Terms & Conditions - Orbit Web Solutions

Definitions and Interpretation
- 1.1 Definitions
- 1.2 Interpretation
Eligibility and Use of Services
- 2.1 Eligibility Requirements
- 2.2 Prohibited Activities
Scope of Services
Hosting Services
- 4.1 Hosting Options
  - 4.1.1 Shared Servers
  - 4.1.2 Dedicated Enterprise Servers
- 4.2 Performance and Uptime
- 4.3 Liability Disclaimer
- 4.4 Custom Plugins
Payment Terms
- 5.1 Invoicing and Payment
- 5.2 Late Payments
- 5.3 Refund Policy
Domain Name Management
- 6.1 Renewal and Costs
- 6.2 Client Responsibilities
Third-Party Payment Gateways
- 7.1 Integration and Use
- 7.2 Client Acknowledgment
Confidentiality
Intellectual Property Rights
- 9.1 Client-Owned Content
- 9.2 Orbit Web Solutions’ Work
- 9.3 Marketing Use
Data Protection and Privacy
- 10.1 Compliance with Laws
- 10.2 Data Usage
- 10.3 Client Responsibilities
- 10.4 Data Security
Service Level Agreement (SLA)
- 11.1 Support Response Times
Limitation of Liability and Indemnity
- 12.1 No Guarantee
- 12.2 Limitation of Liability
- 12.3 Indemnity
Dispute Resolution
Termination of Agreement
- 14.1 Termination by the Client
- 14.2 Termination by Orbit Web Solutions
- 14.3 Immediate Termination
- 14.4 Post-Termination Obligations
Force Majeure
Modification of Terms
Acceptable Use Policy (AUP)
- 17.1 Prohibited Activities
- 17.2 Enforcement
Migration Assistance
- 18.1 Migration Requests
- 18.2 Performance Disclaimer
- 18.3 Paid Features
Governing Law
Entire Agreement
Severability
Notices

1. Definitions and Interpretation

1.1 Definitions

In these Terms and Conditions ("Terms"):

"Client" refers to the individual or entity entering into a service agreement with Orbit Web Solutions.
"Services" means the website design, development, hosting, maintenance, and other related services provided by Orbit Web Solutions.
"Materials" refers to any content, including text, images, code, or data, provided by the Client for use in delivering the Services.
"Confidential Information" means all non-public information disclosed by one party to the other, including business plans, technical information, and pricing details.
"Custom Plugins" means any third-party plugins or tools installed by the Client.
"Agreement" refers to the contract between Orbit Web Solutions and the Client incorporating these Terms.

1.2 Interpretation

Headings are for convenience only and do not affect interpretation.
References to "including" mean "including without limitation."

2. Eligibility and Use of Services

2.1 Eligibility Requirements

By using our Services, you confirm that:

You are at least 18 years old or the age of majority in your jurisdiction.
You are engaging us for lawful business purposes.

2.2 Prohibited Activities

You will not use the Services to host or distribute illegal content, malware, or any material that infringes third-party intellectual property rights.
You will not attempt to reverse-engineer, copy, or replicate our proprietary systems, tools, or methods.

Orbit Web Solutions reserves the right to suspend or terminate Services if the Client violates these Terms or engages in prohibited activities.

3. Scope of Services

Orbit Web Solutions provides tailored website solutions, including but not limited to:

Hosting Services
Website Design and Development
Third-Party Integration
Support and Maintenance

4. Hosting Services

4.1 Hosting Options

4.1.1 Shared Servers

Designed for high performance, hosting exclusively for Orbit Web Solutions’ clients, ensuring reliability and speed.

4.1.2 Dedicated Enterprise Servers

Available for large-scale e-commerce businesses requiring advanced configurations and resources. Enterprise plans start at £1,000 per month for dedicated hardware tailored to your needs. Contact hello@orbitwebsolutions.co.uk for details.

4.2 Performance and Uptime

We aim for 99.9% uptime but cannot guarantee uninterrupted service due to factors beyond our control, such as hardware or network failures, acts of nature, cyberattacks, or third-party service disruptions.

4.3 Liability Disclaimer

We are not responsible for losses, including sales revenue, due to website downtime.

4.4 Custom Plugins

Any Custom Plugins or tools installed by the Client are used at their own risk. Orbit Web Solutions is not liable for incompatibility, failures, or vulnerabilities arising from such installations.

5. Payment Terms

5.1 Invoicing and Payment

Service fees are invoiced monthly based on your selected package and any optional add-ons.
Payments are due via direct debit on the same date each month.

5.2 Late Payments

Late payments may incur interest at a rate of 5% per month.
Orbit Web Solutions reserves the right to suspend Services until all overdue amounts are paid.

5.3 Refund Policy

Refunds are not provided for Services already rendered.

6. Domain Name Management

6.1 Renewal and Costs

Orbit Web Solutions manages domain names for clients upon request. Domains are set to auto-renew unless the Client specifies otherwise.
Orbit Web Solutions covers auto-renewal costs up to £10 per month per domain. Renewal fees exceeding this amount will be billed to the Client.

6.2 Client Responsibilities

It is the Client's responsibility to ensure their domain name registration details are accurate.
Orbit Web Solutions is not liable for the loss of a domain due to incorrect details or non-payment of renewal fees.

7. Third-Party Payment Gateways

7.1 Integration and Use

Orbit Web Solutions integrates third-party payment gateways, including but not limited to Stripe and PayPal, as part of our e-commerce solutions.

7.2 Client Acknowledgment

Orbit Web Solutions is not responsible for issues related to the functionality, security, or terms of these third-party systems.
The Client must comply with the terms of use provided by the payment gateway providers.
Ensuring PCI compliance and secure handling of payment data is the sole responsibility of the Client.

8. Confidentiality

Both parties agree to protect Confidential Information shared during the course of the Agreement.
Confidential Information must not be disclosed to third parties or used for any purpose outside the scope of these Terms without prior written consent.
Breaches of confidentiality may result in termination of the Agreement and potential legal action.

9. Intellectual Property Rights

9.1 Client-Owned Content

The Client retains ownership of all Materials provided for the website.

9.2 Orbit Web Solutions’ Work

All custom work, including website design, code, and other deliverables created by Orbit Web Solutions, are owned by Orbit Web Solutions.
The Client is granted a non-exclusive, non-transferable license to use the deliverables for their intended purpose.
Orbit Web Solutions retains the right to reuse generic or reusable code for other projects.

9.3 Marketing Use

Orbit Web Solutions may use anonymized examples of your website for promotional purposes unless the Client explicitly opts out in writing.

10. Data Protection and Privacy

10.1 Compliance with Laws

Orbit Web Solutions complies with the UK Data Protection Act 2018 and the General Data Protection Regulation (GDPR).

10.2 Data Usage

We collect and process personal data from Clients and, in some cases, their users, solely for managing and advertising purposes.
Personal data is not shared with third parties without consent, except as required by law.

10.3 Client Responsibilities

The Client must ensure that they have the necessary consents and legal bases for Orbit Web Solutions to process any personal data provided.
The Client is responsible for complying with all applicable data protection laws concerning their end-users.

10.4 Data Security

We implement appropriate technical and organizational measures to protect personal data against unauthorized access, alteration, disclosure, or destruction.

11. Service Level Agreement (SLA)

11.1 Support Response Times

We aim to respond to support requests within one business day; however, this is not guaranteed.
Support is available during standard business hours, Monday to Friday, excluding public holidays.

12. Limitation of Liability and Indemnity

12.1 No Guarantee

Orbit Web Solutions does not guarantee specific outcomes, such as revenue growth or improved search rankings.

12.2 Limitation of Liability

To the fullest extent permitted by law, Orbit Web Solutions accepts no liability for any indirect, incidental, consequential, or special damages arising out of or in connection with the Services.
Our total liability to the Client in any matter arising out of or in connection with these Terms is limited to the total fees paid by the Client in the 12 months preceding the event giving rise to liability.

12.3 Indemnity

The Client agrees to indemnify and hold harmless Orbit Web Solutions, its officers, employees, and agents from any claims, damages, liabilities, and expenses arising out of:
- Illegal use of the website.
- Intellectual property infringements.
- Breaches of these Terms by the Client.

13. Dispute Resolution

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Both parties agree to attempt to resolve any disputes amicably before resorting to legal proceedings.

14. Termination of Agreement

14.1 Termination by the Client

The Client may terminate the Agreement with three months’ written notice via email. Payments will continue as scheduled during the notice period.

14.2 Termination by Orbit Web Solutions

Orbit Web Solutions reserves the right to terminate Services with 30 days’ notice if the Client breaches these Terms and fails to rectify the breach within this time.

14.3 Immediate Termination

Either party may terminate the Agreement immediately if the other party:
- Becomes insolvent or enters into bankruptcy.
- Commits a material breach that cannot be remedied.
- Breaches confidentiality obligations.

14.4 Post-Termination Obligations

Upon termination, Orbit Web Solutions will:
- Cease all Services.
- Provide a final invoice for any outstanding fees or time-based work.
- Retain backups of your website for up to 30 days unless otherwise agreed.

15. Force Majeure

Orbit Web Solutions shall not be liable for any failure to perform its obligations where such failure results from circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, pandemics, or government actions.

16. Modification of Terms

Orbit Web Solutions reserves the right to modify these Terms at any time.
Clients will be notified of any significant changes via email at least 30 days before the changes take effect.
Continued use of the Services after the effective date constitutes acceptance of the new Terms.

17. Acceptable Use Policy (AUP)

17.1 Prohibited Activities

Clients using Orbit Web Solutions’ hosting services agree not to engage in activities including, but not limited to:

Hosting illegal, abusive, or unethical content.
Distributing malware, phishing schemes, or spam.
Infringing on copyright, trademark, or other intellectual property rights.
Promoting hate speech, discrimination, or violence.
Engaging in activities that could harm the reputation or operations of Orbit Web Solutions.

17.2 Enforcement

Orbit Web Solutions reserves the right to suspend or terminate Services immediately without prior notice for AUP violations.

18. Migration Assistance

18.1 Migration Requests

Migration requests will be fulfilled within 30 days of the request and billed separately at our standard hourly rate.

18.2 Performance Disclaimer

Orbit Web Solutions cannot guarantee the website’s performance, functionality, or compatibility after migration to a different hosting provider.

18.3 Paid Features

Any premium features or tools provided by Orbit Web Solutions will be disabled unless independently licensed by the Client.

19. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales.

20. Entire Agreement

These Terms, along with any Service Agreements and attached schedules, constitute the entire agreement between Orbit Web Solutions and the Client and supersede all prior understandings, agreements, or representations.

21. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

22. Notices

All notices under these Terms shall be in writing and sent via email to the addresses specified by each party.

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