Terms and Conditions | Office Elite

Office Elite ("The Company") reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately. Please check the latest information posted herein to inform yourself of any changes.

Office Elite agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Office Elite Service constitutes acceptance and agreement to Office Elite AUP as well as Office Elite TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Office Elite, LLC and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

Disclosure to Law Enforcement

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Office Elite shall have the right to terminate all service set forth in this Agreement.

Payments and Fees

Service will be interrupted on accounts that reach 5 days past due. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. If a cancelled account is reinstated and requires a restore from backups, a £25 fee will apply. Any credit card chargebacks placed on payments made to Office Elite will incur a £25.00 penalty.

Failure to Pay

The Company may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Legal Threats & Professional Behaviour

Please behave in a reasonable manner towards Office Elite employees. Any unreasonable threats, either personal or against the company will receive a warning for breach of these conditions. Personal abuse towards Office Elite employees or legal threats against the company are viewed as extremely serious. Office Elite reserves the right to refuse to do business with a person or company as a result and possibly terminate any accounts in question.

Account Transfers

Our team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best but in some cases, we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 60 days from your sign up date. Transfers outside of the free period will incur a charge; please contact a member of the sales department with specific details to receive a price quote.

Account Cancellation

All requests for cancelling accounts / services must be made in writing by e-mailing support@officeelite.co.uk

You can also contact sales via the contact us option on our website. In order to cancel a service you must provide your billing username and the request to cancel come from the email address you signed up under so your account can be validated. 3 months notice must be given to Office Elite in order to terminate a service – should the request fall under this time frame then a £50 admin charge will be incurred.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Support Boundaries

Office Elite provides online technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Office Elite provides support related to your server or virtual site physical functioning. Office Elite does not offer tech support for application specific issues such as CGI programming, HTML or any other such issue. If you can e-mail, we encourage you to e-mail support@officeelite.co.uk or post in our discussion forums for assistance. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support.

Email

Please be aware that email is not a guaranteed service. While we strive to ensure timely and reliable delivery of emails, there are numerous factors outside of our control that may impact the successful transmission and receipt of emails. These factors include, but are not limited to, internet service provider issues, network congestion, and spam filtering.

As a result, we cannot guarantee that emails will always be delivered promptly or at all. We recommend following up on critical communications via alternative methods if necessary.

SPAM and Unsolicited Commercial E-mail (UCE)

Office Elite takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of Office Elite may not use or permit others to use our network to transact in UCE. Customers of Office Elite may not host, or permit hosting of, sites or information that is advertised by UCE from other networks.

Violations of this policy carry severe penalties, including termination of service.

Violation of Office Elite SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Office Elite will initiate an immediate investigation (within 48 hours of notification). During the investigation, Office Elite may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Office Elite may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Office Elite reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Office Elite will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of £30 and your account will be reviewed for possible immediate termination. A second violation will result in an immediate termination of your account.

As our resellers are ultimately responsible for the actions of their clients over the Office Elite network, it is advisable that resellers develop a similar, or stricter, policy for their clients.

IP Address Ownership

If Office Elite assigns a Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Office Elite, and Customer shall have no right to use that Internet Protocol address except as permitted by Office Elite in its sole discretion in connection with the Services, during the term of this Agreement. Office Elite shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Office Elite, and Office Elite reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

System Resource Usage (CPU/Memory/etc.)

Per our AUP, abuse of system resources is prohibited. First violations may or may not cause an account suspension depending on the severity of the issue. The customer will receive a clear warning. Second or third violations may result in an immediate termination of your account. Office Elite staff members will judge based on server performance on what type of activity is considered as abusive.

Bandwidth and Disk Usage

Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. Office Elite will monitor Customer's bandwidth and disk usage. Office Elite shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Office Elite sole and absolute discretion.

If Office Elite takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

Using a shared account as a backup/storage device is not permitted. Do not keep backups on the server of your websites or installation scripts.

Examples of Unacceptable Material

Examples of unacceptable material on all servers include:

Torrent Sites
Topsites
IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mailer Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery Sites
MUDs/RPGs/PPBGs
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro

System and Network Security

Users are prohibited from violating or attempting to violate the security of the Office Elite Network. Violations of system or network security may result in civil or criminal liability. Office Elite will investigate occurrences which may involve such violations and may cooperate with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting. Taking any action in order to obtain services to which such User is not entitled.

Backups and Backup Access

Customer acknowledges that individual site backups are the responsibility of the customer.

Suspension of Service or Cancellation

Office Elite reserves the right to suspend network access to any customer if in the judgment of the Office Elite network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Office Elite chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. We offer a 30 day money back providing we failed to provide you with the service as outlined for each individual hosting plan. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Right to Refuse Service

Office Elite reserves the right to refuse service to any customer at any time within reasonable means/requests.

Miscellaneous Provisions

You must provide us with, and keep current, good contact information for you.

E-mail, fax, and telephone contacts are used, in that order of preference. This information can be kept up to date by logging into your account on our website.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. No chat software/scripts are to be used on our servers unless approved by management.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Office Elite takes no responsibility for any material input by others and not posted to the Office Elite Network by Office Elite. Office Elite is not responsible for the content of any other websites linked to the Office Elite Network; links are provided as Internet navigation tools only. Office Elite disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

Office Elite is not responsible for any damages your business may suffer. Office Elite does not make implied or written warranties for any of our services. Office Elite denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Office Elite.

Responsibility for Content

You, as Office Elite's customer, are solely responsible for the content stored on and served by your Office Elite servers.

.Gov domains – Role and Responsibilities

Precedence, latest version and updates

These terms take precedence over any other terms in this agreement.

The latest version of these terms can be found here: https://www.gov.uk/guidance/additional-terms-for-govuk-agreements

The party selling or issuing the gov.uk domain or subdomain must apply best endeavours to seek to update this agreement annually to reflect the latest version of the terms made available by the Critical Domain Holder (as defined below) from time to time.

Role and responsibilities of CDDO as the Critical Domain Holder

The parties agree to and accept the role of the Critical Domain Holder as set out below in respect of the protection of .gov.uk domains and subdomains.

1. The Central Digital and Data Office (CDDO), acting on behalf of the Minister for the Cabinet Office and as part of the Crown, has rights over the '.gov.uk' domain and subdomains. CDDO is the .gov.uk domain Critical Domain Holder.

2. The Critical Domain Holder does not need to be party to this agreement.

3. The Critical Domain Holder has appointed the .gov.uk Registry Operator.

4. The Critical Domain Holder permits the .gov.uk Registry Operator to enter into Registry Registrar Agreements.

5. The Critical Domain Holder is the only authority that may verify the identity of the Registrant.

6. The Critical Domain Holder approves a .gov.uk domain name for use by the Registrant.

7. The Critical Domain Holder is responsible for setting and maintaining the domain registration and management rules, which are defined in the Apply for your .gov.uk domain name guidance on GOV.UK.

8. The Critical Domain Holder acts as an escalation point and ultimate decision maker in the event of a dispute regarding the management or control of a .gov.uk domain name.

9. The Critical Domain Holder may, at its sole discretion, direct the Registry Operator, Registrar, Registrant or sub-Registrant to take action, including urgent action, to protect a .gov.uk domain name, at any time. Such action may include to suspend, withdraw or transfer a .gov.uk domain name:

9.1. if the Registrant or sub-Registrant persistently or seriously violates the domain registration and management rules, which are defined in the Apply for your .gov.uk domain name guidance on GOV.UK,
9.2. if the Registrant or sub-Registrant persistently fails to respond to communications from the Registrar, Registry Operator or Critical Domain Holder,
9.3. to resolve disputes which concern the Registrant or sub-Registrant's registered .gov.uk domain name,
9.4. if the continued Registration of the Registrant's .gov.uk domain name poses an immediate critical security threat to the Registrant's services or other public sector services,
9.5. if the Registrar persistently fails to meet the Criteria to be a .gov.uk Approved Registrar,
9.6. if the Registrar is no longer a .gov.uk Approved Registrar as defined by the criteria,
9.7. if there is any event that might lead to your organisation ceasing trading, such as a voluntary winding up, a bankruptcy, or an insolvency event as defined in section 123 of the Insolvency Act 1986,
9.8. if required by the law.

10. The Critical Domain Holder is an independent data controller in its own right for personal contact data contained within the Registry Data. The Registry Data means any data, including but not limited to DNS resource records, public-key material for DNSSEC and personal contact data, in each case held by the Registry Operator:

10.1. for use in its Registry Services,
10.2. or for use by the Registry Operator in performance of its roles and obligations to the Critical Domain Holder, Registrar and/or Registrant,
10.3. or for use by the Registrar in performance of its roles and obligations to the Critical Domain Holder, Registry Operator and/or Registrant.

11. The Critical Domain Holder and its suppliers are authorised to undertake monitoring of all .gov.uk domains and subdomains as described on the Domain Management team page. The purpose of monitoring is to test for the secure configuration of domains and associated digital services and alert the relevant service owners when problems are found.

The monitoring undertaken by the Critical Domain Holder, and/or its suppliers, may, on some rare occasions, temporarily impair the function of the domain and associated digital services. In those circumstances, the Critical Domain Holder will work with the Registrar, Registrant, and/or Sub-Registrant to overcome the temporary impairment as soon as is reasonably practicable. The Critical Domain Holder and its suppliers are authorised to undertake monitoring of all .gov.uk domains, and subdomains, regardless as to this risk of impairment.

In undertaking monitoring, the Critical Domain Holder, and/or its suppliers, may process personal data. The processing of personal data is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Critical Domain Holder, and/or its suppliers as a data controller. Details associated with a domain will be retained for as long as the domain is registered and in use. If details change to another person the Critical Domain Holder, and/or its suppliers, will remove the old contact within 6 months.

Role and responsibilities of the Registry Operator

The parties agree to and accept the role of the Registry Operator as set out below in respect of the protection of .gov.uk domains and subdomains.

12. The Registry Operator means the administrative and technical operator of the policies, processes and systems required to manage and operate the .gov.uk domains and subdomains. The Registry Operator is the only operator for gov.uk domains and subdomains, as appointed by the Critical Domain Holder.

13. The Registry Operator must only accept .gov.uk domain registrations from .gov.uk Approved Registrars. The Registrar Operator must not accept .gov.uk domain registrations from any reseller or any other entity.

14. The Registry Operator must use reasonable endeavours to verify that organisations that wish to be .gov.uk Registrars meet the Criteria to be a .gov.uk Approved Registrar.

15. The Registry Operator has a Registry Registrar Agreement with all .gov.uk Approved Registrars.

16. The Registry Operator must ensure that all Registrars have Registrant Agreements in place that reference this GOV.UK page and include these terms as updated from time to time and published on the aforementioned page.

17. All normal communications that the Registry Operator has with a Registrant must be through a Registrar. The exceptions to this are:

17.1. if a Registrar is not supporting their Registrant in accordance with the Criteria to be a .gov.uk Approved Registrar or
17.2. if the Registrant itself is not accepting such support.

In these exceptional cases the Registry Operator may contact a Registrant directly to help the Registrant meet the domain registration and management rules, which are defined in the Apply for your .gov.uk domain name guidance on GOV.UK. The Registry Operator must always copy the relevant Registrar in on communications with a Registrant in these cases.

18. The Registry Operator must maintain a published list of .gov.uk Approved Registrars.

19. The Registry Operator operates a fair marketplace for .gov.uk Approved Registrars. If the Registry Operator itself chooses to be a .gov.uk Approved Registrar, it must not grant itself more favourable terms or treatment than other .gov.uk Approved Registrars. The Registry Operator must not favour any .gov.uk Approved Registrar over any other.

20. The Registry Operator must not unreasonably refuse to sign a Registry Registrar Agreement with a .gov.uk Approved Registrar.

21. The Registry Operator must use reasonable endeavours to help .gov.uk Approved Registrars continue to meet the Criteria to be a .gov.uk Approved Registrar.

22. The Registry Operator must notify the Critical Domain Holder before removing the status of .gov.uk Approved Registrar or terminating a Registry Registrar Agreement with a .gov.uk Approved Registrar.

23. The Registry Operator is an independent data controller in its own right for personal contact data contained within the Registry Data. As a data controller, the Registry Operator will be responsible for ensuring agreements to cover the sharing and processing of personal data with other parties, such as the Registrars, are in place. The Registry Data means any data, including but not limited to DNS resource records, public-key material for DNSSEC and personal contact data, in each case held by the Registry Operator:

23.1. for use in its Registry Services,
23.2. or for use by the Registry Operator in performance of its roles and obligations to the Critical Domain Holder, Registrar and/or Registrant,
23.3. or for use by the Registrar in performance of its roles and obligations to the Critical Domain Holder, Registry Operator and/or Registrant.

Role and responsibilities of the Registrar

The parties agree to and accept the role of the Registrar as set out below in respect of the protection of .gov.uk domains and subdomains.

24. The Registrar must meet the Criteria to be a .gov.uk Approved Registrar at all times.

25. The Registrar must only provide .gov.uk domains directly to the Registrants that they have Registrant Agreements with. The Registrar must not provide .gov.uk domains via any reseller.

26. The Registrar must maintain a list of all Registrants that have delegated lower-level subdomains out to sub-Registrants.

27. The Registrar must ensure that if a Registrant transfers a domain name:

27.1. the new Registrant is eligible to have the domain,
27.2. any new Registrar is a .gov.uk Approved Registrar,
27.3. all parties follow the Transfer your domain name guidance.

28. The Registrar agrees that any persistent failures, as defined and/or determined by the Registry Operator, and confirmed at the sole discretion of the Critical Domain Holder, to meet the Criteria to be a .gov.uk Approved Registrar, will result in:

28.1. the Registrar no longer being a .gov.uk Approved Registrar,
28.2. the Registrar, in consultation with the Registrant, to transfer the management of its .gov.uk domain names to an alternative .gov.uk Approved Registrar,

The Registrar must at its own cost and expense, provide all such support, assistance and cooperation and execute or procure the execution of all such documents as the Critical Domain Holder or the Registry Operator may from time to time require for the purpose of giving full effect to this provision.

29. The Registrar is an independent data controller in its own right for personal contact data contained within the Registry Data. The Registry Data means any data, including but not limited to DNS resource records, public-key material for DNSSEC and personal contact data, in each case held by the Registry Operator:

29.1. for use in its Registry Services,
29.2. or for use by the Registry Operator in performance of its roles and obligations to the Critical Domain Holder, Registrar and/or Registrant,
29.3. or for use by the Registrar in performance of its roles and obligations to the Critical Domain Holder, Registry Operator and/or Registrant.

Role and responsibilities of the Registrant

The parties agree to and accept the role of the Registrant as set out below in respect of the protection of .gov.uk domains and subdomains.

30. The Registrant is an entity which has registered a .gov.uk domain name in the .gov.uk Registry.

31. The Registrant must remain in legal control of their .gov.uk domain name at all times. This includes not reselling or passing control of their .gov.uk domain name to a non-public sector organisation.

32. The Registrant must get approval from The Critical Domain Holder prior to transferring their .gov.uk domain to any other organisation.

33. The Registrant must protect its .gov.uk domain name by following the domain registration and management rules, which are defined in the Apply for your .gov.uk domain name guidance on GOV.UK that apply to them, found here:

34. The Registrant must get approval from The Critical Domain Holder prior to transferring their .gov.uk domain to any other organisation.

35. The Registrant must ensure that the domain name is used only by the organisation for which it is registered, and in accordance with the domain registration and management rules, which are defined in the Apply for your .gov.uk domain name guidance on GOV.UK.

36. The Registrant must comply with any direction from the Critical Domain Holder to take action to protect a .gov.uk domain name.

37. The Registrant consents to the Critical Domain Holder and/or its suppliers processing personal data, specifically collecting DNS records and WHOIS records where they are available, to:

provide support; protect the domain names in the public sector
reduce the risk of attack to associated services such as email, web, and digital services
ensure the governance and accessibility of web services

The Registrant consents to the retention of personal data by the Critical Domain Holder and/or its suppliers.

37.1. or for use by the Registrar in performance of its roles and obligations to the Critical Domain Holder, Registry Operator and/or Registrant.

38. The Registrant agrees that the Critical Domain Holder and/or its suppliers are authorised to undertake monitoring of all .gov.uk domains and subdomains as described on the Domain Management team page. The purpose of monitoring is to test for the secure configuration of domains and associated digital services and alert the relevant service owners when problems are found.

The Registrant consents to the retention of personal data by the Critical Domain Holder and/or its suppliers.

Role and responsibilities of the sub-Registrant

The parties agree to and accept the role of the sub-Registrant as set out below in respect of the protection of .gov.uk domains and subdomains.

39. The sub-Registrant is an entity which has been given a lower-level domain from a .gov.uk Registrant. The sub-Registrant is not the same organisation as the Registrant.

40. The sub-Registrant must protect its .gov.uk domain name by following the domain registration and management rules, which are defined in the Apply for your .gov.uk domain name guidance on GOV.UK that apply to them, found here:

41. The sub-Registrant is a data controller of the personal data it shares with the Registrant.

42. The sub-Registrant agrees that the Critical Domain Holder and its suppliers are authorised to undertake monitoring of all .gov.uk domains and subdomains as described on the Domain Management team page. The purpose of monitoring is to test for the secure configuration of domains and associated digital services and alert the relevant service owners when problems are found.

The Sub-registrant consents to the Critical Domain Holder and/or its suppliers processing personal data, specifically collecting DNS records and WHOIS records where they are available to:

provide support; protect the domain names in the public sector; and to reduce the risk of attack to associated services such as email, web, and digital services
ensure the governance and accessibility of web services

The Sub-registrant consents to the retention of personal data by the Critical Domain Holder and/or its suppliers.

Pricing for .gov.uk domain names

43. The pricing for .gov.uk domain names is to be confirmed.