IMPORTANT! THESE TERMS AND CONDITIONS (THESE “TERMS AND CONDITIONS”) GOVERN THE USE OF THE PRESTON PICTURES WEB SITE, MATERIALS AND SERVICES BY YOU AND YOUR EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS “YOU”). BY USING THE WEB SITE/MATERIALS/SERVICES, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS. PRESTON PICTURES RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE WEB SITE/MATERIALS/SERVICES AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, in our sole discretion, without prior notification, to accept or decline your order or limit the order quantity for any reason. For credit card payments, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honour the credit card for any reason. We may require, at our option, that any order placed over certain monetary amounts receive our pre-approval. We also may require additional verification or information before accepting any order.
Acceptance of Contractual Agreement
- Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written/verbal contract, and receipt of such order by Preston Pictures, that you are agreeing to our TOS, and AUP. No modifications of said contract by customer are allowed.
- Preston Pictures will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service and service fees have been communicated to the customer, and that he/she is aware of all applicable charges as per contract, AUP, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
- In connection with any Hosting Services, if Customer’s actual bandwidth or disk usage in any month exceeds allotted amount, specified in Customer’s contract, Customer will pay Preston Pictires any additional fees as specified in the Service Description. If you do not pay, Preston Pictures will suspend your account until payment is received.
Establishment of this service is contingent upon receipt of payment from Customer to Preston Pictures. Subsequent payments are due on the anniversary date of the month for that month’s service(s), unless customer requests all monthly payments to be consolidated to one specific billing date.
Payments and Fees:
Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a £10.00 declination fee. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for non-payment is subject to a £10.00 reconnect charge. Accounts not paid by due date are subject to a £10.00 late fee.
Preston Pictures may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
ACCEPTANCE OF TERMS
All requests for cancelling any service / services must be made through the Preston Pictures Support Centre. Confirmation receipt of cancellation will be sent within 24 hours.
Refunds and Disputes:
All payments to Preston Pictures are non-refundable after Customer’s 7-day money-back guarantee period (hosting accounts only). This includes any setup fees and monthly fees, regardless of usage. All billing disputes must be reported within 14 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargeback’s, under the terms and conditions of our AUP, and TOS, will result in service interruption, as well as reconnection fees to restore the desired service. Refunds for cancelled website design orders will not be given unless pre-authorized by a senior billing consultant.
You may not take any action that violates our Acceptable Use Policy, which can be found within the website.
Preston Pictures’s hosting accounts include a nightly backup service, however these backups are for Preston Pictures’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Preston Pictures does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Preston Pictures’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.
We charge £5 per GB of data that is used over your allocation; should your website go over it’s allocation, it will be suspended in the first instance. Any unsuspensions will need to be authorised and will be billed at the end of each month.
Use of certain Preston Pictures services grants a limited licence to use various software products. The limited licence allows you, the customer, to make use of such software, up to the limits of your service, for as long as your service is current and up to date. Upon termination of your service your right to use such software is also terminated and any licence keys, serial codes etc. should be returned to Preston Pictures and no longer used. The limited licence grants rights to use such software on Preston Pictures equipment only and the licence cannot be used on any other equipment.
USE AND PROTECTION OF USERNAME AND PASSWORD
You are responsible for maintaining the confidentiality of your username and/or password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
WEBSITE MAINTENANCE CONTRACTS
Subject to client acceptance of service, these are run on a monthly billing period – 3 hours per month are included within your allocation, and are not transferable from one month to the next (any unused allocation will be lost). Subsequent hours after the included allocation are charged at £10 per hour. One month’s notice must be given to terminate the maintenance contract. If you cancel the maintenance service, you cannot reinstate it on your account; if you require maintenance, you will be charged the going rate (which will be much higher).
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND PRESTON PICTURES, ALL MATERIALS AND SERVICES ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PRESTON PICTURES MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. PRESTON PICTURES MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THE SITE MAY BE OUT OF DATE, AND PRESTON PICTURES MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
PRESTON PICTURES ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THE SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IN NO EVENT SHALL PRESTON PICTURES OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT PRESTON PICTURES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Site contains links to third-party Web sites that are not under the control of Preston Pictures. Preston Pictures makes no representations whatsoever about any other Web site to which you may have access through the Site. When you access a non-Preston Pictures Web site, you do so at your own risk and Preston Pictures is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. Preston Pictures provides these links merely as a convenience and the inclusion of such links does not imply that Preston Pictures endorses or accepts any responsibility for the content or uses of such Web sites.
The Site can be accessed from other countries around the world and may contain references to Preston Pictures products, services, and programs that have not been announced in your country. These references do not imply that Preston Pictures intends to announce such products, services or programs in your country.
Entire Agreement; Amendments