TERMS OF SERVICE
FORE-WORD
- These terms of service (TOS) have been written on Tuesday 1st December 2009, and have last been updated on the 1st September 2012 to include the non-payment section, further amended on 14th February 2014 to ensure that our policies displayed online reflect the actual policies put in place back on 1st September 2012.
- These terms of service (TOS) are available online at any time, and may be requested in printed format delivered to you
- The term "you" / "the client" in the context of these terms of service refers to the customer, which is either the paying party or the person contracting our services
- The term "our" / "us" in the context of these terms of service refers to Alex Reynier Ltd as an incorporated entity, and all its staff
- We reserve the exclusive right to alter and amend these terms of service without prior notice at any time to suit our requirements, it will be the responsibility of the customer to ensure that he or she checks the content of the terms of service (TOS) regularly to be kept up to date. Alex Reynier Ltd will not, under any circumstances be liable for keeping clients up to date with the latest contents of its TOS.
- These terms of service are here for our protection, as a result of several clients taking advantage of our kind nature here at Alex Reynier Ltd, thus making our business suffer financial loss which this agreement is here to prevent. We will never apply these terms and conditions for the exception of extreme cases.
- All terms included here are taken as underwritten normal contracting agreement and will be effective from date of starting any work whether or not the full terms of service have been read it will be expected that all customers have read and are familiar with all these terms of service before contracting us - no client can under any circumstance state "lack of knowledge of existence" of these terms of service and these are made easily accessible from our website.
AGREEMENT
- By requesting our services, either verbally or in writing, there is a bound agreement between you (the client) and us (Alex Reynier Ltd) as stipulated in this document
- This agreement therefore becomes legally bound between you and Alex Reynier Ltd from the time of contracting until the final invoice is paid in full and services are terminated in agreement by both parties.
- You personally agree, whether you are requesting our services as an entity or an individual, that you personally, who requests our services will be without limitations liable to any fees, penalties and accrued costs.
- This agreement will not be breached under any circumstances, all clients are expected to have read these terms of service in full before contracting us.
GENERAL TERMS
- Alex Reynier Ltd will not be liable or become involved in any disputes between the site owner and their clients or any third parties and cannot be held responsible for any wrongdoing on the part of a site owner.
- Alex Reynier Ltd will not be liable for any costs incurred, compensation or loss of earnings due to and of the following:
- Work carried out on the behalf of the client or appointed agents
- Website content created by the client via the CMS system
- Website bugs, viruses or unavailabilityof the site, its servers, software or any material provided by Alex Reynier Ltd.
- Suspension or termination of the website, servers, software or any material provided by Alex Reynier Ltd due to non-payment
- Alex Reynier Ltd. will endeavour to meet an exceed customer expectations up to a reasonable extent as defined by Alex Reynier Ltd.
- Alex Reynier Ltd. will undertake all work outlined in the initial quotation document agreed by the client. Any additional requests from the client which are not outline in the quotation can be declined or may incur additional costs depending on the time allocation required to our staff. This will need to be signed off by the client, and again agreed by Alex Reynier Ltd.
- Alex Reynier Ltd. will endeavour to match any quotations given however, in certain cases where additional work is required to be undertaken, an additional fee covering our costs will be added to the invoice. We will endeavour to inform the client as soon as such an event occurs but we will assume that consent is given to complete the task despite being over the initial quotation.
COMPATIBILITY
- Alex Reynier Ltd. will endeavour to ensure that any developed / designed website or application functions on the platform for which it was developed. In the case of websites, this would include most modern internet browsers such as Chrome, Firefox, Safari, and Opera. In certain cases, when explicitely requested this may be extended to Internet Explorer 9 and above. IN the case of application, this would be valid for the particular platform and platform version the application was developed (as outlined in documentation or specification).
- Alex Reynier Ltd. will endeavour to ensure that any developed / designed website functions correctly on a multitude of devices and screen sizes ranging from 11inch mac book air through to 27inch mac screen, as well as iPhone 4.
- Alex Reynier Ltd. cannot ensure the compatibility on native Windows laptops as at time of writing Alex Reynier Ltd does not own any such device. Our testing is done on virtual Windows machines running on our macs, thus this would be as close as we are physically able to get. Should native Windows compatibility be required - we will request that the client lends us a machine during the testing period.
DATABASE, APPLICATION AND ECOMERCE DEVELOPMENT
- Alex Reynier Ltd. cannot be held responsible for any losses incurred directly or indirectly by the use of any software created for or in use by the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsiblity lies with the client in ensuring that all the software is functioning correctly before use.
- The client is expected to test fully any application, website or programming relating to a site developed by Alex Reynier Ltd. before being made generally available for use. This includes the "sign-off" or the "go-live" of any application, programming, or website developed by us. Where "bugs", errors or other issues are found after the site is live, Alex Reynier Ltd. will endeavour (but it not obliged to) to correct these issues to meet the standards of cuntion outlined in the original brief.
COPYRIGHT
- The website, graphics and any proigramming code remains the property of Alex Reynier Ltd. until all outstanding accounts are paid in full.
- Alex Reynier Ltd cannot be held accountable for copyright infringements caused by material submitted by the client. We presume that the client has full copyright permissions of all content supplied. We reserve the right to refuse any content which breaches our content policy or content where proof of copyright permission is missing.
WEBSITE, APPLICATION, AND BRANDING
- Website, application, branding - user interface (design), user experience (architectural design) and design remains the property of Alex Reynier Ltd. until all outstanding invoices are paid in full. Any design used without prior permission will result in legal action being taken against you where all our fees at maximum price will be charged above the legal cost of the case.
- Normal operation means that the logo will be the most important part and hence the first part of the design process. Once an agreement is reached on the new logo, only then will the website/application/branding designs and user experience design commence.
WEBSITE, APPLICATION, DESIGN AND DELIVERABLE LEAD TIMES
- All lead times stated either in the quotation or subsequent emails are estimations of the likely time it will take us to complete the task. It is possible for any lead time to be extended or shortened depending on the amount of work that is required. Our lead times are not launch-ready dates, they are the date at which we will be able to show you the work done and for us to start making final minor adjustments. Any delay may be given at very short notice as certain bugs may not have been found until the final testing stages.
- Although Alex Reynier Ltd will do their best to remain within budget and on time, any extension of deadlines, and/or extensive further work required may result in additional billing to the initial quote to cover our costs.
RETURN AND REFUND POLICY
- Due to te nature of our work, that our work is specifically produced for a specific client and is hence unique for each client - returns and refunds are not possible. Once the client fees have been paid, they are 100% non-refundable due to the resource planning required, and the number of hours that may have been spent by our resources on your project.
- Upon agreement of the quotation and price for a particular task, there will be absolutely no allowance for customer negation unless the product specification changes and is agreed by both party, we however reserve the exclusive right to refuse any price negation.
CANCELLATION POLICY
- We will endeavour to please every client as much as possible, and will put in the extra mile - sometimes even free of charge to ensure customer satisfaction. In the unlikely event that we are unable to satisfy the customer's needs, cancellation of the project must be made in writing by the client. IN the event that work is postponed or cancelled at the request of the customer, we reserve the right to retain all fees paid to date and should this not cover all the work complete, we reserve the right to charge the amount that we see fit to cover our costs. We will endeavour to reduce the charges wherever possible but will never forfeit our costs.
CONTENT MANGEMENT SYSTEM
- We do not use any Open Source CMS due to the nature of our work as it is not possible for us to build beautiful website with any open source content management system. Should one be offered, we therefore will only every provide our own content management system.
- Contracts including a CMS will be a LICENSE ONLY and will never include ANY of the code for the CMS only.
- License are valid for a lifetime should the hosting remain on our servers, should the hosting be moved elsewhere we reserve the right to terminate access to the backend system at any time.
- Whilst every care is taken for CMS to be working, and accurate - there may be errors and mistakes. It is the client's responsibility to inform us of such as soon as possible
DELIVERY POLICY
- Due to the electronic and virtual nature of our work, no physical product will be delivered. The client must work with us to complete the website in a timely manner. In some cases, delays receiving materials or other circumstances can slow the process of development. However, assuming no delay of the signing of the contract (whether metaphorical or physical as the case may be - is binding as is this terms of service) and securing the deposit, we agree to make all reasonable efforts to complete each project in a timely manner.
- We reserve the exclusive right to cancel the contract at cost to the client should significant delays be experienced outside the developer's control. Examples include, but are not limited to:
- lack of design ideas
- lack of return communication
- failure to make required decisions in a timely fashion
- significant developer / designer illness
- acts of God
- other significant disruption
upon any of these circumstances, payment for work already done will unfortunately not be refundable - but anything else will be returned without question.
- Alex Reynier Ltd. will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines
PAYMENT AND NORMAL WORKING METHOD
- Alex Reynier Ltd. works on a standard industry wide system. We now charge a minimal fee of £600 +VAT for starting a new project scope of work and estimated costs due to high demand and length of time required to produce the documents required. This includes an initial consultation of 1 hour to review what the client requires, and a 1 hour review meeting for the final scope of work.
- We initially meet the client in a mutually convenient location to ascertain requirements, and review current working practices.
- We then provide the client a scope of work document along with a broad ballpark figure relating to the work required by email, after review by the client and any amends made, a amended final scope of work document is presented to the client for review, along with its refined estimated costs based on the resources and time required to complete the project.
- We then arrange another meeting in a mutually acceptable location to confirm that the refined estimate and the scope of work document is acceptable to the client, and we sign a contract bound by the courts of England and Wales.
- The length of project will dictate the payment scheme, and be clearly written in our contract. This will normally involve a deposit, and the remaining costs spread out through invoices sent every two weeks. Shorter projects (ie: simple websites or MVPs requiring less than 10 days of work) will normally involve the 50% upfront and 50% on completion.
- We may offer alternative payment methods, such as using YUNOJUNO Ltd which will enable you to ensure payments are made on time. This however, does attract additional fees.
- Upon the reception of the deposit, a final start date is then agreed and a provisional completion date will be given.
- This deposit is 100% refundable until we make a start on the project which may be before the provisional start date. If a contract is cancelled before the start date, but we have already started on the project, we will refund you the deposit minus the associated costs of the work undertaken and a £20 administrational fee. If this cost is greater than the cost of the deposit, you will be invoiced for the additional amount to cover our costs.
- Although we strive to meet client expectations wherever possible, we reserve the right to delay any completion dates provided should we need to for operational reasons.
- Upon completion of each discernible part of the project as defined by the scope of work, the client will then be able to see and review the product in its BETA stage, on our test server. It is important that the client understands that all designs, code, intellectual property or other material given access to, is strictly confidential and all copyright remains property of Alex Reynier Ltd until such a time as the full payment for the entire project is made.
- It is the responsability of the client to check the product, and report any bugs within a timely manner. A bug is defined in our context as a fault causing an incorrect or unexpected result; Or to behave in an unintended way; Within the limitation of the scope of work.
- Any additional features or additional requirements or items not covered in the scope of work, will attract additional time and thus additional expenses. These will generally need to be agreed in writing. Due to operational reasons, it is possible that Alex Reynier Ltd, will not be able to complete additional requirements or additional features immediately after the completion of the project. We kindly ask the clients to understand that as with any business, we have a finite amount of resources which lead to a finite amount of work that can be executed in a timely manner. Feature creep / additional features will need to be scheduled in.
- Once the product is complete, the client review stage is complete, and the client is happy with the product, we will then sign an agreement to confirm that the client is happy with the product in its present state and has been "signed off".
- Once the final payment has been received completing our product, we will then wait until the final payment has cleared into our accounts prior to launching the product. Please note - that launching a product does take time and will need to also be scheduled in.
- Once the product is live, the client will have 28 days to report any bugs (definition above) found. Although we would like to believe that this is not necessary, as we will have undergone thorough testing prior to and immediate after launch.
- Invoices are expected to be paid on the day of invoicing, but we operate a "payment received in our account within 14 days of the invoice date" policy unless otherwise stated on our invoices.
- Alex Reynier Ltd deems it the responsibility of the client to ensure that full payments are made in a timely manner so as to ensure funds have cleared before the due date. Banks often state that it may take up to 5 working days for funds to clear. It remains the responsibility of the client to ensure that sufficient time has been allowed for funds to have cleared before its due date.
- Alex Reynier Ltd reserves the right to remove all discount fees on any given invoice should the invoice payment be recieved later than its due date. Any late payment will be deemed to have forfeit any right to any discount. Any late fees that ensue will be based on the invoice amount excluding any discounts, as described below.
- Alex Reynier Ltd reserves the right to charge a late fee. Under normal practice a late fee of 50% of the invoiced amount (or £500 whichever is more) will be applied automatically at 23:59:59 GMT time on the due date stated on the invoice (if no date is given, this will be deemed to be 14 days after invoice date). Should the amount still remain outstanding 72 hours after its due date, a further fee of 50% of the total invoice, including any prior late fees will be applied per month or part thereof. This additional late fees is cumulative on a monthly basis, and can quickly grow exponentially. The client cannot contest this fee, and we would strongly recommend clients not to commission work unless they have sufficient funds to do so.
SPECIAL OFFERS CONDITIONS
- Special offers are only valid for the customer to which it was offered, is non-transferable, non-refundable and Alex Reynier Ltd is not obliged to validate it.
- Special offers are only valid during the period of 14 days after the quotation date until 14 days after the project has been completed and hence gone live. After such a time, should there still be outstanding fees, we reserve the right to cancel any offers given and charge our normal (NOT DISCOUNTED) rate per hour per type of work done for the client.
- We reserve the right to charge all the hours worked at our normal rates should the client default in payment for any "special offer" deal.
HOSTING TERMS FOR ALEX REYNIER LTD
- Hosting is provided under the normal hosting terms of service, and although required by other services is an entirely separate entity to other services provided.
- Alex Reynier Ltd provides the Services to its customers for a monthly fee. Alex Reynier Ltd will provide You an account on one or more of its dedicated servers, provided, however, You abide by the terms and conditions set forth in this Agreement and in any other agreement pertaining to other services you may purchase. Alex Reynier Ltd reserves the right to modify its network and facilities used to provide the Services for purposes including, but not limited to, accommodating evolving technology and increased network demand, and providing enhanced services. Alex Reynier Ltd shall use reasonable efforts to notify You in advance of any planned changes to Alex Reynier Ltd's network or facilities that may adversely affect the Services provided under this Agreement.
Fees
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Fees for Services ordered by You shall be charged beginning on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
- From time to time it may be necessary to make adjustments in the fees and surcharges charged for the Services in order to cover certain changing costs (e.g., power) incurred by Alex Reynier Ltd in providing the services. Such adjustments will be reflected on the statement or invoice provided to you for the Services, and you agree to pay for the fees and surcharges for the Services, as adjusted.
- Fees are expected to be paid on time, any lateness will be dealt with our lateness clause.
Payment Options
- Alex Reynier Ltd provides several options for payment:
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Paypal on file. When you place a credit card on file with Alex Reynier Ltd, we will, typically, bill the card via Paypal a few days before your invoice is due. If the credit card charge is expired, not authorized or declined by our processing company, we will notify you via E-mail. We request that you update your card promptly. We may under special circumstances accept bank transfer by prior arrangement only. If your invoice remains unpaid more than 3-days past due (from the invoice Due Date) then Alex Reynier Ltd reserves the right to suspend service. Alex Reynier Ltd also reserves the right to terminate service after 5 days past due until payment is received.
- Bank Transfer. The details are written explicitely on all invoices for the hosting
Late Payment
- Alex Reynier Ltd reserves the right to charge a late fee of 50% per service per month per invoice on late payments or £150 per service, per month, per invoice whichever is more. Should the invoiced amount be received in our account within 3 days of the original invoice due date - we reserve the right not to apply any additional fees. Invoices will be automatically considered late once the invoice due date has passed. The client cannot contest that fee.
- In the event you fail to pay your invoice within 3 days of the due date, we reserve the right to suspend and/or terminate your service. We also reserve the right to wipe any data that you have stored with us.
- Should your account be suspended, you will be liable to pay a £150 re-instatement fee which will go up by that amount per delayed month since the invoice due date. The client cannot contest that fee.
- If you are still past due on the 5th day from the due date on the invoice, we reserve the right to terminate your service entirely and reformat your server.
- If you are terminated for non-payment, we also reserve the right to refer your account to a third party collection agency and you agree to pay any collection fees or legal fees we may be charged to collect on your debt.
- Should you be purchasing services from us as part of a company, you, yourself are in fact requesting the service, and not the company entity you may represent. Therefore, you as an individual, will be liable for any outstanding fees and any accrued penalties.
Overage Billing
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"Overage" is defined as usage of the Services provided by Alex Reynier Ltd to You in excess of the allocated limitation. Overages are charged for SAN, Backup, Bandwidth and Professional Services (administrative time) used in excess of the amount allocated to Your account.
- You agree to pay the then-current Overage fees and charges for the Alex Reynier Ltd services, including backup and bandwidth Overage fees, upon receipt of an invoice. Overage rates are normally free up to 10% of your set allowance. Usage information is available in your account and through your Alex Reynier Ltd Account Executive.
- Overage fees can be avoided by subscribing to a higher service plan.
Cancellation and Refunds
- Alex Reynier Ltd is not able to schedule cancellation for a specific time or date. To submit a cancellation request, please contact us at our normal email addresses or business address. When you request cancellation, we will follow this process: We will first contact you to confirm the cancellation and verify that you are authorized under your account to cancel it. Then, we will immediately suspend billing and cancel the server. We are not able to provide scheduled cancellations and all cancellations are effective immediately. Regarding mid-month or mid-period cancellations, Alex Reynier Ltd will not issue pro-rated refunds for cancellations received in the middle of a payment cycle.
- Refunds will not be given on a pro-rated basis for Services provided in a given billing period. Receipt by you of any Services in a given period will obligate you to pay for the Services during that entire billing period.
SUSPENSION OF ACCOUNTS
- Alex Reynier Ltd will endeavour to seek a suitable peaceful solution wherever possible before such an action is taken
- An account may be suspended for any reason without notice should Alex Reynier Ltd considers its reason grave enough for the suspension of accounts
- Alex Reynier Ltd reserves the right to charge a minimum of £150 per late month per service provided for the un-suspension of any account. The client cannot contest that fee. This fee will be in addition to any other fees charged for lateness.
- Upon suspension, the domain name, website content, and emails will remain the property of Alex Reynier Ltd until the reason of suspension is overcome
- Alex Reynier Ltd reserves the right to state the reason of suspension on the main page shown on the domain name(s) suspended by the account suspension
- During suspension, all domain names, emails, website or other content stored on the server will remain the property of Alex Reynier Ltd. until such a time that the situation is resolved.
- Alex Reynier Ltd. cannot be held responsible and are in no way liable for any loss of earnings, damage to reputation, damage to content, damage to SEO rankings, loss of income, loss of clients, or in fact any wrong doing by suspending an account
- upon suspension Alex Reynier Ltd reserve the right to place a simple page explicitly stating the reason for suspension
Terms of Termination and Money Back Guarantee
- You agree to a month to month term for the Services unless otherwise agreed to in writing. The month to month term for services is automatically renewed each month unless either party notifies the other in writing of its desire that the Agreement not be renewed, no later than three (3) days before the next upcoming anniversary date for billing. You may cancel Your account by terminating this Agreement in this manner by contacting the Alex Reynier Ltd billing department.
- Alex Reynier Ltd may terminate this Agreement effective immediately and without notice upon any breach by You of any of the terms of this Agreement. In such event, Alex Reynier Ltd shall have no obligation to refund any fees paid in advance by You.
- At this time, Alex Reynier Ltd does not offer a refund-based MBG of any kind.
Chargebacks and Payment Disputes
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Under this Terms of Service agreement you must first contact Alex Reynier Ltd to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question.
By using our services You agree to the above policy and to contact Alex Reynier Ltd before contacting your financial institution to seek a resolution.
- In the event you dispute charges contrary to this agreement, we reserve the right to refer your account or sell your debt (plus any applicable fees) to a third party collection agency. We also reserve the right to take further legal action against you.
Promotional or Special Offers: Pre-payment Offers
- From time to time, Alex Reynier Ltd may offer discounted pricing for initial introductory periods (e.g., discounted fees for the first months service.) A condition of such discounted pricing may be the requirement that prepayment for a period longer than the introductory period be paid. For example, the first month's service may be offered for a discount, with the standard pricing going into effect during the second month, with a quarterly prepayment being required. Promotional offers are non-refundable and may be removed at any time. These offers may revert to the original fee at any time until payment is made.
Promotional or Special Offers: Other Types of Offers
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From time to time, Alex Reynier Ltd may offer promotional or special offers as sales incentives. These offers may be comprised of discounts, free time, free services, discounted services, trial offer periods and other types of offers. Such offers cannot be combined with other offers unless otherwise stated and are one-time use offers. One offer per client only. Offers are valid only where they are permitted by law. Offers are void where prohibited. Some offers (example: "Three Months Free Load Balancing Service") require You, the Client, to contact Alex Reynier Ltd prior to the expiration of the trial period in order to avoid being re-billed. Offers which provide a discounted monthly rate for a specified period of time will reset automatically to the full monthly rate once the promotional period has passed and You, the Client, agree to pay, in full, the full monthly rate, unless You cancel in advance.
Tortuous Conduct
- Any abuse towards any Alex Reynier Ltd employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing, calling or submitting online tickets to Alex Reynier Ltd. Any cursing, yelling, or further intentional disruptive behavior aimed at Alex Reynier Ltd or its employees shall be considered a violation of this Terms of Service agreement.
- Any threat; whether orally, verbally, in written, via E-mail, via Live Chat, delivered by second parties or delivered in any other way, and directed or indirectly towards Alex Reynier Ltd or any of Alex Reynier Ltd's employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service agreement. Threats of physical violence will be directed to the proper authorities.
- No refunds shall be given when the above Tortuous Conduct clause is violation and necessitates the termination of an account or services.
- In cases where any employee feels the threat has caused any damage you will be liable to pay all fees for the therapy required without any exceptions, you may also be liable to pay a compensation fee no less than £5,000
License to Host
- You hereby grant to Alex Reynier Ltd a non-exclusive, royalty-free, worldwide right and license during the term of this Agreement to do the following to the extent necessary to provide the Services under this Agreement: (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink any content uploaded by You; and (b) make archival or backup copies of content uploaded by You to the Alex Reynier Ltd servers. Alex Reynier Ltd shall have the right, but not the obligation, to make backup copies of the data uploaded by You to the Alex Reynier Ltd servers. You are responsible for any of your content residing on Alex Reynier Ltd's servers and for the backup thereof.
Storage and Security
At all times, You bear full risk of loss of any content and software you place on the Alex Reynier Ltd servers. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server.
Alex Reynier Ltd does not undertake any obligation to provide management or security services unless you specifically request it to do so. If any technology specifically associated with your account requires updating, You must make a request for such update through Alex Reynier Ltd's ticketing system.
You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; and (iii) ensure the security, confidentiality and integrity of Your content transmitted through or stored on Alex Reynier Ltd servers. Alex Reynier Ltd shall have no liability to You or any other person for loss, damage or destruction of any of Your content.
Uptime Guarantee
"Uptime" refers to the amount of time the Services are available, as measured solely and only by Alex Reynier Ltd's internal monitoring systems. "Downtime" refers to the amount of time the Services are unavailable, as measured solely and only by Alex Reynier Ltd's internal monitoring systems. Alex Reynier Ltd guarantees that its Networking and Connectivity services will be available 100% of the time. In the event such level of service is not provided, Alex Reynier Ltd will credit your account in an amount as determined in the chart below, reflecting credit percentages of the monthly fees paid by You to Alex Reynier Ltd for the Services, but not payments made for any of the following products and services: domain name registration, software licenses, IP address charges, set up fees, shipping and handling, SSL certificate fees, labor charges, and other services which are unrelated to Uptime.
- 1. 100% will result in a credit of: 0%
- 2. 99.1% to 99.9% will result in a credit of: 5%
- 3. 98% to 99% will result in a credit of: 10%
- 4. 95% to 97.9% will result in a credit of: 25%
- 5. 90% to 94.9% will result in a credit of: 50%
- 6. 89% or below will result in a credit of: 100%
To receive a credit, You must make a request by sending an email message to billing@Alex Reynier Ltd.com. Each request in connection with this Agreement must include the dates and times of the Downtime, the name and IP address of the server or servers which experienced the Downtime. The request must be received by Alex Reynier Ltd within ten (10) business days after the incident of Downtime. If the unavailability is confirmed by Alex Reynier Ltd, credit will be applied to Your Alex Reynier Ltd account within thirty (30) days of receipt of Your credit request.
The total amount credited to You in a particular month under this Agreement shall not exceed the total amount of fees paid by You for such month for the affected Services. Credits are exclusive of any applicable taxes charged to You or collected by Alex Reynier Ltd and are Your sole and exclusive remedy with respect to any Downtime.
The provisions of the Agreement pertaining to Force Majeure are unaffected by these terms referring to Uptime Guarantee. Moreover, downtime caused by any of the following shall not result in any obligation by Alex Reynier Ltd to provide credit to You:
- 1. emergency maintenance
- 2. scheduled maintenance
- 3. system upgrades
- 4. domain name system (DNS) problems outside of Alex Reynier Ltd's control
- 5. issues with FTP, POP, IMAP, or SMTP customer access
- 6. Acts or omissions by You or any of Your employees or agents, resulting in downtime
- 7. Any negligence, willful misconduct, or use of the services in breach of Alex Reynier Ltd's Acceptable Use Policy
- 8. Problems with users' web browsers, DNS, or other caching that might make it appear the Services are unavailable even though others can still access the Alex Reynier Ltd servers.
Hardware Replacement Guarantee
- Alex Reynier Ltd strives to maintain the integrity of the hardware used to provide its services, and any Downtime caused by hardware failure shall be credited pursuant to this Agreement. Alex Reynier Ltd maintains a stock of all essential hardware necessary to provide the Services. Alex Reynier Ltd shall replace any and all substantially malfunctioning hardware within 1 hour of Alex Reynier Ltd becoming aware of such substantial malfunction.
- The amount of time for replacement of hardware shall be measured from the moment that Alex Reynier Ltd determines that the hardware must be replaced, and does not include time spent diagnosing the problem, researching other solutions, investigating the cause of the failure or time spent installing software, restoring backups or other, similar situations.
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In the event that Alex Reynier Ltd fails to meet this hardware replacement guarantee, Alex Reynier Ltd will issue, to You, account credits in the amount of 10% of the base monthly server rent for each hour after the first hour of the monthly service fee for the server in question to a maximum of 50% of the cost of the server itself (excluding any management, upgrades or additional services associated with the server in question.)
- To receive a credit, You must make a request by sending an email message to billing@Alex Reynier Ltd.com. Each request in connection with this Agreement must include the dates and times of the hardware replacement situation, the name and IP address of the server or servers which experienced delayed replacement. The request must be received by Alex Reynier Ltd within ten (10) business days after the incident. Upon confirmation by Alex Reynier Ltd, credit will be applied to Your Alex Reynier Ltd account within thirty (30) days of receipt of Your credit request.
Acceptable Use
You agree not to use the Services to:
- - upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- - administer IRC;
- harm minors in any way;
- impersonate any person or entity;
- "stalk" or otherwise harass another person;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes;"
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
Zero Tolerance Policy for Unsolicited E-mail/Black Listing
"Unsolicited E-mail Complaint" is an occurrence of a third-party complaint regarding a specific E-mail communication message sent by You. "Unsolicited E-mail Incident" is an occurrence of a single E-mail message which may have been sent to multiple E-mail addresses. An Incident may contain numerous Complaints. Incidents may contain Complaints received up to 24 hours after the first. After 24 hours, a new Incident will be opened.
Black Listing: "IP Black Listing" is an occurrence when a third party black listing service determines that a Alex Reynier Ltd issued IP address is a frequent source of Unsolicited E-mail. Black Listings result in the IP address (or multiple IP addresses in the same "IP range") being unable to send E-mail to certain third parties.
Alex Reynier Ltd has designed this portion of this Agreement to comply with the United States CAN-SPAM Act (the "Act".) The Act states that commercial E-mail must be solicited, an effective, visible and clearly defined un-subscription process be in place, that every E-mail message sent be sent from a valid address, without any form of IP or source spoofing, that every E-mail message sent contain the physical contact information of the sender, that every recipient of such E-mail messages has requested to receive such E-mails and that the messages and method in which they were sent comply with the other provisions of the United States CAN-SPAM Act.
Zero Tolerance for Black Listing: Alex Reynier Ltd has a Zero Tolerance policy regarding Black Listings and considers any attempt to send Unsolicited E-mail Messages or other forms of Spam E-mail (including "Spamvertising" other websites or services or products) to be violations of this Agreement. If an IP address assigned to You is found to be Black Listed, Alex Reynier Ltd reserves the right to discontinue your services immediately with or without warning.
Furthermore Alex Reynier Ltd will levy a Black Listing processing fee of £500 for the first instance of IP Black Listing and $400 for the second instance of IP Black Listing (collectively, the "Penalties".) If your service is terminated under the Unsolicited E-mail Policy then you forfeit all fees paid, including pre-paid fees and unused time. All fees paid become non-refundable. Further, account termination does not absolve or nullify Penalty payments you may owe to Alex Reynier Ltd. Further, you may accumulate additional Penalties based on complaints received after your termination. This section of the Agreement will survive for a period of one year after this agreement is terminated.
DMCA Notice Policy
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Alex Reynier Ltd. respects the intellectual property of others, and we ask our users to do the same. Alex Reynier Ltd may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Alex Reynier Ltd's Copyright Agent the following information:
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1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- 2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
- 3. a description of where the material that you claim is infringing is located on the site;
- 4. your address, telephone number, and email address;
- 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- 7. a proof of your identity in the form of a government issued id will be required for your claim to be considered - we require a recent photograph with the letter you are sending us to confirm your identity.
- 8. a fee paid in full of £550 +vat for our investigation of the matter, which if proven to be in your favour, may be refunded upon its payment by the infringer. We reserve the right to keep any payments made to us for our investigation should we deem it necessary in order to recover our costs incurred by the investigation.
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Alex Reynier Ltd's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
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By CERTIFIED mail:
Alex Reynier Ltd.
39 Cadogan Square
London, SW1x 0HU
England, UK
WHILE EVERY ATTEMPT WILL BE MADE TO PROCESS YOUR REQUEST WITHIN THE SHORTEST POSSIBLE TIME PERIOD, DUE TO WORKLOAD PLEASE ALLOW UP TO 15 BUSINESS DAYS FOR PROCESSING.
Privacy Policy
This is the web site of Alex Reynier Ltd.
Our postal for legal and privacy issues is address (headquarters:)
Legal Dep.
Alex Reynier Ltd.
39 Cadogan Square,
London, SW1x 0HU,
England, UK
For each visitor to our Web page, our Web server automatically recognizes only the consumer's domain name, but not the e-mail address (where possible). We collect only the domain name, but not the e-mail address of visitors to our Web page, user-specific information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations. The information we collect is used for internal review and is then discarded, used to improve the content of our Web page, used to customize the content and/or layout of our page for each individual visitor.
With respect to cookies: We use cookies to ensure that visitors are not repeatedly sent the same banner ads.
With respect to contact forms and free demo account forms: We will contact you using the information you provide us on our contact forms for the purposes stated on the form. If you sign up for a free demo account, we will contact you for some additional information we need to setup the demo account. This information includes any of the following that may be omitted from a short request form: Your full name, Your street address, Your fax number, Other contact information about You and general survey questions we may have. If you do not wish to provide this information or decided that you did not want the free demo then please let us know and we will not contact you further. If you do accept the demo offer then we may follow up with you in a few days to see what you thought. Our demo offers, such as our my account demo offer, is valid for a short time and each demo account will expire after 5 business days of being active. Our agents may ask you if you wish to transfer service to Alex Reynier Ltd during the course of your demo. If at any time you wish for us to delete your demo account and cease contact with you simply request so by contacting us and letting us know via E-mail.
If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at the above address.
If you supply us with your postal address on-line you will only receive the information for which you provided us your address.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will contact you before we use your data for these new purposes to notify you of the policy change and to provide you with the ability to opt out of these new uses.
Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them. Consumers can access this information by e-mail us at the above address.
With respect to security: We always use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site.