TERMS & CONDITIONS
Sushi Online Ltd issues this document. The company shall be known throughout this document as Sushi Online Ltd.
Client Server Access
By placing an order for support services, the client fully accepts that Sushi Online Ltd will require full access to the clients website administration dashboard, FTP account & hosting control panel.
Sushi Online Ltd will not be responsible for failure to complete a task as a result of the failure, prevention of access to, or shortcomings of the clients hosting service.
Guarantee of Service
Sushi Online Ltd will always take a full backup of files & database of a clients website before proceeding with any work.
Sushi Online Ltd will strive to carry out testing of major changes to the clients website on an offline clone or staging version of the clients website before publishing to the clients live hosting server.
Sushi Online Ltd guarantees to restore the initial backup of the clients website in the event of any action that renders the clients website offline.
Sushi Online Ltd does not guarantee to resolve any issue relating to the failure of a third party plugin or application. The client will be expected to seek support from any third party plugin developer for any issue relating to the failure of such plugins.
Sushi Online Ltd will not be responsible for failure of the clients website as a result of any third party plugin.
One Hour WordPress HotFix
Sushi Online Ltd does not guarantee to fully resolve any issue within one hour.
Sushi Online Ltd will provide the client with one hour of investigative and/or diagnostic work, during which, if possible within that hour, the reported issue will be resolved. Should the diagnostic work reveal the fault cannot be resolved within the initial hour, Sushi Online Ltd will provide the client with a full report illustrating the issue, along with an estimate of the required time and resources to resolve it. The client may choose to accept the estimate and request further work, or seek resolution of the issue elsewhere, using the provided diagnosis.
Hours of Business
Sushi Online Ltd operates standard UK business hours 9am – 5.30pm GMT Monday to Friday. Sushi Online Ltd observes all bank holidays and public holidays.
Any support provided outside of these hours is considered out of hours support.
Out Of Hours Support
Sushi Online Ltd reserves the right at it’s discretion, to charge an additional premium for out of hours support. Where applicable, this is billed at an additional 50% of standard published prices.
Sushi Online Ltd will not tolerate abuse of any kind to any of it’s staff, clients or representatives, and reserves the right to terminate it’s services at any time in the event of such behaviour without refund.
Sushi Online Ltd will, in the event it cannot fulfil one of its advertised fixed price services, provide the client with a full refund.
Sushi Online Ltd will NOT provide a refund if the client fails to provide the required information detailed in the products description.
Sushi Online Ltd Hosting Terms of Service (TOS)
Use of Sushi Online Ltd Service constitutes acceptance and agreement to our TOS (Terms of Service). All service provisions are subject to the TOS (Terms of Service) of Sushi Online Ltd.
The TOS may be changed from time to time at the discretion of Sushi Online Ltd. The client understands that change to the TOS by Sushi Online Ltd shall not be grounds for non-payment.
Sushi Online Ltd agrees to provide the client with web hosting services for a monthly or annual fee. Sushi Online Ltd will never require clients to advertise for Sushi Online Ltd on their website in any way shape or form unless agreed upon, such as a non-profit organisation receiving complimentary hosting. Clients are allowed to use Sushi Online Ltd services for personal and/or business/commercial websites or content.
All services provided by Sushi Online Ltd may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is “adult only” content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Sushi Online Ltd from any claims resulting from the use of the service which damages the subscriber or any other party.
Sushi Online Ltd does not allow adult “xxx” related websites, pornography and sex-related content on its servers. Nor do we allow adult subscription or membership based “pay sites”. This includes sexual content, or links to adult content hosted elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Sushi Online Ltd will be the sole arbiter as to what constitutes a violation of this provision.
Educational adult websites and adult e-commerce stores are allowed but due to such a fine line we recommend checking with Sushi Online Ltd support before hosting such websites. Sushi Online Ltd will be the sole arbiter as to what constitutes a violation of this provision.
Some Examples of Unacceptable Content:
– Adult / Pornographic
– Hacking programs / Hacking Archives / Hacking Information
– Warez Sites
– Spam / Spamming Software
Distribution or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights:
Material accessible to you through Sushi Online Ltd’s Services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Sushi Online Ltd Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Sushi Online Ltd Network. If you use a domain name in connection with the Sushi Online Ltd Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
SPAM and Unsolicited Email:
Sushi Online Ltd takes a zero tolerance approach to the sending of Unsolicited Email (SPAM). Very simply this means that Clients of Sushi Online Ltd may not use or permit others to use our service for sending SPAM Emails. Clients of Sushi Online Ltd may not host, or permit hosting of, sites or information that is advertised by SPAM from other services. Violations of this policy carry severe penalties, including termination of service.
If a customer is found to be in violation of our SPAM policy, Sushi Online Ltd may, at its sole discretion, restrict, suspend or terminate a customer’s account. In addition, Sushi Online Ltd may impose a £100 penalty for each spam policy violation. Sushi Online Ltd solely reserves the right to refuse or cancel service to known spammers. Lastly, Sushi Online Ltd reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Scripting, Applications and Background-running Programs:
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. We provide a hosting service not a shell service. You are not allowed to compile and run software on our hosting servers.
You are free to use any scripts (such as php, cgi or perl) you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below.
Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, galleries, and banner exchanges. In the event a script affects normal server and/or administrative operations, Sushi Online Ltd reserves the right to disable the account pending client cooperation and resolution.
Scripts we do not allow include:
– Chat servers/scripts of any kind are strictly prohibited.
– Formmail scripts using the filename “formmail” are prohibited.
Formmail and contact forms are acceptable providing the script is not named “formmail” for its filename and providing that you maintain the latest version of the script and it remains secure and un-abused by spammers.
Customers may not use the Sushi Online Ltd Network to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Sushi Online Ltd will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Sushi Online Ltd provides technical support to its Clients. Sushi Online Ltd limits free technical support to customers of its paid hosting account for hosting related issues. Sushi Online Ltd does not offer free support for application specific issues relating to WordPress or any other web applications.
Any additional work you may require from Sushi Online Ltd staff which does not fall within usual support boundaries is charged at a rate of £50 GBP per hour, in 15 minute increments. All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include: WordPress management, development and administration.
Requests for cancellation must be submitted via an online support ticket at our helpdesk located at www.sushi.support. Your cancellation will be confirmed by Sushi Online Ltd.
Cancellation must be received 48 hours or more before your next payment is due. Sushi Online Ltd will then stop all recurring payments due and you will NOT be billed again.
Changing a domains DNS to another provider or transferring a domain away from Sushi Online Ltd does not constitute a cancellation request. A cancellation request must be submitted to our helpdesk and we will then confirm the cancellation date back to you.
Establishment of this service is dependant upon receipt by Sushi Online Ltd of payment of all stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup (monthly or yearly terms).
Service may be interrupted on accounts that fall overdue (such as a credit card being declined or expired). Sushi Online Ltd may, at its sole discretion, charge a fee of £15.00GBP to reinstate a suspended account.
When payment is declined from your chosen payment method we will send an email notification and retry payment the following day, this will occur 3 times over a 3-5 day period. After this period if we have not received payment or had notice from you that the due payment is in hand, your account will be suspended or terminated at the sole discretion of Sushi Online Ltd.
It is very important you keep your email address on file with us current by notifying us of email address changes via www.sushi.support. Failure to keep us updated with your current email address may mean important communications don’t reach you, resulting in suspension or termination of your hosting account.
A service charge, equal to the charge incurred by Sushi Online Ltd, will be charged to your account for each form of payment that is returned to Sushi Online Ltd unpaid.
Refunds and Disputes:
All payments to Sushi Online Ltd are non-refundable. This includes any setup fee and subsequent charges regardless of usage. If you dispute a charge to your credit card issuer that, in Sushi Online Ltd’s sole discretion is a valid charge under the provisions of this TOS, you agree to pay Sushi Online Ltd an Administrative Fee of not less than £25 and not more than £100.
If you are paying annually for hosting services and cancel early before your 12 months of service is over, we will issue a pro-rata refund for full unused months at time of cancellation.
Sushi Online Ltd does not offer any kind of “money back guarantee” or “trial period” for web hosting services.
All domain registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your term.
UK and EU clients will be billed in GBP (Pounds Sterling.
Domain Name Expiry and Redemption Fee’s:
Sushi Online Ltd is not liable for expiry or loss of your domain name.
Before a domain expires you will be reminded to renew your domain by email to the address we hold on file for you. On the date a domain expires it will be deactivated by the registry, and no longer display your website. Once a domain is deactivated and expired you will have 30 days to contact us to renew the domain name at our regular renewal rates.
Redemption Period – After 30 days have passed since the expiry date of your domain, the domain is placed in its “redemption period” and to renew the domain at this stage will cost $200 USD (approx £100 GBP). This is a cost charged by the registry and passed on to you by us. Redemption periods last between 30 and 60 days, and then the domain is released to the public so anyone can re-register your domain and you will lose it.
Any attempts to undermine, slander, libel, threaten, or cause harm to a Sushi Online Ltd server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
Refusal of Service:
Sushi Online Ltd reserves the right at its sole discretion to refuse or cancel service. Violation of any of Sushi Online Ltd’s TOS could result in a warning, suspension, or account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.
Customer agrees that it shall defend, indemnify, save and hold Sushi Online Ltd (or it’s employee’s/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Sushi Online Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Sushi Online Ltd against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Sushi Online Ltd server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Sushi Online Ltd to the amount paid for service.
Sushi Online Ltd will not be responsible for any damages your business may suffer. Sushi Online Ltd makes no warranties of any kind, expressed or implied for services we provide. Sushi Online Ltd disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Sushi Online Ltd and its employees. Sushi Online Ltd makes no “uptime” guarantees. The Client agrees that Sushi Online Ltd shall not be liable for any damages as a result of loss of hosting services or hosted data. The Client further acknowledges that Sushi Online Ltd’s liability for its own negligence is zero, and Sushi Online Ltd may not be held responsible. Liability or Damages in any event may not exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Sushi Online Ltd be liable for any special or consequential damages, loss of revenue or injury.
Sushi Online Ltd can accept no responsibility for any loss of data or consequences arising from this. Sushi Online Ltd always advises clients to back up their site data regularly for their own protection. Sushi Online Ltd does not guarantee its own backups of customer data and is not liable for any loss of data, loss of backups or inability to restore service after implementing its disaster recovery plan.
All communications (emails, verbal or written) are between Sushi Online Ltd and the client. These communications are private and are therefore not to be shared with any other parties.
This agreement is made between the customer (as specified in the customer details section when placing your order) and Sushi Online Ltd. If you are purchasing hosting on behalf of another party please ensure you specify the account owners details in the customer details section. Sushi Online Ltd will only be able to communicate with regards to the account with the registered customer and not a third-party.
Finally, Sushi Online Ltd wishes to emphasise that in accepting services, customers indemnify Sushi Online Ltd for the violation of any law or Sushi Online Ltd policy that results in loss to Sushi Online Ltd or the bringing of any claim against Sushi Online Ltd. This means that if Sushi Online Ltd is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Sushi Online Ltd, plus costs and reasonable legal fees.
Failure to comply with any of our terms of service will result in grounds for immediate account deactivation or removal.