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General terms and conditions
If you need to contact us, please submit a support ticket or call customer services on 0845 838 1512 OR 01759 388708.
These General Terms & Conditions and the Service Specific Terms & Conditions, the Acceptable Use Policy and any information relating to the Service/Package purchased from Ollie n Amber forms the Agreement between Us. If any of these General Terms & Conditions are inconsistent with any terms set out in Ollie n Amber Service specific terms & conditions, the Service specific terms & conditions shall prevail.
You acknowledge and accept that Your use of the Services must be in accordance with the Acceptable Use Policy which can be viewed below.
1. Definitions
1.1 "Agreement" means any agreement to which these terms & conditions are incorporated.
1.2 "Ollie n Amber" and "TheSiteSeller.com" means Jane Wilkinson and Robert Newbould t/a Ollie n Amber at 2 Georges Place, Pocklington, East Yorkshire YO42 2DF.
1.3 "Package" means a collection of Services.
1.4 "Pay As You Go" means Ollie n Amber no minimum term commitment monthly payment option.
1.5 "Charges" means the Charges for the Services set out in order form or as otherwise notified to You.
1.6 "Services" means the Services to be provided by Ollie n Amber.
1.7 "You/Your" means the person or company who purchases Services from Ollie n Amber.
2. Duration and Automatic Renewal of Services
2.1 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, all Services for which payment is required on a monthly basis are provided for a fixed monthly (i.e. 1, 3, 6 or 12 month) term. The contract will automatically renew on its anniversary date and continue for successive further 1, 3, 6 or 12 month periods determined by your initial order, unless terminated in accordance with these General Terms & Conditions or the Services or Package specific terms. In the event that You have an existing contract with Us commenced prior to 24 October 2010 ("existing contract") the term and termination provisions of that existing contract shall continue to apply.
2.2 Please be aware that unless You terminate the Services in accordance with clause 3 below, the Services will automatically renew on the anniversary date of the contract for a successive contract term and You will be responsible for a further 1, 3, 6 or 12 months charges whichever is applicable. If you choose to terminate the Services any time after the anniversary date of the contract You will still be required to pay the Charges for the remaining period of the then current term of the contract.
3. Cancellations
3.1 You are entitled to cancel the Services by submitting a cancellation request to our accounts team via the Accounts & Support panel no less than 7 days prior to the anniversary date of the contract term of the Services or Package you have purchased.
Your request will be passed to our customer care team, who will contact you to finalize the closure of the package.
Please note: by signing up for any of our services you agree to be bound by all Ollie n Amber terms and conditions.
3.3 Ollie n Amber reserves the right to cancel and/or suspend Your Service at any time without notice if You breach these General Terms & Conditions and/or Service Specific Terms & Conditions and/or our Acceptable Use Policy.
4. Refunds
4.1 Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.
4.2 In the event that Ollie n Amber cancels Your Service for reasons other than Your breach of contract, You will be entitled to a pro rata refund based upon the remaining period of Your current contract term.
4.3 If You contravene Your Agreement with Ollie n Amber, a refund will not be issued in the event of a cancellation.
5. Payment
5.1 All Services and Packages must be paid for in advance in accordance with the specific provisions of that Service or Package.
5.2 You will be automatically charged the Price again on the anniversary date of the contract term unless You have cancelled the Services in accordance with Ollie n Amber' cancellations procedure set out in clause 3 above. Payment of the Price will be taken via the payment method specified within the account control panel.
5.3 Ollie n Amber reserves the right to change the Charges and/or nature of its Services by giving You written notice of those changes. Notice of changes to Charges and/or Services will be given by e-mail to the e-mail address held in Your Account. If You have already purchased a particular Service then the change in the Price or nature of that Service will only become effective when the Service reaches the end of its current term. You will be charged the new Price when the Service is automatically renewed at the end of the current term.
5.4 All payments must be made in UK pounds sterling.
5.5 You warrant that You are lawfully authorised to make payment using the payment card or facility You disclose to Ollie n Amber. In the event that You are not the named card holder, You acknowledge that You and the party who is the named card holder both accept Ollie n Amber Terms & Conditions and are jointly and severally liable for the payment of all Charges for which payment will be taken from the payment method, the details of which You have provided. You will indemnify and hold Ollie n Amber harmless in the event that the cardholder or issuer declines any transaction for payments to Ollie n Amber, including all of Ollie n Amber costs in administering Your non-payment and obtaining payment of those Charges due.
5.6 Where You provide Ollie n Amber with information relating to a third party, including but not limited to the use of their payment details, either in accordance with clause 5.5 above or for any other purpose, You warrant that You have obtained express consent from the third party for Ollie n Amber to use their information and you consent that we may share your information, including but not limited to the Services You have purchased, to enable the third party to ascertain the terms of your Agreement with Us and why we are authorised to take payment from the third party's payment card or PayPal account, if necessary, to contact the third party for the purposes of this Agreement.
5.7 Ollie n Amber reserves the right to suspend Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £20 administration charge. You are responsible for all money owed on the account from the time it was established until Ollie n Amber accepts Your cancellation request.
5.8 You are required to have a valid email address and credit/debit card and/or PayPal account registered to Your account at all times, failure to do so will result in automatic suspension of Your account. If You cancel Your credit/debit card and/or Paypal account for any reason You must immediately notify Ollie n Amber and provide details of a current valid payment card and/or PayPal Account
5.9 PayPal - Payments processed by PayPal are subject to PayPal's terms and conditions of Service, and Ollie n Amber makes no representations or warranties with respect to those Services.
5.10 No bills or invoices will be sent by regular mail. All invoices will be sent directly to You via email shortly after the purchase or automated renewal transaction is completed.
5.11 If You fail to pay all Charges due, Ollie n Amber reserves the right to interrupt, suspend or cancel the Services to You. Such interruption, suspension or cancellation does not relieve You from paying all Charges which are overdue and payable to Ollie n Amber.
6. Chargebacks
6.1 If You withdraw any payments made via a credit card or PayPal account (a "chargeback") You may be subject to a administration fee of £50, should Ollie n Amber deem the chargeback to be unfair. Ollie n Amber also reserves its right to defend such chargebacks and recover the original monies from You or the card issuer.
6.2 If a chargeback is made, Ollie n Amber reserves the right to interrupt, suspend or cancel the Services. Such interruption, suspension or cancellation does not relieve You from paying the original Charges which are overdue and payable to Ollie n Amber.
7. Appropriate Service use
7.1 Ollie n Amber reserves the right to refuse Service and/or access to its servers and/or Services to anyone.
7.2 Ollie n Amber does not allow any content which breaches our Acceptable Use Policy to be stored on its servers:
7.3 Customers may
not engage in conduct including, but not limited
to, posting of defamatory, scandalous, or
private information about a person without their
consent, illegal pornography, intentionally
inflicting emotional distress, or making
physical threats against another person via
email, news, or any other electronic
media/service we provide.
7.4 Customers are prohibited from transmitting
on or through any of TheSiteSeller.com and Ollie
n Amber services, any material that is, in
TheSiteSeller.com and Ollie n Amber sole
discretion, unlawful, threatening, abusive,
libellous, or encourages conduct that would
constitute a criminal offense, give rise to
civil liability, or otherwise violate any local,
regional, national or international law, statute
or regulation.
7.5 TheSiteSeller.com and Ollie n Amber services
may only be used for lawful purposes.
Transmission, distribution, or storage of any
information, data or material in violation of UK
law, or by the common law, is prohibited. This
includes, but is not limited to, material
protected by copyright, trademark, trade secret,
or any other statute, law or regulation.
TheSiteSeller.com and Ollie n Amber reserves the
right to remove such illegal material from its
servers. Users/accounts cannot represent (in the
sole judgment of TheSiteSeller.com and Ollie n
Amber) an unusually large burden on the network.
TheSiteSeller.com and Ollie n Amber also
reserves the right to discontinue services to
servers which compromise the network integrity.
Harassment, whether through language, frequency,
or size of messages, is prohibited.
7.6 Customers may not send any email that has
not been explicitly solicited. If a recipient
asks to stop receiving email, the customer must
not send that person any further email.
7.7 Customers are explicitly prohibited from
sending unsolicited bulk mail messages ('junk
mail' or 'spam'). This includes, but is not
limited to, bulk-mailing of unsolicited
commercial advertising, informational
announcements, and political tracts. Such
material may only be sent to those who have
explicitly requested it.
7.8 Customers may not forward or otherwise
propagate chain letters, whether or not the
recipient wishes to receive such mailings.
7.9 Malicious email, including but not limited
to 'mailbombing' (flooding a user or site with
very large or numerous pieces of email) and
'trolling' (posting outrageous messages to
generate numerous responses) is prohibited.
7.10 Forging of header or any other information
is not permitted.
7.11 Subscribing someone else to a mail list or
removing someone else from a mail list without
that person's permission is prohibited.
7.12 TheSiteSeller.com and Ollie n Amber
accounts or services may not be used to collect
replies to messages sent from another Internet
Service Provider, where those messages violate
this Usage Policy or the usage policy of that
other provider.
7.13 These rules apply to other types of
Internet-based distribution mediums as well,
such as RLG's Ariel system (a system for sending
FAX-like documents over the Internet).
7.14 Customers may not send Usenet spams (i.e.
publicizing their site in a large number of
newsgroups that are irrelevant to the topic of
the site).
7.15 Customers may not operate an Open-relay
mail server.
NOTE: TheSiteSeller.com and Ollie n Amber
operates under a strict one-warning policy
regarding unsolicited e-mail, unless the
violation is of such nature that the account, in
our sole discretion requires immediate
termination, in which event service will be
immediately terminated.
7.16 Customers may not attempt to circumvent
user authentication or security of any host,
network, or account ('cracking'). 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, or probing the security of
other networks.
7.17 Customers may not attempt to interfere with
service to any user, host, or network ('denial
of service attacks'). This includes, but is not
limited to, 'flooding' of networks, overload of
a service, and any activity resulting in the
'crash' of a host.
7.18 Customers may not use any kind of
program/script/command, or send messages of any
kind, designed to interfere with a user's
terminal session, via any means, locally or by
the Internet.
7.19 Customers must safeguard their account
passwords and keep all websites, code, scripts,
programs, etc up to date to prevent unauthorized
access to their account. Customer is liable for
all resource fees incurred under customer's
account. If customer grants public write
permissions to customer's account, customer is
liable for fees for disk space consumed by any
others writing to the account.
7.20 Users who violate systems or network
security may incur criminal or civil liability.
TheSiteSeller.com and Ollie n Amber will
cooperate fully with investigations of
violations of systems or network security at
other sites, including cooperating with law
enforcement authorities in the investigation of
suspected criminal violations.
7.21 Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of Ollie n Amber.
7.22 Ollie n Amber reserves the right to move Your data to a different server with no previous notice.
8. Scheduled maintenance
8.1 To guarantee optimal performance on the servers, it is necessary for Ollie n Amber to perform routine maintenance. Such maintenance often requires taking Ollie n Amber Exchange servers off-line, typically performed during off-peak hours. Ollie n Amber will give You advance notice of maintenance requiring the servers to be taken off-line whenever possible.
9. Support
9.1 We will endeavour to provide a continuous high quality service. If You experience problems with Your Service, You should contact Ollie n Amber support at http://thesiteseller.com/accounts/support.php
9.2 Please note we may require suspension of some of Ollie n Amber Services for short scheduled periods to carry out maintenance or repair to Ollie n Amber Services.
10. Reselling of Services
10.1 All Services other than Ollie n Amber Reseller Packages are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting Services of their website to other parties.
10.2 Ollie n Amber reserve the right to suspend access to the automated management facilities of the Reseller account including the API (Application Programming Interface) if a customer's use is deemed to be affecting the platform for which Ollie n Amber delivers the Services.
11. Database Usage
11.1 If You exceed the limits on Ollie n Amber database products (MS SQL and MySQL) then we will automatically charge You for the additional space You use at Ollie n Amber current Charges. For example if You have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 50MB in that month.
12. Ownership of data
12.1 All data created or stored by You within Ollie n Amber' applications and servers are Your property. Ollie n Amber shall allow access to such data by only authorised Ollie n Amber personnel. Ollie n Amber makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder's server space or within applications on Ollie n Amber' servers.
12.2 You are responsible for backing up Your data.
13. Uploads via scripting languages
14. Passwords
14.1 It is the mailbox owner's responsibility to keep his/her password confidential, and to change the password on a regular basis. Ollie n Amber is not responsible for any data losses or security issues due to stolen passwords. Ollie n Amber recommends that You use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. "12345", "password", etc.).
15. Your personal details
15.1 Please note that whilst Your email is primarily used for billing purposes, Ollie n Amber reserves the right to email You information about enhancements to Ollie n Amber systems and product offerings. You can unsubscribe from marketing communications within Your Ollie n Amber account control panel.
15.2 We will not provide any of Your personal information to other companies or individuals. For more information about how we collect and use Your personal information please read Privacy Policy
16. Ollie n Amber Disclaimers and Warranties
16.1 Ollie n Amber does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Ollie n Amber cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all Service interruptions caused by Ollie n Amber and its employees.
16.2 Ollie n Amber makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder "as is" without warranty of any kind.
16.3 So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.
16.4 For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
17. Liability
17.1 Ollie n Amber shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.
17.2 Ollie n Amber will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
17.3 No matter how many claims are made and whatever the basis of such claims, Ollie n Amber' maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by You for the Services in relation to which Your claim arises during the 12 month period prior to such claim.
17.4 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Ollie n Amber, its employees or its sub-contractors.
17.5 Ollie n Amber shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-
17.5.1 Interruptions to the flow of data to or from the internet;
17.5.2 Changes, updates or repairs to the network or software which it uses as a platform to provide the Services;
17.5.3 The effects of the failure or interruption of Services provided by third parties;
17.5.4 Factors outside of 'Ollie n Amber' reasonable control;
17.5.5 Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
17.5.6 Problems with Your equipment and/or third party equipment;
17.5.7 Interruptions to the Services requested by You.
18. Force Majeure
18.1 Ollie n Amber shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of Ollie n Amber (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication Services generally, or other similar force beyond its reasonable control.
19. Non-Waiver
19.1 The failure of Ollie n Amber to require Your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Ollie n Amber of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
20. Survival
20.1 The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable not with standing termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.
21. Notice
21.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by Ollie n Amber to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information You have provided.
22. Governing Law
22.1 Your rights and obligations and all contemplated by this Agreement shall be governed by English law and You submit to the exclusive jurisdiction of the English Courts.
23. Legal Fees
23.1 If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
24. Assignment
24.1 You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of Ollie n Amber However, in the event that Ollie n Amber consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
25. Entire Agreement
25.1 This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth here in.
26. Amendment in Writing
26.1 We may update or amend these General Terms and Conditions, the Service Specific Terms & Conditions including any technical specification relating to the Services and/or Package, the Acceptable Use Policy, Privacy Policy and any information relating to the Services/Package from time to time to comply with law or to meet our changing business requirements. We will give You prior notice of any changes to the Agreement and You can choose to cancel the Services without penalty before the new terms affect you.
27. Further Assurances
27.1 The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.
28. Relationship of the Parties
28.1 Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
29. Joint and Several Obligations
29.1 If any party consists of more than one entity, their obligations here under are joint and several.
30. No Third Party Beneficiaries
30.1 This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
31. Severability
31.1 In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Ollie n Amber will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Ollie n Amber as reflected in the original provision.
Please note: by signing up for any of our services you agree to be bound by all Ollie n Amber terms and conditions.
31.2 TheSiteSeller.com and Ollie n Amber reserves the right to modify this Statement at any time.