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Merry Christmas

To celebrate the festive Christmas season, we are giving 5% off all orders, plus 5% more every 5 days!

Day 10 | 15% Discount | Code: 'XMAS1810D15'

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Unreal Designs Order Terms and Conditions

For website designs, graphic designs and other related services


Any references to "we", "us" and "our" refer to Unreal Designs.

All services provided by Unreal Designs may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United Kingdom laws or international treaties. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Unreal Designs from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to our servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:
pirated software
hacker programs or archives
Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE SUSPENDED IMMEDIATELY. FAILURE TO REMOVE THE OFFENDING CONTENT WILL RESULT IN YOUR ACCOUNT BEING TERMINATED - NO REFUNDS WILL APPLY. ADDITIONALLY, UNREAL DESIGNS WILL NOTIFY THE RELEVANT AUTHORITIES OF YOUR ACTIONS.


Websites


Multi-Site

All site designs are permitted to be used on one domain name, which must be logged with us at the time of purchase. This can be changed at any time by contacting us. If the design is found to be in us on any other domain name, without the correct license from us, charges can be incurred. The purchase of a multi-domain license is available.

Refunds

Site payments are one time and are refundable for 30 days, given proof of deletion of any design files given to you is given and that we are satisfied that they have been destroyed. We operate on a 50% upfront payment and 50% upon completion. If a refund is requested before or after first payment (completion), due to the work already done by our designers, we offer no refund. For a refund of a site that is completed, we require proof that the site has been in use for at least 10 days and that all files have been destroyed. Once we are satisfied, we can then give out an 80% refund of the original total design cost, this excludes any additional fees, and these will not be refunded.

Design Updates

If your site is externally hosted and an update for your site is sent to you, it is required that you must use the latest version. If you refuse, we reserve the right to incur a charge and we reserve the right to have your site taken down.

Branding & Reuse

Most of our designs will include some form of branding (usually "Unreal Designs" or "Crafted by Unreal"). Removal of this may, almost certainly, result in a penalty fee charged to you. As part of the branding, we may also serve unobtrusive ads relevant to the site content. These are included as part of the branding and can be removed by purchasing 'Branding Removal'. Unauthorized removal of these ads will result in the same charges as branding removal. We do not permit you to reuse or resell any design we produce for you. This includes copying and modifying of our design, or resale/reuse of any related design files sent to you. Many of our styles & designs will therefore be stored on our servers to limit the possibility of redistribution. We are not in any way obliged to supply the code direct to the client.


Graphics


Copyright

All graphical designs produced by us are under our copyright, therefor, you cannot claim direct copyright over any graphical production of ours for you. Any attempt to claim copyright over our work, or to use it in a beneficial way, harming our business may result in a penalty fee.

Refunds

Graphical payments are one time and are refundable for 30 days, given proof of deletion of any design files given to you is given and that we are satisfied that they have been destroyed. We operate on a 50% upfront payment and 50% upon completion. If a refund is requested before or after first payment (completion), due to the work already done by our designers, we offer no refund. For a refund of a graphic design that is completed, we require proof that all copies of the graphic and any related files have been destroyed. Once we are satisfied, we can then give out a 80% refund of the original total design cost, this excludes any additional fees, and these will not be refunded.

Branding & Reuse

Most of our designs will include some form of branding (usually "Unreal Designs" or "Crafted by Unreal"). Removal of this may, almost certainly, result in a penalty fee charged to you. We do not permit you to reuse or resell any design we produce for you. This includes copying and modifying of our design, or resale/reuse of any related design files sent to you.


Domains

Please be aware that by registering a .uk domain name, you are bound by Nominet's Terms and Conditions http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration

Domain Expiry

All domains are renewed on an annual basis, we will send out reminder emails in advance of their expiry. We will send the emails to the email address on the account, it is the your responsibility to make sure the contact details are up to date. We take no responsibility if your domain renewal fails due to your contact details being incorrect. If you do not wish to renew a domain please make sure you contact us a minimum of 14 days before your domain expires by emailing us at supportunreal-designs.co.uk or by raising a support ticket. Alternatively, you can set your domain to auto-renew, this can be managed through your client area. All domains will be billed in advance of expiry and renewed once payment is received. If you have set up an automatic payment, this will be done automatically.

If you do not renew your domain before its expiry date it will have all services we provide suspended and you will have up to 30 days (protected period) after to renew the domain name at the original renewal fee. After 30 days your domain will be suspended and will go into a 60 day grace period which you can still renew your domain name but with an additional redemption fee of £80. This must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar. We will not guarantee the renewal of a domain name.


Web Hosting


Bandwidth/Disk Space Usage

We operate an 'unlimited' service, meaning we do not actively limit your account on disk space or bandwidth. This unlimited service does not include the hosting costs. However, this is subject to fair use and any customer using an amount of monthly bandwidth or disk space deemed excessive in comparison to the average usage by other customers on our platform may, at our discretion, be advised to upgrade to a bespoke solution and billed accordingly.

We provision very large disks for our shared platforms, but no physical or virtual server can have an "unlimited" disk size due to limitations in both hardware and software. We will not let this hinder your usage, but it will mean that if you are operating a large account we may require that your account is moved to a server where it can be more easily accommodated without affecting other customers, or that your account is split over several shared servers. We would not charge for doing so and would always provide the information and tools necessary for you to operate your service. However, refusal to co-operate with an account move request will result in account suspension and/or termination as we must ultimately ensure platform stability and service delivery at all times. If a site is deemed as abandoned, seen as 4 weeks of low traffic to the site and little activity (verified by a human), we retain the right to shut down your site and refuse refund. In most circumstances a deal can be reached between you and us to allow the site to stay online, but we cannot guarantee this.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Unreal Designs is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Data Backups

We take backups of all data related to your hosting account. However, it is your responsibility to ensure that your own data is backed-up regularly to your own computer or another service via appropriate methods. We will not be held responsible or liable for any data that cannot be retrieved in the event of deletion, failed software installations, account termination, hardware failures and other events which may cause data loss.

Server Uptime Guarantee

We offer a 99.99% service uptime guarantee, which is based on a 12-month rolling average across our entire platform and multiple clouds. In the unlikely event that we fail to meet our obligations we will provide full and thorough explanations for any downtime.

Please note that from time to time, it will be necessary for us to perform essential maintenance or upgrades to our infrastructure. In the event of such planned maintenance, we will provide advance notice so you can make necessary arrangements to contact your customers or suspend any service monitoring you may have in place for the period of the planned outage. Where possible, such upgrades will be carried out overnight in the UK to minimise impact on customers. Downtime incurred as a result of planned and notified maintenance will not be included in our downtime statistics.

Failure to Pay

In the event that the hosting plan for a site is not paid, the site will be disabled and redirected to a notice page on our system. This will remain in place until the payment that is due has been completed The notice will then be automatically removed and the site re-enabled. Failure to pay the overdue payment within 5 days will result in the site being terminated completely. This will then begin a 30 day grace period in which a cost can be payed to reinstate the site. (See our charges list) After the final 30 day grace period the site will be removed from our system.

Cancellation and Refunds

If you no longer wish to continue with your hosting, please submit a cancellation at least 7 days before your services are due to be renewed. Your account will only be deemed as terminated once all outstanding balances have been paid in full. Domains will only be considered for transfer once all balances have been settled, we will charge you for transferring a domain(s) away to another registrar's tag. The customer acknowledges that, termination of the agreement for any reason will result in us ceasing to provide the applicable services, with the consequences that flow from such cessation, including (but not limited to), deletion of data e.g. hosting account(s) and mailboxes.

We DO NOT refund partially used monthly hosting fees, only fully outstanding months of payment shall be refunded.
We do not fund fees incurred in the purchase of domain names where the grace period has expired. This is 5 days for non-UK domains and 10 days for UK domains.


Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Billing

By the Account Activation Date of each month, we shall deliver, via e-mail, an invoice in accordance with the applicable Service Fees for services to be rendered in the forthcoming month. When an invoice is delivered to the client, payment shall be remitted to us by no later than the specified payment due date. We shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. We do not record or store customer credit/debit card data but you are able to set up recurring billing through our payment partners (currently PayPal) to allow us to take payment for invoices as they become due. It is your responsibility to ensure that you have sufficient funds to cover any transactions. Failure to make payment will result in up to three overdue notices being submitted to you before your account is suspended and/or terminated. Accounts suspended for non-payment are liable for termination without notice.

Money back guarantee & refund policy

We offer a 30 day money back guarantee. Refunds: For full coverage of what refunds we offer at what stages of your design process, please see our charges list.

Limitation of Liability

We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going offline or being unavailable for any reason whatsoever. Furthermore, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers. All damages shall be limited to the immediate termination of service.

Customer Support

All support requests must be raised through the tickets system via our website. We can also provide support via e-mail if required but all requests must first be initiated through a support ticket. This helps us deal with your query more effectively and provides a clear history of all correspondence.

Please note that we provide support to our direct customers only. We will not provide support via any means to your resold clients or any third-party not holding a direct account with us under any circumstances. It is your responsibility to cater for the support needs of your customers. In the event there is a hosting-related issue that you are unable to resolve, you are required to communicate this to us in detail via a support ticket and we will investigate and respond to you accordingly so you can inform your customer.

Futher, please also note that any and all abuse or disrespectful actions taken against our staff via our support ticket systems, emails or any form of communication will be taken very seriously and will likely result in the termination of any services with us and the termination of your account without any refunds at all.

Violations

Violations of these policies should be referred to supportunreal-designs.co.uk. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Responsibility

If you are under the age of 18, your parent / guardian / carer will be help responsible in place of you. If your parent / guardian / carer cannot be held responsible, the UK law will determine who is responsible on your side.

Disclaimer

We cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. While we own and operate our own enterprise-grade equipment, certain services and software provided by us are resold. Thus, certain equipment, routing, software and programming used by us are not directly owned or written by Unreal Designs. Moreover, we hold no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, at our discretion.

Account Activation

By activating your account with us, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail prior to taking any action to provide you with an opportunity to correct the problem.


Acceptable Use Policy

As a provider of web site hosting and other Internet-related services, we offer our customers (also known as "Subscribers") and your customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. We respect that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, we reserve the right to take certain preventive or corrective actions. In order to protect these competing interests, we have developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using our services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that we cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because we cannot monitor or censor the Internet, and will not attempt to do so, we cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that we do not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over our network and may reach a large number of people, including both our subscribers and non-subscribers, subscribers' postings to the Internet may affect other subscribers and may affect our goodwill, business, reputation or operations. For these reasons, subscribers violate our policy and these terms when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming

Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Unreal Designs, but also because it can overload our network and disrupt service to our subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, we will investigate and suspend the account that is sending spam and reserve the right to keep the account suspended until such time that the account no longer sends spam.

Audio/Video Streaming

Audio/Video Streaming is not hosting friendly. As such, we do not allow any streaming of audio or video content where the core files are hosted on our platform. Offending accounts will be suspended without noticed or terminated.

File Storage / Online Backups

We do not permit the use of our platform for the storage of backup or archival data, mirror sites, personal multimedia content such as movies, music, photos or other media. Your account and any sub-accounts may be used for genuine web hosting purposes only. Any such content is not permitted and will be removed and any offending accounts suspended.

Services such as OwnCloud are not permitted on our hosting and accounts found to be utilising web space for such services will have their data removed and services suspended.

We don't limit your disk space providing the majority of your space is used for web hosting. We do not permit the use of our shared hosting as an e-mail archival system and you may be asked to remove e-mail, archive e-mail to your computer or upgrade to a VPS solution if it is determined your account is being used as such.

Free Hosting

We do not permit the use of our platform to provide free hosting to your customers. Providing free hosting encourages spamming and other abuses of the platform and as such this is explicitly disallowed.

File Sharing Websites or Peer-to-peer media (including files) sharing or streaming

We do not permit the use of our platform for file sharing of any kind. This includes but is not limited to peer-to-peer file or media sharing, BitTorrent, Tor or other such forms of data transmission.

Obscene Speech or Materials

Using our network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. We are required by law to notify law enforcement agencies if we become aware of the presence of child pornography on or being transmitted through our network.

Defamatory or Abusive Language

Using our network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorised Access to Other Computers or Networks

Accessing, illegally or without authorisation, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Engaging in Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service (DDOS) attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Destructive activities include inviting, either directly or indirectly, an attack (such as a DDOS) against our platform. Such invitations include inviting third parties to attempt to compromise the security of our platform or knowingly participating in an external attack (such as a DDOS) which results in retaliatory action from a third-party.

Facilitation a Violation of this AUP

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Phishing

We do not permit the hosting of any sites engaging in phishing, impersonating public institutions or private companies in an attempt to defraud members of the public. Any sites found in breach of this will be suspended or terminated without notice.

Other Illegal Activities

Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, publishing or threatening to publish private data and pirating software. Further, supporting, linking to or otherwise encouraging users to engage in sites or activities that are illegal.

Other Activities

Engaging in activities, whether lawful or unlawful, that we determine to be harmful to our subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. We will not, as an ordinary practice, monitor the communications of our subscribers to ensure that they comply with our policy or applicable law. However, when we become aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, suspension or termination of hosting services, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action we deem appropriate.

We are also aware that many of our subscribers are themselves providers of Internet services, and that information reaching our facilities from those subscribers may have originated from a customer of the subscriber or from another third party. We do not require our subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of our subscribers. We reserve the right to directly take action against a customer of our subscribers. Also, we may take action against the our subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, we anticipate that subscribers who offer Internet services will cooperate with us in any corrective or preventive action that we deem necessary. Failure to cooperate with such corrective or preventive measures is a violation of our policy.

We will not intentionally monitor private electronic mail messages sent or receive by our subscribers, unless required to do so by law, governmental authority or when public safety is at stake. We may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, we may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request subject to Data Protection and other UK legislation. We assume no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, we may disclose subscriber information or information transmitted over our network where necessary to protect us and others from harm, or where such disclosure is necessary to the proper operation of the system. However, we will never sell information to other services or outside companies.

We expect that our subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate our policy. Finally, we wish to emphasise that, in accepting these terms and placing an order, subscribers indemnify Unreal Designs for any violation of the Service Agreement, law or Unreal Designs policy resulting in loss to Unreal Designs or the bringing of any claim against Unreal Designs by any third party. This means that, if we are sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against us, plus costs and reasonable legal and solicitors' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Unreal Designs and its subscribers, as responsible members of the Internet. Breaking of this AUP can result in a penalty fee, for a full list of charges please see our charges list. Any complaints about a subscriber's violation of this AUP should be sent to supportunreal-designs.co.uk.


Complaints

We like to think we get it right all the time, every time but the truth of it is everyone gets it wrong from time to time. We can only improve on our services with valid feedback from you, our customers. If you wish to make a complaint about a service you have received, please submit an email to us at supportunreal-designs.co.uk, including as much detail from the issue you have. We will acknowledge your complaint within 1 business day and aim to resolve any issues within 5 business days.

Notification of Changes

We reserve the right to change these conditions from time to time as it sees fit and your continued use of the site and our hosting services will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we do not have to, but under most circumstances, will announce that these changes have been made via relevant channels. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

Legalese

This service is not being offered by a company, (this includes any reference to "company"). It is done as a hobby by a group of individuals under the age of 18. We however aim to offer a service as near to professional standards as we are able.

These terms and conditions and any dispute or claim arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of England and Wales.

Any liability under this service is limited in its entirety in total to the sum of any donation or other payments by the relevant party or any lesser sum as set out in the refund policies herein. Total aggregate liability arising out of, or in connection, with this service whether for negligence or breach of contract or any cause whatsoever shall in no event exceed the sum of any donation or other payments by the relevant party. In making a donation or other payment, you are accepting that this limit of liability is reasonable in the context of the services. No relevant insurance policies are held by the service provider. No liability is accepted for, and liability is expressly excluded for, loss of revenue, loss of actual or anticipated profits, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, and any indirect, special or consequential loss or damage howsoever caused.

You warrant that any content or other materials provided do not infringe the intellectual property or any other rights of any third party nor do they infringe the Data Protection Act or any other law or regulation. You agree to indemnify the service provider in the event of any claim by a third party alleging infringement including all liabilities, costs, expenses, damages and losses including costs of defense or rectification. You warrant that any content or other materials provided are not potentially offensive, inflammatory, harmful or illegal including but not limited to racist content, pornographic content or the promotion of self-harm, bullying or illegal or offensive services. With any content or other materials provided, you grant a royalty free, non-exclusive, irrevocable, transferable, sub-licensable, fully paid up license to use such materials in the provision of the service.

Support is not available on any guaranteed hours and may be unavailable on rare occasions for periods of up to two weeks. However we typically respond within 24 hours. Should the site be subject to attack, such as DDoS, the service provider retains to the right to cancel the service and make a refund in line with the refunds policy. No guarantee is given as to the security of content hosted. If guaranteed uptime is desired or any of the items above are felt insufficient, we recommend hosting with a recognized hosting provider.

Where a website is registered on your behalf, any fees from the 3rd party will be sought as and when demanded by the 3rd party. These are often in advance of the anniversary date and are beyond our control.


These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or subscribing for any of our services indicates your understanding, agreement to and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

At all times, we retain the rights to all designed and developed content.

These Terms and Conditions were most recently updated on 31st May 2016.

© Unreal Designs 2018.   All Rights Reserved

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