Disclaimer

This site and its contents are provided on an “as is” basis and RB Web Development (RBWD) makes no representations or warranties of any kind with respect to this site and its contents. RBWD disclaims all such representations and warranties, including warranties about the accuracy, completeness or suitability for any purpose.

Neither RBWD nor any of its employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims to third parties.

Even if data encryption is used, the security of information transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by users who transmit information by electronic means shall be borne solely and exclusively by such user and in no event shall any such losses in whole or in part be borne byRBWD.

RBWD will make every effort to ensure that the information on its website is accurate. However, RBWD cannot guarantee this, and accepts no liability for any information given via this website.

Our refund policy

1. Refunds will not be issued for those who break our Terms and Conditions or Acceptable Use Policy

2. Domain names are non-refundable.

3. Any website design or development costs, setup fees incurred, deposits or initial part payments of any kind are non-refundable.

4. Customers will receive a full refund for all services if notice of the cancellation is received up to 30 days from the initial receipt of the service. Excluded from this are the non-refundable items listed above.

5. Cancellation requests received after 30 days from the initial receipt of service will be refunded as follows:

– Customers will receive a pro-rata refund for any unused service period.

When purchasing goods or services through this website, if an error is made by RBWD, a full and immediate refund will be made.

Terms & Conditions

  1. www.rickbaines.com is a site operated by RB Web Development (“we”, “us” and “our”).

  2. By placing an order through our website, email, phone or in person, you warrant that:

    2.1 You are legally capable of entering into binding contracts; and
    2.2 You are at least 18 years old
    2.3 If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.

  1. After placing an order, you will receive acknowledgement from us accepting your order and, if appropriate, letting you know that the Domain Name or Hosting Service you have purchased has been registered or activated (“Acceptance Confirmation”). Your order constitutes an offer to us to buy our Services and all orders are subject to acceptance by us. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.

    The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed in a separate Acceptance Confirmation.

  2. If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Protection (Distance Selling) Regulations 2000 allow you to cancel the Contract at any time within seven (7) working days, beginning on the day after you received the Acceptance Confirmation. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000.

    This provision does not otherwise affect your statutory rights.

  1. Please remember that you must pay for your services on time. If you do not our system will automatically delete domain names, and disable web hosting accounts and add-ons the day after renewal is due. Please note that non-payment of hosting accounts does not constitute cancellation.

    Unless specified otherwise in payment terms, payment for website packages becomes due on the earlier of: 1) the date of website publication or 2) 3 months following commencement of work.

    We reserve the right to charge interest on overdue payments at a rate of 8% p.a. (per annum).

  2. Prices are liable to change at any time. We will notify you of a change in our prices at least thirty (30) days before the price increase comes into force. Any such price increase will not be effective until the Minimum Term expires. If you do not agree to such price changes, please cancel your Services. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to your account.

  3. You are responsible for making all arrangements necessary for you to have access to our Hosting Services. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions (and in particular our acceptable use policy) and that they comply with them.

  4. We will use our reasonable endeavours to make our servers available to you as part of the Hosting Service you purchase for ninety-nine point nine-nine (99.99) per cent of each calendar month. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum. We shall make all commercially reasonable efforts to provide you with advanced notification of all scheduled and emergency outages through the system status page http://www.webhostingstatus.com on our website and through our newsletter.

    Service credits are not given for any form of downtime or service unavailability.

  1. You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you, and any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.

    If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.

    You agree that you shall have no right, title or interest to any IP address upon expiry or termination of the Services, and that the acquisition by you of a new IP address following expiry or termination of the Services shall be solely your responsibility.

  2. With the exception of creative works by RB Web Development, or in circumstances where regular backups are agreed as part of a maintenance contract, it is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload (or permit to be uploaded) onto our servers (“Material”) as part of your use of the Hosting Services. In the event of loss of or damage to your Material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.

    We will follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our servers (including your Material) from the latest back-up we maintained in accordance with our archiving procedure. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.

  3. The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out in our contract at the time of your order. However, any mailboxes that have not been accessed for one hundred (100) clear days will be automatically deleted from our system.

  4. When using the Services, you must comply with our acceptable use policy and these are incorporated into the Contract by reference. Any conflict between these will be resolved in favour of our terms and conditions.

    We shall be entitled to terminate the Contract, or suspend or terminate the provision of any individual Services, if you are in breach of our acceptable use policy.

  5. Our support team will help resolve any problems you have with the Services you are receiving.

  6. Domain Names:

    14.1 Where the Contract includes our Domain Registration and Renewal Service:

    14.1.1 we will endeavour to procure the registration of the domain name you request;

    14.1.2 we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name;

    14.1.3 we shall not act as your agent or on your behalf in any dealings with domain name registry;

    14.1.4 the registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should obtain and consider http://www.heartinternet.co.uk/terms/hi-terms.html;

    14.1.5 you are responsible for ensuring that you are aware of the terms referred to in clause 14.1.4 so that you can comply with them; 14.1.6 the domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “whois” database of the top level domain name registrar;

    14.1.7 we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement; and

    14.1.8 you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered.

    14.2 You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.

    14.3 Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices thirty (30) days and seven (7) days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account.

  7. Our liability:

    15.1 We do not monitor and will not have any liability for your Material or any other communication you transmit, or allow to be transmitted, by virtue of the Hosting Services.

    15.2 Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider and no guarantee or representation is given that the Hosting Services will be free from hackers or unauthorised users. You shall be liable for the content of any emails transmitted by virtue of the Hosting Services, for any material you upload to, or allow to be uploaded to, our servers and for ensuring compliance at all times with all relevant legislation (including, but not limited to the Data Protection Act 1998 and all other privacy laws, regulations and guidance notes made or issued thereunder).

    15.3 All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.

    15.4 We do not exclude or limit in any way our liability:

    15.4.1 for death or personal injury caused by our negligence;

    15.4.2 under section 2(3) of the Consumer Protection Act 1987;

    15.4.3 for fraud or fraudulent misrepresentation; or

    15.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

    15.5 We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:

    15.5.1 loss of income or revenue;

    15.5.2 loss of business;

    15.5.3 loss of profits or contracts;

    15.5.4 loss of anticipated savings;

    15.5.5 loss of goodwill;

    15.5.6 loss of software or data;

    15.5.7 wasted expenditure (such as pay per click advertising costs); or

    15.5.8 wasted management or office time.

    15.6 Our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed one hundred and ten (110) per cent of the price you have paid to us for the Services during the twelve (12) months preceding the event giving rise to the liability in question. Accordingly, you are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).

  8. Telephony:

    16.1 Telephone calls using the telephone numbers provided on our website and email correspondence with RB Web Development at the email addresses accessible through, or discernible from, our website may be recorded or monitored. By using such communication methods you are consenting to the recording or monitoring of the same.