By placing an order at https://lasershark.uk, a website operated by DSG Web Services Limited doing business as Laser Shark, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the services. The materials contained in this website are protected by applicable copyright and trademark law. These terms and conditions will not be varied for individual customers.
In this Agreement the following words and expressions shall have the following meanings:
- "downtime" means any service interruption in the availability to visitors of the Services owned by the customer;
- "intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
- "DSG" means DSG Web Services Limited (itself or trading as Laser Shark), or any sister or subsidiary company;
- "IP address" stands for internet protocol address which is the numeric address for the server;
- "ISP" stands for internet service provider;
- "server" means the computer server equipment operated by DSG in connection with the provision of the Services;
- "the Services" means web hosting, domain name registration, email and any other services or facilities provided by DSG;
- "spam" means sending unsolicited and/or bulk emails;
- "virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses";
- "visitor" means a third party who has accessed the Services owned by the customer;
- Product specifications and details may be found at https://lasershark.uk.
- Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
- The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
- The Customer wishes to provide DSG with software and data that will be hosted on DSG's servers and made accessible via the Internet.
- DSG provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.
- DSG shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
- The Customer shall deliver to DSG the software to be hosted on DSG's servers (which may include a website) which is owned by the Customer, or licensed to him by a third party or DSG ("the Customer Software"), in a format specified by DSG.
Charges, payment and money-back guarantee
- Payment methods include the following credit, debit or charge cards: Visa, Mastercard, American Express. By prior arrangement only and at DSG's discretion, payment may be accepted in the form of bank transfers or Direct Debits.
- DSG do not accept cheques, postal orders, cash or any other form of payment other than those outlined in 4a.
- The Charges are exclusive of VAT except where otherwise noted, which if payable shall be paid by the Customer. At the time of writing, DSG are not obligated to charge the Customer VAT.
- DSG shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
- DSG do not provide credit facilities.
- From time to time DSG may make enquiries on the Customer's company, proprietor or directors of the Customer's company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses. The Customer consents to these enquiries being carried out before purchasing certain services and at any time during service.
- DSG provide "Money-Back Guarantees" on certain products. Should your product qualify for this guarantee please raise a support ticket at https://help.lasershark.uk within 30 days of placing your order for a full refund. This guarantee excludes domain names which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once. Please note that this guarantee does not extend to all DSG or Laser Shark products.
- Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.
- Should your chosen payment method fail or an invoice remain unpaid past its due date, DSG will attempt to settle your invoice using any other payment facilities available on your account.
- All services will renew until cancelled by the customer. It is the customers' responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service, or complete self-service cancellation through the control panel. The cancellation process must be fully completed by you before your account is cancelled.
- DSG shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
- Where DSG changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
Software licence and rights
- If the Customer requires use of software owned by or licensed to DSG ("DSG's software") in order to use the Services, DSG grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use DSG Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in DSG Software.
- In relation to DSG's obligations under this Agreement in connection with the provision of the Services, the Customer grants to DSG a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the Services ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to DSG any right, title, interest or intellectual property rights in the Customer Software or the Content.
- The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense DSG Software.
- DSG may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, DSG shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
Service levels and data backup
- DSG shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, DSG makes no warranties or representations that the Service will be uninterrupted or error-free and DSG shall not, in any event, be liable for interruptions of Service or downtime of the server.
- DSG carries out data backups for use by DSG in the event of systems failure. DSG do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly DSG accepts no responsibility for data loss or corruption.
Acceptable Use Policy
The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
- use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
- send email or any type of electronic message (including but not limited to HTTP/HTTPS requests) with the intention or result of affecting the performance of any computer facilities;
- publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services;
- threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
- engage in illegal or unlawful activities through the Services;
- make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or
- obtain or attempt to obtain access, through whatever means, to areas of DSG's network or the Services which are identified as restricted or confidential.
- operate or attempt to operate IRC bots or other permanent server processes using shared hosting infrastructure.
- The Customer has full responsibility for any content uploaded to the Services. For the avoidance of doubt, DSG is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
- If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8a DSG shall be entitled to withdraw the Services and terminate the Customer's account without notice.
Alterations and updates
All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform DSG and the password will be changed.
- The Customer warrants and represents to DSG that DSG's use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to DSG as set out in Clause 6b.
- All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, DSG shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
The Customer agrees to indemnify and hold DSG and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against DSG arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to content hosted on or delivered via the Services.
Limitation of liability
- Nothing in these terms and conditions shall exclude or limit DSG's liability for death or personal injury resulting from DSG's negligence or that of its employees, agents or sub-contractors.
- The entire liability of DSG to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
- In no event shall DSG be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or DSG had been made aware of the possibility of the Customer incurring such a loss.
Term and termination
- This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
- DSG shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due. The Customer will not be eligible for a refund.
Either party may terminate this Agreement forthwith by notice in writing to the other if:
- the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
- the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
- the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
- the other party ceases to carry on its business or substantially the whole of its business; or
- the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
- Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
- On termination all data held in the customers account will be deleted.
- DSG may assign or otherwise transfer this Agreement at any time.
- The Customer may not assign or otherwise transfer this Agreement or any part of it without DSG's prior written consent.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of a deity (including but not limited to God), strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
Governing law and jurisdiction
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Domain name registration
- Domain names are not deemed to be successfully registered until they appear in the relevant WHOIS database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it DSG will provide a full refund for that domain name.
- Please return to the main terms and conditions area of this website to view terms and conditions for individual domain name registrars.
DSG are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system where required, or ensuring that requested packages are installed onto servers created using Preinstall applications.
- Web hosting accounts and virtual servers include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.
- Web hosting accounts and virtual servers are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or CGI scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, subdomain or directory.
Should the Customer's account use a disproportionate quantity of the server's processing power and as a result have a detrimental effect on other customers, DSG will discuss with the Customer alternative solutions for your hosting requirements.
Commission earned via the affiliate programme will only be paid by using a valid direct debit/credit mandate on your account. It is the customers responsibility to ensure they have this facility. In the event of the customer not being able to obtain this facility then no commission will be paid.
DSG communicates with its customers via email and as such the Customer agrees to receive by email important updates regarding the Customer's services, billing, or account information. Customers are invited to sign up to receive marketing emails which contain details of new products and services, discounts and offers, and other news regarding DSG or Laser Shark. In compliance with the General Data Protection Regulation (EU) 2016/679, the Customer is not required to receive these marketing emails, will only be subscribed if the Customer explicitly opts in, and can unsubscribe at any time.
Where offered, unlimited web space is available for genuine web site content; content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.
Mail boxes not accessed for 100 days or more may be deleted from the system.
DSG utilises FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord for misbehaviour using non-identifiable anonymous information.
- The Customer is entitled to a basic level of support with any and all issues surrounding their actual service, such as information about outages or help with setting up any products or services purchased through the website. This does not extend to setting up the Customer's website, or support with management of their virtual server (including but not limited to configuration support or installing packages). This may be provided in good faith by DSG support staff but is not included in basic service. If the Customer wishes, this managed support can be provided for an additional charge, known as Above & Beyond.
- Above & Beyond services will be quoted upon specification of the work by a DSG-authorised support engineer. Prices may vary depending on DSG's capacity to fulfil out-of-scope requests, the complexities of a specific request, or the engineer or contractor selected to carry out the Above & Beyond request. The price quoted by DSG to the Customer will be the final price paid by the Customer.
- As Above & Beyond requests are outside the scope of DSG's support remit, work is provided without guarantee or warranty of any kind, and all Above & Beyond payments are non-refundable.
- Above & Beyond services' availability is subject to DSG engineers having sufficient capacity to complete the work, and cannot always be relied upon to be available. Customers seeking a regular technical maintenance solution should not use Above & Beyond.
- Above & Beyond will be charged for by invoice, to be paid within 14 days of issue. The Customer may pay the invoice by credit or debit card, or by bank transfer with prior arrangement by emailing firstname.lastname@example.org. Unpaid invoices will be handled as those for standard services (see clauses 4i and 13b above).
DSG may revise these terms of service for its website at any time without notice. By continuing to use Laser Shark services the Customer is agreeing to be bound by the then current version of these terms of service.
- Help and support with Laser Shark services and Above & Beyond is provided by support agents, engineers and contractors in good faith. Abuse or intimidation of our support staff will not be tolerated, and support cases in which this occurs will be closed without resolution. This is also considered a breach of these terms, and grounds for termination of the Customer's account with immediate effect.
- Contact methods for DSG support staff are provided for use by all customers, and the Customer must not make excessive use of these contact methods (for instance, sending many emails at once to a support email address) as this could delay our support staff's response and may result in the Customer being blocked from using that contact method.
Laser Shark is a trading name of DSG Web Services Limited, registered in England and Wales. Company number 11462337. DSG Web Services is owned by Danger Science Limited.