Terms & Conditions

This agreement is between Nubble Media and the individuals/businesses who use our services.

Services

Nubble Media agrees to provide the services stated for the price agreed either by email or over the phone, in which a follow up email will be sent to confirm the details.

If a customer wishes to proceed on a given quote in which more than 12 months have passed, we reserve the right to revise and update the quote given, if at which time you do not wish to proceed, no cost will be incurred.

Terms

All customers are responsible for monitoring their site usage and website administration logs.

Customers who go over the limit of their storage space will be sent an email with the option to either upgrade their hosting agreement or setup a dedicated server for their site.

If customers continue to go over their limit we will do everything possible to help find a workable solution. If we are not able to reach an agreement Nubble Media reserves the right to terminate services, in the event of which you will be given a flexible time period to find an alternate solution for your required services.

Payments

Renewals

Renewal notices are automatically emailed after the services are renewed. The client assumes responsibility for cancellation of services and Nubble Media must be notified 30 days in advance of any renewal.

If you wish to cancel any services you have with us, simply send us an email to info@nubblemedia.com and we will reply to you within one working day to confirm your cancellation.

Purchase of services

Nubble Media will always agree to or send a brief for any project, or service requirements, prior to going ahead in order for both parties to know exactly what has been agreed to and to know the scope of any work.

If additional items are required as part of the project that arise after the brief or agreement, it must be quoted and agreed to separately of the original agreement.

Should you wish to cancel any services after approval, we will attempt to work out what is owed for the work completed so far or if the project has been completed to the brief the full amount will be invoiced.

Payment Methods

Nubble Media accepts the following payment methods:

  • BACS
  • Wire Transfer
  • Debit/Credit Card Payment (subject to requests for amounts less than £3,000)

Due date

Unless otherwise specified or agreed upon, full payment must be made within 30 days of the invoice date.

We advise deposit payments on large projects to be made as soon as possible in order to ensure there are no delays to any agreed upon timeframe.

Cancellation and Early Termination

Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Nubble Media is strictly prohibited.

Nubble Media will strongly react to any use or attempted use of an account or computer without the owner's authorisation. Such attempts include scamming (tricking other people into releasing their passwords), password theft, security scanning, port scanning, etc.

Any unauthorised use of accounts or computers by you, whether or not the attacked account or computer belongs to Nubble Media, will result in action against you. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.

Nubble Media has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

You may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Nubble Media to be unacceptable use of our services including abuse of server resources.

All web applications that are out of date and actively being exploited will be shut down immediately without prior notice. You will be offered a software upgrade should you require it, either due to security support ending or a new recommended version being released. If you should refuse this you are assuming full responsibility for any problems that arise due to running out of date software.

Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18 years of age; acts of copyright infringement including offering pirated computer programs or links to such programs.

Disk Space Abuse

Nubble Media will be the sole arbiter as to what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your Nubble Media client account.

Bandwidth Abuse

The intention of Nubble Media is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If you violate this condition, you will be notified and given 48 hours to remedy the problem.

Traffic will go unmonitored until you reach the amount of quota allocated to your specific plan. Nubble Media will be the sole arbiter as to what constitutes a violation of this provision.

AUP

Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that Nubble Media hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of Nubble Media notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Nubble Media reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Nubble Media and Customer regarding the interpretation of the AUP, Nubble Media commercially reasonable interpretation of the AUP shall govern.

Customer Information

Customer represents and warrants to Nubble Media that the information he, she or it has provided and will provide to Nubble Media for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Nubble Media that he or she is at least 18 years of age. Nubble Media may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.

Unsolicited Emails & Spamming

Unsolicited commercial advertisements (also known as spam) are not allowed by email accounts or web services running on our infrastructure and will likely result in account cancellation.

Nubble Media takes a zero tolerance policy towards spam and will always act to prevent it damaging either our infrastructures reputation.

99% Uptime

  1. This 99% uptime guarantee applies to any Customer in good financial standing with Nubble Media at the time of a service outage.
  2. Nubble Media endeavours to have the content of your website available for http access by any party in the world 99% of the time.
  3. Network downtime is defined as 100% packet loss from Nubble Media to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Nubble Media's office server monitoring system.
  4. In the event that your website is available for less than 99% of the time, Nubble Media will credit the following annual renewal with the time lost.
  5. Credit shall not be provided to YOU in the event that you have any outage resulting from:

    • Scheduled maintenance as posted from time to time at Nubble Media via our newsletter.
    • Your behaviour or the performance or failure of your equipment, facilities or applications.
    • Circumstances beyond Nubble Media's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site.
    • You breaking any agreement policy in Nubble Media's Terms and Conditions & Acceptable Usage Policy.

    Technical Support Boundaries

    Nubble Media provides technical support for you that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our bespoke CMS system, servers within our immediate responsibility and any other hosting related issues.

    Unlike many hosting companies We do our best to help with scripts, templates and programming languages. However, under no circumstances is Nubble Media obligated to help you in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by you previously.

    Scripts

    Each shared web hosting account comes with its own web application pool. You are free to use any scripts you wish, however we reserve the rights to disable any script that effects normal shared server operation without prior notice.

    Indemnification

    Customer agrees to indemnify and hold harmless Nubble Media, Nubble Media's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorised to use the services by Customer.

    You agree to defend, indemnify and hold harmless Nubble Media against all liabilities arising of:

    1. Any injury to person or property caused by any products sold or otherwise distributed in connection with Nubble Media's servers
    2. Any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party
    3. Copyright infringement
    4. Any defective products sold to a customer from Nubble Media's servers

    Disclaimer of Warranties

    Nubble Media does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Nubble Media disclaims any and all warranties including the implied warranties or merchant-ability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.

    Limitation of Damages

    Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.

    Not withstanding anything else in the agreement to the contrary, the maximum aggregate liability of Nubble Media and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.

    Suspension of Services/Termination

    Customer agrees that Nubble Media may suspend services to Customer without notice and without liability if: (i) Nubble Media reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Nubble Media reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Nubble Media reasonable reinstatement fee if service is Nubble Media following a suspension of service under this subsection.

    The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Nubble Media fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by Nubble Media prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Nubble Media describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

    If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.

    Request For Customer Information

    Customer agrees that Nubble Media may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that Nubble Media believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

    Back Up Copy

    Customer agrees to maintain a current copy of all content hosted by Nubble Media notwithstanding any agreement by Nubble Media to provide back up services.

    Request For Restore Of Hosting Package

    During any service term, customer may request up to one free restore for any reason of choice. If a customer should need to request a restore after this a £80 fee will be enforced.

    Changes To Nubble Media's Network

    Upgrades and other changes in Nubble Media's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. Nubble Media reserves the right to change its network in its commercially reasonable discretion, and Nubble Media shall not be liable for any resulting harm to Customer.

    Notices

    Notices to Nubble Media under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

    Force Majored

    Nubble Media shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Nubble Media's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organised labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

    Governing/Law Disputes

    The Agreement shall be governed by the laws of the England & Wales, exclusive of its choice of law principles, and the laws of the United Kingdom of Great Britain & Northern Ireland, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.

    Miscellaneous

    Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on Nubble Media unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Nubble Media's prior written consent. Nubble Media's approval for assignment is contingent on the assignee meeting Nubble Media's credit approval criteria. Nubble Media may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.

    Copyright Files

    All files stored on Nubble Media's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to JPEG, PNG, BMP, PSD, MP3, MP4, FLV, MKV, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.

    Cancellation of Service

    Nubble Media reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Nubble Media if we institutes our right of cancellation. Any violation of policies which results in extra costs billed to YOU.

    Promotional Rates & Special Offers

    Nubble Media may offer subsequent promotional rates or special offers, the terms of which may or may not be more favourable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.

    Intellectual Property Rights

    Material accessible to you through Nubble Media's services may be subject to protection under the United Kingdom or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Nubble Media or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Nubble Media network. If YOU use a domain name in connection with Nubble Media or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

    Network Security

    Customers may not use the Nubble Media network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Nubble Media will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

    Electronic Commerce

    YOU will be solely responsible for the operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:

    1. The accuracy and appropriateness of content and materials appearing within the store or related to YOUR products
    2. Ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party
    3. Ensuring that the content and materials appearing within the store or related to YOUR products are not libellous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.

    YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.

    Static & Dynamic Content Caching

    YOU expressly

    (i) grant to Nubble Media a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Nubble Media under this Agreement and

    (ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.

    IP Address Ownership

    Nubble Media shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Nubble Media. Nubble Media reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

    Domain Name Registration

    YOU agree to pay Nubble Media prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Nubble Media price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, cancelled or transferred prior to the end of YOUR then current registration term. Nubble Media reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Nubble Media to the email address indicated in YOUR registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by Nubble Media) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Nubble Media as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Nubble Media will reinstate YOUR domain name registration solely at Nubble Media's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

    Transfer domain registrar to Nubble Media

    YOU agree to pay Nubble Media prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Nubble Media price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:

    • No response from the Registered Name Holder or Administrative Contact
    • Domain name in Registrar Lock Status
    • Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

    Nubble Media reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Nubble Media to the email address indicated in YOUR registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by Nubble Media) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Nubble Media as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Nubble Media will reinstate YOUR domain name registration solely at Nubble Media discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

    Transfer domain away from Nubble Media

    Nubble Media reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:

    • No response from the Registered Name Holder or Administrative Contact
    • Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
    • Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

    YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Nubble Media will not be held liable for the failure of a domain name transfer for any reason.

    Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.

    Lawful Purpose

    Nubble Media reserves the right to refuse service to anyone. YOU may only use Nubble Media server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United Kingdom, European Union or United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: 'Pirated Warez', OGG, AVI, MPEG, ISO, 'Hacker programs or archives', 'Copyrighted Digital Movie Copies (DIVX)' and 'Unlicensed MP3'. The designation of any materials as such described above is left entirely to the discretion of Nubble Media management.

    If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Nubble Media may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.

    Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Yeovil, Somerset, and any dispute will be litigated or arbitrated in Yeovil, Somerset. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Yeovil courts. In no event shall Nubble Media's maximum liability exceed (£500.00) pounds.