1. Interpretation
Conditions: these General Conditions and the Special Conditions which are applicable to the Contract.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Services, in accordance with these Conditions.
Customer: the person, firm or company who purchases Services from the Supplier.
Customer ID: the Customer’s account number in relation to any Service which allows access to the Management Interface.
Documentation: the documentation and tools made available to the Customer on the Supplier’s website.
Hardware: the equipment, cabling and systems provided by the Supplier in connection of the Services.
Incident: a problem or malfunction of the Service.
Keywords: those words notified to the Customer by the Supplier which control the Customer’s access to some of the Services including without limitation a password and username.
Order: a request made by the Customer to the Supplier for Services to be supplied under the Conditions.
Quotation: a proposal sent by the Supplier to the Customer for the provision of certain Services at the quoted price.
Service: all services provided by the Supplier to the Customer in accordance with these Conditions.
Software: the computer software provided by the Supplier in connection with the Services.
Special Conditions: any additional terms and conditions agreed between the Customer and the Supplier in writing.
Technical Assistance: the provision by the Supplier of documentation and
assistance to the Customer in relation to the installation and use of the Service by
the Customer.
VAT: value added tax chargeable under English law for the time being and any
similar additional tax.
2. Application of conditions
The Conditions shall apply to any Contract between the Supplier and the Customer for
the provision of Services and shall prevail over any inconsistent terms or conditions
submitted by the Customer or implied by law, trade custom, practice or course of dealing.
The Supplier shall be entitled to amend the Conditions at any time by giving notice to
the Customer at least 30 days before the changes take effect, such notice to be given by
email or by notification on the Supplier’s website. Upon receipt of such notice, the
Customer shall be entitled to terminate the Contract with effect from the date of the
notice, such termination to be notified to the Supplier no later than 30 days from the date
of the notice (time being of the essence). The Customer shall not be entitled to any refund
of the fees and shall remain liable for any fees previously due. Failure to give such notice
of termination shall be deemed acceptance of the new Conditions. Any renewal of the
Services shall be subject to the Supplier’s Conditions current at the date of renewal.
The Order constitutes an offer by the Customer to purchase the Services specified in
the Order. A contract on the terms set out in these Conditions shall be created when the
Supplier accepts the Order or commences/executes work
pursuant to the Order. The Supplier shall send the following emails to the Customer at the Customer’s email
address specified in the Order:
a) a first email acknowledging receipt of the Order.
b) a second email confirming acceptance of the Order and that the payment of the fees has been received by the Supplier.
c) a third email containing any Keywords necessary to enable the Customer to
gain access to the Services.
d) a fourth email containing an invoice for the Services.
For the avoidance of doubt, the second email shall
constitute acceptance of the Order placed by the Customer.
3. Supplier's obligations
The Supplier shall perform the Services with reasonable care and skill and in
accordance with best industry practice but shall not be liable for downtime caused by
routine or emergency maintenance by the Supplier or occasioned by third parties.
The Supplier reserves the right at any time and from time to time to amend, improve
or correct the Services, Software and/or Hardware (or any part thereof) provided that such
modification does not materially affect the Services, Software and/or Hardware (and any
part thereof). This includes the right to substitute Hardware with hardware of similar
specification, where necessary. The Supplier shall give reasonable notice of such
modification by email.
The Supplier shall process the Customer’s personal data in compliance with the Supplier’s privacy and Security Policy. The Customer hereby
consents to such processing of such personal data for the purpose of the provision of the
Services.
4. Liability
The Supplier shall have no liability to the Customer under the Contract if it is
prevented from, or delayed in, performing its obligations under the Contract or from
carrying on its business by acts, events, omissions or accidents beyond its reasonable
control, including, without limitation, strikes, lock-outs or other industrial disputes
(whether involving the workforce of the Supplier or any other party), failure of a utility
service or transport network, act of God, war, riot, civil commotion, malicious damage,
compliance with any law or governmental order, rule, regulation or direction, accident,
breakdown of plant or machinery, fire, flood, storm, failure of power supply, or default of
suppliers or sub-contractors (“Force Majeure Event”).
If the Force Majeure Event prevails for a continuous period of more than 30 days, any
party may terminate the Contract by giving written notice to the other party. Such
termination shall be without prejudice to the rights of the parties in respect of any breach
of the Contract occurring prior to such termination.
The Supplier shall have no liability to the Customer under the Contract if the Supplier's
performance of its obligations under the Contract is prevented or delayed by any act,
omission, fault or negligence of the Customer or the Customer's agents, sub-contractors or
employees, and in particular due to:
a) Damage to the Customer’s equipment, software or telecommunications links.
b) Wrongful use of the Software, including by the Customer or the Customer’s
clients, or non-compliance with any operating instructions given by the Supplier.
c) Disclosure, unlawful or fraudulent use of the Keywords;
d) Fault, negligence or omission by a third party not connected to the Supplier.
e) Issue by a competent authority of an order which is binding on the Supplier and
which affect the Services.
f) Total or partial loss of the material and/or data uploaded due to an error by the
Customer.
g) Incompatibility of the Software with any of the Customer’s equipment, software
or telecommunications links.
The Customer acknowledges that there is a risk that any material or data generated,
stored, transmitted or used via or in connection with the Services may be irretrievably
damaged or lost if there is a failure or on suspension or termination of the Services and
that the Supplier shall be under no obligation to back-up any such material or data. The
Customer shall take precautionary measures for preserving such material or data in the
event of loss, or damage, however caused. The Supplier recommends customers to back up
their material at least once a month.
5. Customer's obligations
The Customer warrants that:
a)it has the power and authority to enter into and perform its obligations under the
Contract.
b)it has received all relevant information and advice from the Supplier before
placing the Order and that it has satisfied itself that the Services shall be suitable
for its particular needs.
c)its use of the Services will not infringe any third party intellectual property or
other rights.
The Customer shall:
a) not knowingly use the Services, Software, and/or Hardware or allow them to be
used for any unlawful purpose or to send SPAM or for the publication, linking to,
issue or display of any unlawful material (which shall include without limit any
pirated software or any material which is obscene, pornographic, threatening,
malicious, harmful, abusive, defamatory or which breaches the rights (including
without limit intellectual property rights) of any third party or which is or
encourages criminal acts or contains any virus, worm, trojan horse or other harmful
code) whether under English law or regulation, the laws or regulations of the
Customer's country or any other place where the results of such purpose or such
material can be accessed.
b) not knowingly use the Services, Software and/or Hardware or allow them to be
used for the publication, linking to, issue or display of any material which in the
absolute discretion of the Supplier may harm the Supplier or any of its clients
bring the Supplier into disrepute or may call into question any action taken by the
Supplier on the Customer's behalf.
c) not provide any technical or other information obtained from the Supplier and/or
relating to the Services, these Conditions or the Contract to any person, company,
firm or government which the Customer knows or ought reasonably to be aware
may directly or indirectly lead to a breach of any relevant law or regulation.
d) not knowingly use the Services, Software and/or Hardware or allow them to be
used in breach of the Supplier’s Acceptable Use Policy, which can be found at
www.pimhoster.com, and shall bring it to the attention of the Customer’s authorised
users.
e) provide the Supplier with accurate contact details, bank details and email
address, and shall promptly notify the Supplier of any changes by email.
f) comply with the Supplier’s reasonable instructions and requests concerning the
Services.
g) immediately notify the Supplier by email if it becomes aware of any unauthorized
use of all or any of the Services, Software and/or Hardware.
h) ensure that all Keywords are at all times kept confidential, used properly and not
disclosed to unauthorized people and if the Customer has any reason to believe that
any Keyword has become known to someone not authorized to use it or if any
Keyword is being or is likely to be used in an unauthorized way or the Customer is
aware of any other breach of security then the Client shall inform the Supplier
immediately. For the avoidance of doubt, the Customer shall be solely responsible
for any unauthorised and/or fraudulent use of the Keywords whether such
unauthorised and/or fraudulent use is due to its agents’, sub-contractors’ or
employees’ fault, omission or negligence. Any change of Keywords, at the
Customer’s request, will be charged to the Customer on a time-and-material basis.
i) inform the Supplier promptly in the event of any actual or suspected security
breaches in connection with the Services.
j) provide in a timely manner such information as the Supplier may request, and
ensure that such information is accurate in all material respects.
k) ensure that it has all necessary consents, permissions and licenses to make use of
the Services including without limit registration.
l) use the Services in a manner consistent with any and all applicable laws and
regulations.
m) maintain appropriate insurance cover in respect of its liability arising out of or
connected with this Contract with a reputable insurance company.
6. Fees and payment
The fees for the Services shall be set out in the Supplier’s price list as amended from
time to time, the current version of which is available online at Pimhoster. The total
fees for the Services shall be confirmed by the Supplier, shall be inclusive of VAT, and shall
be payable in US Dollars/Thai Bahts.
The Supplier shall be entitled to vary its price list at any time by giving notice to the
Customer at least 30 days before the new price list is to come into effect, such notice to
be given by email or by notification on the Supplier’s website. Upon receipt of such notice,
the Customer shall be entitled to terminate the Contract with effect from the date of the
notice, such termination to be notified to the Supplier no later than 30 days from the date
of the notice (time being of the essence). Failure to give such notice of termination shall
be deemed acceptance of the Supplier’s new price list.
The Customer shall pay the fees upon placing the Order, and at the interval(s)
specified therein and upon renewal of the Services by credit or debit card, by bank
transfer, or by cheque. All fees shall be non-refundable unless otherwise stated.
Time for payment shall be of the essence of the Contract.
All payments payable to the Supplier under the Contract shall become due immediately
on termination of the Contract, despite any other provision. This condition is without
prejudice to any right to claim for interest under the law, or any such right under the
Contract.
The Supplier may, without prejudice to any other rights it may have, set off any
liability of the Customer to the Supplier against any liability of the Supplier to the
Customer.
The Customer may not dispute any fees and/or Services unless s/he notifies such
dispute to the Supplier by email at This email address is being protected from spambots. You need JavaScript enabled to view it. within 30 days from the
Order.
8. Limitation of Services
The Supplier acknowledges that given the nature of the Internet and the fluctuation of
the bandwidth, the Services provided by the Supplier may be subject to variation.
The Supplier shall be entitled to restrict or suspend the Services if:
a) the Customer uses the Services for an activity which contravenes the principles
contained in the Acceptable Use Policy.
b) the Customer commits any serious or persistent breach of any of its obligations
under the given Condition.
c) an order which is binding on the Supplier is issued by a competent authority.
d) the Supplier wishes to carry out routine or emergency maintenance, repair or
upgrade to the Services.
e)this is permitted under any Special Conditions applicable to the Services.
9. Partners
02 258 3397
