UK Chinese Website Design - Dragon Page Technology

Service Agreement - General Terms

• We do not allow Warez, illegal MP3 sites and adult content.
• Users must not participate in any form of un-solicited bulk e-mailing or spam.
• IRC services are not allowed.
• You must not divulge your passwords to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people.
• We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
• We reserve the right to cancel your services at any time without notice in the event of a breach in these Terms and Conditions.
• Should your account be closed, all files (including web pages etc.) will be deleted.
• We reserve the right to amend and update these Terms and Conditions and the Acceptable Use Policy at any time without notice.

Service Agreement

This agreement is made by and between Dragon Page and the Customer:

Overview

This agreement is intended to cover any and all Services provided by Dragon Page and received by the Customer. This agreement contains the entire understanding between Dragon Page and Customer with respect to the Services described in the Order and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between Dragon Page and the Customer. The Customer acknowledges and agrees that its entire right relating to Dragon Page Services are as set forth in this agreement.

1. Services

Subject to the terms and conditions of this agreement, Dragon Page agrees to provide the Internet hosting services specified in the Order. Subject to Customer's right to terminate this agreement in accordance to Section 4.2 of this agreement, Dragon Page may expand or contract the scope of Dragon Page's services by issuing an amended order form to the Customer in advance of such change.

2. Initial Term

The initial term of this Agreement is stated in the Order ("Initial Term"). The Initial Term shall not commence until Dragon Page accepts the Order from the Customer and until first payment as set out in the Order is made in full by the Customer for Services to be provided during the Initial Term.

3. Renewal Term

Unless terminated by Dragon Page or in accordance with Section 4.2 of this Agreement, this Agreement will automatically renew for successive terms of equal length to the Initial Term at the applicable rate and discounts.

4. Fees and Payment

The Customer agrees to pay Dragon Page, without limitation, for the Services it uses.

4.1 Invoices - Invoices are emailed to the current billing email address. Monthly Service Fees are invoiced thirty-seven (37) days in advance and due thirty (30) days in advance.

Clients are fully responsible to ensure payment of all amounts due are paid on time independently of receiving invoice or billing notifications by email from Dragon Page. Overdue accounts may be disconnected at any time after the expiry date. All data will be deleted after 2 weeks unless alternative arrangements are made with Dragon Page.

4.2 Cancellation Policy – All Service contracts, unless otherwise negotiated, are month-to-month. In order to cancel a Service contract the Customer must notify Dragon Page via email. A cancellation request must be received at least 30 days prior to the expiry date. There are no partial refunds or credits for early cancellations. All payments to Dragon Page are final and non-refundable.

4.3 Overdue payments - All invoices are due within 14 days of the stated invoice date. At our discretion we may refer overdue payments to our debt collections agency, and in that event an administration charge will be added to the outstanding amount. The value of the administration charge is discretionary, but would be a minimum of 25% of the overdue amount.

5. Acceptable Use Policy

Customers shall at all times comply with and help ensure that they and their clients comply with the terms of the current version of the Acceptable Use Policy (AUP). Customer agrees that Dragon Page may amend the terms of the AUP from time to time by posting a new or different version of the Acceptable Use Policy at www.Dragon Page.com. The Customer shall include the terms and conditions set out in the Acceptable Use Policy in an Acceptable Use Policy with its own clients.

6. Temporary Service Suspension

The Customer agrees that it may be necessary for Dragon Page to temporarily suspend Services for technical reasons or to maintain the Dragon Page network, the equipment or any other facilities, the timing of which will be as determined by Dragon Page. Such suspension of the Services will not be an interruption of the Dragon Page Services for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.

7. Emergency Service Suspension

Dragon Page may interrupt the Services at any time for any duration of time, without penalty or liability for any claim by the Customer, where necessary to prevent improper or unlawful use of Dragon Page Services or network. Such suspension of Services will not be an interruption for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.

8. Termination of Agreement

If Customer breaches any of its obligations under this agreement or the Acceptable Use Policy (AUP) then Dragon Page may terminate this agreement at any time and without prior notice.

9. Limitation of Liability

Customer acknowledges and agrees neither Dragon Page nor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement. If, despite the foregoing limitations, Dragon Page or any of its shareholders, directors, officers, employees or representatives should become liable to Customer or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of Dragon Page, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by Customer to Dragon Page for one month of service under this agreement.

10. Indemnity

Customer will indemnify and save harmless Dragon Page and its members, shareholders, directors, officers, employees, agents, contractors, and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against Dragon Page or any of its members, shareholders, directors, officers, employees and representatives in connection with Customer's negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.

11. Customer Acknowledgement

Customer acknowledges that it accepts all risk of any unauthorised or illegal use of the Dragon Page network or any inter-connected network by third parties. Dragon Page provides no warranties, makes no representations, and accepts no liability for the unauthorised or illegal access or interference with the Customer's server/network unless such access or interference is caused by the intentional unlawful acts of Dragon Page, its agents or employees.

12. Dragon Page Administrative Account and Software

For the purposes of Network/Server maintenance, inventory and related activities, Dragon Page staff and management retain the right to administrative access to any and all Servers on their network. To facilitate this, all Dragon Page Servers include a Dragon Page administrative account and/or daemon designed for these purposes. See Acceptable Use Policy (AUP) for more details.

13. Governing Law

This Agreement is governed by the law of England, and the Customer agrees that any court action brought under this agreement shall be brought in the jurisdiction of England.

If any provision of this agreement is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the provision shall be deemed to be severable from the remaining provisions and shall not affect their validity or enforceability.