Terms and conditions

Terms and Conditions of Services

am:pm online solutions Terms and Conditions of Supply and Service of Products. By placing an order with am:pm online solutions, you confirm that you are in full agreement with and bound by the terms and conditions shown below:

1.0 Definitions:

The Client: The company, associate, affiliate or individual requesting the services of

'The Company':

am:pm online solutions: 'The Company', the owner, employees, associates, affiliates

2.0 General Terms and Conditions

'The Company' will carry out work where an agreement is provided orally or when an agreement is provided by letter, email, telephone, mail or fax.

'The Company' will carry out work only for clients who are 18 years of age or above.

An 'order' is deemed to be a contract whether written or verbal between 'The Company' and the client.

All products and services remain the property of 'The Company' until paid for in full.

'The Company' reserves the right to modify these terms and conditions at any time.

3.0 Internet Services, Website and Online Shopping Website Design and Hosting 'The Company' reserve the right to refuse to construct or host a website or an online shopping website which we may judge as unfit due to content or otherwise. This includes sites that contain:

Adult orientated material

Promotes hatred towards any minority group, religion, sexual orientation

Breaches copyright

Promotes or sells illegal material, counterfeited or fake goods

Displays Adult / Pornographic material

Conducts any fraudulent or illegal business activities which are being investigated by Law Enforcement Agencies, Fraud Squad and / or Trading Standards Agencies

Promotes any illegal activity contrary to UK, US, European, Asian, African or any localised Laws

This list is by no means exhaustive

Whilst 'The Company' will make every effort to ensure that the website and any programming scripts are free of errors, we cannot accept responsibility for any losses incurred due to the malfunction of the website or any part of it.

The service of the design and creation of a website and any specialist graphics utilised in this creation remain the property of 'The Company' until payment has been made in full after which they can only be used as part of the website and hosting service package provided by 'The Company'; At no stage will the website, in full or part thereof, and any specialist coding / graphics created be transferred to the client. Only the original contents provided to 'The Company' by the client will be returned to the client, in their original formats, in the case of any dispute / legal dispute whatsoever. 'The Company' may at its discretion provide any additional information it feels fit to the client.

Any programming scripts, techniques, database creation and programming, asp scripts, cgi applications, php scripts, domain setup, email setup...etc. that are created / written by 'The Company':

Remain the property and copyright of 'The Company'

Cannot be copied, replicated, reverse-engineered, commercially reproduced, resold...etc. without the permission of 'The Company' will not be transferred to the client

Under no circumstances will any 'The Company' Intellectual Property (IP) relating to the website / files/ documents containing programming scripts, methodologies, techniques, database creation and programming, asp scripts, cgi applications, php scripts, mail setup...etc be transferred to the client

'The Company' cannot take responsibility for any losses incurred by the use of any website solution created for the client. Whilst 'The Company' will make every effort and ensure care has been taken to provide a solution that is problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Where the client chooses to host our website and or solutions on servers or hosting of their own choice, the client is expected to provide or seek any information, additional software, support or co-operation regarding the server or hosting required in order for the application to be correctly developed. 'The Company' will not be held responsible for any failure in other hosting and server equipment, software or services.

The client is expected to test fully any application or programming relating to a site developed by 'The Company' before being made generally available for use to their customers. Where errors, bugs, malfunctions or other issues are highlighted after the website is live, 'The Company' will endeavour, but is not obliged, to correct these issues to meet the standards of function outlined in the brief.

3.1 Website Hosting, eMail Services and Compatibility

All websites solutions will be hosted on 'The Company' hosting facilities which consist of Virtual Private Servers (VPS) and dedicated servers.

'The Company' will allocate each client a specific amount of disk space for their website; If this amount of disk space is exceeded a monthly fee for additional disk space will be chargeable.

'The Company' will allocate each client a specific amount of bandwidth (data traffic / number of hits per month) for their website; If this amount of bandwidth is exceeded a monthly fee for additional disk space will be chargeable. In extreme situations where a websites bandwidth is putting a constraint on the server and other websites hosted on that server the client will be asked to attain a dedicated server just for their own website. If this option is not taken up then the bandwidth will be capped and any bandwidth usage exceeding this limit will not be allowed. 'The Company' will not be held responsible for any loss or potential loss of revenue / business / funds...etc due to this capping of the bandwidth.

'The Company' will allocate each client with a specific number of email addresses with a disk space limit for each account. Any additional emails required will be subject to a small charge. These email services will be regularly updated so it is the responsibility of the client to ensure that they have a good backup of these emails in printed format or saved elsewhere on their computer systems.

'The Company' does not allow for 'bulk emailing' / 'spamming' via its system. Any client found in breach of this will have its services terminated.

'The Company' will not be held responsible for any loss or potential loss of revenue / business / funds...etc due to email services being interrupted, infiltrated by illegal means (hacking, phishing...etc), problems with Internet Service Providers (ISP) service or being closed down for whatever reason.

'The Company' will endeavour maximum uptime of all our hosting services but cannot be held responsible for any loss of turnover, business, profit, money, revenue, custom, indirect, consequential or special loss, or loss of data due to any downtime on any of its hosting facilities, eMail services or servers 'The Company' will endeavour any agreed third party software integration into the website solutions functions correctly; in particular online payment gateways such as Paypal, WorldPay, Google Checkout, Merchant Banking payment gateways but will not be held responsible for any losses however occurred with these payment gateways. If third party software is incompatible with our solutions or if it needs tailoring to work with our website solutions then this will be chargeable at the current rates in force.

'The Company' will not be held responsible for any losses however incurred by the client in events such as breach of security of the website, computer virus attack on the hosting services, phishing or any illegal attempts by third parties to try and attain confidential data or material.

'The Company' will provide telephone service support between the hours of:

09:00 to 17:00 Service Level Agreement 1

09:00 to 21:00 Service Level Agreement 2

These service level agreements are payable annually in advance and the relevant agreement is to be taken out at initial hosting of the website. Our Standard Service Level Agreement is Service Level Agreement 1.

3.2 Website / Online Shopping Website Hosting / Dedicated Servers and Email Services Fees:

All hosting services, whether shared hosting or dedicated server hosting, is payable in full in advance. Any hosting services not paid within terms stipulated on our invoice will be withdrawn and you website will be taken offline. The website will only be re-instated back online once the outstanding invoice is PAID IN FULL.

An administration fee will be chargeable to re-instate this website online.

eMail Services Fees:

All eMail services that are provided are payable in full in advance. Any eMail services that are not paid within terms stipulated on our invoice will be withdrawn and you will lose access to your emails. The eMail services will only be re-instated once the outstanding invoice is PAID IN FULL.

An administration fee will be chargeable to re-instate the eMail services.

'The Company' will endeavour to respond to all technical email inquiries within 2 working days.

'The Company' will endeavour to ensure that any website designed and developed will function correctly on the server it is initially installed on and that it will function correctly when viewed with standard web browsing. 'The Company' cannot guarantee correct functionality in all browsers.

3.3 Copyright Material

'The Company' cannot take responsibility for any copyright infringements caused by materials submitted by the client.

This collation, usage and distribution of the material is the sole responsibility of the client. Please note that the Company will, if ordered by legal authorities, close down a site that has breached copyright regulations. 'The Company' will also close down a site that contains illegal information as mentioned above as well as the following:

Promotes hatred towards any minority group, religion, sexual orientation

Breaches copyright

Promotes or sells illegal material, counterfeited or fake goods

Displays Adult / Pornographic material

Conducts any fraudulent or illegal business activities which are being investigated by Law Enforcement Agencies, Fraud Squad and / or Trading Standards Agencies

Promotes any illegal activity contrary to UK, US, European, Asian, African or any localised Laws

This list is by no means exhaustive

'The Company' reserve the right to refuse to use any material of a copyrighted nature unless adequate proof is given of permission to use such material.

The client agrees to make available as soon as is reasonably possible to 'The Company' all contents (digital images, documents) in electronic format that maybe required to complete the site to the agreed standard and within the set deadline.

'The Company' will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

'The Company' will not be liable or become involved in any disputes between the site owner and their customers / clients / legal authorities and cannot be held responsible for any legal conflict between the two.

'The Company' provides the service of creating websites and hosting websites and cannot be held responsible for the contents of the website, the way the client promotes the websites, any financial transactions performed on the website, any disputes that arise between the client / customer / financial institutions / legal authorities. 'The Company' has no legal association with any website it creates for its clients and will not be held responsible for any legal disputes that arise between relevant parties. 'The Company' will turn a site offline or close it down in cases where legal authorities are involved or if we are requested to by legal authorities. In serious disputes, where customers are not receiving goods that are advertised on the website that have been ordered and have been paid for or where legal authorities are involved 'The Company' will terminate the web hosting services provided to the client with immediate effect.

'The Company' will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

'The Company' will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by 'The Company' and / or its agents.

3.4 Matters beyond our control

'The Company' will not be held responsible for any situations that our beyond our control. For example:

Destruction of servers due to fire or water damage at our partners hosting centres Loss of service due to malicious software / virus orientated attacks on our servers

Theft of servers from our partners secured hosting centres

Any downtime of website or online shopping website due to problems with our services and / or servers.

Any problems with third party software / payment gateways service being going down, failing, interrupted or experiencing compatibility issues.

'The Company' will not be held responsible if our web hosting providers close down a website or certain pages of contents of the website if these contents breach their terms and conditions; especially any contents that promote hatred towards any minority group, religion, sexual orientation, contents of adult / pornographic material, breach any copyright issues, promotes or sells illegal materials and / or counterfeited / fake products, conducts any fraudulent business, conducts any illegal business activities which are being investigated by Law Enforcement Agencies, Fraud Squad and / or Trading Standards Agencies, promotes any illegal activity contrary to UK, US, European, Asian, African or any localised Law.................. This list is by no means exhaustive.

'The Company' will liaise with the web hosting providers in the case of a dispute but will not be held responsible if the service / hosting space for the website is terminated, the website is turned offline or the website is shut down. 'The Company' will not be responsible for finding a new web hosting service provider and will not be obliged to host the site on a different web hosting server. In serious disputes, where customers are not receiving goods that are advertised on the website that have been ordered and have been paid for or where legal authorities are involved the web hosting providers / 'The Company' will terminate the web hosting services provided to the client with immediate effect. Although we utilise only the very best hosting providers in the UK we cannot be held responsible if any of our hosting partners experience business difficulties, closes down, is being taken over

Any illegal attacks and / or hacking attempts on our hosting services and / or our servers

Any loss of service of broadband by its respective Internet Service Provider (ISP) and subsequent delays in retrieval of emails, loss of emails, reconfiguration of email services.

Any networking related issues involving compatibility or network functionality.

4.0 Specialist Computer Hardware Supply and Computer Networking Services

'The Company' will only supply genuine UK quality marked products.

'The Company' will only utilise industry standard computer networking components and cabling in all our networking services and solutions.

'The Company' require that all software needed for a network installation (operating systems, office applications, security software, software drivers…etc) is 100% legal and that the correct licencing has been purchased. In the event where software drivers or other information needs to be downloaded by 'The Company' then this will be done on a chargeable basis.

All products supplied by 'The Company' will comply with UK standards and will be warranted for a period of 12 months, unless specified. Any extended manufacturer's warranty taken out by the customer is between the customer and the manufacturer.

All computer software will be genuine manufacturer’s software.

All laptops are ordered specifically for customers and therefore will not be exchanged for different models or refunded so please take care when purchasing. We will replace any laptops that are faulty with 7 working days; after which the manufacturer's warranty will start to take effect.

5.0 Recovery Services / Data Backup

'The Company' will only provide an in-house data backup and recovery service, we do not sub contract any work.

'The Company' will take extreme precautions and will make every effort to try and recover data from damaged hard disks and other media.

Although every effort will be made 'The Company' will not be held responsible for any failure to recover any data.

All faulty products that belong to the client will be disposed off by 'The Company' accordingly.

'The Company' will not provide a refund for software that has been opened. If the software is faulty we will provide a replacement once we have determined that the software has a manufacturer fault.

'The Company' will not be held responsible for any loss of turnover, business, profit, money, revenue, custom, indirect, consequential or special loss, or loss of data due to any failure in computer hardware or software or in the event that we cannot recover data from media provided to us.

6.0 Computer Hardware and Computer Software Sales

7.0 Payment Terms for Internet Services, Website Design, Online Shopping and Hosting

A deposit of 50% of the total invoice including Value Added tax is payable on the commencement of the website project.

The remainder of the invoice is payable on the hosting / commencement of the website project.

'The Company' reserves the right to suspend work on the website project if payment terms are not adhered to by the client and under such circumstances will not be held responsible for loss of earnings due to the failure to meet agreed deadlines.

If after completion of the website project payment is not made to complete the remaining balance as indicated on the invoice 'The Company' reserves the right to take the site off line. 'The Company' reserves the right to refuse to reactivate the site and to put it back online. 'The Company' will at its discretion reactivate the site once the entire invoice amount has been paid in full and this reactivation will be subject to an administration fee.

If the client decides they no longer want the site for whatever reason, they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken.

If 'The Company' discovers that the site contains any of the following activities, it will take the site of line:

Promotes hatred towards any minority group, religion, sexual orientation

Breaches copyright

Promotes or sells illegal material

Conducts any fraudulent or illegal business activities which are being investigated byLaw Enforcement Agencies, Fraud Squad and / or Trading Standards Agencies

Promotes any illegal activity contrary to UK, US, European, Asian, African or any localised Laws....This list is by no means exhaustive

7.1 Payment Terms for Data and Computer Services and Other Services

All products and services provided are to be paid for in full as mentioned in our terms on our invoices. Failure to comply with terms will result in withdrawal of services and with may result in legal action against the client.

8.0 PRIVACY POLICY AND CONFIDENTIALITY

'The Company' will treat all client information with total privacy and total confidentiality.

9.0 DATA PROTECTION

'The Company' will treat all customer data (personal details, email addresses…etc) with total confidentiality.

'The Company' will not supply or hire or sell this data to any external organisation.

10.0 INDEMNIFICATION

The client agrees that it shall defend, indemnify, save and hold 'The Company' harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against 'The Company', its agents, its associates, its officers and its employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold to the customer, its agents or its employees.

The client agrees to defend, indemnify and hold harmless 'The Company' against liabilities arising out of:

(1) Any injury to person or property caused by any products sold or otherwise distributed in connection with 'The Company'' services;

(2) Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;

(3) Copyright infringement and

(4) Any defective products sold to the client by 'The Company', its owner, its, employees, its associates or its affiliates

11.0 DISCLAIMER

'The Company' will not be responsible for any damages your business may suffer. 'The Company' makes no warranties of any kind, expressed or implied for services we provide. 'The Company' disclaims any warranty or merchantability or fitness for a particular purpose, this includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by 'The Company', its owner, its, employees, its associates or its affiliates.

'The Company' reserves the right to revise its policies at any time.

12.0 COMPLAINT PROCEDURES

Anyone who experiences a problem with the service provided 'The Company' should raise the matter directly with the customer services department on 0161-637-7980 or emailing us on cs@'aaampm.com clearly outlining the problem or the nature of the complaint:

'The Company' will initially respond to the complaint within 5 days with a view to resolving the matter as quickly as possible. More serious complaint(s) may take up to 30 days to resolve.