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Privacy Policy
ASAT will never sell, exchange, or release any of your personal information to a third party without your express permission. Occasionally, we may conduct online surveys, during which, we may ask users for contact information and demographic information. We use contact data to send consumers information about our company. From time to time, we may share with third parties aggregate information-- such as, how many of our users are men, or how many ASAT clients search on Internet-related topics. Such information will not contain any personal identifying information.
ASAT reserves the right to use cookies on their site. Cookies are data files that are stored on your computer. They contain identification information that enables us to see how our users are interacting with our site and how frequently they are returning. Cookies do not contain any personally identifiable information. We would use cookies for the benefit of our users. Cookies let us know if we have repeat visitors (a strong indication of happy consumers) and if we are delivering a quality product to our clients. We may use cookies to identify which sites our repeat visitors are coming from, so that we can place more of our online advertising on these sites. Essentially, it is an anonymous way to survey how we are doing and to look for other consumers who we think will like our site.
ASAT contains links to other carefully chosen sites, but is not responsible for the privacy practices or the content of such Web sites. ASAT does not share any of the individual personal information you provide us with any of these sites.
Acceptable Use Policy
ASAT reserves the right to refuse service to any individual, company or corporation. In addition, we reserve the right to suspend or terminate service to a client whose activities may be deemed detrimental to our client base. It is contrary to ASAT policy for any user of any of our services to effect or participate in any of the following activities through an ASAT provided service:
1. To send unsolicited emailings.
2. To falsify user information provided to ASAT or to other users of the service in connection with use of an ASAT service.
3. To engage in any of the foregoing activities by using the service of another provider, but channelling such activities through an ASAT account, re-mailer, or otherwise through an ASAT service or using an ASAT account as a mail-drop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party's service could reasonably be expected to adversely affect an ASAT.biz service.
4. To use ASAT services for illegal activities and activities harmful to others computers, data, software or networks including but not limited to hacker activities, virus creation and distribution, denial of services attacks, e-mail bombs etc.
5. To use ASAT services to post the following on the Internet or to include same in any other project or materials:-
5.1. Copyright, trademark, patent, trade secret or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, serial or registration numbers for software programs, copyrighted music, copyrighted images; copyrighted texts etc.
5.2. Displaying material that exploits children under 18 years of age.
5.3. Displaying material containing nudity or pornographic material of any kind
5.4. Providing material that is offensive to the community, including but not limited to profanity, bigotry, prejudice, racism, hatred, etc.
5.5. Promoting or providing information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals.
5.6. Defaming any person or group.
5.7. Promoting or soliciting for participation in multilevel marketing or pyramid schemes.
5.8. Gathering personally identifiable information for unlawful purposes.
Engaging in one or more of these practices will result in termination of the offender's account and/or access to ASAT services. In addition to these activities, ASAT terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and ASAT will respond as appropriate to these other activities as well.
Nothing contained in this policy shall be construed to limit ASAT's actions or remedies in any way with respect to any of the foregoing activities, and ASAT reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the ASAT, and levying cancellation charges to cover ASAT's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, ASAT reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
Service Agreement
1. Parties. This agreement is between ASAT Productions (PROVIDER) and the party as specified in the contract (CLIENT).
2. This agreement covers all design, training, consultancy, web design and maintenance services, publishing and printing.
3. ASAT services are all ‘bespoke’. Charges are fully included on the signed Contract. A Contract is generated by ASAT after the initial (free) consultation with the client, where the charges are discussed . The Contract will be considered to be ‘live’ as soon as the client returns a signed copy to ASAT. If the return of the Contract does not take place within five working days of being sent to the client, then ASAT reserves the right to amend the completion date for the work.
4. Additions to the original Contract may be made, however they will only be valid when accompanied by a signature on the appropriate form (all forms are available on our website to download or they can be mailed or faxed). Signed contracts and Amendments to the contract must be sent by fax or post.
5. A completion date will be agreed at the initial consultation. If the client requires changes and/or additions to the original contract, then ASAT may change the completion date.
6. The CLIENT agrees to abide by ASATS "Acceptable use policy" and "Copyright infringement policy". ASAT reserves the right to change the policies from time to time to reflect the dynamic nature of the Internet. Both policies are available on-line at any time or as a hard copy by request.
7. Clients agree that they may be listed on ASAT.biz website and on any other ASAT Productions publicity, and that designs and projects are included in ASAT’s company portfolio for promotional purposes.
8. ASAT is the owner of the Copyrights of all designs. Client is the copyright owner of the content (text, pictures etc.) unless Client uses someone else’s material with the copyright owner’s permission.
9. PROVIDER has the right to change the price of the services to reflect a change in the cost of the service, or other reasons.
10. Provider will accept content material from the Client in every reasonable communication like e-mail, Postal Service, fax etc. It is Client’s responsibility to provide all the content in a timely manner. Design work will not start before all content is submitted, unless otherwise agreed and detailed in the Contract.
11. Provider will apply the best efforts to provide the best possible quality. Provider will not take returns and refund fees based on quality issues. Once the finished project has been delivered, the fees for the contract become due.
12. Payments. CLIENT agrees to pay upon receiving of invoice for all bills. For yearly maintenance and hosting, clients will receive a reminder of the due date, and this will act as an invoice. A payment shall be deemed to be late if it is not received in full within one calendar month of the issue of the invoice. The CLIENT agrees to pay additional late fee of 1.5% per month or the maximum permitted by the law of the amount due and non paid.
13. Provider shall not be liable under any circumstances for any special, consequential, incidental, or exemplary damages arising out of or in any way connected with this agreement or the product, including but not limited to damages for lost profits, loss of use, lost data, loss of privacy, damages to third party even if provider has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence of other sort, breach of any statutory duty, principles of indemnity or contribution , the failure of any limited or exclusive remedy to achieve its essential purpose.
14. CLIENT shall indemnify, defend by counsel reasonably accepted by PROVIDER, protect and hold PROVIDER harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and legal representatives' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the web design and other services provided by PROVIDER to the CLIENT.
15. This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby cancelled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.
16. This Agreement shall not be modified, amended, cancelled or in any way altered, nor may it be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by both of the parties hereto.
17. Performance of any obligation required of a party thereunder may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement.
18. If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed severable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms.
19. Each of the parties to this Agreement represents and warrants that it has full power to enter into this Agreement and that it hasn't assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this Agreement.
20. Excused Performances. Provider shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labour disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labour or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond Provider's reasonable control. In the event of any such delay or failure, performance of the Services shall be deferred to a date and time mutually agreeable by the parties.
Copyright Infringement Policy
1. ASAT strictly prohibits any and all of the following: copyright, trademark, patent, trade secret or other intellectual property infringement, including but not limited to using any copyrighted names, text or images, offering pirated computer programs or links to such programs, serial or registration numbers for software programs, copyrighted music, etc.
2. All ASAT clients are hereby advised that they can be held legally liable for the content of their web pages and may be held legally accountable if their web pages include material protected by copyright, trademark, patent or trade secret laws without the permission of the owner.
3. The client is solely responsible for everything contained in his (her) web pages. ASAT will not verify, endorse or otherwise control the contents of any of customer's web pages. All opinions and views expressed at the web sites belong to the respective owner and are NOT supported by ASAT.
4. By using ASAT's services, the customer agrees to indemnify and hold harmless ASAT for any loss, liability, claim, damage, attorney's fees and other expenses arising from or in connection with the contents of customer's web pages.
5. ASAT shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with ASAT services, including but not limited to damages for copyright infringements, lost profits, loss of use, lost data, loss of privacy, damages to third party, even if ASAT has been advised of the possibility of such. damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other sort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.
6. ASAT reserves the right to terminate the services without compensation
if it believes in good faith that there is a copyright infringement. ASAT will make such decisions at its sole discretion.
7. ASAT will keep a log of all copyright infringement complaints.
8. ASAT will deny services unconditionally to anyone who is considered as a repeated offender of the copyright laws.
9. ASAT will collaborate with other Internet Service Providers to the full extent of the law in order to reduce copyright infringement on the Internet.
Service Agreement for Web Sites
The following points are specific to web sites, and so are listed separately from the Service Agreement that applies generally to all projects and clients.
1. Each web site is unique and no templates are available.
2. ASAT provides hosting and domain names as a reseller. Clients must agree to abide by the terms and conditions of our hosting provider.
3. ASAT offers very flexible maintenance ranging from yearly to weekly updating of site details. The maintenance fee is charged yearly in advance. Should a client wish to change the nature of their hosting, ASAT reserves the right to make this change only at the renewal date.
4. Client agrees the text and logo describing design by ASAT is be placed at the bottom of each and every web page designed by the Provider. Client also agrees to a link exchange to ASAT main site, and the inclusion of their web site address in a list of the ASAT portfolio of designs.
5. ASAT will deliver (install) the design to a valid web address specified by Client.
6. Client understands and agrees that he has to have active web hosting in order to be able to accommodate the web design. ASAT provides web hosting services subject to separate agreement.
7. There will be at least three working days when the web site is in test mode during which time clients are invited to examine the site.
Hosting and Web Site Names
As a re-seller of web hosting and web site names, the following conditions exist as our agreement with our Parent Hosting Company. As such these Terms & Conditions apply to any client who enters a business contract with ASAT for web hosting and/or domain name registration.
TERMS AND CONDITIONS Where the context admits: "We" includes our Parent Hosting Company, or ASAT acting as their representative. "You" includes the person purchasing the services or any party acting on the customer's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" the relevant domain names Registry. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
1. Definitions "Services" means domain name registration, web site hosting, email and any other service or facility provided by us to you. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet.
2. Domain Name Registration
2.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
2.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
2.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
2.4 We shall not release any domain to another provider unless full payment for that domain has been received by us.
3. Service Availability
3.1 We shall use our reasonable endeavours to make available to you at all times the Servers and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server that fall with in our guaranteed availability of 99.2% uptime.
3.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 2 days you will be notified of the reason.
3.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this subclause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
4. Payment
4.1 If any cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.
4.2 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published on ASAT’s web page and stated in your contract with ASAT and shall be due and payable in advance of our service provision.
4.3 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
4.4 Refunds will be given at the discretion of the Company Management.
5. Intellectual Property Rights You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.
6. Indemnity You agree to indemnify us and employees and directors against any action arising from the registration or use of domain names.
7. Termination Without in any way limiting our rights under subclause 5.3
7.1 if you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
7.2 if you break any of these terms and conditions and you fail to correct the breach within thirty (30) days following written notice from us specifying the breach, we may terminate this Agreement forthwith upon written notice.
7.3 if you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you.
7.4 on termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.
8. Limitation Of Liability You agree that we shall, under no circumstances, be liable for any damages resulting from loss of profits, arising out of or in connection with this Agreement. In particular we will not be liable for the following:
(a) suspension or loss of your domain registration;
(b) use of your domain name registration;
(c) interruption of your business;
(d) access delays or interruptions to any web sites accessed by your registered domain name;
(e) non-delivery, mis-delivery, corruption, destruction, or modification of data;
(f) events beyond our reasonable control;
(g) processing of an application for domain name registration; or
(h) application of the Dispute Policy We shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the registry administrator arising out of or related to your application, receipt of, or failure to receive a domain name registration. Our maximum aggregate liability shall not exceed the greater of: (a) the total amount paid by you for registration of the domain name; and (b) £25.00 (UK Pounds)
9. Notices Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
10. Cancellations The Client shall be permitted to cancel an order of Services without reason within 7 days of the date of the order/contract The Company shall refund all sums paid made by the Client in full within 30 days of the notice of cancellation. The Client accepts that Domain Name Registrations and Pre-registrations supplied by the Company within 7 days of the date of order shall not be subject to the 7 day cancellation period.
11. Complaints Complaint handling is intended to be fair, confidential and effective. If you have a complaint about our service, simply call us on 44 (0)1631 567192 or email amsden@btinternet.com and we will respond within 5 working days. We will always keep you informed of any issues with your website - this is one of the ways in which we improve our service.
12. Law This Agreement shall be governed by and construed in accordance with Scottish law and you hereby submit to the non-exclusive jurisdiction of the Scottish courts.
13. Headings Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
14. Entire Agreement These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement. This does not affect your statutory rights as a consumer.
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