General Terms and Conditions
General Terms and Conditions
Last Updated: November 24, 2021
Please read the following Terms and Conditions carefully before using the site or signing up for any service that Lingsites offers.
Note: The Lingsites’ managed website design subscription service as seen at https://lingsites.com/services/ is described in Terms and Conditions: Managed Subscription Plans at https://lingsites.com/terms-and-conditions-msp/.
If you have any questions after you’ve read the document, please write us at firstname.lastname@example.org and we’ll be happy to answer.
Lingsites is a project of Design Wellness International Ltd., (hereinafter referred to as “we”, “us” “Lingsites”, or the “Company”). We make available the web hosting and related services described in Lingsites’ published service descriptions subject to these Terms and Conditions (the “T&C” or “this document”).
For the purposes of this document, the word “you” means the individual requesting one or more services provided by Lingsites, and, if applicable, includes any other legal entity on behalf of which an individual makes such a request. Additionally, you agree not to make such a request on behalf of any other legal entity unless you have the authority to bind that legal entity to the T&C.
2.1. “Business Days” means Monday to Friday excluding any bank holidays or other national holidays in England.
2.2. “Cancelling” an order means asking us not to give effect to an order you have placed, before we have made that service available to you.
2.3. ”Service period” means the duration you have selected for your Service plan.
2.4. ”Service plan” means the specific configuration of services which you have selected (or to which you have been upgraded).
2.5. ”Staff” means our employees and authorised contractors.
2.6. “Suspending” a service means that we stop your service from working but keep it in a state from which we can resume it quickly. Suspension does not affect your obligations under this agreement and does not terminate this agreement.
2.7. ”Terminating” a service means that we stop supplying your service completely and terminate this agreement in respect of those services. At this point you are no longer liable for further ongoing charges but must still pay any outstanding invoices.
2.8. Any reference to a “day” means a period of 24 hours. For example, a period of two days from now means two periods of 24 hours from now.
3. Your General Obligations
You warrant to Lingsites that you have the capacity to enter into a legal agreement in the province, state, territory, or country in which you reside. If you do not have the capacity to enter into a legal agreement in the province, state, territory, or country in which you reside, do not request services from Lingsites unless your parent or guardian enters into the T&C on your behalf.
3.2. You agree that any breach of this clause 3 is a material breach of this agreement
3.3. You must:
a) comply with our reasonable instructions, guidelines, and directions about the use of the services
b) co-operate with us in all matters relating to the services, and do so in a timely manner
c) provide any information required by us accurately, comprehensively, in good faith, and in a timely manner
d) keep your account credentials secret and secure your network and equipment as you consider appropriate to the risks facing you. If you become aware of a compromise, you must immediately change your account password(s) and other security devices and notify us
e) behave at all times in a polite and professional manner towards us and our staff
f) maintain such backups, disaster recovery plans, and resiliency plans, as are appropriate to your situation
g) comply with all applicable law; and
h) ensure that your users (and anyone else who may use the services) comply with all the obligations under this agreement which are imposed on you (except for obligations to pay). You are liable to us for their breach or non-compliance.
4. Dates and times are estimates
4.1. Any date or time we communicate to you in respect of the services, including as to installation or activation, is an estimate.
5. Service access, suspension, and maintenance
5.1. While we will use our reasonable efforts to maintain and operate the services, we make no promises that they will always be available or functioning, nor that they will be fault-free.
5.2. We may suspend all or part of the services if, in our reasonable opinion, you fail to comply with your obligations under this agreement, or if we consider it is necessary to do so:
a) to stop or mitigate any security or integrity incident, threat or vulnerability, or problem or attack affecting our network, equipment, or services (including any network, equipment, or services provided to another customer)
b) because we reasonably suspect that you cannot, or are not required to, pay your invoices
c) to deal with behaviour which, in our reasonable opinion, amounts to misuse of the services; or
d) to comply with a legal obligation.
5.3. You accept that, from time to time, the services may be unavailable to you, while we carry out maintenance activity. We will try to keep any disruption to a minimum.
6. Description of Services
For each package of web hosting and related services that Lingsites makes available to its customers, Lingsites has prepared and published a specification (each a “Service Description”). The Service Descriptions are available on https://lingsites.com/ (the “Site”).
b) Changes to Services.
Lingsites may modify its services and the corresponding Service Descriptions from time to time. Please refer to the Site for the most current Service Descriptions. Lingsites may also send an email notice of the change to its affected customers.
6.2. Hosting Services.
a) Any Service identified as “Hosting” in its Service Description is a Hosting Service.
b) Hosting Environment.
c) Lingsites shall:
(i) maintain and operate the hardware used to host your website(s) (including monitoring the servers used on 24/7 basis); and
(ii) use commercially reasonable efforts to maintain reasonable temperature and humidity levels, fire suppression controls, power conditioning equipment and uninterruptible power supplies for the proper ongoing operation of Lingsites’ hosting hardware.
d) SSD storage. Lingsites shall provide SSD storage for your website(s).
e) Internet. Lingsites shall provide an Internet connection linking your hosted website(s) to the Internet.
f) Remote Access.
You will be given remote access to upload files for your hosted website(s) provided that you do so in a manner consistent with the T&C.
When Lingsites hosts a website on your behalf, Lingsites will route one or more domain names to that website. The exact number of domain names that Lingsites will route on your behalf will depend on the Hosting Service to which you subscribe. Check the applicable Service Description for more information.
You acknowledge that unless you subscribe to a Hosting Service that expressly includes the independent backup of Your Content (as defined below) as a service, Lingsites’ backup activities are primarily for Lingsites’ own disaster recovery purposes, and that you are responsible for the storage, backup and archiving of your content. Also note, Hosting Services include access to one or more tools via your Control Panel that allow you to back up Your Content. Please use these tools and backup Your Content frequently. Lingsites Automated Website Backup is an optional service available for an additional fee or which may be included for no charge in some Hosting Services that will automatically backup Your Content on an ongoing basis for your convenience. Please note that this service is provided as-is and without warranty in respect to performance. If you are using this service it is still your responsibility to review your backups from time to time to ensure all of your data is backed up correctly and to notify us of any concerns you have.
i) Availability. A Hosting Service is “Available” if the: (a) the hardware being used to provide it is operating; and (b) the Internet connection provided as part of the Hosting Service is operational.
j) Cooperation. You acknowledge that it is important to coordinate your maintenance activities with those of Lingsites, and you will not conduct any maintenance activities on Your Content during any Maintenance Window without first obtaining written confirmation that Lingsites will not be performing any maintenance activities during that Maintenance Window.
k) Free Domain Name. If the cost of registering or renewing a single domain name for one year is included in the annual Fees that you are being charged for a Hosting Service (see the applicable Service Description to find out if it is included and the eligible types of domain names) and the domain name that you wish to register or renew for use with the website being hosted is both an eligible type of domain name and available, Lingsites will register or renew (as applicable) the domain name for you. If Lingsites does so and you continue to subscribe to such Hosting Services for a period of at least 12 months, Lingsites will not charge you its then-current fee for registering or renewing a domain name (as applicable). However, if the hosting services are terminated less than 12 months after registering or renewing the domain name or you attempt to transfer the domain name during that 12-month period, Lingsites will charge you and you are required to pay Lingsites then current fee for registering or renewing a domain name (as applicable).
6.3. Domain Names Registration Services.
a) Assistance with Registering Only.
Lingsites may assist you to register one or more top-level or second-level domain names (the “Domain Name Registration Service”). For each such domain name registered Lingsites’ involvement ends with the registration. You will be the registrant, administrative contact and technical contact, and you agree to be bound by all applicable terms and conditions published by the applicable registrar (http://www.opensrs.com/docs/contracts/exhibita.htm; http://promopeople.com/terms-of-service.html; https://www.internetx.com/en/legal/terms-and-conditions/; https://www.eurodns.com/registries-policies). Please note: you are also bound by ICANN’s rights and responsibilities: http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities
b) Maintenance of Domain Names.
You are responsible for the ongoing maintenance, control and use of any domain name registered in your name and for any fees or taxes associated with its maintenance. To maintain your domain name registration, you will need to interact directly with the applicable registrar. For greater clarity, you are responsible for:
(i) Renewing the registration and ensuring that it does not lapse; and
(ii) Addressing any issues relating to your domain name. Lingsites is not responsible for doing so.
c) Please note that:
(i) Lingsites is not able to guarantee that a proposed domain name is available for registration or that a registrar will register it.
(ii) Lingsites will not assist with the registration on your behalf of a proposed domain name in any top-level or second-level domain unless expressly directed by you to do so; and
(iii) Lingsites may but is not obligated to inform you of any proposed or new top-level or second-level domains.
d) Privacy Registration Service.
Some registrars allow domain names to be registered without publishing the registrant’s name and contact information others do not. If you wish to take advantage of any such privacy service for a domain name and you are using the Domain Name Registration Service to register the domain name, you are responsible for informing Lingsites in writing prior to the registration of the domain name that you wish to take advantage of the registrar’s privacy service. You acknowledge that the privacy service is provided by the applicable registrar, not Lingsites.
e) As is.
Assistance with registering domain names and securing related privacy services is provided “as is” and without any warranties, representations, or conditions whatsoever.
f) Domain Redemption Fee
If your domain was registered with Lingsites and has expired, but you wish to recover the domain, Lingsites may be able to recover the domain if it is still within the redemption period. To recover a domain name that has expired but which is still within the redemption period, Lingsites must pay a redemption fee, which in turn will be passed on to you the customer. Please note that this domain redemption fee does not include the registration price of the domain that will still need to be paid to register the domain for the next year. If the domain name is not renewed or acquired during the redemption period, it will be made available again to the general public after the redemption period completes. Only domains that have been registered with Lingsites can be re-registered after expiration of the domain. If the domain that has expired was registered at another company, you will need to contact that registrar to recover the domain from the redemption period.
6.4. Additional Services.
Any additional services related to the Hosting Services or Domain Name Registration Services that are requested by you and that Lingsites in its sole discretion provides (“Additional Services”) are deemed to be Services provided pursuant to these T&C, and they will be provided at Lingsites’ then-current rates.
6.5. Hosting and Website Subscription Plans have their own Terms and Conditions document, available at link the TC.
7. Technical support
7.1. You must notify our support team promptly of any fault or suspected fault with your services. If you can, please contact us by email. Posting on social media does not constitute notice.
7.2. Unless agreed otherwise, we will provide you with technical support during the hours set out on our website. Our support covers the services which we have sold to you. We do not provide technical support in respect of any software which you install on our services.
7.3. You must promptly provide all reasonable assistance to our staff when they are attempting to diagnose or fix problems.
8. Data Protection
8.1. References in this clause 8 to a Regulation are to regulation 2016/679/EC, also known as the “GDPR”, for as long as the GDPR applies to our Processing of Personal Data. If the GDPR ceases to apply to our Processing of Personal data, references to a Regulation are to the Applied GDPR. References to the “Applied GDPR” are to the GDPR as amended by the UK’s Data Protection Act 2018.
8.2. References to an Article are to an Article of the Regulation and capitalised terms in this clause 8 have the meaning defined by the Regulation unless otherwise defined in the Agreement.
8.3. “Data Protection Laws and Regulations” means all applicable data protection and privacy legislation including the Regulation and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (in each case, as amended, updated or re-enacted from time to time). In the event of any inconsistency between the Data Protection Laws and Regulations, the strictest provision shall prevail.
8.4. If, in respect of any Personal Data set out in Schedule 1 or otherwise agreed between us, you are a Controller, and we Process the Personal Data as your Processor, this clause 8 and the provisions of Schedule 1 shall apply in respect of such Processing.
8.5. Schedule 1 sets out the subject-matter and duration of the Processing, the nature and purpose of the Processing, the type of Personal Data and categories of Data Subjects. You must notify us promptly if you become aware that the information in Schedule 1 is incomplete or inaccurate, and you must provide with that notification the necessary updated information.
8.6. You must, for the duration of the Processing, comply with your obligations under Data Protection Laws and Regulations. Without limiting the generality of this, you must, in particular:
a) have a lawful basis for the Processing, and ensure that you are entitled to provide the Personal Data to us for Processing, and you must notify us promptly if either of these ceases to be true;
b) notify your Data Subjects of the Processing, to the standard required by Data Protection Laws and Regulations;
c) ensure that all Personal Data you provide to us shall be accurate and up to date, and you must make promptly any amendments necessary to ensure that the Personal Data remain accurate and up to date.
8.7. We will:
a) Process Personal Data in accordance with all applicable Data Protection Laws and Regulations;
b) Process the Personal Data within either or both the UK and the European Economic Area and only on documented instructions from you, including with regard to transfers of Personal Data to a third country or an international organisation;
c) unless prohibited by law, notify you before Processing the Personal Data, if we are required to act other than in accordance with your instructions by:
i. if the GDPR applies to the Processing, any law of the European Union or the law of one of the Member States of the European Union; and
ii. if the Applied GDPR applies to the Processing, any law in the United Kingdom.
d) obtain your prior written authorisation before engaging another Processor (a “Sub-processor”) and we will respect the conditions referred to in paragraphs 2 and 4 of Article 28 for any such engagement. We will be liable for the acts and omissions of our Sub-processors, and we will ensure that the Sub-processor contract (as it relates to the Processing of Personal Data) is on terms which are substantially the same as, and in any case no less onerous than, the terms set out in this clause 10. You hereby authorise us to appoint as Sub-processors those companies listed as sub-processors in Schedule 1.
e) treat the Personal Data as your confidential Information;
f) take all measures required pursuant to Article 32;
g) taking into account the nature of the Processing, assist you by appropriate technical and organisational measures, insofar as this is reasonably possible, for the fulfilment of your obligation to respond to requests for exercising the Data Subject’s rights laid down in Chapter III of the Regulation;
h) provide reasonable assistance to you, at your cost, on your written request, in ensuring compliance with your obligations pursuant to Articles 32 to 36, taking into account the nature of Processing and the information available to us;
i) at your choice, delete or return all the Personal Data to you after the end of the provision of the services relating to the Processing, and delete existing copies. If we make available to you tools which enable you to download your Personal Data, we will only be required to assist where those tools are unable to meet your reasonable needs. We are not required to delete Personal Data if we are required to continue store those Personal Data by:
i. if the GDPR applies to the Processing, any law of the European Union or the law of one of the Member States of the European Union; and
ii. if the Applied GDPR applies to the Processing, any law in the United Kingdom.
j) at your cost, allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you. Any audit or inspection shall be carried out on reasonable notice and avoid causing damage, injury or disruption to our premises, equipment, personnel or business;
k) at your cost, provide reasonable assistance to you with any data impact assessments; and
l) in the event of a Personal Data Breach notify you without undue delay.
Transfer of Personal Data outside the EEA
8.8. We will not transfer (within the meaning of Chapter V of the Regulation) Personal Data to recipients (including Sub-processors) in jurisdictions outside of the European Economic Area unless you provide your written consent.
9.1. Intellectual Property.
No intellectual property rights are transferred by Lingsites to you by these T&C.
9.2. Your Content.
“Your Content” means all materials, information, data or code that you upload, store, transmit, receive or process in connection with the Services. You hereby grant to Lingsites and its directors, officers, employees, agents, consultants or subcontractors the right to use, reproduce, transmit and delete (as applicable) Your Content in such manner as may be necessary to enable Lingsites to perform the Services and otherwise exercise any right or perform any obligations under this Agreement.
9.3. Monitoring Your Content.
Although Lingsites is not obligated to monitor content and assumes no responsibility for Your Content or the content of its other customers, Lingsites reserves the right, subject to all applicable laws, to investigate Your Content and may block access to, refuse to host, or remove any information or material that it deems to be in breach of section 10.1.
10. Acceptable Use
10.1. Unacceptable Use.
Unacceptable use refers to any unlawful, illegal or inappropriate use as set out in this section 10. You may not use the Services or Lingsites technology infrastructure in any manner that constitutes an unacceptable use. Unlawful or illegal use is the creation, collection, transmission, storage or exchange of any material in violation of any applicable law or regulation. Inappropriate use includes any use or behaviour that may: (i) jeopardize Lingsites’ products, services, technology infrastructure or ability to operate; or (ii) expose Lingsites to civil liability. Unlawful, illegal or inappropriate use includes use of the Services to:
a) possess, store, view, download, transmit, distribute (by any peer-to-peer service or otherwise) or traffic any materials that:
i. include child pornography;
ii. promote, sell or otherwise disseminate adult related material, pornography or other erotic material that contains nudity or other content determined at our sole discretion as adult-related regardless of merit, including but not limited to adult thumbnail galleries and banner exchanges;
iii. infringe any person’s copyright or other intellectual property right (including unlicensed or improperly licensed applications, music, games or other materials);
iv. wilfully promote hatred against or defame any identifiable individual, group or other organization; including but not limited to promoting hate, violence, or intolerance based on race, age, gender identity, ethnicity, religion, or sexual orientation.
v. promote or advocate human trafficking in any way as determined at our sole discretion;
vi. promote prostitution or escort services;
vii. promote gambling, casinos, gaming, sports betting, daily fantasy sports, lottery or chain letters regardless of content or origin and regardless of your citizenship or the legality of such activities within your country or jurisdiction;
viii. promote or sell illegal drugs or drug paraphernalia;
ix. advertise, advocate or operate get rich quick schemes or any high-yield interest programs (HYIP), ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs or related sites;
x. can be used for attacking computer systems, networks or internet users and defacing websites, including but not limited to IP scanners, bruteforce programs, spam scripts, executables, mail bombers or other tools or applications;
xi. include any form of malware;
xii. impersonate or falsely state or otherwise misrepresent your identity or affiliation with any person or entity;
xiii. wilfully bypass or subvert the physical, logical or procedural safeguards such as firewalls, web-filtering software or other access controls used by anyone to gain unauthorized access to anyone’s technology infrastructure or distributing computer programs designed to assist in doing so;
xiv. operate file dumps / mirror scripts (similar to rapidshare), anonymous or bulk SMS Gateways or fraudulent sites including but not limited to sites listed at aa419.org and escrow-fraud.com;
xv. broadcast or stream live sporting events including but not limited to UFC, NASCAR, FIFA, NFL, NHL, MLB, WWE or television;
xvi. operate cryptocurrency / bitcoin miners; or
xvii. undertake any act in violation of any applicable local, provincial, state, national or international law or regulation including any laws relating to the export of data or software, or the protection of human rights; and
b) unacceptable uses of the Services or Lingsites’ technology infrastructure may also include but are not limited to hosting materials or performing activities such as: unsolicited mailings, newsgroup spamming, hosting topsites for the purpose of distributing, storing or archiving warez releases, copyrighted MP3, illegal content, copyright infringement, trademark infringement, cracks, software serial numbers, and running of any scripts, executables, or other programs or processes that can in any way adversely affect the performance of Lingsites’ technology infrastructure. Lingsites will be the sole and final arbiter as to what constitutes a violation of this policy.
10.2. Disruptive Uses.
You may not use the Services or Lingsites’ technology infrastructure in any manner that interferes with or disrupts Lingsites’ other customers. When any of the following events occurs in relation to any hosted web site, it is a disruptive use, a breach of these T&C and Lingsites may exercise its rights under section 10.6 including suspending Services:
a) generating a daily, weekly or monthly volume of network traffic that is excessive in relation to amount of network traffic typically generated by Lingsites’ other clients who have purchased similar hosting services;
b) generating spikes in network traffic usage that are out of proportion (in volume or frequency) to those typically generated by Lingsites’ other clients who have purchased similar hosting services;
c) on a daily, weekly or monthly basis, consuming CPU or other processing resources in a manner that is excessive in relation to amount of network traffic typically generated by Lingsites’ other clients who have purchased similar hosting services;
d) even if they do not come within (a), (b) or (c) above, running peer-to-peer applications, peer-to-peer file sharing, proxy servers, bit torrent, online gaming servers, proxy server network, interactive relay chat (IRC), interactive chat applications, membership or community sites, file sharing, video sharing, photo sharing or other resource intensive services or applications.
e) using SSD storage to store materials unrelated to or unnecessary for the operation of the web site for which the Hosting Services were purchased (for example, using SSD storage for data warehousing, email storage, backups of emails accounts, backups of all or part of any computing, telecommunications or mobile device or other forms of mass data storage); or
f) the sending of any commercial electronic messages promoting the web site or otherwise directing attention to the web site to any recipient without the recipient’s consent
g) No “Spam”: UCE/UBE or “spam” originating from a server located on our network or associated with a Lingsites server is not tolerated. This includes any email that promotes websites hosted on a server located on the Lingsites network, but which is sent from an email address not associated with a Lingsites account.
10.3. Music, Image and Video Files.
Responding to and addressing copyright complaints is a time-consuming process. From time to time, Lingsites scans its servers looking for MP3, MP4 and other file formats commonly used for music, images or video. If such files are detected amongst Your Content, Lingsites may ask you to demonstrate that they are:
a) owned or properly licensed by you; and
b) if licensed, not being used in a manner that is inconsistent with that license. If you fail to do so for any file or, in the alternative, remove the file from Lingsites’ servers, it is a breach of this section 10.3 and Lingsites may exercise its rights under these T&C including section 10.6 and section 9.3.
If you become aware that any person has committed, is likely to have committed or is likely to commit any act described in section 10.1, you will promptly report it to the help desk from which you receive technical support.
Lingsites reserves the right to investigate suspected breaches of this section 6, and you agree to cooperate with Lingsites when asked to assist in any such investigation.
If you breach this section 10, it is probable (in Lingsites’ sole discretion) that you have breached or it is likely that you will breach this section 10 (also in Lingsites’ sole discretion), Lingsites in its sole discretion may suspend or revoke your access to the Services or Lingsites’ technology infrastructure. Breaches of this section 10 may also result in you incurring criminal prosecution or civil liability.
10.7. Other Breaches.
Lingsites assumes no liability for enforcing or not enforcing the provisions in its other service agreements relating to acceptable use.
11.1. We publish current prices on our web site. Our prices include VAT unless otherwise stated.
11.2. We’re only human and, sometimes, we make mistakes. We are not bound by any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information, and we can correct any error without any liability.
12. Payments and invoicing
12.1. You must pay for our services in advance. You also agree to pay any other sums due under this agreement.
12.2. You agree not to cancel, reverse, revoke, or do anything similar to, any payment you make to us. If any payment you make is cancelled, reversed, revoked, or similar, that payment shall be deemed as having never been made to us.
13. Service plan expiry and renewal
13.1. Your service plan, and this agreement, expire automatically at the end of the service period.
13.2. Clauses 13.3 to 13.9 set out how you can renew your service plan for another service period. We are not obliged to accept any request or instruction from you for renewal.
13.3. If you contact us within 90 days of the expiry of your service period, we may permit you to renew your service plan, provided that you pay us in full in respect of all missed service periods. (For example, if your service plan expires at the end of January, and you do not renew it immediately or automatically, and you contact us at the beginning of April, we may agree to renew your service plan provided that you pay us at that point for February, March, and April.)
13.4. By default, your service plan is set to renew automatically. This means that, on expiry of your service period, this agreement will renew for another service period, equivalent in length to the just-expired service period.
13.5. You can disable auto-renewal at any time before your service period expires.
13.6. If you want your service plan to renew automatically, you must meet any conditions which we set out from time to time.
13.7. If you store a credit or debit card with us and have allocated that card to your service plan, we will attempt to charge that card to renew your service plan automatically. You are responsible for ensuring that the card details are valid and up to date, and you must have the permission of the card holder to store the card with us and for us to charge it.
13.8. If you do not set your service plan to renew automatically, we will try to send you renewal reminders before the expiry of your current service period.
13.9. If you want to renew your service plan for another service period, without any loss of service, we must receive your payment for the renewed service period on or before the expiry of your current service period. Otherwise, this agreement, and your service plan, will expire, and the services will no longer be available.
This Agreement shall be effective as of the date on which you order your first Service and shall continue until terminated in accordance with the terms and conditions set out in section 14 of this Agreement (the “Term”).
15. Suspension and Termination
If you breach any of these T&C, Lingsites may, in its sole discretion, restrict or suspend the Services, without prior notice to you and without an opportunity to cure the breach. If you are given an opportunity to and you cure the breach or you demonstrate to Lingsites satisfaction that you have taken steps to prevent future breaches of the T&C, Lingsites will lift the restriction or suspension. Lingsites will give you notice of any suspension or restriction. Whether or not a restriction affects your access to Your Content is in Lingsites’ sole discretion. Please note that fees will be charged during the period of any suspension or restriction of services.
15.2. By You.
You may terminate any Service at any time by using the web-based tool that Lingsites provides to you to manage your account to terminate the Service. Please note: Subject to section 12, any amounts paid in advance for Services will not be refunded.
15.3. By Lingsites.
Lingsites may terminate any Service by giving you at least 30 days written notice of the termination date. Lingsites may terminate this Agreement immediately and without prior notice to you:
a) if you breach section 10 (Acceptable Use);
b) if you breach section 12 (Payment) and do not cure that breach within 10 days of the breach; or
c) if you breach any other section of these T&C and do not cure that breach within 15 days.
Those sections of this Agreement which by their nature should survive the termination or expiration of this Agreement will remain in full force and effect following the expiration or termination of this Agreement.
Services purchased for a set period (for example, three years) will be automatically renewed upon the expiry of that period unless you give Lingsites written notice of your intention to terminate them at least 30 days prior to the expiry of that period. They will be renewed at Lingsites’ then current rates for such Services.
16. Limitations of Liability
In no event shall the total cumulative liability of Lingsites (including its representatives and suppliers) to you, the client, for any claims arising out of or relating to this agreement, exceed the amount paid by you, the client, during the 12-month period preceding the date on which you, the client, make your first claim for damages.
16.2. Indirect Damages.
Lingsites (including its representatives and suppliers) shall not be liable to you, the client, or your end users in any way whatsoever, for any indirect, punitive, incidental, special or consequential damages, including but not limited to, loss of data, revenue or profit resulting from or arising in connection with this agreement or the provision or use of the hosting services. This limitation shall apply whether or not such damages are foreseeable, or whether Lingsites has been advised of the possibility of such damages.
16.3. Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to the T&C does not permit any such exclusion or limitation, Lingsites’ total liability to you in connection with any incidental, special or consequential damages will be limited by section 16.1.
16.4. Allocation of Risk.
You (the Client) and Lingsites understand and agree that, to the extent permitted by applicable law, the foregoing exclusions and limitations of liability represent the parties’ agreement as to allocation of risk between them in connection with their respective obligations under this Agreement. The fees payable to Lingsites reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability set forth in this Agreement.
17.1. You agree to indemnify and hold Lingsites and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to Your Content, your use of the Services or any wilful misconduct on your part.
18.1. Entire Agreement.
These T&C and all documents incorporated herein by reference constitute the complete agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous discussions, negotiations, understandings, and agreements, written or oral, regarding such subject matter.
Should any provision of this Agreement be held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.
No waiver of any part of this Agreement will be deemed to be a waiver of any other provision. No term of this Agreement will be deemed to be waived by reason of any previous failure to enforce it. No term of this Agreement may be waived except in a writing signed by the party waiving enforcement.
The headings used in the Terms are for convenience of reference only. No provision of the Terms will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout the T&C, the term “including” or the phrases “e.g.,” or “for example” have been used to mean “including, without limitation”.
Any notice or other significant communication given to you pursuant to the Terms will be in writing, addressed to any email address or address that you provided to Lingsites when acquiring your first Service (as promptly updated by you to keep it true and current) and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to Lingsites pursuant to the T&C will be in writing and sent to Lingsites at the address then listed on the Site in the Contact Us section by fax or nationally recognized courier. Notices will be deemed to have been received one business days following: (i) email transmission by Lingsites to you; (ii) deposit with a globally recognized overnight delivery service, all delivery charges pre-paid; or (iii) transmission if sent by facsimile and receipt confirmed by the facsimile machine used.
20.1. Governing Law.
This Agreement will be governed by the laws of England.
20.2. Independent Contractors.
The relationship between the parties is that of independent contractors, and not that of partnership, joint venture, employment, franchise, or agency. Neither party may incur any obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.
20.3. Force Majeure.
Neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control that could not have been avoided by the exercise of reasonable foresight provided that such party gives the other party prompt notice of such cause and uses reasonable commercial efforts to correct such failure or delay in performance.
21.1. Lingsites may change the T&C from time to time and at any time. When Lingsites changes the T&C, Lingsites will:
a) post the updated version of the T&C on the Site together with the date on which it was revised; and
b) on home page for the Site for at least 30 days following any change to the T&C post a notice that the T&C have been updated.
21.2. As well, Lingsites may, but is not obliged to, ask you to actively confirm your consent to the revised T&C. If Lingsites does not do so, but you continue to use the Services or Site after the changes come into effect, you will be deemed to have agreed to abide by the revised T&C. If you do not agree with the revised T&C without qualification, terminate any existing Services that you are receiving from Lingsites and instruct Lingsites to disable any password for the Site assigned to you.
21.3. Lingsites reserves the right, in its sole discretion, to change or modify the Site from time to time including but not limited adding or removing functionality or features or changing its name.
22. Contact information
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
170 Park Lane, Whitefield
Manchester, England, M45 7PX
Data processing information
Subject matter and duration of the Processing of your Personal Data
Subject matter: Personal Data which you, or your users or customers, upload to or send via our services.
Duration: the duration of your service period.
The nature and purpose of the Processing of your Personal Data
To provide our services to you, and, if your Service plan is a Reseller plan, to enable you to provide your services to your customers.
The types of Personal Data to be Processed
As determined by you or your users or customers.
The categories of Data Subject to whom the Personal Data relates
As determined by you or your users or customers.