. This includes, without limitation, any implied warranties or representations of satisfactory quality, fitness for a particular purpose, availability, completeness or accuracy.

iii) Hitchman IT Solutions Ltd shall not be liable for any loss or damage arising from, or in any way connected with, your use of the Site or any information contained or derived from it (even where Hitchman IT Solutions Ltd has been advised of the possibility of such loss or damage). This includes, without limitation, any damage for loss of profits, loss of information, or any other monetary loss.

iv) Hitchman IT Solutions Ltd shall not take responsibility for the availability or content of any external sites or resources to which it has hyperlinks and might not endorse or approve of any material on sites linked from or to this Site. In particular you should note that Home Pages of Branches affiliated to Hitchman IT Solutions Ltd are individually responsible for their content and expression of opinions. Hitchman IT Solutions Ltd does not take responsibility for the content of or opinions expressed in any external Branch site and might not endorse or approve of all or any material on the site.

Copyright

Trademarks

"webdesignsessex.com", "Hitchman IT Solutions Limited", the Hitchman logo, the blue/white arrow, "Hitchman Content Management System" and "HCMS" referenced on this Web site are the trademarks or registered trademarks of Hitchman IT Solutions Ltd in the UK and/or other countries. Other product and company names mentioned on this Web site may be the trademarks or registered trademarks of their respective owners.

Website Terms and Conditions

Unless otherwise indicated, this Web Site and its contents are the property of Hitchman IT Solutions Ltd. and/or its subsidiaries, affiliates, or assigns. The site and its contents are protected, without limitation, pursuant to U.K. and foreign copyright and trademark laws. By accessing this Web Site, you agree to the following terms and conditions. If you do not agree, you have no right or license to access this Web Site and you should not do so.

GENERAL TERMS

1. You are authorised to download one copy of the material on this Web Site on one computer for your personal, non-commercial use only. In doing so, you may not remove or in any way alter any trademark, copyright, or other proprietary notice. Except as allowed in the preceding sentence, you may not modify, copy, distribute, republish, commercially exploit, or upload any of the material on this Web Site without the prior written consent of Hitchman IT Solutions Ltd. No intellectual property or other rights in and to this Web Site, other than the limited right to use set forth above, are transferred to you.

2. HITCHMAN IT SOLUTIONS LTD MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS." HITCHMAN IT SOLUTIONS LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. HITCHMAN IT SOLUTIONS LTD ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT.

It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material on this Web Site or any Web Site with which it is linked. Price information is subject to change without notice.

3. To the fullest extent permitted by applicable laws, Hitchman IT Solutions Ltd and its employees, agents, suppliers, and contractors shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if Hitchman IT Solutions Ltd has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Web Site or any Web Site with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. POSTINGS (if applicable)

4. To the extent that portions of this Web Site (such as "chat rooms" or "bulletin boards") provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT Hitchman IT Solutions Ltd HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect the views of Hitchman IT Solutions Ltd. To the fullest extent permitted by applicable laws, Hitchman IT Solutions Ltd shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site.

5. Hitchman IT Solutions Ltd reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of these terms and conditions.

6. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

7. You hereby authorise Hitchman IT Solutions Ltd to use and/or authorise others to use all or part of your Postings in any manner, format, or medium that Hitchman IT Solutions Ltd or such other parties see fit. You shall have no claim or other recourse against Hitchman IT Solutions Ltd for infringement of any proprietary right in Postings.

INDEMNIFICATION

8. You hereby agree to indemnify and hold harmless Hitchman IT Solutions Ltd from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Hitchman IT Solutions Ltd directly or indirectly by reason of any act or omission which you commit in breach of these terms and conditions and the obligations and warranties contained in them.

Terms and Conditions for Hosting Services and Supplied Websites

Hitchman IT Solutions Ltd supplies standard/bespoke websites and, in the vast majority of cases, websites with Content Management facilities. Some websites are supplied as "budget" websites or "budget rental" websites. These budget websites often include content management facilities that fall under the same terms and conditions below, however it should be noted that extra copyright restrictions apply (see below).

General:

1. Where websites are supplied as "bespoke" or "purchased" the customer retains full copyright and ownership of the Website logos, graphics, layout and content, but NOT any underlying code and functions.
2. Where websites are supplied as "budget" "budget purchased" or "budget rental" Hitchman IT Solutions Ltd. retains copyright of the underlying code, layout and general site graphics. The customer retains copyright of the content and any bespoke "parts" of the website that were specifically designed for them (e.g. the site banner).
3. Where websites are supplied without underlying functions and facilities (such as the Hitchman Content Management System) the customer retains full copyright and ownership of the HTML code, content, layout and graphics. These sites can be hosted with Hitchman IT Solutions Ltd. or elsewhere without restrictions.
4. Where websites are supplied using the Hitchman Content Management System (hereafter referred to as "HCMS") copyright and ownership of the HTML code, content, layout and graphics remain with the customer however the continued use of the HCMS is dependant upon hosting with Hitchman IT Solutions Ltd. Where a customer decides to remove a website from our servers for hosting elsewhere we will, at our discretion, export and supply the generated HTML pages, however we will not supply the source code or functionality of the HCMS.
5. WE RETAIN FULL RIGHTS AND OWNERSHIP OF THE CONTENT MANAGEMENT SYSTEM AT ALL TIMES AND PROVIDE THIS ONLY AS A MANAGED SERVICE. The full intellectual property rights, copyright and ownership of the HTML code, its content, functions, layout and graphics remain with the Hitchman IT Solutions Ltd.
6. No source code, manuals, certificates or other documentation are generally supplied with our websites unless specifically agreed in the quotation or other documented agreements. Any necessary manuals and support documentation will usually be supplied through this website.

Hosting:

Hitchman IT Solutions Ltd. agrees to provide the client web hosting and, where applicable, the Content Management functions for a monthly/annual fee. Hitchman IT Solutions Ltd. will never require clients to advertise for Hitchman IT Solutions Ltd. on their website in any way shape or form unless agreed upon such as a non-profit organisation receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content.

Content:

All services provided by Hitchman IT Solutions Ltd. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Hitchman IT Solutions Ltd. from any claims resulting from the use of the service which damages the subscriber or any other party.

Non-Acceptable Content:

Pornographic and illegal content is prohibited on all of our servers. This includes sexual content, or direct links to illegal/pornographic content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Hitchman IT Solutions Ltd. will be the sole arbiter as to what constitutes a violation of this provision.

Examples of non-acceptable content or links:

• Pirated software
• Hacking programs or archives
• Warez Sites
• Porn
• Spamming Software

Background-running Programs:

We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned Scripts:

You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Hitchman IT Solutions Ltd. reserves the right to disable the account pending client cooperation and resolution.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials:

Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights:

Material accessible to you through Hitchman IT Solutions Ltd's services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Hitchman IT Solutions Ltd's services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Hitchman IT Solutions Ltd. Network. If you use a domain name in connection with Hitchman IT Solutions Ltd. hosting service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security:

Customers may not use Hitchman IT Solutions Ltd's services with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. United Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Defamation:

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service:

Hitchman IT Solutions Ltd. reserves the right at its sole discretion to refuse or cancel service. Violation of any of Hitchman IT Solutions Ltd's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Spam Or Unsolicited E-Mail:

You must not use Hitchman IT Solutions Ltd's services, equipment or any email address associated with our hosting services in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Hitchman IT Solutions Ltd's services, hosting equipment or any of Hitchman IT Solutions Ltd's email addresses. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, Hitchman IT Solutions Ltd. reserves the right to disable your domain without warning. In addition, Hitchman IT Solutions Ltd. may impose a £100 penalty for each spam policy violation. Hitchman IT Solutions Ltd. solely reserves the right to refuse or cancel service to known spammers. Lastly, Hitchman IT Solutions Ltd. reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse:

Any attempts to undermine, slander, libel, threaten, or cause harm to a Hitchman IT Solutions Ltd. service, server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold Hitchman IT Solutions Ltd (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Hitchman IT Solutions Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Hitchman IT Solutions Ltd against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Hitchman IT Solutions Ltd's services; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Hitchman IT Solutions Ltd to the amount paid for service.

Free Hosting Offer:

When this offer is being run and you have been accepted:
The terms & conditions for our free hosting offer are plain and simple. We will host your domain name, email and one simple "under construction" page for 1 year. All we ask is that you ask us to quote for a website if and when you decide to have one built. If you then decide to leave you are free to take the service elsewhere at no charge.

Refunds Policy:

Hosting/support is charged annually in advance. You may cancel your account at any time before your billing date, and you will not be billed for the next period.

If you are paying annually for web site hosting services, we will not issue a pro-rata refund for months not used.

All hosting and domain registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term.

We do not offer any kind of "money back" guarantee.

Disclaimer:

Hitchman IT Solutions Ltd. will not be responsible for any damages your business may suffer. Hitchman IT Solutions Ltd. makes no warranties of any kind, expressed or implied for services we provide. Hitchman IT Solutions Ltd. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Hitchman IT Solutions Ltd. and its employees. Hitchman IT Solutions Ltd. makes no "uptime" guarantees.

Hitchman IT Solutions Ltd. keeps backups of key server and HCMS systems only and these backups are not available for customer use. Hitchman IT Solutions Ltd. can accept no responsibility for any loss of data or consequences arising from this. Hitchman IT Solutions Ltd. always advises clients to back up their site data regularly for their own protection.

Hitchman IT Solutions Ltd. furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Hitchman IT Solutions Ltd. A customer's failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Hitchman IT Solutions Ltd. then Hitchman IT Solutions Ltd. will not be responsible for maintaining hosting for the resellers customers.

All communications (emails, verbal or written) are between Hitchman IT Solutions Ltd. and the client. These communications are private and are therefore not to be shared with any other parties.

Finally, Hitchman IT Solutions Ltd. wishes to emphasise that in accepting services, customers indemnify Hitchman IT Solutions Ltd. for the violation of any law or Hitchman IT Solutions Ltd. policy, that results in loss to Hitchman IT Solutions Ltd. or the bringing of any claim against Hitchman IT Solutions Ltd. This means that if Hitchman IT Solutions Ltd is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Hitchman IT Solutions Ltd, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

Hitchman IT Solutions Ltd. reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.