Terms and Conditions - Web Hosting / Domain Registration

By submitting the online order form, or by using Vella Technology’s service, Customer hereby agrees to Vella Technology’s Terms and Conditions, Acceptable Use Policy (AUP), No Spam Policy (NSP), and Privacy Policy.

Unless otherwise specified, in this Terms and Conditions, the AUP, the NSP, and the Privacy Policy, the usage of “us”, “we”, “our”, and “ours” shall refer to Vella Technology. The usage of “you”, “your”, “they”, and “them” shall refer to the Customer of Vella Technology.

Customer agrees that it shall comply with this Terms and Conditions, Vella Technology’s Acceptable Use Policy (AUP), and Vella Technology’s No-Spam Policy (NSP). Customer further agrees that it has read Vella Technology’s Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word “Agreement,” with a capital “A,” refers to the Terms and Conditions, the AUP, the NSP, and the Privacy Policy collectively.

1. General Terms.
In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:

• 1.1. Customer agrees to pay, in advance of each annual service term, for hosting services to be rendered.
  
  
• 1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order Vella Technology’s service for a certain minimum period of time.
  
  
• 1.3. Non-Payment of services shall result in a 7-day notice of disconnection. All payment failures must be cured within 7 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 30 days.
  
  
• 1.4. Vella Technology is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for Vella Technology’s services.
  
  

2. Agreement for Services.

• 2.1. Vella Technology will provide, and Customer will purchase and pay for, the Web hosting services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.
  
  

3. Payment.

• 3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to Vella Technology.
  
  
• 3.1.1. Customer must pay in full for the Services before Vella Technology begins to provide the Services to Customer.
  
  
• 3.2. Payment is due on the defined annual recurring billing date of each year. Service will be interrupted on accounts that reach 7 days past due. Accounts that are not collectable by Vella Technology may be turned over to an outside agency for collection.
  
  

4. Delinquent Accounts.

Vella Technology may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which Vella Technology may be entitled under this Agreement or under applicable law.

5. Account Cancellation.

Customers may voluntarily cancel their account at any time, for any reason or for no reason, by contacting Support.

Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees.

PayPal paying customers cancelling their PayPal subscription payment does not warrant cancellation of service. All cancellations must go through us. Customer can terminate their account for any reason or for no reason. Vella Technology will refund any full unused months on cancellation.

6. Refunds and Disputes.

All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in Vella Technology's sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.

Without waiving any of its other rights under this Agreement, Vella Technology offers to its Customers a 14-day money-back guarantee on fees for hosting services only (the “14-Day Guarantee”). If for any reason you cancel your account by contacting support within fourteen (14) days of the beginning of your service, Vella Technology will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 14-Day Guarantee. If you have ever previously obtained a refund under the 14-Day Guarantee, your account will be canceled, but no money will be refunded to you.

Please note that the amount refunded to you will be the amount you paid for hosting services only, and will not include any of the following fees:

• Setup fees,
  
  
• Fees for domain name registrations,
  
  
• Fees charged for exceeding your allotted disk storage space or bandwidth,
  
  
• SSL certificate fees,
  
  
• Web design fees,
  
  
• Web site marketing fees,
  
  
• Any add-on services, features, software, and
  
  
• Any other fees for services involving a third party.
  
  

The 14-Day Guarantee is subject to all of the following limitations:

• You are entitled to a maximum of one (1) 14-Day Guarantee.
  
  
• If you do not cancel your account within fourteen (14) days of the beginning of your service, your right to the 14-Day Guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of Vella Technology.
  
  
• You may not transfer or assign the 14-Day Guarantee to any third party.
  
  
• You agree that you will not circumvent the restrictions on the 14-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
  
  
• Creating multiple accounts, using the same customer name or different customer names;
  
  
• Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
  
  
• Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
  
  
• Knowingly providing false or misleading information when you register for your account; or
  
  
• Requesting a refund under the 14-Day Guarantee at any time after you have already received a refund under that guarantee.
  
  
• If you violate any provision of any of the following policies of Vella Technology, you will not be eligible for the 14-Day Guarantee:
  
  
• Terms and Conditions;
  
  
• Acceptable Use Policy (AUP); or
  
  
• No-Spam Policy (NSP).
  
  

Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 14-Day Guarantee. The 14-Day Guarantee applies to your first order of Web hosting services from Vella Technology and does not apply to any changes to your service at any time.

7. Customer agrees not to engage in any activity that violates any international or local laws applicable to the service terms described in this Agreement.

8. Vella Technology reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:

• 8.1. the Acceptable Use Policy, or
• 8.2. the No-Spam Policy.
  
  

9. Backups.

• 9.1. In order to allow us to provide the best service to you, Vella Technology accounts are backed up daily and weekly. However, these backups are intended for Vella Technology’s administrative purposes only, to allow us to provide excellent service to our customers. As part of its commitment to first-rate customer service, Vella Technology always seeks to create complete and accurate backups of customer accounts.
  
• 9.2. Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, Vella Technology DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.
  
• 9.3. Customers are responsible for maintaining their own backups on their own personal computers or other computers.
  
• 9.4. Vella Technology does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that Vella Technology’s backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of Vella Technology or any of its employees or agents, and regardless of whether Vella Technology had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.
  
• 9.5. In the event that you need to recover data from a backup, Vella Technology will use reasonable efforts to restore data to your account from the appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS. AGAIN, Vella Technology DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS.
  
• 9.6. You understand and agree that Vella Technology’s backup policy does not create any warranties for whose breach Vella Technology can be held liable.
  
  

10. Customer agrees to defend, indemnify, and hold harmless Vella Technology, and the parents, subsidiaries, successors, assigns, employees and agents of Vella Technology against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.

11. VELLA TECHNOLOGY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF VELLA TECHNOLOGY’S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR

11.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.

12. VELLA TECHNOLOGY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. VELLA TECHNOLOGY DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND VELLA TECHNOLOGY SHALL HAVE NO LIABILITY THEREFOR.

13. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VELLA TECHNOLOGY DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.

14. VELLA TECHNOLOGY DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.

15. No Waiver of Rights by Vella Technology.
Any failure by Vella Technology to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of Vella Technology’s rights.

16. Entire Agreement.
This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and Vella Technology, and supersedes any prior or previous agreements between you and Vella Technology with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which Vella Technology notifies you from time to time, pursuant to this Agreement.

17. Force Majeure.
Vella Technology shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of Vella Technology.

18. Severability of Terms of this Agreement.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.

19. Limitation of Actions Arising Under this Agreement.
Any cause of action you may have with respect to Vella Technology’s performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.

20. Denial of Service
Vella Technology reserves the right to refuse or discontinue service to anyone at our sole discretion.

Terms and Conditions - Web Design

1. Definitions
"VWD" means Vella Web Design of Nevella, London Road, Feering, Essex. CO5 9ED
"Customer" means any person, company, partnership, organisation or body at whose application, VWD agrees to provide the Services under the terms of the agreement.
"Agreement" means the contract between VWD and the Customer to which these conditions will apply.
"Services" means the design of a Website in accordance with the Customer’s specification
"Order" means confirmation by the Customer of its acceptance of the quotation given by VWD

2. The Contract between you and VWD
2.1 You are invited to buy the Services from VWD. If you wish VWD to provide the Services to you , you will need to confirm your Order whether verbally or in writing following receipt of VWD’s quotation for the design of the website in accordance with your specification. The Services will be subject to these Terms and Conditions.
2.2 The Order must be accompanied by a deposit of 15% of the Price.
2.3 A binding contract will only arise when VWD has received your Order and deposit from you. You should only confirm your Order to VWD if these Terms and Conditions are acceptable to you without modification.
2.4 Our charges for any Services ordered by you will be based upon the quotation submitted to you prior to the placing of your Order.

3. The Services
3.1 VWD will design and build a website for the Customer based around images and text provided by the Customer.
3.2 Depending on the package chosen, VWD will decide once we receive back a fully completed application form what work can be performed for the budget that the customer has. For example, if a basic package has been requested we will decide what can be provided based on the information the customer provides, which could be one complicated page, or more pages, but with a more simple design.
3.3 We will provide the customer with a concept design and layout once work starts for approval. Should this concept be rejected we agree to provide a further 2 concepts. Should the customer still not like the designs we reserve the right to cancel the contract keeping back any deposits paid. The customer will have option of paying an agreed price to produce more concepts should they so wish.

4. Performance of the Services
4.1 VWD will use its best endeavours to complete all Services within any agreed timescale or within a reasonable period.
4.2 The design and building of the website will commence upon the receipt of the deposit and the provision of the images and text by the Customer and will be completed when the Customer gives written notice to VWD of approval of the website.
4.3 Time shall not be of the essence.
4.4 On completion of the Service, the website will be uploaded to a temporary URL for approval by the Customer.
4.5 VWD reserves the right to delay uploading of the approved website to its hosting server or supply of the website files to the Customer for use on any hosting server other than that provided by VWD until full payment has been received.
4.6 Any web site designed by VWD is designed to fully function with VWD's hosting service. VWD recommends that the Customer's domain name is transferred to Vella Technology's hosting service but, should the Customer host their domain name elsewhere, VWD will provide the required files to the Customer; VWD is not responsible for uploading or implementation of the website on any hosting service other than that provided by Vella Technology.

5. Payment
5.1 Upon acceptance of the Customer’s Order by VWD the full cost of the selected Service shall be due and payable.
5.2 A minimum deposit of 15% of the Price will be made with the Order.
5.3 The balance of the Price including any additional fees for Services provided shall be paid upon completion of the Services. The website will not be transferred to the permanent server until payment in full has been received.
5.4 VWD will accept written notice of termination of the Agreement but will not be required to make any refund to the Customer or give credit for any uncompleted element of the Services.
5.5 Any unpaid balance as at the date of termination shall be immediately due and payable and VWD shall be entitled to recover payment upon demand.
5.6 VWD accepts single payments by cheque (payable to "Vella Technology"), Visa, MasterCard, Delta or Switch (although we reserve the right to decline payment in any of these forms without notice to you) and bank transfer. VWD reserves the right to withdraw any payment methods at any time.

6. Intellectual Property Rights
6.1 All intellectual property rights in the website, its functionality, and any design work, documents or drawings are vested in and at all times remain the property of VWD.
6.2 The Customer acknowledges that VWD may and is by the Agreement licensed to use any information provided by the Customer to enable VWD to produce the website.
6.3 Certain images provided by VWD may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a website. The licence may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.

7. Your Obligations to Us
7.1 The Customer will promptly provide to VWD (free of charge) any information that VWD may reasonably require to enable VWD to proceed with its obligations under the Agreement.
7.2 The Customer shall be responsible for ensuring that all material provided to VWD is accurate and is either owned by the Customer or that the Customer has permission of the owner for the material to be used in relation to the provision of the Services.
7.4 The Customer will be responsible for ensuring that any content contained within the website that we design is legal under English Law.
7.3 The Customer acknowledges that it will indemnify VWD in respect of any losses, costs or claims incurred by VWD as a result of any breach by the Customer of this obligation.
7.4 The Customer shall promptly pay to VWD all payments due under the Agreement.

8. Our Liability to You
8.1 VWD’s obligation is limited to the provision of the Services.
8.2 Whilst VWD believes that the website will benefit the Customer VWD gives no express or implied warranty as to the effectiveness of the website as a mode of benefiting the Customer.

9. Termination
VWD shall have the right to terminate the Agreement if:
9.1 The Customer shall be in breach of its obligations to VWD
9.2 The Customer shall fail to approve the website without reasonable cause within a reasonable period.

10. Governing Law and Jurisdiction
10.1 The Agreement shall be given by and interpreted in accordance with English Law.
10.2 VWD and the Customer acknowledge that the Courts of England shall have exclusive jurisdiction to settle any dispute which may arise in connection with the Agreement.