Terms of Service

Key legislation that regulates the activities of our Company:

  • Data Protection Act 1998
  • Business Protection from Misleading Marketing Regulations 2008
  • Copyright, Designs and Patents Act 1988
  • Supply of Goods and Services Act 1982
  • Health and Safety at Work Regulations 1999
  • Provision and Use of Work Equipment Regulations 1998
  • Workplace (Health, Safety and Welfare) Regulations 1992
  • Privacy and Electronic Communications (EC Directive) Regulations 2003
  • Electronic Commerce (EC Directive) Regulations 2002

Web Hosting Terms of Service

1.0 ACCOUNT SETUP

As soon as your order is complete and the payment is made, Barnsoft Web Solutions Ltd will setup your VPS account manually after the fraud screening is done and the details will then be e-mailed to you to the e-mail address you registered with us. If the e-mail address entered by you while signing up was incorrect, you will have to raise a ticket to our sales team requesting to re-send the e-mail to the correct e-mail address.

  • Dedicated Server setup takes up-to 48-72 business hours. Please be noted that Dedicated server setup can take upto 7 business days. Delays in Setup will result in credit days.
  • VPS setups can take up-to 72 business hours in case we are out of stock.
  • Shared Hosting accounts are setup within 6 hours in case of delays.
  • Domain Registration during Peak Promotional offers can take upto 24hours for your domains to be registered.

2.0 ACCEPTABLE USE

You agree not to run/host the following content on our services:

  • DoS/DDoS Scripts
  • Phishing
  • Child Porn
  • IRC Bots
  • Hacking Activities
  • Malware
  • IP/Port Scanners
  • Pulic Rapidleech
  • Mail Bombers/Spam Scripts or other resource CPU abusive scripts/applications
  • Spamming

3.0 CHARGE BACKS

If any dispute is raised from the payment processor's side, your service will be immediately suspended and a fee of £40.00, $60.00, or Rs.3000 will be levied to re-activate your service(s).

4.0 LATE PAYMENTS & FEES

Payment Delays beyond 3 days from due date will result in additional Late Fees of 10% of your Invoice Amount.

5.0 SUSPENSIONS AND TERMINATION

We generate invoices 7 days before expiry date of Hosting Products and 30 days before expiry date of Domain Names and SSL.
After 7 days from Due Date of your Invoice we Suspend your Hosting Service. We Terminate your Hosting Service After 15 days from Due Date of your Invoice.

Barnsoft Web Solutions Ltd nor its Affiliates are responsible for the Data Loss due to Suspension or Termination due to Unpaid Invoices.

6.0 CANCELLATIONS

If you no longer want to use our service(s) and wish to cancel them,  you can cancel any services from Barnsoft Web Solutions Ltd anytime from the Client Area prior to 3 day(s)  from Invoice Due Date and request Cancellation.

Dedicated Server Cancellation has to be 1 week prior to Invoice Due Date, If not it will result in Payment of Due Invoices Prior to Cancellation.

Barnsoft Web Solutions Ltd Offers 45 days Money back Guarantee on Shared Hostings and VPS the Client/User can request this by raising a ticket to the billing Department and seeking refund/credit. Refunds will be reflected in your bank account upto 15 days from the Date of Receipt of Credit in Account.

7.0 BACKUPS & DATALOSS

Barnsoft Web Solutions Ltd offers limited Backup services for Shared Hosting. It is user's/designer's responsibility to maintain regular backup(s) on their client machine. Barnsoft Web Solutions Ltd nor its Affiliates are responsible for data loss or hardware failure in any manner.

If your Services are suspended/terminated then No Backup's are given access too.

8.0 ABUSE

Barnsoft Web Solutions Ltd will not tolerate abuse of resources such as CPU, I/O, network or in any other manner of any of it's services. If we notice abuse of resources, we reserve the right to suspend your service with or without prior notice also no refunds will be granted for the same.

9.0 DISCLAIMER

You acknowledge and agree that Barnsoft Web Solutions Ltd exercises no control and accepts no responsibility for the content Hosted through it's host computers and it's network.

Barnsoft Web Solutions Ltd reserves the right to cancel, suspend or terminate any service with or without a refund, notice or warning.

Domain Terms of Service

1.0 SERVICES TO BE PERFORMED

You "the customer" hereby agrees to perform a domain name search and registration services for yourself as provided in and subject to the terms and conditions of this Agreement. You "the customer" shall be responsible for from the date of this Agreement to search such desired names until the first such name is shown to be available. Upon determining that the first such name is available,You "the customer" is hereby given the authority to take all steps necessary to register such domain name.

2.0 PAYMENT

In consideration of the services to be performed by Barnsoft Web Solutions Ltd hereunder, You "the customer" agrees to pay upon execution of this Agreement and prior to Barnsoft Web Solutions Ltd performing any services hereunder, an amount to cover the fee for initial registration of such domain name.

3.0 RIGHTS

Barnsoft Web Solutions Ltd acknowledges and agrees that Barnsoft Web Solutions Ltd shall not own any right, title or interest in and to any registered domain name pursuant to this Agreement and that the domain name registered for You "the customer" shall be owned by You "the customer" and not by Barnsoft Web Solutions Ltd. You "the customer" acknowledges that this agreement can only be made as between the potential rights of You "the customer" and Barnsoft Web Solutions Ltd and that Barnsoft Web Solutions Ltd cannot represent that a third party will not have or claim right in and to any domain name that is registered under the terms of this Agreement.

4.0 AVAILABILITY OF THE DOMAIN NAMES

In the event that none of the domain names on your list are available for registration, Barnsoft Web Solutions Ltd shall inform You "the customer" of this fact. Thereafter, You "the customer" shall be responsible for providing another desired name. Upon searching such names and register the first available name based upon the your preference. If no name is available following the search of the second name, Barnsoft Web Solutions Ltd shall inform the You "the customer". Upon receipt of such notification, You "the customer" shall elect whether to continue with the search process, Upon election to continue with the process, You "the customer" shall submit another desired name listed. Upon receipt of the new preference the registration process described above shall be reinitiated. If You "the customer" does not wish to go forward upon receipt of the notice that the desired names are not available You "the customer" don't place and order or make a payment due to no availability.

Following registration of a desired domain name, Barnsoft Web Solutions Ltd shall inform You "the customer" and provide You "the customer" with all relevant registration information, numbers and passwords.

You "the customer" represents, warrants, acknowledges and agrees that Barnsoft Web Solutions Ltd cannot guarantee that any desired name will be available for registration. Barnsoft Web Solutions Ltd is not responsible for any third party who may have registered or in the future may register any of the names desired by the You "the customer" or the assertion of any rights in and to such names by any third party.

5.0 INFRINGEMENT

You "the customer" represents and warrants to Barnsoft Web Solutions Ltd that the names provided on any preference list shall not infringe upon the trademarks or other proprietary rights of any other party and that the You "the customer" is the bona fide owner of all proprietary rights associated with each such name. You "the customer" acknowledges that Barnsoft Web Solutions Ltd has informed You "the customer" that a comprehensive common law trademark search should be performed prior to selecting any domain name for registration to determine whether such name could infringe upon the proprietary or trademark rights of any third party. You "the customer" hereby represents, warrants and agrees that it has had a trademark search performed with respect to such name and that You "the customer" assumes any and all responsibility or liability that may arise from the registration and/or use of any domain name registered. You "the customer" shall indemnify and hold registrant harmless from and against any assertion of potential proprietary rights by any third party, including but not limited to attorney fees in addressing any such situation. Notwithstanding the above, Barnsoft Web Solutions Ltd does not assume any responsibility for addressing any claimed infringement that may arise from the registration or use of any domain name that is registered.

6.0 RENEWAL

You "the customer" shall be responsible for renewing any domain name registered hereunder and Barnsoft Web Solutions Ltd shall have no obligation to provide renewal services or to inform You "the customer" of any necessary renewals.

7.0 WARRANTIES

You "the customer" acknowledges and agrees that Barnsoft Web Solutions Ltd's services provided hereunder are provided on an as is basis, without warranty of any kind, including, but not limited to, any express or implied warranties of merchantability or fitness for a particular purpose. You "the customer" further agrees that Barnsoft Web Solutions Ltd shall not be liable for any loss of profits, loss of use, business interruption or any direct, indirect, incidental or consequential damages of any kind to any party, including but not limited to You "the customer".

8.0 ENTIRE AGREEMENT

This Agreement states the entire agreement and understanding between the parties with respect to the subject matter hereof and supercedes all other agreements, whether oral or in writing, between the parties relative to the subject matter hereof. This Agreement shall be interpreted under the laws of the City of Cardiff, Wales, United Kingdom and any legal action instituted hereunder shall be brought in the courts of Cardiff, Wales, United Kingdom.

Web Design Terms of Service

1.0 CREATION OF WEB SITE

1.1 Engagement of Barnsoft Web Solutions Ltd

You "the customer" hereby engage the services of Barnsoft Web Solutions Ltd via means for a free consultation for the purpose of designing, creating, testing and delivering a fully functional Web Site, to be delivered to you in the form of Hypertext Markup Language (“HTML”), JAVA and/or FLASH languages, most current version, which meets the specifications set forth herein and which is fully ready and operational upon placement on a server and creation of necessary connections for availability on the World Wide Web.

1.2 Delivery Responsibilities of you "the Customer"

Within 3 days from the date of execution of this Agreement, You "the customer" will deliver the items listed below hereto to Barnsoft Web Solutions Ltd. The items described shall include all content to be included in the Web Site, including but not limited to textual materials, logos, photographs, sound files, databases, video files and other Web Site content required to be included in the Web Site as described in the specifications, but excluding those items that shall be the responsibility of Barnsoft Web Solutions Ltd to create as provided in Section 1.3 below. All such Web Site Content shall be emailed to sales@barnsoft.org / support@barnsoft.org. Logo files shall be in GIF format, photographs shall be in JPG format, written text shall be in Word Processor format, video files shall be in MPEG format, and sound files shall be in Mp3 file format.

1.3 Developer Created Content

As provided in Section 1.2 above, You "the Customer" shall be responsible for delivering all Web Site Content except for those items that we Barnsoft Web Solutions Ltd has specifically agreed to create pursuant to the terms of this Section 1.3. Barnsoft Web Solutions Ltd shall have the obligation as part of its duties hereunder to create the Web Site Content listed. In developing the Web Site Content listed, Barnsoft Web Solutions Ltd is authorised to utilise such subcontractors as Barnsoft Web Solutions Ltd may desire.

1.4 Site Plan and Site Mockup

The Web Site to be designed by Barnsoft Web Solutions Ltd shall be in substantial conformity with the site map and Web Site “mockup”.

1.5 Hidden Text

Barnsoft Web Solutions Ltd shall not include any hidden text or codes in the development of the Web Site except as specifically requested by You "the customer". Notwithstanding the above, You "the customer" hereby directs the Barnsoft Web Solutions Ltd to include Meta Tags on the Web Site which include the keywords set forth.

1.6 Placement of Site During Development

Barnsoft Web Solutions Ltd shall create a password protected access site to make the Web Site available for review by You "the customer" periodically through the development stage. Barnsoft Web Solutions Ltd will notify You "the customer" of the location of the Web Site and the method for gaining access to the Web Site. The password assigned to You "the customer" shall be unique to You "the customer" and shall not be provided by either party to any other party except You "the customer" and us Barnsoft Web Solutions Ltd.

1.7 Stages of Completion

Barnsoft Web Solutions Ltd shall use our reasonable efforts to meet the completion schedule. It is contemplated by the parties that the final completion and delivery date shall be as indicated. However, You "the customer" acknowledges and agrees that any changes or deviations in the specifications, site plan, mockups, graphics, or any other element of the Web Site, and You "the customer" delays in fulfilling your responsibilities, include delivering Site Content and promptly reviewing and commenting on completed work will lead to delays in the completion schedule.

1.8 Form of Delivery

The final Web Site shall be delivered to You "the customer" on preferred host.

1.9 Links

All links contained in the Web Site shall be tested and confirmed to be accurate prior to delivery of the final Web Site to You "the customer".

1.10 Acceptance Period

You "the customer" shall have a period of seven days following delivery of the final Web Site during which You "the customer" may engage in testing of the Web Site. You "the customer" shall notify Barnsoft Web Solutions Ltd no later than the 7th day following delivery of any items contained in the Web Site that do not conform to specifications. In the event that You "the customer" does not so notify Barnsoft Web Solutions Ltd within the seven day period, You "the customer" shall be deemed to have accepted the Web Site in all respects.

1.11 Correction of Deviations From Specification

Barnsoft Web Solutions Ltd shall have a period of seven days following receipt of written notification from You "the customer" as provided in Section 1.10 above to correct any items raised by You "the customer" into conformance with the specifications and to deliver such corrected items to You "the customer". You "the customer" shall have a period of three days after delivery of the revisions to notify Barnsoft Web Solutions Ltd of any further non-conformance with the specifications. Barnsoft Web Solutions Ltd shall have a period of seven days after receipt of this notification to make corrections. This procedure shall continue until such time as You "the customer" makes final acceptance of the Web Site.

2.0 COMPENSATION FOR DEVELOPER SERVICES

2.1 Development Fee

In consideration of the services to be performed by Barnsoft Web Solutions Ltd hereunder, including the delivery of a completed Web Site meeting the specifications set forth and referred to herein, You "the customer" shall pay Barnsoft Web Solutions Ltd a total development fee, which shall be payable as set forth in the Schedule of Payment referred to in Section 2.2, below.

2.2 Schedule of Payments

You "the customer" shall make full pay to Barnsoft Web Solutions Ltd, upon execution of this Agreement, Full Payment for Barnsoft Web Solutions Ltd's services provided hereunder.

2.3 Stages of Development; Invoice

Upon achievement of the various stages of development that require payment to be made to Barnsoft Web Solutions Ltd, Barnsoft Web Solutions Ltd shall notify You "the customer" in writing that such stage of development has been reached and shall deliver such deliverables that corresponds to that stage of development to You "the customer", together with an invoice for the amount due at such stage of development. You "the customer" shall make payment on such invoice upon receipt of such invoice.

2.4 Pass Through Expenses

The parties acknowledge and agree that all expenses associated with the development process, including but not limited to payment of any licensing fees, software procurement, costs of purchasing graphics, photographs and other web content, materials, supplies, and all other elements of the web site development shall be absorbed by Barnsoft Web Solutions Ltd and that the Development Fee set forth above shall be the entire expense to be paid by You "the customer" hereunder. Notwithstanding the above, You "the customer" is responsible for all costs and expenses not related to the design and development services, such as hosting, domain name registration, marketing, search engine placements, and any other service that is not described or covered by this Agreement.

2.5 Early Termination

In the event that this Agreement is terminated by its terms prior to completion of the Web Site, Barnsoft Web Solutions Ltd shall be compensated only for such work that has been completed prior to the date of termination. Upon termination hereof, Barnsoft Web Solutions Ltd shall deliver any partially completed work to the You "the customer" via email or download link.

3.0 SEARCH ENGINE SUBMISSIONS

Included within this Development Fee payable hereunder, Barnsoft Web Solutions Ltd agrees to submit the completed Web Site to no more than one major search engine. You "the customer" shall provide the Barnsoft Web Solutions Ltd with a list of which search engines shall be included within Barnsoft Web Solutions Ltd's services hereunder. Any additional search engine submissions shall be subject to separate agreement between the parties and shall not be included herein. Barnsoft Web Solutions Ltd and You "the customer" shall reasonably and in good faith cooperate to optimise the results of the search engine placement. However, Barnsoft Web Solutions Ltd cannot guarantee any specific search engine placement.

4.0 DEVELOPER PUBLICITY

4.1 Listing In Roster of Barnsoft Web Solutions Ltd's Customers

Following completion of the Web Site and final acceptance by You "the customer", Barnsoft Web Solutions Ltd shall be permitted to list You "the customer" and the your Web Site on Barnsoft Web Solutions Ltd's Web Site and in any of its marketing and advertising as having been developed by the Barnsoft Web Solutions Ltd. The material included on Barnsoft Web Solutions Ltd's Web Site shall include a hypertext link to your Web Site. Barnsoft Web Solutions Ltd shall have full discretion as to the form and content of such acknowledgement and the appearance of any link.

4.2 Barnsoft Web Solutions Ltd Credit On Your Web Site

Following completion of the Web Site and final acceptance by You "the customer", and for a period of twelve months after the Web Site is launched, You "the customer" shall include a credit to the Barnsoft Web Solutions Ltd on the home page of the Web Site. The credit to Barnsoft Web Solutions Ltd shall be designed and placed on the home page by the Barnsoft Web Solutions Ltd but shall be in form and substance that is reasonably acceptable to You "the customer". The credit shall also include a hypertext link to the Barnsoft Web Solutions Ltd's Web Site.

4.3 Limited Trademark License

The parties hereby give each other a non-exclusive license to utilise the trademark of the other party, in form reasonably acceptable to the trademark owner, for the purposes set forth in Section 4.1 and 4.2 hereof.

5.0 PROPRIETARY RIGHTS TO WEB SITE

5.1 Creation of Web Site As A Work For Hire

Barnsoft Web Solutions Ltd hereby agrees that all materials that are part of the Web Site and that are created by the Barnsoft Web Solutions Ltd, including but not limited to content, text, graphics, logos, pictures, code, scripts, algorithms, applets, audio, video and other materials (“Web Site Content”) shall be considered “works for hire.” As such, You "the customer" shall be considered the exclusive owner of all proprietary rights, including but not limited to Federal Copyrights, in and to all such materials. For purposes hereof, the term “work for hire” shall have the meaning defined in the Copyright, Designs and Patents Act 1988. Barnsoft Web Solutions Ltd acknowledges and agrees that the You "the customer" shall have all exclusive rights in and to the Web Site Content that are available to the author or owner of the copyright.

5.2 Waiver of Common Law Rights

Barnsoft Web Solutions Ltd hereby waives, assigns and transfers onto You "the customer", any and all rights in and to all Web Site Content that may exist with respect to the Web Site content under any and all federal or state common law, statutory law, or otherwise, including but not limited to trade secret rights, privacy rights, moral rights, or any other right thereto.

5.3 Confirmatory Documents and Acts

During the term hereof and at any time thereafter, at the reasonable request of You "the customer", Barnsoft Web Solutions Ltd will execute further documents and take additional actions necessary to confirm or perfect the rights of You "the customer" in and to the Web Site content. This may include, but shall not be limited to executing assignments of rights, assisting in the registration of copyrights and other proprietary rights, executing waivers and certificates of originality, and any other reasonable action requested by Barnsoft Web Solutions Ltd.

5.4 Rights To Portions of Web Site Created By Independent Contractors

Barnsoft Web Solutions Ltd agrees that no independent contractors shall be used in the development process or to create any aspect of the Web Site Content without the written consent of You "the customer". In the event that You "the customer" approves the use of independent contractors, as a condition of such approval, Barnsoft Web Solutions Ltd shall obtain, in advance, from each such independent contractor, an agreement assigning the proprietary rights in and to the materials that they create to You "the customer".

5.5 Original Work

Barnsoft Web Solutions Ltd agrees that all content in the Web Site shall be the original creation of the Barnsoft Web Solutions Ltd which is created for the sole purpose of the project, except as specifically consented to and agreed by You "the customer". In the event that You "the customer" consents to the inclusion of any materials that are created by any other party or that have previously been created by Barnsoft Web Solutions Ltd, Barnsoft Web Solutions Ltd agrees that is shall take all actions necessary and expend all funds necessary to procure an unlimited, royalty free, world-wide license for You "the customer" to use any such materials in connection with the Web Site, and where required by You "the customer", in connection with the your other activities, such as advertising and marketing. Unless otherwise consented to by You "the customer", any such license shall be exclusive and no other party shall be permitted to use the subject material for any purpose.

5.6  Hold Harmless

Barnsoft Web Solutions Ltd hereby indemnifies and holds You "the customer" harmless from and against all claims, suits, threats, demands, liabilities, settlements, negotiation costs and expenses, other costs, and attorney fees relative to any third party's claim that the Web Site or any of the Web Site content, infringes upon or interferes with any proprietary right of such third party, including but not limited to copyrights, trademarks, trade secrets, privacy rights, moral rights, patents, publicity rights, or any other right that may now or at any time in the future exist under any federal or state law.

5.7 License To Developer of Certain Portions

You "the customer" hereby grants to Barnsoft Web Solutions Ltd the perpetual, non-exclusive, royalty free, worldwide license to use certain of the Web Site Content described hereto. This license is personal to Barnsoft Web Solutions Ltd and may not be assigned or sublicensed without the consent of You "the customer", except that Barnsoft Web Solutions Ltd may grant a limited license to its future customers if any of the licensed items are included in any web site that is created by the Barnsoft Web Solutions Ltd in the future. The license granted herein does not extend to any identifying material of the business name or trademarks of You "the customer".

6.0 BARNSOFT WEB SOLUTIONS LTD REPRESENTATIONS AND WARRANTIES

Barnsoft Web Solutions Ltd makes the following representations and warranties to the You "the customer":

6.1 Full power

Barnsoft Web Solutions Ltd has full and unrestricted power and authority to enter into this Agreement and to grant the exclusive rights in and toe all Web Site content to You "the customer".

6.2 Sole and exclusive creator

Barnsoft Web Solutions Ltd is the sole and exclusive creator of the Web Site Content and has not created any such materials as a joint work with any other party, through independent contractors, or in any other way that would give any other party any rights in and to the Web Site Content.

6.3 No pre-existing work

That there are no pre-existing work integrate into the Web Site Content that have not been disclosed to You "the customer" and for which Barnsoft Web Solutions Ltd has not obtained a valid license complying with the terms of this Agreement which permits You "the customer" to exclusively use the Pre-existing Work.

6.4 No liens and infringement

There are no liens, encumbrances or security interests of any nature or kind affecting the Web Site. None of the Web Site content infringes upon the proprietary rights of any third party.

6.5 Conformity with latest versions

The Web Site will perform to all specifications and will have cross-platform uniformity in that it will function in the latest versions of the Microsoft Internet Explorer, Mozilla Firefox, Google Chrome and all mobile devices.

7.0 CONFIDENTIALITY COVENANTS

A. The parties acknowledge and agree that during the course of the relationship contemplated hereby that they are likely to come into contact and gain knowledge and access to information and materials that the other party deems to be confidential, proprietary or of strategic importance. The parties each agree that they shall maintain the strictest confidentiality of all such materials that the receive concerning the other party hereto. They shall not disclose such confidential information to any other party, shall not use such confidential information for their own purposes, and they shall protect such confidential information from disclose using the same or higher standards as they use to protect their own confidential information.

B. The parties agree that confidential information shall be limited to disclosure within the organisation of the recipient to those top management personnel and developers with a bona fide need to know such information as a necessary part of their contribution to the performance under this Agreement.

C. For purposes of this Agreement, confidential information shall include any and all information that is of a proprietary, confidential or trade secret nature, of strategic importance, or is otherwise considered to be confidential or proprietary by the releasing party. Confidential information will include items such as business plans, marketing plans and strategies, formula, processes, data, software source codes, financial information, customer lists, and all other information deemed confidential by the parties. Confidential information shall not include items that are generally available to the public, generally known in the industry, exist in the public domain, is learned from an outside source independent from the relationship established by this Agreement or was known prior to the entering of this Agreement.

8.0 TERM AND TERMINATION

A. This Agreement shall commence on the effective date hereof and shall remain in effect until the earlier of the completion of all services called for hereunder to be performed by the Developer, or the earlier termination of this Agreement as provided in this Article IX.

B. This Agreement may be terminated by You "the customer", with or without cause, by giving seven business days written notice of such termination to Barnsoft Web Solutions Ltd.

C. You "the customer" may terminate this Agreement immediately upon written notice to Barnsoft Web Solutions Ltd in the event that Barnsoft Web Solutions Ltd substantially breaches or defaults under any of Barnsoft Web Solutions Ltd's obligations contained in this Agreement or if Barnsoft Web Solutions Ltd is unable to or refuses to perform services hereunder.

D. Upon the effective date of any termination of this Agreement, all legal obligation, rights and duties arising out of this Agreement shall terminate except that: (i) You "the customer" shall remain obligated to pay any balance due to Barnsoft Web Solutions Ltd for services provided hereunder: (ii) the Confidentiality Restrictions, Ownership of Proprietary Rights Provisions, and Independent Contractor provisions of this Agreement shall continue to apply and shall survive the termination of this Agreement as ongoing covenants between the parties; (iii) Barnsoft Web Solutions Ltd shall have the continuing obligation to return to You "the customer" all tangible and intangible property of You "the customer" and all versions of any Proprietary Products of the customer or developed for You "the customer" during the effectiveness of this Agreement; and (iv) Barnsoft Web Solutions Ltd shall have the ongoing duty and obligation to confirm in writing and take all reasonable steps to secure proprietary right in the Proprietary Products developed pursuant to this Agreement in the name and exclusive ownership of You "the customer".

9.0 Notices

Any notification or written communication required by or contemplated under the terms of this Agreement shall be in writing and shall deemed to be delivered if transmitted via Email at the Email addresses listed below, and shall be deemed to have been delivered 1 business days after the date of mailing. Email addresses for such notices shall be: sales@barnsoft.org / support@barnsoft.org.

10.0 No Assignment

The Services to be performed by Barnsoft Web Solutions Ltd hereunder are personal in nature, and You "the customer" has engaged Barnsoft Web Solutions Ltd as a result of Barnsoft Web Solutions Ltd's unique expertise relating to such Services. Neither this Agreement nor any right, interest, duty or obligation hereunder may be assigned, transferred or delegated by Barnsoft Web Solutions Ltd without the express written consent of You "the customer" which consent may be withheld in the discretion of You "the customer".

11.0 Independent Contractor Status

The parties agree that Barnsoft Web Solutions Ltd shall be an independent contractor and not an agent, employee or representative of You "the customer". You "the customer" shall have no right to direct or control the details of the Barnsoft Web Solutions Ltd's work. Barnsoft Web Solutions Ltd shall not receive any fringe benefits or other perquisites that You "the customer" may provide to its employees and Barnsoft Web Solutions Ltd agrees to be responsible for its own business overhead and costs of doing business and to furnish (or reimburse You "the customer" for) all tools and materials necessary to accomplish the services required of Barnsoft Web Solutions Ltd pursuant to this Agreement, and shall incur all expenses associated with performance, except as expressly provided in Exhibits or amendments to this Agreement. Barnsoft Web Solutions Ltd shall be responsible for paying all taxes on payments received pursuant to this Agreement and that You "the customer" shall have no obligation to withhold taxes from service fees payable to Barnsoft Web Solutions Ltd hereunder. Barnsoft Web Solutions Ltd hereby indemnifies and holds You "the customer" harmless any obligation that may be imposed on You "the customer" (i) to pay in withholding taxes or similar items or (ii) resulting from Barnsoft Web Solutions Ltd's being determined not to be an independent contractor.

12.0 Arbitration

Except as specifically provided in this Agreement, the parties agree that any dispute or controversy arising out of, relating to or in connection with the interpretation, validity, construction, performance, breach or termination of this Agreement shall be submitted to binding arbitration to be held in Cardiff, Wales, United Kingdom in accordance with the rules of all the legislations and regulations we obide by (the "Rules"). The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court of competent jurisdiction. The parties shall each bear their own attorney fees with respect to such Arbitration but shall share equally the other costs and expenses of arbitration.

13.0 GOVERNING LAW

In interpreting the terms of this Agreement, the parties agree that the laws of the City of Cardiff, Wales, United Kingdom shall be applicable. All suits permitted to be brought in any court shall be in Cardiff, Wales, United Kingdom.

14.0 ENTIRE AGREEMENT

This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and supercedes and replaces all prior discussions, agreements, proposals, understandings, whether orally or in writing, between the parties related to the subject matter of this Agreement. This Agreement may be changed, modified or amended only in a written agreement that is duly executed by authorised representatives of the parties. If any provisions hereof is deemed to be illegal or unenforceable by a court of competent jurisdiction, the enforceability of effectiveness of the remainder of the Agreement shall not be effected and this Agreement shall be enforceable without reference to the unenforceable provision. No party's waiver of any breach or accommodation to the other party shall be deemed to be a waiver of any subsequent breach.

15.0 Time of the Essence

Both Parties recognise that time is of the essence in this Agreement and that the failure to develop, test and deliver the deliverables hereunder in accordance with the Delivery Schedule shall result in expense and irreparable damage to You "the customer".

16.0 Force Majeure

Nether Party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted or prevented by reason of any act of God, fire, natural disaster, act of government, strikes or labor disputes, inability to provide raw materials, power or supplies, or any other act or condition beyond the reasonable control of the party in question.

17.0 Partial Invalidity

Should any provision of this Agreement be held to be void, invalid or inoperative, the remaining provisions of this Agreement shall not be affected and shall continue in effect and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.

18.0 No Waiver

The failure of either Party to partially or fully exercise any right or the waiver by either party of any breach, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement.

19.0 Headings

The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

20.0 Counterparts

This Agreement may be executed in counterparts, and each of which shall be deemed an original and all of which together shall constitute one and the same document.

Web Maintenance Terms of Service

1.0 Definitions

1.1. Maintenance Service Fee

Shall mean a rate paid by the customer for website maintenance and maintenance related support. This fee is usually paid monthly but can be one off. The fee depends on the selection of the maintenance level upon application.

1.2. Website Maintenance

Shall mean basic website changes and additions, all inclusions are within the chosen package.

1.3. Server Side Script

Shall mean a program that is processed on the server, before the information ever reaches the user’s computer. These programming languages include but are not limited to PHP, ASP and ASP.NET.

1.4. Term

Shall mean the initial (1) one month term of Website Maintenance after election by customer.

1.5. Renewal Term

Shall mean any (1) one month term of Website Maintenance services elected by You "the customer" subsequent to the Term.

1.6. Software

Shall mean any artwork, programs, procedures, rules, and any associated documentation pertaining to the operation of a website. For example a website, Content Management System, 3rd party applications like Forums, Blogs etc.

2.0 Website Maintenance Agreement Term

The usual term of this agreement is a (1) one month term. The renewal term will automatically start once the term has lapsed unless termination has been received.

3.0 Website Maintenance Agreement Termination

3.1 The term or renewal term can be terminated as per a 30 day cooling off period after the commencement or renewal
date of the agreement. Notice of this termination must be made in writing.

3.2 If the customer terminates the agreement prematurely to its term, then any unpaid Maintenance Service Fee’s will
be invoiced based on the longest serving level.

4.0 Amendments to Contract

The Level of your Website Maintenance Agreement can be modified by giving 1 days’ notice in writing.

5.0 Customer Responsibilities

5.1 Obligations

You "the customer" agrees to provide Barnsoft Web Solutions Ltd with reasonable access to all necessary personnel to answer any questions about any problems reported by the customer regarding the Software. You "the customer" also agrees to promptly implement all updates provided by either a 3rd party or Barnsoft Web Solutions Ltd if requested. When requested and necessary, You "the customer" shall provide Barnsoft Web Solutions Ltd in writing a reasonable description of the maintenance required along with any additional information or software required to complete the Website Maintenance.

5.2 Primary Contacts

You "the customer" shall appoint one (1) individual within customer's organisation to serve as primary contact between You "the customer" and Barnsoft Web Solutions Ltd and to receive support through Barnsoft Web Solutions Ltd`s support tickets. All of the your support enquiries shall be initiated through these contacts and logged internally.

6.0 Level of Support

99% of the time Barnsoft Web Solutions Ltd will start work on your Website Maintenance within (2) working days of receiving the request.

7.0 Error Correction

Upon identification of any Website Maintenance error, You "the customer" shall notifyBarnsoft Web Solutions Ltd of such error and shall provide Barnsoft Web Solutions Ltd with a problem report and enough information to reproduce the error. Barnsoft Web Solutions Ltd shall use its reasonable efforts to respond to problem reports. Barnsoft Web Solutions Ltd shall begin to correct any reproducible Website Maintenance errors in the Software attributable toBarnsoft Web Solutions Ltd with the level of effort commensurate with the error within one (1) business day. Barnsoft Web Solutions Ltd shall not be responsible for correcting any errors not attributable to Barnsoft Web Solutions Ltd.

8.0 Go Live Policy

No software, error correction or modification will go live on Fridays unless otherwise agreed upon. Support is limited over the weekend and this policy is designed to reduce the risk of critical errors over this period.

9.0 Increasing Charges

Barnsoft Web Solutions Ltd may increase the Annual Charge, Normal & Abnormal Hourly Charges as set out in this Agreement by giving 14 days’ prior written notice to take effect at the end of the notice period. In such an event, You "the customer" may terminate this Agreement before the end of the said notice period by a written notice to Barnsoft Web Solutions Ltd.

10.0 Different Support Levels

PAYG (Pay As You Go) £40.00 ex vat for 1 Hour (One Time Payment)

Basic £19.99 ex vat for 2 hours (Per Month)

Advanced £49.99 ex vat for 5 hours (Per Month)

Professional £99.99 ex vat for 10 hours (Per Month)

Management Services Terms of Service

This Agreement between Barnsoft Web Solutions Ltd and You "the customer", is effective upon the date of purchase, shall remain in force until the service is fulfilled to address any necessary adjustments or modifications. Should adjustments or modifications be required that increase the fees paid for the services rendered under this Agreement, these increases will not exceed 100% of the value of the existing fees due under this Agreement. The Service Agreement duration depends on each individual service and time taken to fulfill that service.

1.0 This Agreement may be terminated by You "the customer" upon seven (7) days written notice to Barnsoft Web Solutions Ltd:

  1. Fails to fulfill in any material respect to our obligations under this Agreement and does not cure such failure within seven (7) days of receipt of such written notice.
  2. Breaches any material term or condition of this Agreement and fails to remedy such breach within seven (7) days of receipt of such written notice.

Terminates or suspends its business operations, unless it is succeeded by a permitted assignee under this Agreement.

  1. This Agreement may be terminated by Barnsoft Web Solutions Ltd upon seven (7) days written notice to You "the customer".
  2. If either party terminates this Agreement, Barnsoft Web Solutions Ltd will assist You "the customer" in the orderly termination of services, including timely transfer of the services to another designated provider. You "the customer" agrees to pay Service Provider the actual costs of rendering such assistance.

2.0 Fees and Payment Schedule

Fees will be either one off or per month, invoiced to You "the customer" per purchase, and will become due and payable on the date stated per invoice. Services will be suspended if payment is not received within 1 days following date due. Refer to the website for services covered by the fees under the terms of this Agreement. It is understood that any and all Services requested by You "the customer" that fall outside of the terms of this Agreement will be considered Projects, and will be quoted and billed as separate, individual Services.

3.0 Taxes

It is understood that any Federal, State or Local Taxes applicable shall be added to each invoice for services or materials rendered under this Agreement. You "the customer" shall pay any such taxes unless a valid exemption certificate is furnished to Service Provider for the state of use.

4.0 Coverage

Remote Helpdesk and Vendor Management of your IT networks will be provided to You "the customer" by Barnsoft Web Solutions Ltd through remote means between the hours of 08:00 am – 20:00 pm Monday through Friday, excluding public holidays. Network Monitoring Services will be provided 24/7/365. All services qualifying under these conditions, as well as Services that fall outside this scope will fall under the provisions on the website. Hardware costs of any kind are not covered under the terms of this Agreement.

4.1 Support and Escalation

Barnsoft Web Solutions Ltd will respond to You "the customers" Trouble Tickets under the provisions and with best effort after hours or on holidays. Trouble Tickets must be opened by your designated I.T. Contact Person, by Submitting a support ticket to our Help Desk, or by phone or email. Each call will be assigned a Trouble Ticket number for tracking..

4.2 Service outside Normal Working Hours

Emergency services performed outside of the hours of 08:00 am – 20:00 pm Monday through Friday, excluding public holidays, shall be subject to provisions.

4.3 Service Calls Where No Trouble is found

If You "the customer" requests onsite service and no problem is found or reproduced, You "the customer" shall be billed at the current applicable rates stated upon purchase..

4.4 Limitation of Liability

In no event shall Barnsoft Web Solutions Ltd be held liable for indirect, special, incidental or consequential damages arising out of service provided hereunder, including but not limited to loss of profits or revenue, loss of use of equipment, lost data, costs of substitute equipment, or other costs.

5.0 Additional Maintenance Services

5.1 Hardware/System Support

Barnsoft Web Solutions Ltd shall provide support of all hardware and systems specified on our website, provided that all Hardware is covered under a currently active Vendor Support Contract; or replaceable parts be readily available, and all Software be Genuine, Currently Licensed and Vendor-Supported. Should any hardware or systems fail to meet these provisions, they will be excluded from this Service Agreement. Should 3 rd Party Vendor Support Charges be required in order to resolve any issues, these will be passed on to You "the customer" after first receiving the your authorisation to incur them.

5.2 Virus Recovery for Current, Licensed Antivirus protected systems

Attempted recovery from damages caused by virus infection not detected and quarantined by the latest Antivirus definitions is covered under the terms of this Agreement. This Service is limited to those systems protected with a currently licensed, Vendor-supported Antivirus solution.

5.3 Monitoring Services

Barnsoft Web Solutions Ltd will provide ongoing monitoring and security services of all critical devices as indicated on our website. Barnsoft Web Solutions Ltd will provide a report as well as document critical alerts, scans and event resolutions to You "the customer". Should a problem be discovered during monitoring, Barnsoft Web Solutions Ltd shall make every attempt to rectify the condition in a timely manner through remote means.

6.0 Suitability of Existing Environment

6.1 Minimum Standards Required for Services

In order for your existing environment to qualify for Barnsoft Web Solutions Ltd's Managed Services, the following requirements must be met:

  1. All Servers with Microsoft Windows Operating Systems must be running Windows 2000 Server or later, and have all of the latest Microsoft Service Packs and Critical Updates installed.
  2. All Desktop PC's and Notebooks/Laptops with Microsoft Windows Operating Systems must be running Windows XP Pro or later, and have all of the latest Microsoft Service Packs and Critical Updates installed.
  3. All Server and Desktop Software must be Genuine, Licensed and Vendor-Supported.
  4. The environment must have a currently licensed, up-to-date and Vendor-Supported Server-based Antivirus Solution protecting all Servers, Desktops, Notebooks/Laptops, and Email.
  5. The environment must have a currently licensed, Vendor-Supported Server-based Backup Solution that can be monitored, and send notifications on job failures and successes.
  6. The environment must have a currently licensed, Vendor-Supported Hardware Firewall between the Internal Network and the Internet.
  7. All Wireless data traffic in the environment must be securely encrypted.
  8. There must be an outside static IP address assigned to a network device, allowing RDP or VPN access.

Costs required to bring Client's environment up to these Minimum Standards are not included in this Agreement.

7.0 Excluded Services

Service rendered under this Agreement does not include:

  • Parts, equipment or software not covered by vendor/manufacturer warranty or support.
  • The cost of any parts, equipment, or shipping charges of any kind.
  • The cost of any Software, Licensing, or Software Renewal or Upgrade Fees of any kind.
  • The cost of any 3 rd Party Vendor or Manufacturer Support or Incident Fees of any kind.
  • The cost to bring you "the customer's" environment up to minimum standards required for Services.
  • Failure due to acts of God, building modifications, power failures or other adverse environmental conditions or factors.
  • Service and repair made necessary by the alteration or modification of equipment other than that authorised by Barnsoft Web Solutions Ltd, including alterations, software installations or modifications of equipment made by you"the customer's" employees or anyone other than Barnsoft Web Solutions Ltd.
  • Maintenance of Applications software packages, whether acquired from Barnsoft Web Solutions Ltd or any other source unless as specified on our website.
  • Programming (modification of software code) and program (software) maintenance unless as specified.
  • Training Services of any kind.

8.0 Confidentiality

Barnsoft Web Solutions Ltd and its agents will not use or disclose You "the customer's" information, except as necessary to or consistent with providing the contracted services, and will protect against unauthorised use.

9.0 Miscellaneous

This Agreement shall be governed by the laws of the City of Cardiff, Wales, United Kingdom. It constitutes the entire Agreement between You "the customer" and Barnsoft Web Solutions Ltd for monitoring/maintenance/service of all equipment. Its terms and conditions shall prevail should there be any variance with the terms and conditions of any order submitted by You "the customer". Barnsoft Web Solutions Ltd is not responsible for failure to render services due to circumstances beyond its control including, but not limited to, acts of God.

10.0 Acceptance of Service Agreement

This Service Agreement covers only those services listed on our website. Barnsoft Web Solutions Ltd must deem any equipment/services You "the customer" may want to add to this Agreement after the effective date acceptable. The addition of equipment/services not listed at the signing of this Agreement, if acceptable to Service Provider, shall result in an adjustment to your "the customer's" charges.

Payment Methods & VAT

You "the customer" can make secure SSL protected payments to Barnsoft Web Solutions Ltd via our billing area (WHMCS) and our Payment Gateway (Stripe) with a Credit/Debit Card or using apple pay without any additional fees. All prices on the main site exclude vat and vat is added on during the order process and will show You "the customer" on the final page before You "the customer" makes the payment and processes the order. Our system will then autogenerate the invoice and send you confirmation of your purchase and all information via email.

Price Changes

Barnsoft Web Solutions Ltd reserves the right to modify or Change its Prices and Offerings without Prior permission or notice to You "the customer". Existing Customers will benefit from the Price, Plan and Resources allotted to them before changes.

Your Consent

By using our site and purchasing our services, You "the customer" consent to all of our terms of service above be that individually or as a whole..

Terms of Services

Changes

Barnsoft Web Solutions Ltd reserves the right to modify or Change its Terms of Service without Prior permission or notice to You "the customer". If we decide to change our TOS, we will update the Terms of Service modification date below.

This TOS was last modified on 10th September 2017

Contacting Us

If there are any questions regarding this Terms of service you may contact us using Tickets, Live Chat or Contact Us.


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