Terms of Business

Definitions:

  1. Kilroy James – Kilroy James Ltd.
  2. Client – a party maintaining an account with Kilroy James.
  3. Services – activities carried out by Kilroy James in order to service a Client’s account; usually charged pro rata.
  4. Products – items provided through the course of servicing an account; usually charged non pro rata.
  5. Account – We create an account for every new client. All services and goods we provide to that client are administrated and billed for through their account.

Kilroy James’ terms of business.

  1. The decision to offer an account is entirely up to Kilroy James.
  1. Accounts must be used according to the terms and conditions laid out in this document. Other kinds of use represent misuse.
  1. Some services and products provided by Kilroy James may be subject to separate contract. However, contracts governing those services and products do not detract from, negate or obviate these terms and conditions.
  1. Clients must accept these terms and conditions and agree to abide by them.
  1. We do not require written or other formal acceptance of these terms and conditions. A client will be deemed to have accepted them if they act in a way that indicates their acceptance – for instance, by using services or goods provided through the account.
  1. A client who uses their account without accepting these terms and conditions is misusing that account and may be subject to the sanctions described below.
  1. An account is opened the first time any services or goods are provided through it.
  1. These terms and conditions are governed by, and construed in accordance with, the laws of England.
  1. If one or more of these terms and conditions are invalid, illegal or unenforceable, the remaining terms and conditions shall be unimpaired. We will replace invalid, illegal or unenforceable provisions with those mutually acceptable valid, legal and enforceable provisions that come closest to the spirit and intention of the ones replaced.
  1. Default Interest is calculated on a day-to-day basis at a rate of 5% above the Bank of England Base Rate.
  1. The client is solely responsible for complying with all laws and regulations applicable to the operation of their account, services and products. And will hold harmless, protect, and defend Kilroy James and its subcontractors from any claim, suit, penalty, tax or tariff arising from the operation of their account and the services and goods provided through it.
  1. Policy on providing discounts

Occasionally, we may offer a discount on the normal price of a product or service. The discount is available so long as the account activity it relates to completes its course of development and period of provision, as shown in the invoice or Statement of Work pertaining to the order.

  1. Renewing ongoing or annually renewed services

Unless you let us know that you want to cancel an ongoing or annually-renewed service, we will renew it. It will be renewed for the same period it last renewed for (or instigated, if a service has not yet been renewed). For example, an annual hosting account will be renewed for one year; a quarterly website marketing subscription will be renewed for three months.

  1. Cancelling ongoing or annually renewed services

We require at least one calendar month’s notice (in writing) to cancel ongoing or annual services. If a cancellation notice is not received in time then these services may be renewed in order to keep the services operating normally.

  1. Refund policy
  1. Unless otherwise stated our refund policy applies to cancelled services and products that have been paid for partly or in full. Please note that money paid as a deposit is not refundable.
  2. We are happy to give a full 100% refund if no work has been done towards the fulfilment of the order.
  3. If work has started towards the fulfilment of the order we will refund the money you have paid us minus any cost to us incurred by the work done (including administrative work) up to the point of cancellation. We calculate the cost of work pro rata according to our standard rate card. We cannot refund money due or paid to third-parties in order to fulfil your order.
  4. If the cancelled order contains items with a price discount then we may calculate your refund, according to our policy on providing discounts, by including the non-discounted cost of those items (as shown in the invoice or Statement of Work pertaining to the order).
  1. Refunds for hosting services

You can cancel any domain name hosting service within 30 days of the start of that service and we will refund any money you have paid towards it. Refunds are not available after 30 days – regardless of the renewal period for that product. The refund only covers the actual hosting product, not ancillary services or products

  1. Account misuse

Account misuse also includes: non payment of bills or repeated late payment of bills; illegal activity; use of services or goods in a way that may bring Kilroy James into disrepute; threatening, violent, damaging or aggressive behaviour towards Kilroy James’ staff or assets.

  1. Account suspension
    1. If an account holder does not adhere to our terms of business or other terms of agreement covering the account, or misuses their account, we may suspend that account. If an account is suspended then access to services provided through it will also cease for the duration of the suspension. A £40 administration charge will be levied against any account that we have to suspend. Whilst an account is suspended, any money due to Kilroy James will continue to gain interest at the default interest rate described above.
    2. Suspended accounts may be reinstated (along with services, as appropriate) if the cause of the suspension is remedied to the satisfaction of Kilroy James. There will be a £40 administration charge to reinstate an account.
    3. During an account suspension we may refuse to release domain names, files and data, and any other associated services or assets.
    4. Suspension shall not affect the liability of the client to pay charges and other amounts due to Kilroy James.
    5. Messages noting why a service is unavailable may be posted on websites and on email accounts.
  1. Service availability and performance
    We will take reasonable steps to ensure all services remain uninterrupted. However, we cannot guarantee the absence of service interruptions and we will not, in any event, be liable for them. We will always try to give advance notice of anticipated interruptions if that is practical, and we will let you know about any unanticipated interruptions as soon as possible.

20.  Compatibility of products designed to be viewed or operated using a web browser.

Kilroy James designs and builds such products according to standards published by the World Wide Web Consortium, and not to any other standards or measures of conformance. In particular, we never guarantee the appearance or operation of such products in relation to an operating system, web browser or any other software. Such products may appear or operate differently according to the hardware and software used to access them.

  1. Compatibility of services with software

We cannot guarantee the compatibility of your programs and software with any of our services or products.

22.  Account transfer

An account cannot be transferred. If you need to transfer an account, we must resolve your existing account first, then set up a new account in the other party’s name and transfer services and products to that account. There may be a charge for doing this.

  1. Payment
    1. Charges for services and products shall be paid in advance unless otherwise agreed by us in writing. We reserve the right to change any of our prices at any time. All payments must be in UK Pounds Sterling and are subject to VAT as required by UK law.
    2. We charge a £12 fee if a payment is returned by the bank for any reason.
    3. We will either invoice for payments that are due or agree a payment schedule with you.
    4. It is your responsibility to make sure that payments reach us on time.
    5. Payment must reach us by the date specified in the associated invoice or payment schedule.

24.  Late payment

  1. We will let you know if a payment is late.
  2. We will charge you £12 if payment is late.
  3. Your account may be suspended if payment is more than 30 days late.
  1. Termination and suspension
    1. An account may be terminated without notice if:
  1. i.            The client fails to remedy breaches of these terms and conditions within thirty days of being notified of the breach.
  2. ii.            The client is a company and that company goes into insolvent liquidation or suffers the appointment of an administrator or administrative receiver or enters into a voluntary arrangement with the client’s creditors.
    1. On termination of the account Kilroy James shall be entitled to remove data and services associated with it. Data on servers may be deleted but may, at Kilroy James’ discretion, be held for such period as Kilroy James may decide, to allow the Client to collect it at the Client’s expense, subject to payment in full of any amounts outstanding and payable to Kilroy James.
    2. Kilroy James shall further be entitled to post such notice in respect of the non-availability of the Client’s Web Site as Kilroy James thinks fit.