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Hosting Terms & Conditions

Please read these terms and conditions (“Terms”) carefully before using Our Website as they affect Your rights and liabilities under law. By using this Website or making a purchase either electronically via this Website, or by phone or fax, or in person, You agree to be bound by these Terms including Our Privacy Policy.

WITHOUT LIMITING THE GENERALITY OF THESE TERMS, YOUR ATTENTION IS IN PARTICULAR DRAWN TO CLAUSES 7 AND 14.

1. Definitions and Interpretations

1.1 In these Terms the following words shall mean:

Contact Address - Pixie Media, Tor View House, Clampitt Road, Ipplepen, TQ12 5RJ;

Contract - these Terms and the Order;

Goods - the items or services advertised on the Website purchased by You from Us;

Intellectual Property Rights - all patents, database rights, copyright, design rights, trade marks and other similar rights wherever existing in the world whether registered or unregistered together with the right to apply for protection of the same;

Order - the order for Goods placed by You and accepted by Us subject to these Terms;

Order Form - the order form submitted by You subject to these Terms setting out the Goods You wish to Order;

Us, Our, We - Atom Trading Limited, a company registered in England and Wales with company number 7903381 and having its registered office at, Old Grange, Bridge Street, Ipplepen, Devon, UK trading as Pixie Media;

User – any person who browses the Website;

Website - the website identified by the URL www.pixiemedia.co.uk or such other URL that We may use in connection with the Goods from time to time;

You, Your - the person or organisation using the Website or buying Goods from Us pursuant to these Terms.

1.2 In these Terms references to “in writing” shall include e-mail. Any queries regarding these Terms, the Goods or Your Order must be made to the Contact Address.

2. Application of these Terms

2.1 If you are submitting an Order Form, you agree to be bound by these Terms. If you are a User, Your use of the Website constitutes Your agreement to be bound by these Terms insofar as they are relevant to use of the Website only.

2.2 These Terms (as amended by Us from time to time in accordance with clause 2.3 below) shall apply to the exclusion of any other terms or conditions and You agree to abide by them.

2.3 We reserve the right to vary these Terms at any time. If so, the updated version will be posted on the Website and You will bound by the updated version if You continue to use the Website thereafter.

PART A – USE OF THE WEBSITE

3. Website Content

All rights and title in this Website and its contents is either the property of Atom Trading Limited trading as Pixie Media or We are duly licensed to use it. All rights are reserved. You are permitted to download a single hard copy of Website content and print extracts from the Website for Your own personal and non-commercial use. Unless otherwise stated, the Intellectual Property Rights in all material on this Website (including without limitation photographs and graphical images) are owned by Us. Except as expressly provided nothing contained herein shall be construed as creating any license or right under Intellectual Property Rights.

Atom Trading Limited is the owner of various registered and unregistered trademarks. Under no circumstances should you use, encourage third parties or authorise any third party to use any trademark (whether registered or unregistered) owned by Us without Our consent.

4. Links

This Website may include links to other websites. These websites and the content, products and services available through them are not under Our control and should not be considered to be endorsed or approved by Us. We do not accept any liability in connection with any third party websites that may be accessed through this Website.

You must not create or encourage any third party to create hyperlinks to the Website without Our prior written consent (which We may withhold at our absolute discretion and without providing any reason).

5. Privacy Policy

You have read and agree to the terms of our Privacy Policy.

6. Service access

While We endeavour to ensure that this Website is available 24 hours a day, We shall not be liable if for any reason this Website is unavailable at any time or for any period.

We give no warranties as to the availability, performance or accessibility of the Website. Access to this Website may be suspended temporarily and without notice at Our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control.

7. Disclaimer

7.1 While We endeavour to ensure that the information on this Website is correct, We do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website at any time without notice. The material on this Website may be out of date, and We make no commitment to update such material.

7.2 The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, We provide You with this Website on the basis that We exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website. We do not warrant that this Website, its servers, or emails which may be sent by Us are free from viruses or other harmful components.

7.3 We exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with this Website; the use, inability to use or the results of use of this Website; any websites linked to this Website or the material on such websites; Your downloading of any material from this Website or any websites linked to this Website; or viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing of this Website.

PART B – GOODS

8. Goods Information

8.1 We have made all reasonable efforts to accurately display the features of the packages on our website.

8.2 All hosting pacakages are subject to an activation period of no longer than 1 working day. We may contact You for additional information relating to the setup of your account.

9. The contract between You and Us

9.1 We must receive payment of the whole price for the Goods that You Order before Your Order can be accepted. Please follow directions given on the Website to place an Order. Payment shall be made by You by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the Order. Once payment has been received by Us We will confirm that Your Order has been received by sending an e-mail to You at the email address You provide in Your order form.

9.2 You have the right to cancel the Order up to 30 day after activation. If You wish to cancel pursuant to this clause then You must notify Us in writing.

10. Price

10.1 Subject to this clause 10, the price payable for Goods that You Order are as set out in Our Website;

10.3 Prices are subject to change without notice but changes will not affect Orders which We have already accepted.

10.4 Prices are inclusive of VAT.

10.5 The Price is exclusive of any import or export duty.

10.6 Prices stated are for 12 months of continual hosting. You will receive an invoice approximately 1 month before the end of your hosting period should you wish to renew your hosting.

11. Right of Cancellation

11.1 To cancel Your Order You must notify Us in writing before the end of the period set out in clause 11.1.

11.2 All cancellations should be undertaken in accordance with and subject to Our Returns Procedure.

11.3 Once You have notified Us that You are cancelling Your Order, any sum debited to Us from Your credit card will be re-credited to Your account as soon as possible

12. Cancellation by Us

12.1 We reserve the right to cancel the Contract if:

a. we have insufficient stock to deliver the Goods You have ordered; or

b. if one or more of the Goods You ordered was listed with incorrect information including without limit price, and/or description for whatever reason; or

c. if We have reason to believe that You will fail to pay for the Goods or that You will not comply with these Terms.

13. Liability and Limitation

13.1 Subject to clause 14.4, if the Goods We deliver are not what You ordered or are damaged or defective when You receive them or the delivery is of an incorrect quantity, We shall have no liability to You unless You notify Us in writing at our Contact Address of the problem within seven (7) working days starting from the date immediately after the delivery of the Goods in question. Our only obligation will be, at Our option to:

a. make good any shortage or non-delivery or incorrect delivery; or

b. replace or repair any Goods that are damaged or defective; or

c. refund to You the amount paid by You for the Goods in question

provided that the above obligations shall not apply when such damage or defect has arisen as a consequence of any negligence by You or Your failure to comply with any reasonable instructions issued by Us.

13.2 Save as precluded by law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising. Without prejudice to the foregoing, our total aggregate liability to You under and/or arising in relation to the Contract shall not exceed the amount paid by You for the Goods.

13.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from Our Website. The importation or exportation of certain of our Goods to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods You purchase.

13.4 Notwithstanding the above, nothing in these Terms is intended to limit any rights You might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to You for any death or personal injury resulting from Our negligence.

13.5 You acknowledge and accept that save as expressly stated on the Website We give no representation, warranty or statement as to the Goods including without limit their quality and/or suitability.

14. Returns procedure

You acknowledge and agree to be bound by the terms of our Returns Procedure.

15. Events beyond our control

We shall have no liability to You for any failure to deliver Goods You have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs, terrorism and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

PART C - GENERAL

16. Notices

Unless otherwise expressly stated in these Terms, all notices from You to Us must be in writing and sent to Our Contact Address.

17. Invalidity

If any part of these Terms is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.

18. Third party rights

A person who is not a party to this Contract has not got any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

19. Governing law

This Contract shall be governed by and interpreted in accordance with English law and the English Courts shall have jurisdiction to resolve any disputes between us.

20. Complaints

If You have any concerns or complaints about the Goods, this Website or the service You have received then please write to the Contact Address.

21. Entire Agreement

These Terms, together with our current Website prices, Returns Procedure and Privacy Policy, set out the whole of our agreement relating to Your use of the Website and (if applicable) the supply of the Goods to You by Us. Nothing said by any sales person on our behalf should be understood as a variation of the Terms or as an authorised representation about the nature or quality of any Goods offered for sale by Us. Save for fraud or misrepresentation, We shall have no liability for any such representation being untrue or misleading.

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