Domain Name Registration and Website Hosting
The following terms and conditions (“Conditions”) apply to all domain name and website hosting services offered by Dreamscape Design. By ordering any of these services from Dreamscape Design Ltd and by logging into your account or updating files you are deemed to have accepted these terms and conditions:

1.    Definitions
In these Conditions, the following expressions will have the following meanings, unless inconsistent with the context:

"Agreement"   
the agreement between Dreamscape Design and the Customer for the provision of Services formed by these Conditions and the Order Confirmation(s),

"Associated Company"   
in respect of either party, a subsidiary or holding company of that party or any subsidiary of such holding company and the terms "subsidiary" and "holding company" will have the meanings given to them by sections 736 and 736A Companies Act 1985,

"Business Day"   
a day which is not a Saturday or Sunday or public or bank holiday in England and Wales,

"Business Hours"           
9am to 5:30pm on each Business Day,

"Customer"               
as identified on the Order Confirmation(s),

"Customer System"   
the Customer's computer system upon which the Software is loaded or otherwise in connection with which the Services are provided,

"Domain Services"   
those domain registration and other related services (if any) provided to the Customer by Dreamscape Design, pursuant to the Agreement, as described on a relevant Order Confirmation,

"Equipment"   
any hardware, cabling and/or other equipment provided to the Customer by Dreamscape Design in connection with the Agreement,

"Fees"   
the charges due to Dreamscape Design under the Agreement in relation to the Services, as set out on the Order Confirmation(s),

"Dreamscape Design"   
Dreamscape Design, registered in England and Wales (Company No. 06040877), whose registered office is at 4 Barling Way, Nuneaton, Warwickshire, CV10 7RH,

"Order Confirmation"   
the order confirmation form(s) submitted by Dreamscape Design to the Customer by email or otherwise in writing for the provision of the Services, in response to the Customer's order or request,

"Services"   
the development, implementation, consultancy, hosting and other services (if any) provided to the Customer pursuant to the Agreement, as described on a relevant Order Confirmation, together with any Support Services and Domain Services,

"Software"   
any communications or other software provided to or made available to the Customer by Dreamscape Design in connection with the Agreement, but excluding Third Party Software,

"Support Services"   
those support and maintenance services provided to the Customer pursuant to the Agreement, as described on a relevant Order Confirmation,

"Support Hours"   
the hours during which Dreamscape Design will provide the Support Services, as set out on a relevant Order Confirmation,

"Third Party Software"   
any software identified as third party software (if any) to be provided to the Customer pursuant to the Agreement, as set out in a relevant Order Confirmation,

"Use the Software"   
to load the Software onto and store and run it on the Customer System and/or Equipment in accordance with the terms of the Agreement.

2.    Obligations on the Customer
2.1    Customers are prohibited from transmitting on or through any of Dreamscape Design's services, any material that is, in Dreamscape Design's sole discretion, unlawful, threatening, abusive, libellous, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation. The following are examples of activities that are not permitted:

i.)  illegal files,
ii.) pornography,
iii.) adult services,
iv.) escort services,
v.) private files,
vi.) MP3 files,
vii.) slander/libel,
viii.) promotion of violence or terrorism,
ix.) racial, social or political discrimination.

2.2    Dreamscape Design's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of UK regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Dreamscape Design reserves the right to remove such illegal material from its servers.

2.3    Customers may not engage in tortuous conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service provide by Dreamscape.

2.4    Customers must safeguard their username and password to prevent unauthorised access to the server.

2.5    Dreamscape Design does not guarantee that backups will be made of data stored on its servers. It is the responsibility of the Customer to ensure that important data is backed up at regular intervals.

3.    Payment Terms
3.1    The Fees are payable to Dreamscape Design subject to the following conditions:

3.1.1    fees payable monthly or yearly will be paid in advance and will not be refundable in whole or part if the Agreement or relevant part is terminated during the period to which the payment relates;

3.1.2    any set up fee will (unless stated to be included within later payments) be payable immediately;

3.1.3    additional Fees will become payable if the Customer exceeds agreed or stipulated bandwidth use levels. In the event that the Customer's monthly data allowance exceeds that specified in the service paid for, Dreamscape Design do not prevent any further data usage. Instead, Customers will be charged the standard rate of £2.00 per gigabyte of additional data used;

3.1.4    it is the responsibility of the Customer to maintain and monitor their own data usage and no notifications will be sent by Dreamscape Design in this regard. Customers should be advised that the current quoted rate is subject to change without notice;

3.1.5    any total sum for the fees set out in an Order Confirmation is (unless stated in the Order Confirmation to be a fixed and firm amount) an estimate of the fees only and not a fixed price quotation;

3.1.6    any sums payable by the Customer to Dreamscape Design under the Agreement are exclusive of value added tax or any similar taxes, levies or duties, which will be added to such sums and be payable by the Customer at the appropriate rate;

3.1.7    the Customer agrees to pay Dreamscape Design invoices within seven (7) days of invoice due date. If invoices are not settled in full by then, the Customer will without prejudice to its other rights and remedies (including the right to suspend the Services under clause 4.1.3) be liable to pay interest on any sum outstanding from the due date for payment at the annual rate of 8% above The Bank of England base rate accruing on a daily basis until payment is made whether before or after any judgment;

3.1.8    all sums payable to Dreamscape Design under the Agreement must be paid in full with no set off or deduction;

3.1.9    Dreamscape Design has a general and particular lien over the Customer System until all claims and money payable by the Customer to Dreamscape Design on any account whatsoever have been received in full clear funds. If the Customer fails to discharge any lien within a reasonable time from the date of notice of exercise then the Customer System may be sold in or towards satisfaction of that lien and Dreamscape Design will account to the Customer for any excess;

3.1.10    Dreamscape Design may make a search in relation to the Customer with a credit reference agency (and make other credit enquiries from time to time), keep a record of that search and enquiries, and share that information with third parties. Dreamscape Design may also make enquiries about the principle directors/proprietors of the Customer with a credit reference agency;

3.1.11    here the Customer authorises payment of any of the Fees by credit and or debit card then Dreamscape Design may deduct other amounts becoming payable to it under the Agreement from that credit or debit card without obtaining additional authorisation from the Customer.

3.1.12    Without prejudice to any other of its rights and remedies, Dreamscape Design will be entitled to remove the Customer's data from its Customer Systems and any Equipment and/or put the Equipment to any use other than the Customer's if any amount due under the Agreement is not paid within fourteen (14) days of its due date for payment. Dreamscape Design is not required to back up such data or return the same to the Customer prior to any such removal or following termination of the Agreement; and

3.1.13    Dreamscape Design will not refund to the Customer the cost of registering a domain name after the Customer has submitted a domain name application form provided that the domain name has been registered with the appropriate registrar. This is due to the bespoke nature of domain names.

4.    Termination and suspension of Services
4.1    Without prejudice to its other rights and remedies, Dreamscape Design may at its sole discretion suspend and/or terminate with immediate effect, (in the event of termination by giving written notice), the provision of the whole or any part of the Services (in the event of suspension of any part of the Services, temporarily or permanently) and will have no liability to provide the Services on the occurrence of any of the following events:

4.1.1    notified or unscheduled upgrade or maintenance of Dreamscape Design’s IT systems;

4.1.2    issue by any competent authority of an order which is binding on Dreamscape Design which affects the Services;

4.1.3    if the Customer, any owned Customer company(s), Customer Associated Companies or any other company of which the Customer is party to a contract between that company and Dreamscape Designs, fails to pay any Fees or any other sums under this Contract and/or under any other contract which the Customer may have entered in to with Dreamscape Design from time to time, which are owing to Dreamscape Design by the Customer when they fall due;

4.1.4    if an event occurs and Dreamscape Design deem it to be appropriate to terminate the Agreement;

4.1.5     if the bandwidth or computer memory used by the Customer in relation to the Services exceeds any agreed or stipulated level and Dreamscape Design  determines in its sole discretion that suspension is necessary to protect all and any internet solutions provided by Dreamscape Design  from time to time;

4.1.6     if the size of an email, mailing list or cron job used by the Customer exceeds any agreed or stipulated size, level or frequency and Dreamscape Design  determines in its sole discretion that suspension is necessary to protect all and any internet solutions provided by Dreamscape Design  from time to time;

4.1.7    failure or deficiencies in the Customer System referring but not limited to hardware, server corruption and security breaches; or

4.1.8    failure by the Customer to adhere to any of the provisions outlined in Dreamscape Design's acceptable usage policy.

4.2    Where Dreamscape Design suspends provision of the Services in accordance with clause 4.1.3, it will only be obliged to recommence provision of such Services during Business Hours and once the Customer has paid all relevant outstanding sums in clear funds together with any relevant reinstatement fee, as published from time to time by Dreamscape Design, and has accepted any revised payment terms requested by Dreamscape Design as a result of the suspension.

5.    Miscellaneous
5.1    Harassment via email, whether through language, frequency, or size of messages, is prohibited.

5.2    Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email.

5.3    Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.

5.4    Domain name registration is for a minimum of two (2) years. If a Customer wishes to terminate this service before two (2) years has expired, no refund will be available and the two (2) year fee must be paid in full.

5.5    Hosting fees are renewable annually. If a Customer wishes to cancel the service during this period, they will not be refunded.

5.6    There is a £23.00 charge if a domain name is to be transferred to another ISP in the initial two (2) year period. After this period, there will be no charge for transferring the domain name.

5.7    Dreamscape Design reserves the right to change, or amend these terms and conditions at any time, without prior notice. Dreamscape Design will however inform any Customers who may be affected by these changes.

5.8    Dreamscape Design reserves the right to move the Customer’s data to a different server with no previous notice.

5.9    If any term or provision of this Contract shall be held to be invalid, illegal or unenforceable, the remaining terms and provisions of this Contract not affected by such invalidity, illegality and unenforceability shall remain in force and effect and such invalid, illegal or unenforceable term or provision shall be deemed not to be part of this Contract.

6.    Indemnification
6.1    The Customer agrees that it shall defend, indemnify, save and hold Dreamscape Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Dreamscape Design, 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 Dreamscape Designs, its agents, employees or assigns.

6.2    The Customer agrees to defend, indemnify and hold harmless Dreamscape Design against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Dreamscape Design's server; (2) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement or (4) any defective products sold to the Customer from Dreamscape Design's server.

7.    Disclaimer
7.1    Dreamscape Design will not be responsible for any damages the Customer’s business may suffer. Dreamscape Design makes no warranties of any kind, expressed or implied for services we provide.

7.2    Dreamscape Design does not back up the Customer’s data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Dreamscape Design cannot guarantee to be able to replace lost data.

7.3    Dreamscape Design 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 Dreamscape Design and its employees.

7.4    Dreamscape Design reserves the right to revise its policies at any time.