Opal Terms and Conditions

Throughout this document, Opal Creations, any and all staff collectively, will be referred to as Opal. If you or your organisation sign up to any of our services, or buy any of our products, then you agree to be bound by all of the terms and conditions. They will be provided in an electronic format to all new Opal Clients.

Hosting / Server Usage

As part of your website package you will provided with a server that will host your website. The type of server will be based on your web design package and budget. Opal reserves the right to refuse service and /or access to its servers to anyone.

Opal do not allow any of the following content to be stored on its servers:

• Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any UK legislation.
• 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 Opal.
• Warez - Includes pirated software, ROMS, emulators, phreaking, 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.

Database Usage Policy

If you exceed the limits on our database products (MS SQL and MySQL) then we will automatically charge you for the additional space you use at our current prices. Currently the only limit applied to database usage is the number of databases you can have under one hosting account. If Opal deem you as an excessive user, we reserve the right to move you to an alternative, more powerful database system if you wish to continue using our services.

Unlimited Use Policy

High bandwidth usage: Opal offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Opal 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, Opal reserves the right to impose the High Resource User Policy for the consideration of all customers. Please see below.

High Resource Use Policy

Resources are defined as bandwidth, processor utilization or disk space.

Opal may implement the following policy to its sole discretion:

• When a website is found to be monopolising the resources available on our shared hosting platforms, Opal 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.
• Customers may be offered an option whereby Opal continues hosting the website for an additional fee by moving to a dedicated server.

Support - General and Technical

We will endeavour to provide a continuous high quality service. If you experience problems with your services, you should consult our support website: http://www.opal-creations.co.uk/support/.

Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. We may not have time to notify clients however you will be able to check the status of any problems at our web hosting status website.

Reselling of Services & Products

All hosting accounts are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting services of their website to other parties.

Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.

We do have several reseller and trade packages, please view our partner pages for more information.

Any sites resold remain the property of Opal Creations. Hosting with Opal Creations is mandatory for any reseller websites unless explicitly requested and approved. Should a reseller or a client of a reseller require a transfer externally then Opal Creations will not be able to assist with labour time. We will provide control panel details to allow you to move yourself. You will then need to modify and software built to match your server. As soon as a site leaves our servers we forfeit all responsibility to it. We will not consider fixing any problems externally.

Payment Policy

Accounts remaining unpaid after 30 days from the date of the invoice will be deemed to be in default until such time as full payment is received. Opal will at its discretion, disable or remove websites and other files for any client in default of payment. Such disabling or removal of material will not relieve clients of their obligation to pay any outstanding charges. For all accounts in default, Opal reserves the right to charge incremental interest at the rate of 1% per day of the incrementing outstanding balance. For all accounts in default, Opal may send reminder letters every seven days until such time as the debt has been paid. These letters may incur a charge of £10 each for labour charges.

Cheque's returned unpaid due to insufficient funds will incur a service charge of £25. If an account remains unpaid after 56 days of the date of the invoice, then Opal will commence legal proceedings to recover the debt. The client will be held liable to all costs incurred by Opal in recovering the debt, including any legal costs.

Delivery Policy

When you sign up to our services, Opal will issue a delivery time scale for the completion of these services. Due to the nature of our services, every product will take a different amount fo time to complete.

After the initial quote, we will request a minimum deposit of 20% before we carry out any work. The remainder of the balance will be due within 30 days of the artefact's completion date.

Delivery times may be as soon as 3 days, or as long as 6 months depending on the project.

Cancellation and Refund Policy

Opal reserves the right to cancel any service at any time. Hosting and promotion services are non-refundable. Web design costs may be refunded at Opal's discretion and dependant upon work completed so far. If a customer contravenes Opal's terms of service, a refund will not be issued in the event of a cancellation.

Customers may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.

Cancellation of services, such as Opal's hosting and maintenance of websites, must be requested in writing. Telephone or email requests for termination of services will not be accepted. Opal will require a minimum of 7 days notice of termination. If for any reason (except breach of UK laws by the website owner) Opal have to terminate a service such as hosting, we will give 7 days notice of our intention to terminate the account.

Once hosting and supplements have been configured and set up by Opal, no hosting refunds can be issued.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Opal harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Opal, 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 Opal against liabilities arising out of:

1. any injury to person or property caused by any products sold or otherwise distributed in connection with a Opal server,
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 customer from a Opal server.

Opal will not be held liable for any data you as the customer, stores on your servers. We will not be liable for any data loss as a result of hack attempts.

Facebook Software Applications

All users of any Opal facebook application that we develop will relate to this privacy policy statement:

"Opal will store your core information including your name, username and email. We will not publish them to any other user or use them in any 3rd party application. None of your personal data will be stored unless explicitly stated. You can opt to have all data relating to you removed from any of our services by simply raising a ticket in our support centre. Our apps are for your user experience, not our data collection so feel safe knowing we comply with all facebook privacy policies."

Should you have any questions on our statement, please contact us.

Disclaimer

Opal will not be responsible for any damages your business may suffer. Opal makes no warranties of any kind, expressed or implied for services we provide. Opal does not back up your data/website unless it is placed on a load balanced server or a backup service has been purchased, and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Opal cannot guarantee to be able to replace lost data. It is the clients responsibility to keep backups of any web files, emails or databases. Opal disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Opal and its employees. Opal reserves the right to revise its policies and terms at any time.