Terms & Conditions
Please take time to read this in full before agreeing to any services.
This document contains important information regarding our terms of service, cancellation and disclaimers and is only valid if read directly from this web page.
If you have any queries regarding our Terms & Conditions, please contact us.
Please note that these terms and conditions may change periodically. We will endeavour to contact all current clients in advance of a change in Terms & Conditions; however it is the responsibility of the client to ensure that they have read the current Terms & Conditions on this web page and understand them.
- 1) Terms
- 2) Preamble
- 3.1) Confidentiality
- 3.2) Discretion and Payments
- 3.3) Service Announcements
- 3.4) External Sites
- 4) Abuse
- 4.1) Civil and Criminal Law
- 4.2) Client Editable Content and Email
- 4.3) Login and Password Confidentiality
- 4.4) Breaches of Security
- 4.5) Embedded Content
- 5) Illegal Content
- 5.1) Content Liability
- 5.2) UK Law and Relevant Acts
- 5.3) Infringement
- 5.4) Data Protection
- 5.5) Limitation of Liability
- 5.6) Reimbursement
- 5.7) Foreign Law
- 6) Adult Content
- 7) Problems
- 7.1) Problem Resolution
- 7.2) Password Resets
- 8) Service Level Agreement
- 9) Payment
- 9.1) Orders
- 9.2) Progression
- 9.3) Timeframe
- 9.4) Agreements
- 10) Domain Registration
- 10.1) Restrictions
- 10.2) Contact Details
- 11) Overuse
- 11.1) Bandwidth Overuse
- 11.2) Advance Notice
- 12) Reports and Analytics
- 13) Third Party Software
- 14) Notification
- 15) Changes to Pricing or Specification
- 16) Cancellation, Refunds, and Termination
- 17) Disputes
- 17.1) Bills
- 17.2) Service Related
- 17.3) Disputes
- 17.4) Third Parties
- 17.5) Legal Proceedings
- 18) Emergency Contact
- 19) Disclaimer and Copyright
‘The Client’, ‘client’, ‘you’ and ‘your’ refers to the individual group or company registered as a customer of ProPraxis Web Management, as identified on the Invoice(s) and Order Confirmation(s) for any ProPraxis Web Management service or product.
‘ProPraxis Web Management’, ‘ProPraxis’, ‘we’, ‘our’ and ‘us’ refers to ProPraxis Ltd. t/a ProPraxis Web Management, a company registered in England and Wales as company number 06151456.
‘Account(s)’ and ‘account(s)’ refers to a combination of any of the following: Web site, Web Site Management, email, any third party accounts set up by ProPraxis Web Management on behalf of the client.
2) Terms and Conditions
The following terms must be agreed to in order to use any of our services. If you do not agree to any of the below, you must not proceed with your order and must inform us immediately. We will be happy to explain any points if you are unsure of their meaning.
A breach of any of the terms and conditions as described on this page may result in immediate termination of your account with no reimbursement.
3.1) We take your privacy and security very seriously. We will never pass any of your details on to third parties for any purpose not specifically agreed upon, except when we are required to by law enforcement agencies.
3.2) We only ask for details that we need to know. It is entirely at your discretion if you wish to tell us anything else. Payments by cheque or bank transfer will be considered one-off and non recurring payments, and any and all subsequent payments and conditions will be outlined in full on an issued invoice.
3.3) On occasions we may deem it necessary to send out strictly service related announcements. We may also notify you of updates to our services, and send greetings on special occasions. If you prefer to opt out of non-service emails, please let us know when you are ordering or unsubscribe and we will remove you from our distribution list.
3.4) This website contains links to external sites and products by third parties. Please be aware that we are not responsible for the content of external sites or third party products. We encourage you to read the privacy statements of each and every website that collects personally identifiable information.
4.1) ProPraxis Web Management will upload and manage content and images supplied by the Client as part of the design process and, if applicable, as part of the ongoing website management. However we reserve the right to refuse to upload any content that we believe may be copyrighted, obscene, libelous, or otherwise contrary to civil or criminal law in the UK. The Client warrants the accuracy, truthfulness or reliability of any information they supply (including statements of opinion or advice) to the best of their ability, warrants that they are authorized to promote any information which they intend to be placed on their web pages, and agrees to indemnify ProPraxis Ltd. for any claims, legal proceedings or damages that are brought or threatened against ProPraxis Web Management relating to anything published on or relating to the Client’s website. ProPraxis Web Management will notify the Client of any such claims or proceedings and will keep the Client informed as to the progress of such claims or proceedings. The Client will be responsible for all and any consequences of information published on the developed website.
4.2) Depending on requirements, some parts of the Client’s website such as ‘blogs’, ‘Wikis’ and embedded media may be directly editable by the Client and their authorized parties. In these cases the Client is solely responsible for ensuring that this content does not breach any laws, and ProPraxis Ltd. will not be held responsible for any content so uploaded. Any Client found to be the source of reasonable complaints regarding Client-uploaded material to their web site will be suspended and investigated, and subject to action as detailed under Illegal Content. We will always notify customers and, where necessary, fully co-operate with the authorities. Where Clients are provided with email facilities through their account, we have a zero-tolerance policy against spam, and the sending of bulk, unsolicited email is prohibited at all times. If a claim under this clause is upheld the Client’s account will be terminated and removed, and no reimbursement will be made for any remaining period of the yearly Web Site Management package contract.
4.3) Where the Client has been given access to their website for certain specified services, such as email services, ‘blogs’, ‘Wikis’ and other client interactive environments, this will generally entail the Client accessing the machine where the website is hosted via a login and password.
Login names and passwords must be kept secret and not communicated to any third party, except for agencies working on the Client’s behalf. ProPraxis Web Management must be notified immediately if they are compromised.
4.4) Any attempt to breach the security of any machine is forbidden. Attempting to do so will result in immediate account termination, possible further legal action, and no reimbursement will be made for any remaining period of the yearly Web Site Management package contract. It should be noted that attempting to breach security may lead to prosecution under the Computer Misuse Act 1990 or any other relevant criminal legislation.
4.5) As part of the design process we may set up accounts for video/music hosting websites, such as ‘YouTube’ and ‘Vimeo’, on behalf of the Client, and embed videos/music uploaded by the Client in the hosted website, however the creation of said videos/music, as well as uploading them to any video/music hosting website, is the sole responsibility of the Client. Consequently all content of any embedded or created videos/music is the sole responsibility of the Client, and it is their responsibility to ensure that any videos/music comply both with the Terms & Conditions of the video/music hosting website and also with all relevant laws. Any issues arising between the Client and the video/music hosting websites shall not involve nor implicate ProPraxis Ltd. in whole or in part.
5) Illegal Content
5.1) Any content deemed illegal by UK law or the law of your country of residence is strictly forbidden and offending accounts will be immediately suspended or terminated at our discretion. We will fully co-operate with the authorities regarding any breach of the law. If the reason for the account being suspended is upheld then the account will be terminated and removed, and no reimbursement will be made for any remaining period of the Web Site Management yearly contract
5.2) It is an offence under UK law to transmit, receive or store certain types of files.
Customers may not use our services to engage in activities, or store, transfer or receive material of an indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the UK authorities under the relevant Criminal Acts including but not limited to the Computer Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997.
5.3) It is a criminal offence under UK law to knowingly infringe intellectual property rights, such as copyright, patents, database rights and registered trademarks.
5.4) The Data Protection Act 1998 imposes numerous duties on any organization that processes personal data relating to third parties. Failure to comply with many of these duties constitutes a criminal offence. Customers who are not merely processing personal data for domestic (including recreational) reasons are reminded of their likely duty to register with the Information Commissioner.
5.5) Under the Electronic Commerce (EC Directive) Regulations 2002, ProPraxis Ltd. is in general not liable to any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts. Accordingly, if we become aware of credible evidence that a customer has carried out any unlawful acts we will take preventative measures to bring those acts to an end.
5.6) Any accounts found to be abusive, contain illegal content, or otherwise break our terms of service will be liable for immediate termination without reimbursement and if upheld removed.
5.7) The Internet is global in reach. Consequently it is possible for anyone using the internet to break the laws of foreign countries. ProPraxis Ltd. operates within UK law, and any contact from legal agencies outside of the UK will be passed directly to the Client. Further action with respect to these matters is the sole responsibility of the Client.
6) Adult Content
We do not normally create or host sites considered ‘adult’ in nature, including escort services, gambling and gaming, and retail of tobacco or liquor, and reserve the right to decline commissions in these areas.
ProPraxis Ltd. will aim to provide uninterrupted service, but the Client understands and agrees that from time to time problems may occur.
7.1) If the Client experiences a problem they must confirm their equipment and software applications are working correctly before contacting ProPraxis Web Management. If confirmed the Client can report the problem by contacting us on the supplied phone number during normal business hours or by email 24/7.
If the problem is reported outside normal working hours we will aim to contact you using the details we have on record within 4 working hours from the time the problem is reported to discuss. If we accept the problem we will log the problem on our system and provide a reference number and progress, keeping you updated.
If the problem is reported within our normal working hours we will aim to contact you using the details we have on record within 2 working hours from the time the problem is reported to discuss. If we accept the problem we will log the problem on our system and provide a reference number and progress, keeping you updated.
We will aim to resolve the problem within one working day from the date the problem is logged onto our system.
If the problem relates to content or links within the Client’s web site then this is most likely resolvable by us otherwise all other problems are likely to be due to a third party and we will have to liaise with that third party.
Resolution times to resolve any problems accepted by us are not guaranteed.
Normal business working hours are: 09:00 – 17:00 Monday to Friday excluding bank holidays.
7.2) For password resets we will follow additional procedures to protect client security.
As our solutions are tailored to the requirements of the individual client the password and security procedures may vary on a client to client basis, and will be confirmed before the site goes live.
It is the client’s responsibility to ensure that they have read and understand this.
8) Service Level Agreement
ProPraxis Web Management endeavours to meet the conditions set out in section 7 but does not offer any guarantees
ProPraxis Web Management has a policy of using third party Hosting suppliers that supply Hosting packages to support the offered Web Site Management packages with servers located within the United Kingdom. If this is not possible due to a bespoke package required by the Client or due to section 17.4 then we reserve the right to source a Hosting package from outside the UK.
ProPraxis Web Management has a policy of using third party software vendors that supply software to support the offered Web Site Management packages. If we are required to liaise with the software vendor(s) then we cannot guarantee resolution times but will keep the Client updated on progress.
9.1) Enquiries can only be submitted through our website
9.2) The data provided on the enquiry will be used to make contact to discuss and progress to the order stage
9.3) Pro Forma Invoices for any orders will be sent to the Client using the email address provided as part of the enquiry. Pro Forma Invoices for renewal of services will be sent to the Client’s email address that we have on record, 40 calendar days in advance of the contract end date, and payment must be received and cleared no later than 10 calendar days from the contract end date. It is your responsibility to ensure this email address is active and can receive emails from any email address on the ‘pxwm.co.uk’ domain.
9.4) All services must be paid for by the due date shown on the Pro Forma invoice unless a written adjustment has been agreed. Failure to complete payment after this time will result in automatic account suspension until all debts are paid. Domain names expire on the day immediately after the renewal date. As such we strongly recommend renewing a minimum of 48 hours before the expiration date.
10) Domain registration, renewal, transfer, and restoration
10.1) All Web Site Management packages include a free registration or transfer of a .co.uk/.org.uk/.ltd.uk/.com/.net/.org/.biz/.info domain name. Some domain names are priced above standard rate as a ‘premium’ domain, and are excluded from this offer. All other extensions are excluded from this offer and if required will be charged at a bespoke price for the required domains. Transfers are limited to existing domain names that are already registered to you. Some domain names may be restricted or unavailable to you or your business, and it is your responsibility to ensure that you may legally occupy the domain name chosen. The registration period is one year for all domain extensions except .co.uk extensions which are registered for two years. All domain transfers include a 12-month registration extension with the exception of all .uk domain types which do not include any form of registration extension. The cost of renewals and additional domain registrations or transfers is detailed in the pricing section of our website.
10.2) ProPraxis Web Management will register, transfer and renew domain names in the Client’s name, however where ProPraxis Web Management is managing the Client’s website we generally need to be listed as a technical and administrative contact for the domain name(s). It remains the Client’s responsibility to ensure that correct details have been provided for domain registration.
11.1) All accounts will be actively managed as per your Web Site Management package detailed in the price list. Bandwidth and Disk space usage will be monitored on a regular basis, dependant on the Web Site Management package. As a minimum all accounts will receive one notification to the Client’s email address we have on record when monthly bandwidth usage is nearing the account’s limit. This notification will provide you with options available to prevent overuse. Overuse will result in automatic account suspension unless a prior written agreement has been reached by both parties and sent to the Client’s email address we have on record. To unsuspend, contact us to discuss the options available. Additional bandwidth cover for the calendar monthly period can be purchased separately as per our pricing list, and will be applied when payment is received. We reserve the right to insist in an upgrade of a Web Site Management package in cases where the account repeatedly over uses resources on a monthly basis. If agreement cannot be reached we reserve the right to terminate the account without reimbursement.
11.2) If you believe your website may be susceptible to very high usage you must contact us to discuss this matter. If we believe your website may be susceptible to very high usage we will contact you in advance of any changes to discuss solutions to this.
12) Reports and Analytics
As part of the Web Site Management process we will use software tools to provide an analytic view of traffic and visits to your website. These software utilities are not supplied or developed by ProPraxis Web Management, and whilst we will pass on these reports and/or analyses faithfully as produced we disclaim any warranty, fitness for purpose or level of accuracy to these reports or analyses.
13) Third Party Software
ProPraxis Web Management may deliver software products produced or vended by a third party for the Client to operate with their web service. It is the Client’s responsibility to ensure they have read and understood any applicable End User License Agreements or Terms & Conditions for these products, and we disclaim any warranty or fitness for purpose of these third party products.
We will give a minimum of 30 calendar days notification to any changes to the Terms & Conditions
15) Changes to pricing or specification
If we change charges or change the specification of any Web Site Management packages within the Client’s contract period then the Client has the right to cancel the contract and we will refund any remaining full calendar months
16) Cancellation, refunds, termination and disputes
Cancellation notices for all Web Site Management packages must be given by the Client at a minimum of 30 calendar days in advance of the cancellation date. We will confirm this instruction with the Client using the contact details we have on record. The domain name remains the property of the Client and unless instructed by the Client the domain name will expire on the domain name expiry date. If the Client wishes to transfer the domain name we will assist in this transfer where applicable
Cancellation of Web Site Management packages within the one year contract term will entitle the Client to a refund for any remaining full calendar months as long as the Client has given 30 calendar days advanced notice, minus the full years cost of any domain names detailed in section 10.1.
The up-front payment to commence design work and the cost coverage of any third party software and/or domain names is non-refundable as this payment is part of our service fees and does not constitute a deposit.
Any valid refunds will be paid to the Client within 30 days of the agreement to refund.
If the Client disputes any Invoice the Client will notify ProPraxis Web Management in the first instance, in writing, within 14 calendar days of the date of the Invoice with all relevant information.
17.2) Service Related
If the Client disputes any related services offered by ProPraxis Web Management the Client will notify ProPraxis Web Management in the first instance, in writing, within 14 calendar days of that service being offered with all relevant information.
ProPraxis Web Management will endeavour to resolve any disputes received in writing within 30 calendar days. This does not affect your statutory rights.
17.4) Third Parties
The Web Site management package consists of a Hosting package supplied by a third party.
The Web Site design can include software packages supplied by third parties.
If any third parties used by ProPraxis Web Management to supply their services are unable to continue to support ProPraxis Web Management then we will endeavour to continue offering our services by seeking alternative vendors. However this may result in ProPraxis Web Management either: Having to increase or decrease the service offering; increase or decrease our prices; or withdrawing a particular service. Any of the above could result in the Client suffering interrupted service which ProPraxis Web Management will endeavour to minimize.
Under these conditions the Client can invoke section 16.
17.5) Legal Proceedings
Should there be a need to submit a claim against us, you are in agreement that litigation proceedings can only be taken within the jurisdiction of England and Wales.
Any claim, whether proven or not, based on a breach of our services is limited up to the maximum amount detailed in the relevant invoice or other related documents.
18) Emergency Contact
If you have an urgent problem not covered by our web site please contact us with “URGENT” in the subject line and we will prioritize your request based on section 7 & 8
19) Disclaimer and Copyright
All material on this website is copyright ProPraxis Web Management, trading as ProPraxis Ltd., unless otherwise stated.
These Terms & Conditions overrule any other information on our website or any other media.
We disclaim any warranty, fitness for purpose or service level agreement exceeding our Service Level Agreement as stated earlier in this document. If you have sensitive or mission-critical data to host, we advise you seek independent legal advice on the best hosting solution for your purpose.