info@turtlereality.co.uk
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Things are going well and growing steadily and lot of that is down to the website through which I receive over 80% of my orders and is a great interface to my existing customers. All in all I'm well pleased! 
Patrick Lynn
Red Earth Organics
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Terms and Conditions for Web Hosting
1 Provision of Service
1.1 This contract covers the provision of service by Turtlereality to The Customer. It supersedes and takes precedence over any previous written or oral representations given or made by the company or any representatives of the company. In agreeing to the provision of the services, The Customer is deemed to have read and understood these terms and conditions.
1.2 Any date proposed either by Turtlereality for the provision of services to be treated as an estimate only and Turtlereality accepts no liability for any failure to meet it.
1.3 Unless Turtlereality receive a notice in writing from The Customer terminating this contract at any time prior to the renewal date, The Customer will be deemed to renew the contract at the end of the twelve month period and be subject to the terms and conditions referred to herein.
1.4 Turtlereality reserve the right to alter or amend its terms and conditions by giving seven days' prior notice to The Customer. Notice will be deemed to have been given by Turtlereality by displaying the notice on the web site of Turtlereality that can be found at http://www.turtlereality.net
2 Definition and application
2.1 In this Contract:
"Customer" means The Customer with whom Turtlereality makes this contract including a person reasonably appearing to Turtlereality to act with that customer's authority
"WWW" means World Wide Web service available on the Internet;
"Domain names" means Internet addresses which have been registered with the central registration authorities on the Internet on behalf of The Customer;
"Upload" means transfer computer files to the Turtlereality computer system for publication on the Internet, WWW;
"Commencement date" means the date of Turtlereality's acceptance of The Customer's order specified by the order date on The Customer invoice
"This contract" means the contract between The Customer and Turtlereality incorporating these terms and conditions;
"Web site" means the area on Turtlereality's computer system allocated to The Customer for the purpose of this order;
"Hosting" means the making available of The Customers domain name to the Internet community;
"Renewal Date" means the date of renewal of this contract between The Customer and Turtlereality, as defined on The Customer invoice;
"Megabyte" means 1,048,576 bytes or characters of information;
"Gigabyte" means 1,073,741,824 bytes or characters of information;
"Illegal" means any act or acts which are capable of breaching the criminal law of England and Wales.
2.2 Any words in the singular include the plural and vice versa. All definitions, notes, terms and conditions referred to in this contract form part of the contract as if they were expressly set out in it.
3 Contract Period
This Contract shall continue from the commencement date for a period of twelve calendar months subject to termination under conditions 8 and 9.
4 The Customer's Responsibilities
4.1 It is The Customer's obligation to ensure that they do not upload a virus to the web space provided by Turtlereality which could infect the Turtlereality server. The Customer must not allow a virus to enter the Internet community by allowing Internet users to download files containing viruses and knowingly or otherwise from their web space which is on a Turtlereality server.
4.2 It is The Customer's obligation to ensure that any material being uploaded is not in breach of copyright. Turtlereality accepts no responsibility for The Customer's actions in either uploading material to the WWW or in The Customer's transferral of any material to other Web sites.
4.3 The Customer agrees not to upload any material which would be considered to be contrary to public decency and morality. Turtlereality reserve the right to randomly inspect Web sites and in the event that any unauthorised material has been uploaded to that Web site, Turtlereality reserve the right to inform the authorities and to terminate this contact forthwith. Uploaded material would expressly include pornographic, barbaric and overtly tasteless material.
4.4 The Customer agrees that it shall not cause or permit or in any way assist in any unauthorised publication, any dissemination of any defamatory material or any material which could be considered to be in breach of the criminal laws of England and Wales.
4.5 The Customer agrees to keep secure the login name and password and not to pass that information to any unauthorised person. In the event of The Customer's login name and password being used by any unauthorised person, Turtlereality accept no responsibility and The Customer will be liable for additional charges arising therefrom.
4.6 If the contract is terminated for whatever reason, The Customer will be entitled to a pro-rata refund of the contract price minus any set-up, administration or over usage fees.
4.7 The Customer agrees not to perform any action that will result in the reduced performance of the Turtlereality server to the detriment of other users.
4.8 Not to commit any act whereby access is gained by The Customer to any information or resources of any body corporate or person, individual, partnership, government agency, national institution, charity or recognised organisation without first having obtained authority from those persons or institutions.
4.9 The Customer agrees not to use Turtlereality's servers to send unsolicited or spam e-mail to other Internet users. Failure to meet this obligation would result in the termination of this contract without refund.
4.10 Not to do any act or omission, the result of which would have the effect of bringing Turtlereality into disrepute.
5 Limitation of Liability
5.1 For the avoidance of doubt Turtlereality has no obligation duty or liability in contract and/or tort for breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.
5.2 In any event and in no circumstance shall Turtlereality be liable for any loss either direct or indirect of profits, business or anticipated savings or any other direct or indirect consequential loss arising out of the provision of the service to The Customer.
5.3 In no circumstance shall Turtlereality be liable for any loss whether direct or indirect arising from the content of any information placed by The Customer onto the service provider of Turtlereality.
5.4 Under no circumstances shall Turtlereality be liable for loss whether direct or indirect of profits, business or anticipated savings or for any direct or indirect consequential loss whatsoever by the failure of, or any problem experienced by The Customer in it's operation of it's web site.
5.5 Each provision of this condition is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held inapplicable or unreasonable.
6 Indemnity
6.1 Without prejudice to any other rights or remedies which Turtlereality may have against The Customer, The Customer shall indemnify Turtlereality against any loss or expenses sustained by reason of any breach of this contract and any actions, proceedings, claims or demands in any way connected with this contract brought on by or threatened against Turtlereality by a third party which are caused by or arise from any action of Turtlereality carried out pursuant to the instructions of The Customer.
6.2 The Customer shall indemnify Turtlereality against any actions, proceedings, claims or demands in any way connected with this contract brought or threatened against Turtlereality by a third party which are caused by or arise from any act or default of Turtlereality carried out pursuant to the instructions of The Customer.
7 Charges
7.1 The full contract price must be paid prior to Turtlereality providing the service contemplated by this contract.
7.2 All charges of whatever nature in respect of service shall as such be as Turtlereality shall determine from time to time. On each occasion when service is provided to The Customer, The Customer shall pay the charges in force at that time, full details of which will be available from the address specified in condition 9.
7.3 Should Turtlereality have to issue Court proceedings pursuant to this contract The Customer accepts responsibility for all Turtlereality legal fees and disbursements notwithstanding the value of the claim, on an indemnity basis.
8 Termination of this contract by Turtlereality
8.1 The contract may be terminated by Turtlereality at any time on giving at least 14 days notice to The Customer.
8.2 If The Customer does not pay any charge when due or breaks this contract in any other way Turtlereality can terminate this contract immediately without the requirement of prior notification.
8.3 Termination of this contract by Turtlereality will result in the retaining by Turtlereality of all monies received from The Customer who will not be entitled to a refund of monies paid.
8.4 Upon termination of this contract The Customer shall nevertheless remain liable for all charges due or which would have been payable under this contract.
8.5 On termination Turtlereality will remove all materials held on Turtlereality's computer and remove all privileges entitled to The Customer.
8.6 Subject to the discretion of Turtlereality, after termination, if Turtlereality agree that The Customer may once again be reconnected to the service, any reconnection will be subject to an administration charge of £50 together with any outstanding charges payable prior to the reconnection.
9 Termination of the contract by The Customer
9.1 The Customer can terminate this contract at any time in writing to the following address: Turtlereality, 22 Clarendon Road, Trowbridge, Wiltshire, BA14 7BR, United Kingdom. In an event of The Customer so terminating this contract, The Customer will be entitled if they so wish to continue with the contract until the expiration of the contract period or alternatively The Customer may request the immediate termination of the contract.
10. Force Majeure
10.1 Turtlereality is not liable for any breach of this contract if the breach was caused by an act of God, insurrection or civil disorder, war or military operations, national or local emergency, acts of omissions of government, highway authority or other competent authority, Turtlereality's compliance with any statutory obligation, industrial disputes of any kind (whether or not involving Turtlereality employees), fire, lightening, explosion, flood, subsidence, weather of exceptional severity, acts of omission of persons whom Turtlereality is not responsible (including in particular other telecommunication service providers), or any other cause whether similar or dissimilar outside Turtlereality's reasonable control.
11. Proper Law
This contract is to be treated as made in England and Wales according to English and Welsh Law and subject to the jurisdiction of the English and Welsh Courts.
12 Limitation on assignment
12.1 The Customer must not assign the benefit of this contract in whole or in part.
12.2 Turtlereality reserve the right to assign the benefit of this contract by giving prior written notice of any assignment to The Customer.
12.3 Except with the prior written consent of Turtlereality, the service shall not be used by or on behalf of any person other than The Customer or a third party specified on the application form.
