Terms & Conditions
Last Updated: 17th February 2017
Welcome to mgbdigital.co.uk
This hosting agreement governs your purchase and use, in any manner, of all Web services, ordered by you and accepted by mgbdigital and describes the Terms and Conditions that apply to such purchase and use of the services. You agree to be bound by the Terms and Conditions contained herein. mgbdigital reserves the right to change or modify any of the Terms and Conditions contained in the Agreement at any time and from time to time in it's sole discretion, and to determine whether and when any such changes apply to either existing or future customers. mgbdigital may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Website and Services following mgbdigital posting of any changes or modifications will constitute your acceptance of such changes or modifications.
Your Information and Privacy
You agree to provide accurate, complete and up-to-date information when registering for any of the services that mgbdigital provide. You also agree to keep your username and password confidential, and that you are the sole user of the services that are provided to you by mgbdigital
[For the purpose of the Data Protection Act of 1998, mgbdigital is our data handler.]
Operation of this site may require collection and processing of the following data:
1 Visit details to our site or any resources used on our site are not limited to just location and traffic data, weblogs or other communication information.
2 Information given to us when you contact us for any reason.
3 Data offered by filled out forms on our site, like a registration or purchase.
Our advertisers and us may have the occasion to collect information in regards to your computer for our services. The information is gained in a statistical manner for our use or advertisers on our site.
Data gathered will not identify you personally. It is strictly aggregate statistical data about our visitors and how they used our resources on the site. No identifying personal information will be shared at any time via cookies.
Close to the above, data gathering can be about general online use through a cookie file. When used, cookies are automatically placed in your hard drive where information transferred to your computer can be found. These cookies are designed to help us correct and improve our site’s services or products for you. You may elect to decline all cookies via your computer. Every computer has the ability to decline file downloads like cookies. Your browser has an option to enable the declining of cookies. If you do decline cookie downloads you may be limited to certain areas of our site, as there are parts of our site that require cookies.
Any of our advertisers may also have a use for cookies. We are not responsible, nor do we have control of the cookies downloaded from advertisements. They are downloaded only if you click on the advertisement.
Your Information and Privacy
Primarily, we collect and store data about you to help us provide better service and products to you. The following are purposes we may use your information for:
1 At anytime you request information from us via a form or other electronic transmission we may use your information to fulfill that request relating to our services and products. We may also communicate with you on other products or services you may find of interest, only when consent has been provided.
2 Contracts we make with you create a commitment, which may require contact or use of your information.
3 We have the right to notify you of changes to our website, products or services that could affect our service to you.
4 Information on products or services similar to those of an existing consumer purchase may be communicated to you. The information sent to you in a communication will be similar to the subject of a recent sale.
5 We may also use your information or allow a third party use of this data, to offer you information about unrelated products or services you may be interested in. We or third parties can only communicate if you have consented to such communication and data use.
6 New consumers can be contacted by our website or third parties only if consent has been granted, and only for those communications you have granted.
7 An opportunity for declining your consent is provided on our site. Use this opportunity to withhold your details from us or third parties, regarding data we may collect.
8 Be aware we do not reveal identifiable information about you to our advertisers, though we may at times share statistical visitor information with our advertisers.
Storage of Personal Data
2 Information submitted by you is stored on secure servers. Any payment or transaction details will be encrypted for full safety measures to be in use.
3 As you know, transmission of data on the internet is never guaranteed regarding safety. It is impossible to guarantee your safety with electronic data and transmission. You are therefore at your own risk if you elect to transmit any data. When offered you may create a password, but you are responsible for keeping it confidential.
1 If necessary, we may share personal information to our group members including such entities as subsidiaries, holding companies and their subsidiaries. Information is shared only when applicable.
2 Third party disclosure may be necessary in regards to personal information:
2.1 A sale of our business or its assets, in full or part, to a third party may require personal data sharing.
2.2 Legally, we may be asked to share and disclose data details.
2.3 To assist in reducing credit risk and fraud protection.
The Data Protection Act 1998 provides you with the right to access the information that we collect about you. Please note any demand for access may be subject to a fee of £10 which covers our costs in providing you with the data requested. The contact information below needs to be used to request access about details we collect and store on you.
As consideration for mgbdigital providing the Website and Services hereunder, Customer agrees to pay mgbdigital the aggregate monthly fee based on the quote they were given or the hosting Services purchased.
Provisions of Services
mgbdigital will provide Customers with the services ordered that are described on the homepage of this site. Customer understands and agrees that mgbdigital will host the Customers Website solely in accordance with the information provided by Customer.
Rights to the Customers Website and Content
With the exception of any Third-Party materials and background technology as set forth below, Customer owns the Customer Content. "Customer Content" means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data or software), in any medium, provided by Customer to mgbdigital. "Third-Party Materials" means any content, software or other computer programming material that is owned by an entity other than mgbdigital and licensed by mgbdigital or generally available to the public, including under published licensing terms, and that mgbdigital will use to display or run the Website. mgbdigital owns the rights to the web hosting space which the Customer has paid for.
Limited License to the Background Technology
"Background Technology" means computer programming/formatting code or operating instructions developed by or for mgbdigital and used to host or operate the Website or a Web Server in connection with a Website. Background Technology includes, but is not limited to any files necessary to make forms, buttons, checkboxes and similar functions and underlying technology or components such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines and menu utilties whether in database form or dynamically driven. Background Technology does not include Customer Content. Customer may not duplicate or distribute any Background Technology to any Third Party without the prior written consent of mgbdigital. All rights to the Background Technology not expressly granted to Customer hereunder are retained by mgbdigital. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile or otherwise attempt to derive any source code of the Background Technology or Website except as allowed by law.
Limited License to Content
Customer hereby grants to mgbdigital the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit the Website, any Customer Content or any Customer Marks provided to mgbdigital hereunder solely for the purpose of rendering mgbdigital Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
Customer agrees not to provide Customer Content and mgbdigital will not intentionally provide to Customers any content, that (a) infringes on any Third Partys intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens' rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then Customer agrees to comply with all applicable local and national laws. mgbdigital reserves the right to refuse any other subject matter it deems inappropriate.
mgbdigital agrees to provide reasonable technical support by email at email@example.com to Customer during mgbdigital normal technical support hours which are between 10pm – 5am.
Term and Termination
(a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) mgbdigital may terminate this Agreement after five (5) days' written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of this Agreement, Customer will pay mgbdigital for all Services provided to Customer by mgbdigital prior to termination. Sections 2, 3, 4, 5, 9, 11, and 12 will survive termination of this Agreement.
Except as expressly provided in this Agreement, the Services are provided "as is," and mgbdigital expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that mgbdigital will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by mgbdigital to a Customer will be deemed accepted when delivered.
(a) Customer Indemnity. Customer will defend mgbdigital against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in the Sections. Subject to Section 11, Customer shall indemnify DuraHost for all losses, damages, liabilities, and all reasonable expenses and costs incurred by mgbdigital as a result of any such third-party claim, action, suit, or proceeding. (b) mgbdigital Indemnity. mgbdigital will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, mgbdigital shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit, or proceeding. (c) Mechanics of Indemnity. The indemnifying party's obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) granting control of the defence and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party's expense.
99.5% Uptime Guarantee
(a) mgbdigital operates on servers provided to us by a third party so cannot be held responsible for downtime that occurs, we will try our best to stay above 99.5% uptime.
mgbdigital refuse to host any website that is aimed at a foreign country as we are unable to check/read your content to be sure it is legal and therefore in hosting a foreign site we are putting our servers at risk of suspension by the Data Centre.
30 Day Money Back Guarantee
(a) Any new client who signs up to mgbdigital has a right to full refund if they are unhappy with their services after joining mgbdigital. After 30 days you are not able to get any form of refund and will hold your service until the end of the billing period. (b) Account which is suspended is not able to claim the guarantee back.
Limitation of Liability
MGBDIGITAL LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO MGBDIGITAL DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. MGBDIGITAL SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF MGBDIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, MGBDIGITAL WOULD NOT ENTER INTO THIS AGREEMENT.
mgbdigital reserve the right to suspend or terminate a client’s product, deemed there is a valid reason.
Customer is fully accountable for the activity, use and files that are held on the web space and mgbdigital is not responsible at any time and by agreeing to the terms and conditions are bound to this. If such activity is found that breaks the Law or infringes Copyright your account will be immediately terminated and the relevant authority’s in your country will be informed.
This website and its content is copyright of mgbdigital - © mgbdigital 2017. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
You may print or download to a local hard disk extracts for your personal and non-commercial use only
You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.