Terms of Service

Our aim at Spicefly is to provide the best service we can to our customers, to help us achieve this goal we have set out the following terms of service. It is your responsibility to ensure that you are up to date with all of our terms and conditions. We will however, notify you of any prominent changes to our terms that we feel you need to be made aware of.

Be Good!

All services provided by Spicefly may only be used for lawful purposes. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, material that may cause offence, material that is related to firearms or explosives, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Spicefly from any claims resulting from the use of the service which damages the subscriber or any other party. Pornography is prohibited on our servers. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Spicefly will be the sole arbiter as to what constitutes a violation of this policy.

Don’t cause trouble!

Some functionality of Spicefly Ecommerce solutions may allow you to enter code for example for site analytics (tracking of visitors). You may *not* enter any code that is designed to deceive or adversely impact a visitor, or input code for nefarious practices such as Cross Site Request Forgery or to attempt to steal visitor information. Spicefly reserve the right to remove any code without recourse and to disable functionality without notice and/or terminate your account without notice and without refund.

System Resources

We offer an “unlimited” number of Products within some of our Ecommerce solutions. However if you abuse this and are found to be using excessive system resources resulting in degrading the service of other users, we will in the first instance attempt to contact you to resolve the issue, in extreme cases we reserve the right to disable your account.

Intellectual Property Rights

Material accessible to you through our Services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use a Spicefly Ecommerce solution in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Spicefly systems. If you use a domain name in connection with our service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. Spicefly retain all copyright, ownership and Intellectual property to all scripting, database and source code. Spicefly will not provide access to any source code. Our services are on a rental basis only, you do not own any rights to any of our systems or solutions.

Network Security

Customers may not use our systems with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. We will cooperate fully with investigations of violations of systems or network security at other sites, including co-operating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service

Spicefly reserves the right at its sole discretion to refuse or cancel service. Violation of any of Spicefly’s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domain names supplied in our solutions will not be released to the customer.

Spam or Unsolicited Email

You must not use our systems for the sending of spam, flames, mail bombs, or unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates web sites hosted by Spicefly. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed we reserve the right to disable your account without warning. Spicefly reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to a Spicefly server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnity

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of services by us to you and your use of the services and the server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this agreement.

Payment Policies

All accounts are set up on a prepay basis. Although Spicefly reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Any changes to prices will be clearly communicated to customers prior to their application, with customers being given one month's notice of any changes. Notice will be served via email, to the email address held on account. Payment is due every 30 days, from the date the account was established. Customers will automatically be charged again at the end of the prepaid period unless confirmation of the wish to close has already been received from the customer (see service cancellations). No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. All payment is in UK sterling. All prices displayed are shown excluding UK VAT unless otherwise stated.

Service Renewal

All services will automatically renew on the due date, this is unless a prior cancellation request has been submitted. Telephone cancellation requests are not accepted as we require the request to be logged. If a service has been renewed and no cancellation has been received no refund is due for any services paid. All invoices must be paid on or before the due date. Spicefly will attempt to automatically re-bill when your invoice becomes due. If payment is declined we will continue to attempt to take payment until a cancellation request is submitted by the customer. We reserve the right to suspend all services once they become overdue.

Service Cancellations

To cancel your service(s) you must submit a cancellation request via email at least thirty (30) days before the service renewal date, telephone cancellation requests are not accepted as we require the request to be logged. We will confirm your cancellation has been received and any future billing will cease. We do not issue refunds for any unused time on your service should you choose to cancel your service before your billing date. To cancel any domain name(s) we hold for you, you must submit a cancellation request via email at least thirty (30) days before the renewal date.
Failure to provide notice may result in additional charges which will not be refunded. Not keeping your domain name payment term can cause the loss of your domain name. Where you have not paid for your domain name and the term has expired, Spicefly may release it back to the domain registrar and will not be liable for any costs involved in reclaiming the domain name.
We do not issue refunds for any unused time on your service should you choose to cancel your service before your billing date.
Changing a domain names DNS to another provider, non-payment of the renewal invoice or transferring a domain away from Spicefly does not constitute a cancellation request. A cancellation request must be submitted as outlined above and we will then confirm the cancellation date back to you.
If you wish to move your domain to another provider you need to email us requesting that we
a) change the IPSTAG if it's an .UK domain or b) unlock the domain if it's a .COM/.INFO/.NET/.ORG/.BIZ.
Requests to move a domain away can only be actioned if the domain is in an active state and not in payment arrears. If the domain is past renewal we will not be able to release the domain until any outstanding balance has been paid in full.
Should you wish to leave Spicefly you may not take any code from our servers, see Intellectual Property Rights section. Should you require a database extract of Product or Order information we shall endeavour to assist you, however we reserve the right to refuse such requests or charge (by prior agreement) for the effort involved in this activity.

Data Transfer (Bandwidth) Overage

We offer "unlimited" bandwidth within some of our Ecommerce solutions. However if you abuse this and are found to be using excessive system resources resulting in degrading the service of other users, we will in the first instance attempt to contact you to resolve the issue, in extreme cases we reserve the right to disable your account.

Refunds Policy

You have the right to cancel your account within seven days to receive a full refund, your seven days commences from when you first sign up for our service. To cancel under this policy you need to email us, quoting your account username, there are exceptions to this policy which are domain name registration and setup fees where applicable, these are non-refundable. Business customers are also excluded from this refund policy as the distant selling act does not apply.

Chargebacks

If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately refund the payment for the appropriate amount. Any customer withdrawing payment (a "chargeback") may be subject to a punitive fee of £50, should the company deem this chargeback to be unfair. The company also reserves its right to defend such chargebacks and recover the original monies from the customer.

Domain Expiry & Redemption Fee's

Before a domain expires you will be reminded to renew your domain by email to the address we have on your billing account. On the date a domain expires it will be taken offline and may be released back to the registrar. The domain will enter what's called a "redemption period" and to renew the domain at this stage will cost £200.00+VAT - this is a cost charged by the registry and passed on to you by us, this in addition to our standard domain renewal charge. After another 30 to 90 days from expiry have passed, the domain is released to the public so anyone can re-register your domain and you will lose it.

Complaints Escalation Procedure

We aim to give outstanding service and value for money, however we recognise that from time to time issues can arise that need to be escalated. We are committed to resolving any such issues as quickly and efficiently as possible. The following section gives information on how to contact us, and what to do if you have a complaint. If you are unhappy with any of our services, or you feel that you have not received a satisfactory response from our helpdesk, you may send your complaint in writing to the address on our main page. Alternatively you can email us and should expect to receive a response to your query within 14 days of us receiving your correspondence. On receipt of your complaint our Customer Services Manager will thoroughly investigate any issues raised and propose a course of action for resolution.

Disclaimer

Spicefly Limited will not be responsible for any damages your business may suffer. Spicefly Limited makes no warranties of any kind, expressed or implied for services we provide. Spicefly Limited disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Spicefly Limited and its employees. Spicefly Limited makes no "uptime" guarantees. Spicefly Limited performs backups of customer’s data on a regular basis however they come with no guarantee. Spicefly Limited can accept no responsibility for any loss of data or consequences arising from this. All communications (emails, verbal or written) are between Spicefly Limited and the client. These communications are private and are therefore not to be shared with any other parties. This agreement is made between the customer (as specified in the customer details section when placing your order) and Spicefly Limited. Spicefly Limited emphasises that in accepting services, customers indemnify Spicefly Limited for the violation of any law or Spicefly Limited policy, that results in loss to Spicefly Limited or the bringing of any claim against Spicefly Limited. This means that if Spicefly Limited is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Spicefly Limited, plus costs and reasonable legal fees. Failure to comply with any of our terms & conditions will result in grounds for immediate account termination. Spicefly Limited reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.