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ICCM, provides web hosting to a large number of clients. We have a responsibility to protect each client and provide the best services available. The following guidelines have been established to insure this intent is met.
ICCM ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). From herewith in this TOS and AUP (Acceptable Use Policy), the usage of "us", "we", "our", "ours" shall constitute reference to ICCM, the usage of "you", "your", "they", "them" shall refer to client / customer of ICCM.
Use of company services constitutes acceptance and agreement to the company's AUP as well as the company's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of ICCM and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Disclosure :
The AUP specifically prohibits the use of our service for illegal activities. The Company will only disclose subscriber information including assigned IP numbers, account history, account use, etc. to a law enforcement agency or official that provides an authentic court order.
IP Ownership :
If we assign a Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to us, and Customer shall have no right to use that Internet Protocol address except as permitted by us at our sole discretion in connection with the Services, during the term of this Agreement. We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by us, and we reserve the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies.
Contact & Billing Information :
You must provide us with, and keep current, good contact information for your account. E-mail and telephone contacts are required, fax contact information is not mandatory.
Domain Registrations and New Orders :
You are also requesting us to register a domain name for you when selecting "new domain" in the order form of our website. We will use the appropriate domain name registrar to register such services for you on your behalf and ensure the correct name servers are used saving you time and money. All domain registrations are NON-REFUNDABLE. This is because a non- refundable fee must be paid by ICCM to the registrar. A place holder registration page will be
available to your domain name following registration. The client agrees to abide by the terms and conditions of the respective registrar of the top level domain(Tld) which they have registered. It is the clients responsibility to ensure that they have familiarised themselves with the terms and conditions of the relevant Tld registrar prior to placing an order to register a domain name.
Free Domain Offers :
Domain names will be transferrable only after the 30 day Guarantee period has ended, free domain names or domain names purchased as part of a bundled service remain the property of ICCM and cannot be transferred.
Billing and Fees:
Subsequent payments are due on the date of the renewal for that month's service. Accounts not paid by due date may be subject to a €7.50 late fee. Service will be suspended on accounts that are overdue. Suspended service for nonpayment is subject to a €10.00 reconnection fee. Service will be terminated on accounts that reach 15 days past due. If any terms or conditions are failed to be followed the account in question will be automatically deactivated. All credit card accounts are to be automatically billed on their anniversary date unless otherwise requested by the client. ICCM are not responsible for any fees charged to the client by their bank or other financial organisation as a result of the client's account being invoiced.
Disputes and Failure to Pay:
All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in ICCM's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay an "Administrative Fee" of not less than €50 and not more than €150. The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
30 Day Guarantee :
All hosting plans are entitled to an unconditional 30 day money back guarantee. This guarantee begins the day we receive payment from you. If you wish to cancel your account and receive a full refund within 30 days of the date you signed up, please send us an email or letter containing your account details and the hosting plan that you wish to cancel, the email should contain the word "cancellation" in the subject field. Emails will only be accepted from the email addresses you have listed on your account profile. This 30 days does not include extra services you contract us to process such as add-ons, name servers, programming work, web design, maintenance or domain name registration. The refund does not include any set up fee that may have been charged. Monthly payment packages are not eligible for a refund.
Refunds :
Domain name registrations are non-refundable. Refunds or returns are for credit only unless you qualify for the 30 day guarantee. We will process and apply credits or refunds within 30 days of submission. Refunds for annual plans will be treated as pro-rata monthly terms. The annual account rate will be adjusted to the monthly rate, past and current usage deducted at that rate, and the remainder returned.
Cancellation :
All cancellations must be sent in writing by email, fax or hard copy. You must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable unless you're canceling within the 30 day guarantee period. This does not include any added support or service fees you have contracted us to provide. You are obligated to pay for your account even if you do not use it. Because we have provisioned services and provided you with details you have the ability to use your account. An unused account still uses system resources that could be used for other customers as well as creating an administrative overhead for ICCM . If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. We apply a €20.00 collection fee to cover our costs in attempting to collect your debt. If our internal collection efforts fail, we reserve the right to turn the account over to a 3rd-party (either collection agency or legal) for further action. We reserve the right to report your unpaid balance to credit status agencies. Unpaid invoices may effect your credit rating. If client disputes justified charges by provider on his credit card (chargeback), provider has the right to charge a €25 administration fee in addition to late fees and immediately discontinue the service. We do not offer refunds for services after the initial thirty (30) days of service.
Cancellation of Domain Name Registration:
Once the domain name registration process has started, it may be cancelled by you subject to you paying any fees and/or administration costs incurred by us on your behalf.
You are entitled to cancel an order for a domain name prior to the registration being completed, subject to a cancellation charge of €5 plus VAT.
Refund requests following cancellation are generally dealt with and processed on a monthly basis. Where you have paid by credit/debit card ICCM will issue the refund to the credit/debit card. If this is not possible, a cheque will be sent to the name and address featured on your account.
Registration criteria for .ie domain names are displayed on the .ie domain name terms page, www.iccmhosting.com/pages/ie.php
Where you have chosen not to renew a domain name with an international tld, the domain registrar may require you to complete and submit a cancellation form before the domain name can be cancelled.
ICCM will forward to you any form(s) for signature and you must return these to ICCM. You accept that it shall be your responsibility to ensure that ICCM is in receipt of the completed form.
Failure to complete and return the cancellation form to us will result in the international domain name being renewed by the registrar. Any costs that the registrar may impose will be invoiced to you and should be paid promptly. We reserve the right to engage a third party debt collection agency in order to obtain any outstanding monies.
You accept that the international domain name will not be cancelled until such time as the registrar is in receipt of the completed cancellation form and that you will be responsible for all costs in relation to the international domain name until such time as the registrar has confirmed that the international domain name has been cancelled.
SLA and Credit for uptime :
All users are subject to the terms off this TOS (terms of service), our AUP (acceptable use policy). Premier Hosting Plan clients are entitled to the benefits and guarantees included in our SLA (service level agreement).
Liability and Warranty :
We are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. ICCM denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. You further acknowledge that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Transfers:
Any request to transfer a domain name from us to a new provider must be done from the email address listed on your ICCM account. The client must also provide any additional information that we may reasonably request.
Where the transfer of a domain name has been effected by your new registrar or hosting company, then subject to your compliance with the terms herein, ICCM will co-operate with the new provider to allow the transfer to occur.
The transfer to another service provider can only take place where your account does not owe ICCM any outstanding amount in respect of our domain name or hosting services or other applicable services, where you pay any applicable transfer fee to us and where you have provided us with all necessary information to effect the transfer. It is your responsiility to ensure that all information provided is correct and up-to-date.
On receipt of a transfer request, we will endeavour to process the transfer request within a reasonable timespan, but can not be responsible for any delay due to acts or omissions on the part of the domain name current provider or new provider (as applicable) or the domain name registry / registrar.
If you require us to effect a change of registrant, we will advise you of the procedure and cost which is dependent on the domain tld type.
Where a domain name has been provided to you as part of one of our bundled services, the domain name is registered in the name ICCM and you are licencing it from us (not applicable to .ie domains). Our charge which is payable if you wish to buy the domain name or transfer it to another service provider, is dependent on the domain name tld type and is available on request.
Where you require ICCM to change or update the DNS information for a domain, an administration charge will be payable which is dependent on the domain tld type and is avaliable on request. If at any time the domain name needs to be moved from one account and associated with another account held with ICCM then authorisation will be required from the owner of the original account and from the legal registrant for the domain name.
When requesting the transfer of any domain name to our management, you acknowledge that:
The domain name has been unlocked (if applicable) and the current provider is aware of, and willing to approve, the transfer.
Submission of a domain name transfer request to us does not guarantee that the transfer will be successful.
ICCM offers a fully manged service for domain names, to protect the integrity and security of our domain name database all changes to a domain name must be placed via the ICCM client support
system. You agree that ICCM will be registered as the Administrative Contact for all domain names registered for you or held on your behalf.
Once we start processing the domain registration or other domain related request, it may be cancelled subject to the client paying ICCMs full fees and any administration costs incurred by ICCM on your behalf. For the avoidance of doubt, any fees paid will not be refunded.
You are entitled to cancel an order for a domain name if we have not started processing the order, subject to your paying a cancellation charge of €12 plus VAT.
Until such time as you receive a transfer completion notice, management of the domain name(s) being transferred remains your sole responsibility. This includes meeting renewal deadlines and paying any amounts owed to the existing domain name provider.
The transfer window is valid for 30 days. If, after 30 days, the domain name transfer has not completed the domain will be locked and a new transfer request will haev to be submitted vis the support system or the email address associated with your ICCM account.
Refusal of Service :
We reserve the right to refuse, cancel, or suspend service if any of our terms and conditions are broken, arbitration is at our sole discretion.
Modifications :
These terms may be subject to modification. All users are always subject to the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of service and other policies at all time. It is our responsibility to provide these policies in a ready and readable form. We will, when possible, elect to notify clients of updates or changes to our policies in various mediums available including but not limited to; email, forums, ticket systems, and chats.
Website Development:
Website Development: CONFIDENTIALITY:
Client and ICCM may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
1. is already known to the party to which it is disclosed;
2. is or becomes part of the public domain without breach of this Agreement;
3. is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement
Website Development: PAYMENT SCHEDULE:
Payment shall be made by Client to ICCM within 30 days of the invoice being issued by ICCM to Client.
Website Development: DUE DATES:
ICCM agrees to deliver samples of design. ICCM will make every effort to meet the agreed upon due dates. Client shall be aware that failure to submit required information or materials may cause subsequent delays in the production and delivery of Project Work.
WEB DEVELOPER CREDITS:
Client to allow web developers credits, Client shall allow ICCM to claim credit for services rendered by placing a small link at the bottom of Client’s web page.
ASSIGNMENT OF WORK:
ICCM reserves the right to assign other equally experienced designers, developers or subcontractors to the Project Work to ensure quality and completion by due dates.
Website Development: RESERVATION OF RIGHTS:
All rights not expressly granted hereunder are reserved to ICCM, including but not limited to all rights in sketches, comps, demo-screens and development resources.
Website Development: PERMISSIONS AND RELEASES:
Client shall indemnify and hold harmless ICCM against any and all claims, costs and expenses, including legal fees, due to materials included in the Project Work at the request of Client for which no copyright permission or previous release was requested or uses which exceed the uses permitted pursuant to a permission or release.
Website Development: COPYRIGHT NOTICE:
Copyright on code and design elements is in ICCM’s name. Web site domain names and Client logos or trademarks are in the name of Client.
Website Development: TERMINATION:
Either party may terminate Agreement by giving 30 days written notice to the other of such termination. In the event that Project Work is postponed or terminated at the request of Client, ICCM shall have the right to bill pro-rata for Project Work completed through the date of Client’s request for postponement or termination, while reserving all rights in accordance with the terms and conditions of Agreement. Payment shall be payable within 30 days of the date that invoice is issued by ICCM to Client. In the event of termination by Client, Client shall also pay any expenses incurred by ICCM and ICCM shall own all rights to Project Work. Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
Client and ICCM are independent parties and nothing in the terms and conditions of Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither Client or ICCM has any authority to assume or create any obligation or liability, either expressed or implied, on behalf of the other.
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