Static.Media

Terms of Service

These terms of service apply to internet hosting services provided by Sprettynice Limited under the trading name of Static.Media.

Use of Static.Media’s services constitutes acceptance and agreement to these Terms of Service and the AUP (Acceptable Use Policy) which accompanies them.

Customers are required to adhere to these terms of service and the associated AUP. In the case of a breach of any of these conditions Static.Media reserves the right terminate the offending account without notice or refund.

Finance and Billing

Payment for all Static.Media services are required in advance of the commencement of that service.

Payments will be for a 12, 24, or 36 month contract period. The length of the contract period is chosen by the customer when confirming hosting requirements. Shorter or longer contract periods can be agreed upon with prior arrangement. Some services may require a set-up fee. This fee will be added to the cost of the first contract period.

Termination

Static.Media reserves the right to suspend or cancel an account without notice or refund if it deems, in its sole discretion, that the customer has failed to comply with the Terms of Service or the Acceptable Use Policy.

Non-payment of service will result in a notification on non-payment being sent to the customer.

If payment has not been received within 15 days of it being due the customer’s account may be suspended until payment is received.

If payment has not been received within 45 days of it being due the customer’s account may be cancelled.

Once an account is cancelled, Static.Media is not responsible for the integrity of data associated with that account.

Lawfulness

Customers may not use Static.Media’s servers for any purpose which violates international law or any of the laws of the United States of America, Europe, the United Kingdom or the Client’s locality.

Warranties and Limited Liability

Static.Media services are provided "as is" and customers use of these services is at their sole risk. Static.Media hereby disclaims any and all warranties, whether expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. In no event shall Static.Media be liable for any direct, indirect, incidental, special, exemplary or consequential damages. (including but not limited to loss of data, non-delivery or incorrect delivery of service, service interruptions and data security) however caused and arising in anyway out of the use of our services or software. Notwithstanding the above, Static.Media expressly limits its damages to the Customer to a pro-rata refund based upon the remaining contract period.

Static.Media regularly backs up customer data on all servers but cannot guarantee the existence, completeness or timings of these backups.

Indemnification

The customer agrees that it shall defend, indemnify, save and hold harmless Static.Media, its agents, customers, officers and employees, from any and all demands, liabilities, losses, cost and claims (including reasonable attorney’s fees) that may arise or result from:

We are not responsible for any use you make of our services. In addition you agree to indemnify us against any of the effects of your use or misuse of our services, or claims resulting from that use or misuse.

We shall take reasonable measures to endeavour to maintain our services, but you will not be eligible for any compensation because of any loss or unavailability of any service we provide. We reserve the right to change any service at any time.

We shall not be held responsible for any loss however caused resulting from any suspension or unavailability of any service.

Customers are responsible for any material stored on our servers in their account. Static.Media shall not be held responsible for any loss, however caused, of this material. Though we take reasonable steps to minimise the loss of any material through regular backups and maintenance.

You will keep your password secret and will not disclose it to any third party. You will notify us and change any password you believe has been compromised.

Email facilities are not a service Static.Media provides, if email services are required these should be sought from a third party. Static.Media can assist with the setup of this with prior arrangement. Static.Media shall not be held responsible for any issues, losses, costs, or claims resulting from any suspension of functionality or unavailability of any third party email service.

Miscellaneous

Static.Media reserves the right to revise its policies at any time.

If any part of these terms and conditions or any associated Acceptable Use Policies shall be held invalid or unenforceable, this shall not affect the enforceability of any other part of these terms and conditions and Acceptable Use Policies.