1. DEFINITIONS
"Agreement" shall refer to the agreement between Short-Links and the Customer for the provision of Services by Short-Links to the Customer;
"Bandwidth" shall refer to the rate of data transmission in bits per second, using Short-Links 's equipment;
"Confidential Information" shall refer to information which is identified as confidential or proprietary by either party or the nature of which is clearly confidential or proprietary;
"Customer" shall refer to You, an individual or entity which has accepted these Terms of Service;
"Fees" shall refer to the fees for the Services, the pricing of which is as shown on the hosting contract;
"Intellectual Property Rights" shall refer to any and all patents, trade marks, service marks, copyright, know-how, design rights, or any other intellectual or similar rights, whether or not registrable in any country, together with all or any goodwill relating to the same;
"Services" shall mean web hosting, domain name registration, dedicated servers, email, reseller accounts, Add Ons and any other services provided by Short-Links where applicable;
"Short-Links" shall refer to Salesfunnel.co.uk Ltd, a company registered in England and Wales, whose company number is 06644530. Short-Links is a trading name of Salesfunnel.co.uk Ltd;
"You", "Your" and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or beneficial interest.
2. SERVICE USE
2.1 The use of Short-Links to provide truncated links to online content that is proscribed by criminal law, or that we judge to be harmful, defamatory or in violation of other legal provisions, is strictly prohibited. Contravention of this clause will result in the suspension of the offending account in order for an investigation by Short-Links to be undertaken, the verdict of which may result in total removal of the account from Short-Links. A non-exhaustive list of examples of prohibitive content includes:
3. UNLIMITED USER POLICY
3.1 High Bandwidth usage: Short-Links offers an unlimited use policy by maintaining very large ratios of Bandwidth per customer. In rare cases, Short-Links may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Short-Links reserves the right to impose the High Resource User Policy for the consideration of all customers.
4. HIGH RESOURCE USER POLICY
4.1 Resources are defined as Bandwidth, processor utilization or disk space. Short-Links may implement the following policy to its sole discretion: when a website is found to be monopolising the resources available, Short-Links reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Short-Links continues providing services for the account for an additional fee.
5. FEES & PAYMENT TERMS
5.1 All Fees for Services are payable in advance and are non-refundable;
5.2 All Fees must be paid in UK Pounds Sterling and all prices are quoted net of Value Added Tax (VAT);
5.3 Although Short-Links reserves the right to change the prices for the Services at any time, all pricing is guaranteed for the period of the prepayment. Any changes to the prices of Services will be clearly communicated to Customers prior to their recurring renewal, with one month's notice being given for such changes. Notice will be served via email, to the email address held on the Customer's Short-Links account;
5.4 Where applicable, Customers are required to maintain a valid credit/ debit card – or Standing Order in payment - and email address on their account at all times. Failure to do so may result in the suspension of Your account;
5.5 Short-Links will suspend access to an account which: (i) contains invalid or fraudulent details; (ii) initiates a credit/ debit card chargeback; or doesn’t honour a recurring payment.
6. TERM & TERMINATION
6.1 In order to ensure continuity of service, Short-Links operates an auto renewal policy on all the Services it provides to Customers. Upon expiration of Your initial term, Your Services shall be automatically renewed for the same period as Your initial term, at which point Short-Links shall charge the credit/ debit card held on Your account or send an invoice;
6.2 YOU AGREE THAT YOU THE CUSTOMER ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR SERVICES ARE RENEWED, AND THAT SHORT-LINKS SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE SERVICES;
6.5 Short-Links reserves the right to terminate a Customer's Agreement at any time. In this event, You will be entitled to a pro-rata refund based on the unexpired term of service, unless You have contravened these Terms of Service, in which case You may not be entitled to a refund;
6.6 Short-Links shall have the right to terminate this Agreement immediately should the Customer fail to make advance payment for any Service, when such payment becomes due to Short-Links;
6.7 Either party may terminate this Agreement at any time if the other party (i) is in material breach of this Agreement and fails to remedy such breach within 30 days of the receipt of a request to remedy such breach, such request setting out the breach and indicating that failure to remedy the breach may result in termination of the Agreement, (ii) becomes the subject of a voluntary arrangement under Part 1 of the Insolvency Act 1986, (iii) is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, (iv) has a receiver, liquidator or administrator appointed over all or part of its assets or income or (v) has ceased to trade.
7. CANCELLATION
7.1 Customers may cancel their Service/s at the end of the term of service by providing notice, before the end of the term of service, for that particular Service on a Service by Service basis;
8. DISCLAIMERS AND WARRANTIES
8.1 Short-Links backs up all data to a remote source daily, weekly and monthly incrementally however whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Short-Links cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Short-Links and its employees;
8.2 Short-Links operates to a minimum 99.5% uptime but makes no warranties or representations that any service will be uninterrupted or error-free. You accept all services provided hereunder "as is" without warranty of any kind;
8.3 All implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the services to be provided hereunder to the fullest extent permitted by law;
8.4 Short-Links shall not be liable for any services or products to be supplied by any third party;
8.5 Short-Links shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf;
8.6 Short-Links will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss;
8.7 No matter how many claims are made and whatever the basis of such claims, Short-Links 's maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to twice the fees paid by You for the services in relation to which Your claim arises during the 12 month period prior to such claim;
8.8 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Short-Links, its employees or its sub-contractors;
8.9 Short-Links shall not be liable for any interruptions to the services or outages arising directly or indirectly from (i) interruptions to the flow of data to or from the internet, (ii) changes, updates or repairs to the network or software which it uses as a platform to provide the services, (iii) the effects of the failure or interruption of services provided by third parties, (iv) factors outside of Short-Links 's reasonable control, (v) Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties, (vi) problems with Your equipment and/or third party equipment, or (vii) interruptions to the services requested by You.
9. INDEMNIFICATION
9.1 You agree that You shall defend, indemnify, save and hold Short-Links, its officers, employees, agents, sub-contractors and affiliated companies harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Short-Links, its agents, its customers, officers and employees, that may arise directly or indirectly as a result of any service provided or performed or agreed to be performed or any product sold by You, Your agents, employees or assigns;
9.2 You agree to defend, indemnify and hold harmless Short-Links against liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with a Short-Links server, (ii) any material supplied by You infringing or allegedly infringing the proprietary rights of a third party, (iii) Intellectual Property Right infringement and (iv) any breach of any of Your obligations or the warranties given by You in this Agreement.
10. FORCE MAJEURE
10.1 Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supranational authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of Short-Links or the Customer, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.
11. ENTIRE AGREEMENT
11.1 This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and neither relied on any representation made by the other party unless such representation is expressly included herein;
11.2 Nothing in this clause shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable;
11.3 This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.
12. SEVERABILITY
12.1 In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole;
12.2 Short-Links will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Short-Links as reflected in the original provision.
13. CONFIDENTIALITY
13.1 Each of the parties agrees not to disclose any Confidential Information received from the other party or make any use of any such Confidential Information other than for the purposes of performance of this Agreement, except that (i) each party may disclose Confidential Information received from the other to its responsible employees, consultants, sub contractors or suppliers who need to receive the information in the course of performance of this Agreement, (ii) the confidentiality obligations set out above shall not apply to any information which is or subsequently becomes available to the general public other than through a breach by the receiving party, or is already known to the receiving party before disclosure by the disclosing party or is developed through the independent efforts of the receiving party, or (iii) the receiving party rightfully receives from a third party without restriction as to use.
14. WAIVER
14.1 The failure or delay by either party in exercising any right, power or remedy of that party under the Agreement will not in any circumstances impair such right, power or remedy, nor operate as a waiver of it;
14.2 The single or partial exercise by either party of any right, power or remedy under the Agreement will not in any circumstances preclude any other or further exercise of it or the exercise of any other right, power or remedy.
14.3 Any waiver by either party of a breach of or default under any of the terms of the Agreement by the other party is not deemed a waiver of any subsequent breach or default and in no way affects the other terms of the Agreement.
15. ASSIGNMENT
15.1 You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of Short-Links. However, in the event that Short-Links consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns;
15.2 Short-Links may sub-contract or assign any or all of its rights and obligations under this Agreement.
16. AMENDMENTS
16.1 This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Short-Links.
17. NOTICES
17.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by Short-Links to You shall be deemed to have been given immediately if delivered by e-mail or 24 hours after despatch if sent by overnight mail in accordance with the contact information You have provided.
18. REPORTING MISUSE
18.1 In order to efficiently process Your report we need You to send as much information as possible and Your contact email address and phone number. Below are the details that we will need from You when investigating internet misuse. Reports will not be investigated until the details below have been received. If any of the information below is missing from Your report, please re-send the information;
18.2 Reporting port scanning, attempted hacking and firewall activity: (i) where Your report is based upon information obtained from a firewall, please ensure that You send the relevant unedited firewall log (or excerpt). Please ensure that the log includes the time, date and time zone; (ii) You also need to confirm that the clock on Your PC is accurate and that You are using the correct time zone for Your locale. If Your clock is inaccurate please indicate how many minutes and seconds wrong it is (there is an online clock website to check Your PC clock, at http://www.timeticker.com/main.htm); (iii) Screenshots or image files will not be accepted as evidence of a system intrusion; (iv) If You see any other misuse on Your own servers originating from a Short-Links IP address, then please send us the following information: Your URL, our web server log (showing the IP address, time, date and time zone of the IP address logging into Your server), and any details of the misuse that has taken place.
18.3 Reporting email/ newsgroup misuse (including spam): (i) We require the full header and content of the email/ newsgroup post. The header enables us to trace the journey that an email/ newsgroup post has made from the computer it originated from to the computer it was downloaded to. Please see below for instructions on retrieving full mail headers within Microsoft Outlook. If You use another mail client, please check your provider's support documentation for this information;
18.4 Reporting virus activity: (i) If You have received or been infected by a virus, worm or Trojan please note that Short-Links are unable to offer any support in their removal. We recommend that you install anti-virus software and ensure that it is updated regularly; (ii) please include the following information in your complaint: the header of the email (if one is available) and the content of the email; (iii) the email attachment that was sent to You (if any). The attachment may need to be placed in an archived file (.zip, .rar etc) for our email software to receive it. The website contains helpful instructions to help You with this procedure. If You cannot attach the virus, then please send the email and header only;
18.5 Reporting web space abuse: (i) If You become aware of any web space hosted by Short-Links that you feel is in contravention of our Terms of Service or our Acceptable Use Policy, then please email us with the details; (ii) please send the following information: the URL, the time and date that You noticed the infringement, any details regarding how You came to view the material, and a precise description of why You believe the domain to be in breach;
18.6 Short-Links actively reports any illegal activities that take place on our servers to the police. Short-Links also work with the Internet Watch Foundation to ensure that any images of child abuse are removed from our service and reported as soon as we are made aware, in line with current working practices.
19. Complaints
19.1 At Short-Links we try our best to keep all Customers happy. However, if You have already submitted a support ticket and Your complaint has not been resolved to Your satisfaction, or have called the support team and Your call has not been dealt with to Your satisfaction ,then please follow the steps below in order to escalate the issue;
19.2 Stage 1: contact us, putting Your complaint in writing to: Complaints Department, Short-Links, Lakeside House, 58A Arthur Street, Lakeside, Redditch, Worcestershire, B98 8JY;
19.3 Stage 2: we will respond to Your complaint, following receipt of Your letter. Our Complaints Department will thoroughly investigate any issues raised and propose a course of action for resolution. You should receive our response within 14 days of us receiving Your letter;
19.4 Stage 3: if, following our response to You, You consider Your complaint still unresolved to Your satisfaction, please put Your complaint in writing to our Complaints Director at: Short-Links, Lakeside House, 58A Arthur Street, Lakeside, Redditch, Worcestershire, B98 8JY;
19.5 Stage 4: on receipt of Your complaint to the Complaints Director, the matter will be thoroughly investigated and we will respond proposing a course of action for resolution. You should receive the Complaints Director's response within 14 days of our receipt of your escalation letter.
Miscellaneous
Short-Links reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of short-links.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
Short-Links may modify, suspend, discontinue or restrict the use of any portion of short-links.com, including the availability of any portion of the content at any time, without notice or liability. Short-Links may deny access to any person or user at any time for any reason. In addition, Short-Links may at any time transfer rights and obligations under this agreement to any Short-Links affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Short-Links, short-links.com or any of their assets.
Contact Us
To contact Short-Links, please use the following:
Short-Links
Lakeside House
58A Arthur Street
Lakeside
Redditch
Worcestershire
B98 8JY
Email: enquiries@short-links.com