General
The information contained in this website is for general information purposes only. The information is provided by Cube Websites and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Cube Websites. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Cube Websites takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use and sale, which together with our privacy policy govern Cube Websites's relationship with you in relation to this website.
The term Cube Websites or "us" or "we" refers to the owner of the website. The term "you" refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
The purchase or attempted purchase of any Cube Websites item from this website or from any third-party website (such as eBay.co.uk or other auction sites) is subject to the following terms of sale:
Application
These terms govern the sale by Cube Websites to you of products or services for which you place an order that is accepted by Cube Websites. We reserve the right to refuse service without explanation. Your placing of an order and or acceptance of the products shall be deemed to constitute acceptance of these terms.
Orders
All orders placed by you are subject to acceptance by Cube Websites. Cube Websites reserves the right to revise prices, limit quantities, correct errors and refuse order at its discretion including, without limitation, orders from distributors, dealers and warehouse stores.
If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the prices published on the website is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price.
Except as may otherwise be permitted by applicable law, you may not cancel an order which Cube Websites has accepted without the agreement in writing of Cube Websites, which requirement may be waived by Cube Websites from time to time in its sole discretion.
Delivery
Cube Websites shall use reasonable endeavours to deliver the products and services (including electronic delivery) within the timescale stated at the time of placing your order.
In any case, Cube Websites shall not be liable for any cost or damage caused by late or non-delivery of the products or services. Any delay in delivery of the products or services shall not give you a right to reject any such delivery or cancel any applicable order. Cube Websites reserves the right to deliver the products and services in instalments.
Payment
You must pay for the full cost of products and or services at the time you place your order. Cube Websites reserves the right, by giving you notice at the time you place you order, to increase the price of the products and or services to reflect any increase in the cost to Cube Websites which is due to any factor beyond its control.
Websites
All complete websites purchased from Cube Websites will be free from defects in material, crafting and workmanship on the date of electronic delivery. Cube Websites shall be under no liability in respect of any defect arising from:
- any malicious script, virus or the use of any other software;
- any successful or unsuccessful hacking attempt;
- any other attempt successful or otherwise to access your website;
- any downtime caused by server or hosting disruption;
- any loss of or damaged caused to any data held within your website or databases;
- any negligence in relation to user-error;
- any negligence in relation to user security;
This list is not exhaustive and Cube Websites reserve the right to treat and assess any claims on an individual basis, in accordance with our own policies.
Ownership
Once your website is completed and fully paid for, ownership of the design becomes your own. We still reserve the right to use these designs for other projects and websites.
Deposit and Payment
Once we have received your deposit payment we will begin work on your site. If you decide to cancel/withdraw we reserve the right to refuse refund of your deposit.
If payment is not received in full within the stated time scale, ownership of the design will remain with us. The site design will not become yours until full payment is received, and your site will not be uploaded. We may use this design for other projects without your consent.
Our Obligation
Unless you purchase a maintenance package, Cube Websites will no longer be under any obligation to you once we have received full payment from you and the website design is under your ownership.
Defects and Technical Errors
Cube Websites shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage (including hacking and cracking), negligence (including accidental damage), abnormal working conditions or misuse (including breach of reasonable acceptable use policies).
Web Hosting
Cube Websites reserves the right to refuse service and or access to its servers to anyone. Cube Websites does not allow any of the following content to be stored on its servers:
- Adult material - including all pornography, erotic images, or otherwise lewd content.
- Excessive download content or non-linked content.
- Live or streaming material.
- Live media feeds.
- Music, other than that to which the copyright or licence is held by you.
- Software, other than that to which the copyright or licence is held by you.
- Promotion of material concerning hacking, cracking, password databases and similar.
- Any illegal content, including content that Cube Websites may view as content likely to incite criminality.
- Any material that constitutes hatred towards anybody or organisation.
Material that may be deemed defamatory and or slanderous or material that in the opinion of Cube Websites, is likely to create accusations of this nature is strictly prohibited.
Any content or material found on our servers in breach of the above statements will be immediately deleted and if necessary copied to law enforcement agencies.
Refusal of service based on content matching any of the above criteria is entirely at the discretion of Cube Websites.
Cube Websites reserves the right to move your data to a different server with no previous notice.
Hosting Support
We will endeavour to provide a continuous high quality service. If you experience problems with your service, you should consult our support website.
Hosting Maintenance & Downtime
Please note that we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime is available on our support website.
We may also require suspension to some or all of our services for unscheduled periods to carry out emergency maintenance or repair to our services. We may also need to implement immediate suspension to some or all of our services in the event of a breach of server security or an attempt to breach the servers security. These periods of downtime are, thankfully, rare and such measures are taken to protect the valuable data and integrity of our customers accounts.
If we can't fulfil a service level agreement, any applicable compensation will be limited to the total fees that you have prepaid, excluding setup fees. You 'the customer' agree that Cube Websites will refund no more than your monthly service fee.
In any event Cube Websites is under no liability in respect of these periods of downtime and such downtime periods do NOT fall within the scope of any associated uptime promise or guarantee.
Hosting Fair Use Policy
High bandwidth usage: Cube Websites offers both unlimited and limited usage policies. In rare cases, Cube Websites may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Cube Websites reserves the right to impose immediate restrictions on offending accounts up to and including suspension of service.
Hosting Database Use Policy
If you exceed any stated or imposed limits on our database products (MS SQL, MySQL etc.) then we will automatically charge you for the additional space you use at our current prices.
High Resources Use Policy
Resources are defined as bandwidth, processor utilization or disk space.
Cube Websites may implement the following policy to its sole discretion:
When a website is found to be monopolising the resources available Cube Websites reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent misuse of our servers. Customers may be offered an option whereby Cube Websites continues hosting the offending website or account for an additional fee.
Cancellation and Refunds
Cube Websites reserves the right to cancel the service at any time. In this event customer will be entitled to a pro-rata refund based upon the remaining period of membership. If a customer contravenes Cube Websites's terms of service a refund will not be issued in the event of a cancellation.
Customers may cancel their account at any time by emailing Cube Websites. Any incentives offered to customers who choose to cancel their service will be withdrawn and or cancelled.
Fees charged on a pre-pay basis are non-refundable.
Chargebacks
Any customer withdrawing payments via bank or credit card (a 'chargeback') may be subject to a punitive fee of £50, should Cube Websites deem this chargeback to be unfair. We also reserve the right to defend such chargebacks and recover the original monies from the card issuer.
Indemnification
Indemnification
You 'the customer' agree that you shall defend, indemnify, save and hold Cube Websites and it's owners harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Cube Websites, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. You 'the customer' agree to defend, indemnify and hold harmless Cube Websites against liabilities arsing out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Cube Websites and its server(s); (2) any material supplied by you 'the customer' infringing ot allegedly infringing on the proprietary rights of a thrid party; (3) copyright infringment and (4) and defective products sold to the customer from the Cube Websites server(s).
Disclaimer
Cube Websites will not be responsible for any damages your business may suffer. Cube Websites makes no warranties of any kind, expressed or implied for services we provide. Cube Websites does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Cube Websites cannot guarantee to be able to replace lost data. Cube Websites 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 interruption caused by Cube Websites and its employees.
Cube Websites shall not be liable for any loss of income or profits or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by the negligence of Cube Websites, its breach or non-performance or any of its obligations under these Terms or otherwise. These Terms set out the full extent of Cube Websites's obligations and liabilities in respect of the sale of the products and services. In particular there are no conditions, warranties or other terms, expressed or implied, as to satisfactory quality, fitness for a particular purpose or of any other kind whatsoever, that are binding on Cube Websites except as specifically stated in these Terms. Any condition, warranty or other term concerning the sale of the products or services, which might otherwise be implied into or incorporated within these Terms, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
Cube Websites may and without notice transfer its rights, responsibilities and obligations under these terms, under any service plan and under law (where lawful to do so) to any third party.
Cube Websites reserves the right to revise its policies at any time.
Any dispute arising out of any purchase from this website or third-party website from which Cube Websites trades (such as auctions sites) is subject to the laws of England and Wales.
PLEASE NOTE: By signing up to any of our services or products, or by making or attempting to make a purchase of any of our services or products you agree to be bound by all of Cube Websites's terms and conditions.
