Terms and Conditions

Before any of these policies come into effect, we like to speak with our cutomers and resolve any issues in a amicable way. This we feel is better for all concerned. The following Acceptable Use Policy is only the 'final line', which we must include for legal reasons. It is rare that customers contravene any of the policies here and rarer still that we ever have to take any action.

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Terminology
The terms 'We', 'The Company' and 'KJO Web Services' and refer to the staff responsible for the running of KJO Web Services.
The terms 'The Customer', 'The Client' and 'You' refer to customers of KJO Web Services.

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1. Acceptable Use Policy
Acceptance of these Terms & Conditions also indicates acceptance of our Acceptable Use Policy.

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2. Payment
Use of KJO Web Services' offerings is dependent upon the receipt of payment, which must be made upon ordering services and on any appropriate anniversary date thereafter. Failure to pay will result in termination of service. Payment is made in UK £ sterling.

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3. Cancellation
You may cancel your account at any time by e-mailing us. If you cancel within the first 14 days, you may be entitled to a refund under KJO Web Services' Refund Policy. If you cancel after 14 days, any and all refunds are at KJO Web Services' discretion. If you do not make payment for services, your account will be immediately suspended. Please co-ordinate all cancellations in order to avoid problems. If in any doubt please e-mail us.

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4. Violation Procedures
KJO Web Services tries to deal with accidental violations as amicably as possible, but the basis for dealing with violations is as follows -

4.1 Serious Violations
KJO Web Services reserves the right to withdraw services and delete accounts without notice in the event of serious violations. KJO Web Services holds the decision as to what constitutes a 'serious' violation at its discretion but, typically, such things would be: anything illegal, anything that subjects KJO Web Services to charges by third parties, SPAM, security violations, hacking and distribution of viruses. Any violation that KJO Web Services deems to be 'serious' subjects the customer to a charge of between £250 and £500 immediately and a subsequent charge of £175 per hour for the time it takes to deal with the violation. The customer also agrees to pay any additional costs (legal or otherwise) incurred in dealing with the violation. All refund policies are retracted for customers who are subject to Serious Violations.

4.2 Minor Violations
Minor violations are dealt with in the first instance by issuing a warning to the customer to allow them to rectify the problem themselves without further penalty. If this is not acted upon, the violation becomes a Serious Violation as specified above. We much prefer to sort out violations amicably if possible and fully understand that accidents sometimes do happen!

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5. Uptime
KJO Web Services strives to maintain 99.9% uptime or better, but the customer must accept that services can be interrupted for reasons for which we can not be held responsible. If our uptime drops below 98% for reasons of our own making, KJO Web Services will make appropriate recompense to its customers at its discretion (such as a free period of hosting or additional services). Such recompense is made entirely without liability.

Please note that (unlike some hosting companies) when we quote downtime we are talking about all downtime, without exclusions for 'scheduled' downtime or downtime that is 'not our fault'. We appreciate that as far as you - the customer - is concerned, downtime is downtime! Please also note that this is very rare amongst hosting companies (most do not use independant, undoctored 3rd party stats) and we ask you to consider that when comparing our uptime to that of other hosts.

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6. IP Addresses
KJO Web Services does not allocate IP addresses to customers as we simply do not have enough available to do so. If you require a dedicated IP address for your website you are advised to look into hosts that offer such a feature.

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7. Back Ups
KJO Web Services backs its servers up every 24 hours, but this is to allow us to restore an entire server should the 'worst' happen. You must back up your own data for your purposes. KJO Web Services offers no guarantee with regard to its ability to restore data and does not restore individual sites on request.

The exception to this is if you elect to purchase one of KJO Web Services' backup plans which offer a guarentee on the regularity of backups and the ability to restore them. Purchased plans may be used on a KJO Web Services hosting account or a 3rd party offering. Irrespective of type of backup employed (self backups, our plans or 3rd party solution) KJO Web Services does not make 100% guarentees that your data will be restorable although those who have paid for backup services will recieve the full attention of our support team with regard to issues with restoring data.

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8. Support
KJO Hosting provides support for its customers via its forums, faq pages, e-mail and telephone. Please note that KJO Web Services gives real support. When you contact KJO Web Services support, you contact someone who can resolve your problems (hopefully!), not a 'call centre' whose job it is to simply answer support questions with "investigating" to give only an impression of true 24 hour support.

8.1 KJO Web Services' official support guarantee means you will recieve an answer to your question within 48 hours at the worst case senario, but it will be more like a few hours in the majority of cases.

8.2 KJO Web Services employs people to monitor its servers 24x7 and responds to serious failures detected at any time. We aim to ensure that you can always access your web site and e-mail.

8.3 KJO Web Services supports only its own facilities and services and any support we provide for scripts or services beyond that is purely at our discretion.

8.4 The customer agrees to check our forum/faq/documentation before contacting support.

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9. Responsibility For Content
You are responsible for the content of your web site(s). If you host web sites for others, you are responsible for the content of their web sites too.

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10. Shared SSL
SSL shared is provided on all our servers. While this provides an SSL connection between a user of your site and us we make no guarentee as to the ultimate security of that connection and for all customers who wish to conduct financial transactions and similar with their users are reminded that any losses incurred as a result of doing so using KJO Web Services SSL are not our responsibility.

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11. Order Processing Please note that it may take up to 48 hours to process an order (unless otherwise stated next to the product or service), although most things are processed automatically and you should be set up within a few hours. However, KJO Web Services completes one part of the process manually to help prevent fraud. If your order has not been processed within 48 hours, please contact KJO Web Services using the details on our contact page.

We reiterate though, 95% of orders are fulfilled within 2 hours during the day (we don't process orders during the night).

The exceptions to this rule are those cases where KJO Web Services is contracted to carry out work over a period of time. This includes but is not limited to web design, development and site management. In these cases the completion of an order is defined as the moment at which we agree to commence work and the customer agrees to make payment for this work.

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12. Third Party Software
Any third party software supplied by KJO Web Services is subject to the terms and conditions specified here IN ADDITION to any terms and conditions applied by the third party software supplier. KJO Web Services is NOT responsible for third party software.

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13. Law
Our services are provided subject to English Law and, where appropriate, the law of other countries.

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14. The KJO Hosting Web Site
14.1 Copyright: All material on this web site is copyright owned by KJO Web Services and/or its contributors. No part of this web site may be reproduced without prior permission from KJO Web Services.

14.2 Trademarks: The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this site are registered and unregistered trademarks of KJO Web Services and others. Your use of the trademarks displayed on this web site is strictly prohibited without our written permission.

14.3 Links And References To Third Party Sites: KJO Web Services is not responsible for the content of third party web sites, even if they are linked to, referred to or recommended on KJO Web Services' web site.

14.4 Emails Or Documents: Emails, forum posts and other documents sent to KJO Web Services become the property of KJO Web Services unless otherwise agreed. We may use the content of said emails, forum posts or documents in any way we wish, save for breaching your privacy.

14.5 No Endorsement: Reference to any product, process, publication, or service of any third party by trade name, trademark, manufacturer or otherwise does not constitute or imply the endorsement or recommendation of such by KJO Web Services unless expressly stated.

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15. Your Details
You agree to e-mail us and let us know about any changes to your details as we must by law retain acurate and up to date information about all our customers. Your e-mail address, telephone number and postal address must always be current and correct. Please let us know if they are not so that we can change them. If we cannot contact you for some reason, you may find that any problems we encounter result in account suspension.

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16. Final Adjudication
Final adjudication on all matters relating to KJO Web Services and its business rests with the officers of KJO Web Services. KJO Web Services prides itself on being a co-operative, honest, helpful and fair company, but customers entering into any contract of sale for KJO Web Services' products and/or services must accept that KJO Web Services' adjudication on all matters is final.

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17. Liability
ANY SERVICES OR PRODUCTS SUPPLIED BY KJO WEB SERVICES ARE PROVIDED TO THE CUSTOMER "AS IS" AND KJO WEB SERVICES MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THESE SERVICES, PRODUCTS AND/OR ASSOCIATED MATERIALS PROVIDED TO THE CUSTOMER, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. KJO WEB SERVICES DOES NOT WARRANT THAT THE SERVICES OR PRODUCTS IT PROVIDES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF ANY SERVICES OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES OR PRODUCTS WILL BE CORRECTED.

KJO WEB SERVICES IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS OF PROFITS, OR INTERRUPTION OF BUSINESS, OR FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER ARISING OUT OF BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.