AGREEMENT BETWEEN YOU AND FreePHS.
These Terms & Conditions constitute a legal agreement between you and FreePHS. You must accept without modification all of the terms, conditions, and notices contained in these Terms & Conditions in order to access and use the services FreePHS provide. If you do not accept these Terms & Conditions in their entirety, you may not access or use the services provided by FreePHS.
FreePHS provides internet services, FreePHS reserves the right to suspend or cancel any customer’s access to any or all services provided by FreePHS when FreePHS decides that the account has been inappropriately used or otherwise. These are the terms and conditions for use of the Internet services provided by FreePHS. By purchasing services from FreePHS, you (subscribers) agree to abide by these terms and conditions. We reserve the right to change this agreement at any time without notice.
Terms modifications, FreePHS may wish to update or change the terms, conditions and notices for the service provided from time to time to reflect changes in the service, changes in the laws affecting the services, or for other good reasons. You understand that FreePHS reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions and notices. Continued access to or use of the Services provided by FreePHS after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the FreePHS Services shall be subject to the Terms & Conditions, as modified from time to time without notice.
Right to Use
Suggestions, feedback or request. FreePHS wants your voluntary feedback and suggestions on the Services we provide so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that FreePHS needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you should understand that by submitting any feedback or suggestions to FreePHS concerning the Services we provide, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting FreePHS and its affiliated companies permission to: Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to FreePHS use of the materials contained within such feedback or suggestions. FreePHS is under no obligation to post or use any materials you may provide and may remove such materials at any time at FreePHS sole discretion.
FreePHS accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away the services of their account to other parties even if it was for free or non-profitable. You are responsible for conforming to all federal, state, and local laws regarding the Internet and electronic communication. You must respect the intellectual property and copyrights of resources provided by others on the net. You may not participate in any illegal activities while using your account. You must obey the laws of the United Kingdom, England and Wales and other countries that you communicate with over the net. We cannot and do not monitor or control traffic content to/from our service. You are responsible for keeping your activities legal, and for censoring yourself and colleagues. Subscribers are not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against FreePHS. Should the posted material fall into this category, we reserve the right to immediately refuse or terminate service. FreePHS does not allow any of the following contents to be stored on any of its servers: – Illegal Material – This includes copyrighted works, commercial audio, video, or music files and any material in violation of any Federal, State or Local regulation. – Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of FreePHS. We allow adult stores, our only restriction is that there must be no pornographic images or anything deemed offensive. – Warez – Includes pirated software, ROMS, emulators, freaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material. FreePHS will terminate any account that contains any of the above mentioned contents without any warning and without refunding any payments.
- Unless indicated otherwise on the relevant Order form, the Client hereby agrees to allow FreePHS to collect and process data and information regarding the Client’s use of the Service and to provide this to sub-contractors and/or companies affiliated with FreePHS for the purposes of marketing FreePHS (or FreePHS affiliated companies) services, or other related services, or for any other purpose connected with the Agreement. FreePHS will provide the Client on request with details of all such information held by FreePHS, and will modify any information that the Client advises is incorrect.
- Subject to and in accordance with relevant data protection legislation, the Client hereby consents to allow FreePHS to collect data regarding FreePHS use of the Services and to provide such data to any governmental or regulatory body for the purpose of FreePHS compliance with any applicable laws and regulations.
- Each party shall for the duration of any Agreement governed by these Terms and Conditions comply with the provisions of the Data Protection Act 1998, (including the data protection principles set out in that Act) and any similar or analogous laws, regulatory requirements or codes of practice governing the use, storage or transmission of personal data and shall not permit anything to be done which might cause or otherwise result in a breach by either party of the same.
- FreePHS possesses the right to communicate with the Client regularly via, but not limited to, electronic means.
- FreePHS may, from time to time, send Client information relating to the services of other companies that FreePHS feels may be of interest to the Client. If the Client does not want to receive such information, it is to inform FreePHS in writing.
- FreePHS has the right to deny Customer Support to the Client if the Client fails to demonstrate to the FreePHS representative upon receipt of a phone call or e-mail by FreePHS that they are indeed the Client and therefore authorised to request that changes be made on the account. The Client acknowledges that it may not always be possible for FreePHS to guarantee that breaches will not occur and therefore agrees to cooperate with FreePHS staff in its requests for Client authentication.
High bandwidth usage: FreePHS offers an unlimited use policy by maintaining very large ratios of bandwidth and disk space per customer. In rare cases, FreePHS may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, FreePHS reserves the right to impose the High Resource User Policy for the consideration of all customers. Maniacs can offer a dedicated service to support high demand usage clients at additional cost if required.
High Resource Policy
Resources are defined as bandwidth, disk space and/or processor utilization. FreePHS may implement the following policy to its sole discretion: When an account is found to be monopolizing the resources available FreePHS reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
Data & Backup
While we do backup all data within our own internal systems we are not liable for any loss of data which may adversely affect your business. This means that if you have uploaded your product data and/or built up a database of clients and/or orders, you must keep a backup on your own machine. Subscribers agree that FreePHS has the right to delete all data, files, or other information that is stored on FreePHS servers upon termination of services, or cancellation of account due to non-payment or breaking of any of these terms by subscriber.
While FreePHSs makes all efforts to ensure the services we provide are both secure and robust, we make no claims about this security. If someone gains unauthorised access to your account they may/may not have access to customer details such as payment information, this is your responsibility. Hacking is a serious crime and effects most businesses. Should FreePHSs and/or any system provided by FreePHS suffer a breach of security we cannot be held responsible. It is the client’s responsibility to delete credit card information after processing it. Subscribers will indemnify and hold FreePHS harmless (including officers, employees, agents, and shareholders) of any and all claims, costs, expenses or liability resulting from any damage to Subscriber’s business, service, equipment, network, operations, or reputation resulting from FreePHS actions. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
FreePHS reserves the right to change prices of accounts or services at any time; all pricing is guaranteed for the period of six months from the purchase of your account, excluding government charges such as tax which can change out of the control of FreePHS. In addition, FreePHS reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a cancellation request; the Customer can request cancellation of their account and will be billed up to the first day of the following month. All Charges are exclusive of VAT and any other applicable purchase tax, import, and all other duties. Any failure by the Client to pay any fees due under these Terms and Conditions on the date specified shall be deemed to be a “material breach” of these Terms and Conditions.
FreePHS plans are on rolling contract. We don’t bound our clients in long and lengthy contracts. However, bespoke system are on minimum contract term is 12 months on single user systems and 10 months on Unlimited User systems.
FreePHS , a UK registered limited liability company, will register all UK domain names through the registrar Enom terms and conditions as displayed on their website. If you wish to make a complaint regarding a registration or usage of a domain name you will need to contact our Customer Support team on support@FreePHS.com.
Cancellation and Refund
FreePHS reserves the right to cancel the service at any time. FreePHS is subscription based system, it is fully automated. Users can cancel their payment agreement from their payment accounts (Paypal); the payment termination will also end their system usage. We don’t terminate contracts as we don’t have access to users payment accounts. However, the system will be active until the subscription ends. FreePHS automated system collect monthly payments. For example, if a client signed up on 1st October, and they terminated their payment profile in payment account (paypal) on 11th October, their subscription will be valid until 31st October; and it will terminate when it expired, we will not be responsible for the data or business loss if the customer selected to cancel or terminate the subscription.
Bespoke Development & Web Design
- The Service: FreePHS, will supply a software template for you (the “Client”) according to the Client’s specifications as set forth in a client order to be completed and submitted to FreePHS by Client (the “Client Order”) and subject to these Terms and Conditions (this “Agreement”). Upon fulfillment of the Client Order, FreePHS will deliver the work for global access and provide the Client with access code(s). The Client may add or subtract items or pages at any time during the construction process until the product is delivered and subject to additional charges and timescales as applicable. The final set-up payment will reflect those changes. A copy of these Web Pages Design Terms and Conditions and Client Order must be signed by all Clients at the time of submission of the Client Order to FreePHS , indicating agreement to and acceptance of these Web Design Terms and Conditions.
- Right to Refuse Orders. FreePHS will not design or construct web page(s) containing “adult content,” promoting violence of any kind, including an intolerance for race, lifestyle, or faith, or that constitutes harassment, defamation, libel, slander, or promotes the commission of a crime or any unlawful conduct. FreePHS shall have the right to refuse any Client Order or do business with any person or entity without liability and without explanation. This product has been built for coach operator’s and private hire companies and bonified transport organisations as such FreePHS will request supporting documents eg an operators licence as part of the set-up procedure.
- Delivery, Review and Additional Work. FreePHS will install and publicly post the Client’s pages by the date agreed upon by both Client and FreePHS , unless a delay is specifically requested by the Client. Unless otherwise specified by Client, the method of delivery for completed works, under this Agreement, shall be made through its upload to the hosting web server. All software is supplied as a Beta Version subject to development. FreePHS will provide the Client with an opportunity to review the appearance and content of Web site materials in a Beta Version prior to finalization of the pages (the “Beta Pages”). The Beta Pages will be deemed to be accepted and approved unless the Client otherwise notifies FreePHS at info@FreePHS.com within (5) business days of the date the initial Beta Pages are made available to the Client. Upon notice of requested changes, FreePHS will make changes to the Beta Pages to the extent such requested changes are within the scope of the Client Order. Following any changes to the Beta Pages as requested by Client, FreePHS will provide Client the completed pages (the “Final Pages). FreePHS will not be obligated to make any changes to the Final Pages unless the Client demonstrates the Final Pages do not comply with the Client Order. When requested by Client, the parties shall in good faith negotiate Additional Client Orders, each of which upon signing, shall be deemed a part of this Agreement.
- Payment. Charges for services to be provided by FreePHS are defined in the Client Order, which Client shall receive, execute and return to FreePHS via facsimile. FreePHS reserves the right, subject to (14) days advance email notice to the Client, to change the rates charged for any ongoing maintenance services provided to Client. Payment for services is due by credit card, cheque or bank transfer, and all payments are subject to these Terms and Conditions and the Terms and Conditions posted on FreePHS site at www.FreePHS.com pertaining to payment for use of FreePHS services. FreePHS must receive payment prior to final release of the Client Order. 5. Changes in Pricing. FreePHS reserves the right to change prices without notice. However, price changes, other than those relating to on-going supply of template, shall not be changed with respect to previously executed Client Orders.
- Termination. (a) During the construction process and not after the Final Pages are released (with the exception of the Client’s failure to make payment), the Client Order will terminate automatically upon either party providing written notice to the other indicating that the notifying party wishes to terminate the Client Order. (b) If FreePHS initiates termination, with the exception of the Client’s failure to make any payments owed thereunder, FreePHS agrees to reimburse the Client in full either by check within thirty (30) days of termination, or by cancelling any the credit card transaction(s), and FreePHS shall have no further obligations to Client nor any obligation to provide Client work that had been commenced or completed prior to termination. (c) Termination of the Client Order by Client must be sent by email to design@FreePHS.com. If Client terminates the Client Order within forty eight (48) hours after signing of contract, FreePHS shall refund twenty five (25%) percent of the total downpayment received. If Client terminates the Client Order at any time following commencement of work thereunder but prior to release of the Final Pages, FreePHS has a right to charge Client for design work performed prior to the date of first notice of cancellation based (at FreePHS discretion) upon either the hours worked up to the date of termination or for all accepted milestones and a prorated amount for partially completed deliverables. Client may not terminate this Agreement after release of the Final Pages.
- Non-Payment or Late Payment. FreePHS will not commence work with respect to any Client Order or, if work has commenced, will not continue any work on the Client Order, if it is unable to charge the Client’s credit card or to receive payment from the Client within (3) business days after FreePHS notifies Client by email concerning non-payment. If the Client Order has been completed, FreePHS will not release the Final Pages or if the Final Pages have already been released, will remove the Client’s page(s) off of the server until payment is received. FreePHS will reinstate all pages after payment in full has been received. If FreePHS found a server for Client, and the Client has not paid FreePHS before termination and before FreePHS found the server, Client’s server account will also be deleted. If FreePHS releases the Final Pages but Client fails to make all payments due under the Client Order, FreePHS also has the right to keep all payments the Client has made at any time and to pursue all collection efforts and legal remedies for unpaid work under the Client Order. FreePHS will impose a finance charge of 1.5% per month and a £10.00 per month late fee for each month that Client has not paid any outstanding balances owed under the Client Order. Clients with accounts in default agree to pay FreePHS reasonable expenses, including attorney fees and costs for collection by third-party agencies, incurred by FreePHS .
- Copyright. Client retains the copyright to data and graphic logos provided by the Client, and grants FreePHS the rights to publish and use such material in fulfillment of the Client Order. Artwork and graphic logos designed by FreePHS for use in the Client’s Web presentation will remain the property of FreePHS ; and at its discretion and under separate agreement, FreePHS will grant the Customer rights to use such material in formats other than Web presentations. Client must obtain permission and rights to use any information or files that are copyrighted by a third party and for FreePHS to include such materials in fulfilment of the Client Order. Client agrees to indemnify and hold harmless FreePHS from any and all claims resulting from the Client’s negligence, intentional failure or inability to obtain proper copyright permissions. Client represents and warrants to FreePHS that all such permissions have been obtained, and evidence of all necessary permissions may be requested from Client. Source code remains the legal property of the FreePHS.
- Standard Media Delivery. Unless otherwise specified in the Client Order, this Agreement assumes that all text will be provided by the Customer in electronic format (ASCII text files delivered on CD via overnight courier or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg or .tiff format. Additional expenses may be incurred and will be invoiced accordingly for corrective work, conversion of media or outside facility charges. Although a reasonable attempt shall be made by FreePHS to return to the Client any images or printed material provided for use in creation of the Client’s Web site, such return cannot be guaranteed. The Final Pages will be posted to a global access or FTP. FreePHS will provide the client with the user name and password.
- Marketing and Promotion FreePHS reserve the right to cite any of its clients business and/or feature client branding in its own marketing, advertising and/or general promotion. This includes but is not limited to: business name, logos, product or service brand names, and any design carried out by FreePHS including website design, HTML design, graphic design or any other type of design which resides on or is hosted by FreePHS server network.
For Those Thinking About Committing Fraud:
- 1. Card fraud is a crime and a felony punishable by heavy fines imprisonment. Fraudulent behaviour will be prosecuted aggressively and with a passion to the fullest extent of the law.
- 2. The ID and address of your computer and your ISP provider have been determined, and recorded as a safeguard against fraudulent behaviour and may be used by FreePHS or legal entities to prosecute guilty parties.
- 3. All information must match card account records as provided by the card-issuing bank. Inputting intentionally false information is fraud and will not be tolerated and may subject you to prosecution.
- 4. Card numbers are transmitted directly to the banking network for authorization. FreePHS considers fraud a direct and serious threat to our business profitability.
We do not take any effort to defraud lightly and will prosecute whenever and wherever possible to the fullest extent of the law.
Special Offers and Promotions
Any special offers or discounted rates will be exempt from the 30 day money back guarantee. Special “new customer” offers are only available to new customers. Existing and/or previous customers are not eligible for these offers.
Security Policy & PCI Compliance Maniacs fully supports third party compliance programs and as a merchant you should be fully PCI compliant follow recommended guidelines below and those on the PCI Security Standards website (https://www.pcisecuritystandards.org/). It is down to you as a merchant to ensure you are compliant.
- 1. Use a payment gateway which is PCI DSS compliant
- 2. Do not store any credit/debit card details
- 3. Do not store the CVV number of any credit card
- 4. Ensure your password is very strong and contains numbers and letters
- 5. Regularly change your passwords once per month
- 6. Do not print out or keep records of credit card numbers
Customer agrees that it shall defend, indemnify, save and hold FreePHS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against FreePHS, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless FreePHS against liabilities arising out of:
- (1) any injury to person or property caused by any products sold or otherwise distributed in connection with FreePHS server.
- (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
- (3) copyright infringement.
- (4) any defective products sold to customer from FreePHS server.
Neither party shall be deemed in default of this Agreement or the Client Order to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, or any other cause beyond the reasonable control of such party; provided, that the party whose performance is affected by any such event gives the other party written notice thereof within ten (10) business days of such event or occurrence. Web Hosting & FTP Details FreePHS software should only be hosted on FreePHS server, as we protect software code from being copied. Software remains intellectual property of FreePHS while license holder have the right to use, software cannot be resold at any form, also transferring hosting/website to different server violates our T&CS. Hosting should be renewed annually with quotation sent via email – and upon no confirmation files/database might be deleted. FreePHS Software Usage By using FreePHS system – you comply with this Terms and Condition document and it can be changed at anytime without any prior notice to system users.
Support and Development Disclaimer
FreePHS will not be responsible for any damages your business may suffer, FreePHS makes no warranties of any kind, expressed or implied for services we provide. FreePHS disclaims any warrantor merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by FreePHS and its employees. FreePHS reserves the right to revise the above mentioned policies at any time.