Terms and Conditions of Hosting

You indicate acceptance of these web hosting terms and conditions by agreeing for eckhoMedia to host your website and email accounts. These terms and conditions will not be varied for individual customers.

1. Definitions

In this agreement, the following words and expressions shall have the following meanings:

Downtime means any service interruption in the availability of the website to visitors
Intellectual property rights mean the patents, trademarks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, where registrable or not in any country.
eckhoMedia means eckhoMedia Limited who registered office is eckhoMedia, Spike Design, 133 Cumberland Road, Bristol, BS1 6UX.
Client means the customer who have purchased a hosting solution from us to host their website and/or email accounts.
IP address stands for internet protocol address which is the unique numeric address assigned to each of the eckhoMedia servers.
ISP stands for internet service provider.
Server means the physical hardware operated by eckhoMedia in connection with the provision of the hosting services.
The Services means website hosting, email hosting, domain name registration, backup and any other services or facilities provided by eckhoMedia.
Spam means sending unsolicited and/or bulk emails.
Virus means a computer programme that copies itself or is copied to digital computer media and destroys, alters or corrupts data, causes damage to files or creates a nuisance or annoyance to the user and includes programs sometimes referred to as worms or Trojans.
Visitor means a third party who has visited the client’s website.
Webspace means the server space that has been allocated to the client for their exclusive use.
Third parties mean organisations or individuals who are not associated with eckhoMedia.
Registered company means a business or entity registered under the Companies Act 2006.
The headings found in this agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this agreement.

2. Introduction

The client wishes to provide eckhoMedia with data that will be hosted on the eckhoMedia hosting environment and made accessible to the internet.
eckhoMedia provides web hosting services and has agreed to host the client’s data up the following terms and conditions

3. Duties

eckhoMedia shall provide to the client the services specified in their order subject to the following terms and conditions.
The client shall deliver to eckhoMedia the website and the software used in the website which is owned by the client, or licensed to them by a third party or from eckhoMedia in a format specified by eckhoMedia.

4. Charges and Payments

We accept payment via bank transfer, PayPal, Direct Debit and standing orders.
eckhoMedia do not accept cheques, postal orders, cash or any other form of payment other than those outlined above unless otherwise agreed at the time that the invoice is raised.
The charges are exclusive of VAT, which is applicable shall be paid by the client.
eckhoMedia shall be entitled to charge a late payment fee for the failure to pay an invoice for the hosting services that eckhoMedia provide to the client.
If it is necessary for us to issue you with invoices or other documents by post, we will add the cost of producing and sending these documents to your account.
Refunds will not be issued for services that are cancelled before the end of the hosting period.
All hosting services will renew until cancelled by the client. eckhoMedia will email the customers primary email address with an invoice after the renewal date with an invoice for the next hosting period, it is the clients responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Clients must notify us at least 30 days before a service is renewed if they wish to cancel that service, hosting expiration dates can be found in your account. The cancellation process must be fully completed by you before your account is cancelled.
In the event that the client, as an individual, engages eckhoMedia in the provision of services on behalf of a registered company the individual agrees to be bound to, and take responsibility for, complying with all terms under this agreement should the registered company be unwilling or unable to be bound to, or take responsibility for, complying with all terms under this agreement.
You are required to have a valid email address and payment method in order to pay for your hosting services, constant failure to pay hosting service invoices will result in suspension of your hosting account, repeated failures will be liable to termination of hosting services.

5. IP Addresses

eckhoMedia shall maintain control and ownership of the IP address that is assigned to the client as part of the services and reserves the right in its sole discretion to change or remove any IP addresses where necessary.
Where eckhoMedia changes or removes, any IP address the work will be completed to avoid any disruption to the clients hosting service.

6. Software Licence and Rights

If the customer requires the use of software owned by or licenced to eckhoMedia, in order to use the services eckhoMedia grants to the clients and its employees, agents and third party consultants a royalty free, worldwide, non-transferrable, non-exclusive licence to use eckhoMedia software in object code form only, in accordance with the terms of this agreement. For the avoidance of doubt, this agreement does not transfer or grant the client any right, title, interest or intellectual property rights of eckhoMedia software.
In relation to the eckhoMedia obligation under this agreement in connection with the provision of the services, the client grants eckhoMedia a royalty free, world-wide, non-exclusive licence to use the client software and all text, graphics, logos, photographs, images, moving images, sounds, documents and any other related material featured, displayed or used in or in relation to the website and forms the content. For the avoidance of doubt this agreement does not transfer or grant eckhoMedia any right, title, interest or intellectual property rights in the client software or content.
The client undertakes that they will not either their self or through any third part, sell, lease, licence or sublicense eckhoMedia software.
eckhoMedia may make copies of the client content as may be necessary to perform its obligations under this agreement, these include backup copies and development copies. Upon termination or expiration of this agreement eckhoMedia will destroy all such copies of the content and other materials provided by the client as and when requested by the client.

7. Service Levels and Data backup

eckhoMedia shall use its reasonable endeavours to make the server environment and the services available to the client 100% of the time, but because the services are provided by means of third party computer and telecommunications systems eckhoMedia makes no warranties or representations that the service will be uninterrupted or error-free and eckhoMedia shall not, in any event, be liable for interruptions of service or downtime of the server environment.
eckhoMedia carries out data backups for use by eckhoMedia in the event of system failure, eckhoMedia do not provide data restoration facilities for individual customers for a specific problem caused by the client. Even though every effort is made to ensure data is backed up correctly eckhoMedia accepts no responsibility for data loss or corruption.

8. Acceptable Use Policy

The website and use of the services may be used for lawful purposes only and the customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the client agrees not to:
Use, or permit the use of, the services or the website in any way to send unsolicited commercial email or spam, or any similar abuse of the service that eckhoMedia provides to the client. eckhoMedia reserves the right to determine what constitutes spam and terminate or suspend all services, without prior notice, of any customer disregarding this policy. A client will be charged a fee of £60 plus an additional £40 per hour administrative charges to cover the costs associated with any damage to our servers where accounts are terminated or suspended due to spam.
Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities.
Publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information which infringes any intellectual property rights via the services or on the client’s website.
Threaten, abuse, disrupt or otherwise violate the rights (including the rights of privacy and publicity) of others.
Engage in illegal or unlawful activities through the services or via the website.
Make available or upload files to the website or to the services that the client knows contain a virus, worm, Trojan or corrupt data.
Obtain or attempt to obtain access, through whatever means, to areas on eckhoMedia server environment which are restricted or confidential. This includes leaving your home directory whilst using SSH access to hosting space.
Operate or attempt to operate IRC bots or other permanent server processes.
The client has full responsibility for the content on the website, for the avoidance of doubt eckhoMedia is not obliged to monitor, and will have no liability for, the content of any communications transmitted by the services provided.
If the client fails to comply with the Acceptable Use Policy outlined above eckhoMedia shall be entitled to withdraw the services and terminate the clients account without notice.

9. Alterations and Updates

All alterations and updates to the website shall be made by the client using the online account management facility or FTP access where necessary. The client will be issued with login credentials in order to access their website account. The client must take all reasonable steps to maintain confidentiality of these login credentials. If the client reasonably believes that this information has become known to any unauthorised person, the client agrees to immediately inform eckhoMedia so that the details can be changed to prevent unauthorised access or changes.

10. Warranties

The client warrants and represents to eckhoMedia that eckhoMedia’s use of the content or the client software in accordance with this agreement will not infringe the intellectual property rights of any third party and that the client has the authority to licence the content and the client software to eckhoMedia.
All conditions, terms, representations and warranties that are not expressly stated in this agreement, whether oral or in writing or whether imposed by statue or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular, and without prejudice to that generality eckhoMedia shall not be liable to the client as a result of any viruses introduced or passed on to the client.

11. Indemnity

The client agrees to indemnify and hold eckhoMedia and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against eckhoMedia arising out of any breach by the client of the terms of this agreement or other liabilities arising out of or relating to the website.

12. Limitation of Liability

Nothing in these terms and conditions shall exclude or limit eckhoMedia liability for death or personal injury resulting from eckhoMedia’s negligence or that of its employees, agents or sub-contractors.
The entire liability of eckhoMedia to the client in respect of any claim whatsoever or breach of this agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services under this agreement in respect of which the breach has arisen.
In no event shall eckhoMedia be liable to the client for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or eckhoMedia had been made aware of the possibility of the client incurring such a loss.

13. Term and Termination

This agreement will become effective on the date the service is commenced and shall continue until terminated by either party or in writing by giving at least 30 days’ notice of intention to terminate the agreement.
eckhoMedia shall have the right to terminate this agreement with immediate effect by serving notice in writing to the client if the client fails to make any payment when it becomes due.
eckhoMedia shall have the right to terminate this agreement by serving notice in writing to the client that the agreement will not be renewed at the next renewal or expiry date.
Either party may terminate this agreement forthwith by notice in writhing to the other if:
The other party commits a material breach of this agreement and, in the case of a breach capable or being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so, or:
The other party commits a material breach of this agreement which cannot be remedied under any circumstances; or:
The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
The other party ceases to carry on its business or substantially the whole of its business; or
The other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
Any rights to terminate this agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this agreement as at the date of termination.
On termination all webspace and email data held in the client’s account will be deleted. Billing and other administrative records will be retained in-line with current legislation.

14. Assignment

eckhoMedia may assign or otherwise transfer this agreement at any time.
The client may not assign or otherwise transfer this agreement or any part of it without eckhoMedia prior written consent.

15. Force Majeure

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

16. Severance

If any provision of this agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

17. Notices

Any notice to be given by either party to the other may be sent by either email or post to the address of the other party as appearing in this agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, or if sent by post shall be deemed to be served 2 days following the date of posting.

18. Entire Agreement

This agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This agreement may be updated without notice.

19. Governing Law and Jurisdiction

This agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

20. Domain Name Registration

Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it eckhoMedia will provide a full refund for that domain name.
For domain names that we manage we will automatically re-register for the client on the client’s behalf and the cost of the domain registration will be invoiced to the client.
If a client no longer requires a domain name, the client must notify eckhoMedia in writing at least 30 days prior to renewal otherwise renewal fees will still be incurred.

21. Scripting

eckhoMedia are not directly responsible for client programming issues other than ensuring that programming languages such as PHP are installed and functioning on the server environment.

22. Privacy

To protect your privacy eckhoMedia will not distribute your details to third parties, unless required to do so by law.
eckhoMedia will from time to time use your email address to send you correspondence associated with your services or to update clients on essential information.

23. Data Transfer

Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be upgraded to an account that has more data transfer included, or an average charge applied to your account for the amount of data transfer used.
Web hosting accounts are prohibited from hosting file distribution websites, adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.

24. Server Usage

Should your account use more than 5% or the servers processing power and as a result have a detrimental effect on other customers eckhoMedia will discuss with you an alternative solution for your hosting service.

25. Email Newsletter

eckhoMedia communicates with its customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notifications of major changes, updates to our products and features as well as special offers.

26. Webspace Usage

Webspace is available for genuine website content and website databases, content must be linked into web pages. Clients are prohibited from using the server as a file/backup repository. Clients are expected to employ good housekeeping when maintain their account and to ensure that any software is kept up to date with security patches and apply when needed.

27. Email Accounts

Email accounts that have not been accessed for 100 days or more will be removed from the email system.
It is the client’s responsibility to ensure reasonable housekeeping of their email account which includes clearing out Spam and emptying Trash folders.
Email accounts should not be used by the client to send large mail attachments, when this is required file transfer services should be used as an alternative to ensure integrity of client’s email data.
We do not setup or create email forwarders to third party email providers like Hotmail, Gmail or Aol. This is to ensure a safe, secure and problem free hosting service to all clients.

28. Joint Venture or Partnership

Nothing in this agreement shall be construed as creating a partnership, joint venture or an agency relationship between the parties and neither party shall have the authority or power to bind the other party or to contract in the name of us or create a liability against the other party.

William M.

18:03 07 Dec 22

Rick and Simon were excellent. They made sure they listened to my needs and guided me when I needed their expertise. They were a great help throughout the process and were happy to fix any bugbears I may have had. I am very pleased with the proffessionalism of the team and would use them again in a heart beat!

Andrew M.

12:39 16 Nov 22

eckhoMedia have been a great company to work with, we found Rick and Simon to be very efficient and trustworthy. Our project took 6 months with a completely new look of our website and we were always well informed each step of the process. They are highly skilled, technical issues are quickly resolved, we enjoyed working with the company, their service was transparent with good communication, keep up the good work guys!

Nick J.

14:31 27 Oct 22

We've only been working with eckho for a short time so far, but it's clear already that they're a cut above the rest in their capabilities and communication. Very happy

kevin T.

11:36 19 Oct 22

EckhoMedia are the fourth web developers we have worked with in the last 15 years and by far the best. Very professional work and easy to work with.

Kinetic Alliance L.

13:00 13 Apr 22

We starting working with eckhoMedia towards the end of last year (2021), for a complete re-design of our website. Our current website was not meeting the business needs. We set a call with Rick and Simon, who both took the time to understand our business and created a fantastic looking website, which we are very proud of. The journey from start to finish was flawless and both Simon and Rick were on-hand every step of the way, to ensure the best possible outcome. I couldn't recommend them highly enough.If you're thinking to freshen up or change your website then look no further than eckhoMedia and book and call with Simon & Rick.Thank you eckhoMedia for a great website and hosting platform!!!

james de S.

09:45 24 Mar 22

Good

Jon R.

15:11 12 Jan 22

Simon recently helped us in developing our new website. Everything was completed on time and on budget and we are very happy with the website and the customer service we received. Highly recommended.

Sarah C.

09:31 10 Sep 21

The eckhoMedia team were excellent throughout the redesign and redevelopment of our Jenkins Developments Ltd website. They were proactive keeping the project on track and punctual meeting deadlines. Would highly recommend.

Caroline K.

00:50 04 Mar 21

We've been working with Eckho for 6 months now and they've been incredibly responsive to issues and the knowledge they have has resolved issues very quickly. Also super friendly and good personal understanding of the issues. Highly recommended!

Jay D.

11:33 30 Jun 20

Following a platform migration a client’s site was complete blown and urgent remedial work was required.Contacted Rick and his team at eckhoMedia who quickly provided a path to recovery and method of bringing the site back online and running on their hosted solution.I can’t recommend highly enough the professional and efficient service recvd in dealing with this issue and the long term pathway for the client.I will certainly be using them again in the future!

freek V.

12:38 06 Mar 20

We have worked with eckhoMedia now on a number of projects and we continue to be impressed. It is refreshing to work with a company that has such good, open and clear communication and does exactly what they promise to do. They are pro-active, and we always feel we know where we're up to with the projects.In short, great company, can't recommend them highly enough.

Gavin C.

17:18 16 Feb 20

I have worked with eckhoMedia on a number of occasions and found them to be reliable, professional and always willing to go the extra mile to ensure a successful project. Simon and Rick are knowledgeable, friendly and extremely competent. I have no hesitation in recommending their website development skills to anyone looking for website developers.

Evoke Pictures Bristol Wedding P.

16:56 04 Feb 20

An amazing service from start to finish with professional support in all areas of our website advising on design, SEO and functionality.Couldn’t fault them!

Matthew W.

13:04 04 Feb 20

We (Dragonfly Leisure) recently commissioned EckhoMedia to overhaul and update our website. We were delighted with the result and more importantly so were our customers! They provide fantastic support and nothing is ever too much trouble. We've been using EckhoMedia for 7 years now and would definitely recommend them.

Alex C.

14:10 19 Dec 19

Very pleased with the website echkoMedia built us. Not only does it look fantastic, but it's been built in a way that makes it very easy to maintain. Would definitely recommend echkoMedia to anyone looking for a website.

Ardo_mums_ U.

09:28 06 Mar 19

We have recently started working with the guys at eckho and we have been so impressed with their knowledge, and their efficiency in getting the work done, say they are going to do it and it is booked in and done.

Jane F.

09:46 30 Jan 19

Excellent service. Very informative, prompt and easy to contact. Response time is great and they always get the job done.

Alice M.

16:18 25 Jan 19

EckhoMedia have been extremely helpful and efficient in answering all our queries regarding our website. Their communication is excellent and we would highly recommend their service!

Dawn H.

14:11 25 Jan 19

These guys have been brilliant!! They have certainly saved our skin a few times. Really nice people to work with, prompt and efficient. Would definitely recommend.

Nicky H.

13:35 25 Jan 19

Exceptional service. Very prompt to respond to any requirements and changes which has been brilliant. They are very easy to communicate with. Eckhomedia's technical work and guidance assisted the charity in updating their website with no hitches.

Kiki P.

15:01 28 Dec 18

Top notch job done with logo design and web design. Highly recommend.

Danielle B.

10:35 28 Dec 18

Exceptional service. Very prompt to respond to any requirements and changes which has been brilliant. They are very easy to communicate with. I have also been really impressed with Eckhomedia's technical work and guidance.

charlie G.

07:38 04 Apr 18

It was great working with Rick. We couldn't be happier with the website and service provided. There were a lot of changes ongoing from our side throughout the process, Rick was always flexible in his approach.

Richard B.

15:07 14 Mar 18

Excellent, professional and attentive service from Echomedia. Highly recomended for web design and social media management. Simon and his team are a pleasure to work with.

Erica C.

09:30 07 Mar 18

Rick and Simon have come to the rescue of Plants Enhance following a horrible experience with a local so say Web hosting/design company. Rick could not have been more helpful and reassuring. A new E commerce website was created very quickly and very efficiently and whilst Plants Enhance has taken a hit in trade I am glad to say that business is starting to return. I am now looking forward to the future knowing that I will be working with Rick and Simon and I cannot recommend Eckhomedia highly enough.

giles G.

11:59 01 Dec 16

Simon and his team at Eckomedia continue to be very professional and responsive to the ever growing needs for an ecommerce website to grow. Always approachable and very quick to act with development needs we may have to progress the business further... Well done and keep it up guys :-)

BMI Solutions L.

16:24 30 Nov 16

Outstanding service provided for all our website needs!

John K.

12:15 05 Nov 15

eckhoMedia has been of vital help to me in building up my plumbing business. Costs are modest, and search engine optimisation is so good that JPK Plumbing is now on the first page of Google. Simon is very helpful and very patient with my ignorance of computers. I can recommend eckhoMedia very highly.

Michelle R.

14:53 03 Nov 15

Simon was approachable and friendly. He understood the ethos of the charity and was able to translate our mission and purpose into a website. We have received feedback from the public and professional organisations of how user friendly and warm our website it, so we were really pleased that the website was working for our service users as well as us. Simon has made a difficult task for us very enjoyable and I would not hesitate in recommending his services. We have just recently asked him to take over the branding and marketing of our charity.

Lewis G.

16:17 02 Nov 15

Simon and his team have been taking care of our two sites for a few years now and has always been very professional and ready to help quickly with any little problems that occur. We know we can rely on him and his team and have confidence that they will always do their utmost to ensure the sites are well maintained and kept up to date with any technical advancements at all times.

Sina C.

11:57 02 Nov 15

Simon Feukes and his team at Eckhomedia, are not only a web development company, they troubleshoot all my computer queries, they provide a gold plated service, always there on hand if you have any problems.A company I truly recommend, who are not only brilliant at their job but know their stuff inside out.Truly fantastic!!!

Sue H.

10:13 31 Oct 15

eckhoMedia have created three websites for our businesses, one of which is e commerce. We have been delighted with the professionalism offered by this company. I look forward to working with eckhoMedia in the future for another web site.

Malcolm O.

11:39 29 Oct 15

We loved working with eckhoMedia, and would highly recommend to anyone thinking of a new website.

John P.

12:17 27 Oct 15

eckhoMedia provided us with a fresh new website and helped us build a complicated back-end to our website that involved a lot of different features. As this was made totally from scratch, We needed to make a lot of changes and amendments, Simon has been very helpful and tolerant with our constant need for sometimes large changes to the system.

15:45 26 Oct 15

Our tired and under-achieving website was overdue a re-furb. We approached the guys at eckhomedia and described what we needed. The process from the initial contact to the day the website went live was a painless and pleasant one. The result was beyond our expectations, we now have something we can be proud of. I would not hesitate to recommend eckhomedia to anyone with similar needs.