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This Agreement is made between LANGMARKET LLP, hereinafter referred to as 'OPERATOR' on the one part, and an individual who has provided all required details during website registration and/or a legal entity acting as a client, hereinafter referred to as 'Subscriber' on the other part (collectively referred to as 'Parties').
1.1. The OPERATOR shall provide the Subscriber with telematics services, data transmission services, and other services stipulated by this Agreement and its annexes (hereinafter - Services), and the Subscriber shall pay for such Services under the terms defined in this Agreement.
1.2. The OPERATOR shall provide Services using its own equipment and/or equipment provided by the Subscriber under the terms defined in this Agreement.
1.3. The name, scope, cost, delivery timelines, and other conditions and specifications of the Services provided shall be reflected in Orders which form an integral part of this Agreement.
The Operator shall:
2.1. Provide paid Services to the Subscriber in full within agreed timelines, including necessary software and equipment.
2.2. Take all reasonable measures to eliminate causes of service interruptions and restore Services in case of disruptions.
2.3. Maintain records of Services consumed by the Subscriber.
2.4. Publish official notices regarding Subscriber maintenance, tariff changes, and special promotions on this website and distribute them via Subscriber email.
2.5. Maintain confidentiality of Subscriber information obtained during registration and private email content, except as required by UK legislation.
2.6. Provide the Subscriber with all information about itself as required by UK law and commercial practice.
2.7. Provide the Subscriber with timely reports on services rendered and payments received.
3.1. Pay for the Operator's services in a timely manner.
3.2. Monitor and replenish their account balance in the billing system on this website.
3.3. Provide accurate personal information during initial registration and subsequent updates. Required information includes: - For individual Subscribers: full name and residence address. - For corporate Subscribers: company name, details, registered address, and list of authorized users with their full names, addresses, and ID details.
3.4. Comply with this Agreement and current UK legislation.
3.5. Immediately report technical issues to the Operator via the website contact form.
3.6. Use the Operator's services in compliance with UK law and not hold the Operator liable for any damages incurred during service usage.
3.7. The Subscriber shall not use the Services for:
3.8. Regularly review official information regarding service maintenance, including tariff changes published on this website.
3.9. Provide accurate contact details and promptly notify the Operator of any changes. The Operator may suspend services if contact information appears unreliable until notarized verification is provided.
3.10. Retain all financial documents confirming service payments.
3.11. Provide complete and accurate information as required by law and commercial practice.
3.12. Bear full responsibility for providing false/incomplete personal information.
4.1. Operator's Rights:
4.1.1. Temporarily suspend Services until receiving written explanations from the Subscriber in cases of:
4.1.2. The Operator may terminate this Agreement unilaterally with electronic notice if the Subscriber violates these Terms.
4.1.3. The Operator may migrate Subscriber's VPS to other servers without notice if service quality isn't degraded.
4.1.4. The Operator may modify these Terms unilaterally, with changes effective upon website publication. Prepaid services will be delivered under original terms.
4.1.5. The Operator may refuse service with electronic notice, refunding unused balance within 7 days of suspension.
4.1.6. The Operator may disclose Subscriber information only as required by UK law.
4.1.7. The Operator may refuse service without warning if staff are abused through support channels.
4.2. Subscriber's Rights:
4.2.1. Demand Services according to these Terms.
4.2.2. Publish any content on their websites compliant with UK law and these Terms.
4.2.3. Use provided resources at their discretion and responsibility.
5.1. Agreement acceptance occurs upon prepayment for ordered services according to the Operator's invoice.
5.2. Service costs and payment procedures are specified on this website.
5.3. All payments shall be made in EUR, USD, or GBP, converted at the Operator's internal rate.
5.4. Payment obligation is fulfilled when funds reach the Operator's account.
5.5. Payment documents must reference the unique identifier provided by the Operator.
5.6. For unprovided services, the Subscriber may submit a bilateral Service Disruption Report within 5 business days.
5.7. Invoices are sent electronically or provided in person at the Operator's office.
5.8. Unpaid invoices for over 3 days may result in service suspension.
5.9. The Operator may unilaterally change service tariffs, notifying Subscribers via website. Prepaid amounts aren't recalculated.
5.10. The Subscriber is responsible for payments made to outdated bank details after updates are published.
6.1. For payment delays exceeding 10 days, the Operator may suspend services. Restoration costs £20 if technically possible.
6.2. The Operator isn't liable for delays or disruptions beyond its reasonable control.
6.3. The Operator isn't responsible for third-party service quality.
6.4. The Operator cannot guarantee 100% security as it uses third-party software.
6.5. The Operator doesn't monitor Subscriber content and isn't responsible for its legality.
6.6. The Subscriber bears full responsibility for content compliance with laws. Services may be suspended during disputes.
6.7. The Subscriber is responsible for unauthorized access due to credential compromise.
6.8. The Subscriber is solely responsible for transmitted information's content and legality.
6.9. The Subscriber is liable for damages caused to third parties through service usage.
6.10. Disputes not resolved amicably shall be settled under UK law.
7.1. Parties are liable under UK law for agreement breaches, with limitations:
7.1.1. No liability for third-party losses.
7.1.2. No liability for lost profits or indirect damages.
7.1.3. Operator's total liability is limited to direct proven damages not exceeding amounts paid for Services.
8.1. The Operator guarantees 99% annual service availability.
8.2. For violations, compensation is calculated at 1/720 of monthly service cost per hour, rounded to nearest hour.
8.3. This compensation is the sole remedy for service interruptions.
8.4. Scheduled maintenance and force majeure aren't considered service interruptions.
9.1. These Terms become effective upon service payment.
9.2. The Subscriber may terminate services unilaterally with signed reconciliation statement.
9.3. The Operator may terminate services with 7 days' email notice.
10.1. Clients may request full refunds for unused services, credited to their billing account for other services, transfers, or returned to payment system.
10.2. Refunds are processed within 45 days via Operator-selected method.
10.3. Refund requests require website contact form submission with registration data, server access details, reason for cancellation, signed refund request, and ID copy.
10.4. Refunds exclude setup fees, control panels, IP/DNS services, domains, administration, and other ancillary services - only core services (VPS, hosting, dedicated servers) are refundable.
10.5. Refund conditions:
10.5.1. Prepayments are refunded only for complete unused months.
10.6. No refunds for Terms violations.
10.7. Special price/discounted purchases are refunded for complete unused months minus 100% server cost.
10.8. For VPS/dedicated server cancellations prepaid for ≥2 months without special conditions, setup fees are deducted:
10.8.1. KVM-based tariffs - £5
10.8.2. Dedicated servers - £10
10.9. 15% transfer fee applies.
10.10. Compensation for Operator losses (server/network disruptions, blacklisted IPs etc.) is deducted.
10.11. Dedicated server refunds deduct one full month's service at current rate.
10.12. No refunds for Terms violations.
LANGMARKET LLP
Company number OC396791
Address:
65 St. Helier Avenue, Morden, England, SM4 6HY
For company correspondence, use the mailing address or website contact form.