Site Terms | Terms & Conditions of Trade
Site Terms mentioned below are effective from 1st January 2009 until further notice.
ACCEPTANCE OF TERMS
The use of the Mac-Man website is subject to the following Site Terms. Use of this site constitutes your acceptance of these Site Terms which take effect at the time you first access the site. If you do not accept these Site Terms, you must not use this site. Mac-Man reserves the right to update the Site Terms at any time without notice to you. The most current version of the Site Terms can be reviewed by clicking on the “Terms and Conditions” hypertext link located on our Web site www.Mac-Man.co.uk - Mac-Man reserves the right to change these Site Terms at any time by posting changes online. It is your responsibility to refer to these Site Terms on accessing this site. Continued use of this site after such changes to the Site Terms constitutes acceptance of those posted changes.
Mac-Man, Me, I, Us, refers to the technical support service brand owned by Mac-Man.
You, the Customer, User refers to a person or company who has subscribed to Mac-Man service and, where relevant, the person using the website.
Site, Website refers to http://www.Mac-Man.co.uk and its sub links.
Resource refers to a variety of resources, including download areas, communication forums and product information available on the website.
Product, Service means Mac-Man support offerings, and may include 3rd Party Products.
Issue means the reported technical issue/problem/fault with the Personal Computer and peripherals.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Resources are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Resources.
YOU WILL NOT ALLOW ANY PERSON WHO IS NOT AUTHORIZED BY YOU, OR WHO HAS NOT ACCEPTED THE TERMS OF THIS AGREEMENT TO ACCESS THIS WEBSITE OR SUBMIT SUPPORT REQUESTS FROM YOUR COMPUTER.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Resources and Services, you will not use these for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Resources and Services in any manner that could damage, disable, overburden, or impair any Mac-Man server, or the network(s) connected to any Mac-Man server, or interfere with any other party’s use and enjoyment of any Resources and/or Services. You may not attempt to gain unauthorized access to any Resource and/or Services, other accounts, computer systems or networks connected to any Mac-Man server or to any of the Resources and/or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Resources and Services.
MATERIALS PROVIDED TO MAC-MAN OR POSTED AT ANY MAC-MAN WEB SITE
If you contribute to the site, through features such as “Forums” or any other means, which, from time to time are available, you agree not to contribute material that: (i) contains anything which is obscene, libelous, pornographic or otherwise objectionable or illegal; (ii) violates or infringe any statutory, common law, copyright design right or any other intellectual property rights of any other person or entity; (iii) contains material, the publication of which would be in breach of confidence or in contempt of Court; (iv) contains viruses or other similar contaminating or destructive features. Mac-Man does not claim ownership of the materials you provide to Mac-Man (including feedback and suggestions) or post, upload, input or submit to any Resources or its associated Resources for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (”Posting”) your Submission you are granting Mac-Man, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Mac-Man Resources and Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of your Submission, as provided herein. Mac-Man is under no obligation to post or use any Submission you may provide and Mac-Man may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Site Terms including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (”Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Site Terms and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Site Terms, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Site Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.
By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Site Terms, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE MAC-MAN SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MAC-MAN AND MAC-MAN IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MAC-MAN DOES NOT WARRANT THAT ANY OF THE GOODS OR SERVICES LINKED TO OR ADVERTISED ON THIS SITE COMPLY WITH DATA PROTECTION OR OTHER RELEVANT LEGISLATION AND MAC-MAN ACCEPTS NO LIABILITY WHATSOEVER FOR ANY CLAIM ARISING FROM SUCH GOODS OR SERVICES. IYOGI IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MAC-MAN IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MAC-MAN OF THE SITE.
You agree to indemnify, hold harmless and defend Mac-Man from any and all loss, damage and expense (including legal fees) incurred by Mac-Man on account of any claim or lawsuit arising out of or related to your use of this site or material posted on this site under your Log-in details, whether or not authorized by you.
THE SERVICES ARE RENDERED BY IYOGI WITHOUT ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, IYOGI DOES NOT WARRANT OR REPRESENT THAT (A) THE SERVICE OR THE SITE WILL BE ERROR FREE, (B) DEFECTS IN THE SERVICES OR THE SITE WILL BE CORRECTED OR (C) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPUTER CODE.
LIMITATION ON LIABILITY
IYOGI WILL NOT, WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE, BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER SIMILAR DAMAGES INCURRED BY USER IN CONNECTION WITH THE SERVICES, THE SITE OR ANY OTHER MATTER (INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS), EVEN IF THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN FORESEEN BY MAC-MAN, OR FOR ANY DIRECT DAMAGES IN EXCESS OF THE FEES PAID BY USER FOR THE SERVICE DURING THE YEAR IN WHICH USER INCURRED SUCH DAMAGES OR THE PRO RATA AMOUNT FOR THE UN-UTILISED PERIOD FOR THE SERVICE
No fees and/or charges displayed on the website include any taxes or other government-imposed fees, unless expressly stated to include such taxes or other government-imposed fees. Taxes and/or any other government imposed fees will be payable by the user at the rate in force at the time we debit the amount from you and may change. User is responsible for the payment of all such taxes and other government- imposed fees.
These Site Terms are governed by and will be interpreted in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.
All trademarks referenced on the website are the property of their respective owners. No association with any real company, organization, product, person, or event is intended or should be inferred.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
TERMS & CONDITIONS OF TRADE
A ‘Health Check’ will be carried out by a trained technicians at Mac-Man workshop in York. The health check is intended for diagnostic purposes only and we advise you (the customer) of any problems we detect whilst running our routine procedures and checks. We offer ADVICE ONLY; at this stage we do not provide any kind of update, scan, fix, patch, reinstall, upgrade, format or installation to your machine.
Any Heath Check must be pre-arranged with Mac-Man before the customer brings their Mac to the workshop. Customers must bring their Mac to the workshop and collect the system after the diagnosis is complete. Mac-Man can offer a collection and/or delivery service but a charge will be made for this.
No specific time will be allocated for Mac Health Checks. Mac-Man will attend to customers’ systems as time slots become available.
The customer will be asked to sign the following disclaimer:
I hereby give permission for Mac-Man to perform a series of diagnostic tests and procedures and inform me of any problems or issues which they consider may affect the performance or security of my computer.
This is a no obligation health check and I understand that the service provided by Mac-Man is for information purposes only and does not constitute any binding contract to repair my Mac.
I agree to these Terms and Conditions:
Mac-Man will not be held responsible for any loss of data on customers’ Macs, but will at all times act in a responsible manner to avoid such occurrences.
Customers` Macs not collected after a 3 month period will be disposed of.
The `Health Check` does NOT include repairs to the system. Any repairs must be agreed between the customer and Mac-Man before any work is carried out. The cost of parts and or labour must be paid for by the customer on completion of the work and prior to delivery of the repaired Mac.
Mac-Man will offer advice regarding any necessary repairs or problems that may be encountered on customers` Macs. They will NOT be held responsible for any repairs carried out by non-Mac-Man engineers following this advice.
Customers agree that their information is held by Mac-Man for administration purposes only. This information will NOT be passed on to third parties. Mac-Man may contact the customer to offer services or promotions in the future. If the customer does not wish to be contacted they must inform Mac-Man of this.
Provision of Service
1.1 This contract covers the provision of service by Mac-Man 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 the customer or Mac-Man for the provision of services is to be treated as an estimate only and Mac-Man accept no liability for any failure to meet it.
1.3 Unless Mac-Man receive a notice in writing from the customer terminating this contract 30 days prior to the renewal date, the customer will be deemed to renew the contract for the period covered by the issued renewal notice and be subject to the terms and conditions referred to herein. An account cancellation form can be obtained on request from Mac-Man.
1.4 Mac-Man 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 Mac-Man by displaying the notice on their web site in the Terms and Conditions section.
1.5 Notwithstanding the above, the customer will grant Mac-Man permission to deduct any funds due at the date of renewal from previously supplied credit card information.
2 Definition and application
2.1 In this Contract:
“the customer” means the customer with whom Mac-Man makes this contract including a person reasonably appearing to Mac-Man 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 Mac-Man Web Servers for publication on the Internet, WWW;
“Commencement date” means the date of Mac-Man acceptance of the customer’s order specified by the order date on the customer invoice;
“This contract” means the contract between the customer and Mac-Man incorporating these terms and conditions;
“Web site” means the area on Mac-Man Web Servers 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 Mac-Man, as defined on the customer application form;
“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 laws 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 minimum period of one calendar year and thereafter continue subject to termination under conditions 8 and 9.
4 The Customer’s Responsibilities
4.1 It is the customer’s responsibility to ensure that they do not upload a virus to the web space provided by Mac-Man which could infect the Mac-Man 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 Mac-Mans server.
4.2 It is the customer’s responsibility to ensure that any material being uploaded is not in breach of copyright. Mac-Man 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 Websites.
4.3 The customer agrees not to upload any material which would be considered to be contrary to public decency and morality. Mac-Man reserve the right to randomly inspect Websites and in the event that any unauthorised material has been uploaded to that Website, Mac-Man reserve the right to inform the authorities and to terminate this contact forthwith. Unauthorised 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, 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 specified on the application form and not to pass that information to any unauthorised persons. In the event of the customer’s login name and password being used by any unauthorised persons, Mac-Man accepts no responsibility and the customer will be liable for any additional charges arising therefrom.
4.6 The customer is only entitled in this contract to transfer as set out in the purchase order. Any transfer in excess of this figure will result in a charge at the current rate.
4.7 If the contract is terminated for whatever reason, the customer will not be entitled to a refund unless they terminate the contract within the first 30 days, in which case a full refund will be payable, less any domain registration charges, or charges for additional services not included as part of any of our standard hosting plans, as defined and displayed on our website.
4.8 The customer agrees not to perform any action that will result in the reduced performance of the Mac-Man servers to the detriment of other users.
4.9 The customer agrees not to commit any act whereby access is gained by the customer to any information or resources of any body, corporate body or person, individual, partnership, government agency, national institution, charity or recognised organisation without first having obtained authority from those persons or institutions.
4.10 The customer agrees not to use Mac-Man 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.
4.11 The customer agrees not to use unsolicited or spam e-mail in any way that would result in any part of the Mac-Man network being mentioned either directly or indirectly in such postings. Failure to meet this obligation would result in the termination of this contract without refund.
4.12 The customer agrees not to use our servers either directly or indirectly in a way that would have a detrimental effect on network performance.
4.13 The customer agrees not to engage in any act or allow an omission, the result of which would have the effect of bringing Mac-Man into disrepute.
4.14 Fair usage policy - resources
Mac-Man does not operate a bandwidth capping policy. We do this by maintaining high ratios of bandwidth per customer site. In some rare cases Mac-Man may find that a customer is using server resources to such an extent that they may jeopardize server performance and resources for other customers. In such an instance Mac-Man reserves the right to impose a High Resource User Policy for the consideration of all customers.
4.15 High resource user policy
Resources are defined as bandwidth, processor utilization or disk space.
Mac-Man may have cause to implement the following policy at its sole discretion.
When a website is found to be monopolising available resources, Mac-Man reserves the right to suspend the offending site immediately. This policy would only be implemented in extreme circumstances and is intended to prevent the misuse of our servers and to maintain maximum availability for other customers. Customers may be offered alternate hosting options which may include Mac-Man hosting their website for an additional fee.
4.16 Mac-Man will not be held responsible for web content in the case of misuse and it remains the responsibility of the customer to ensure that they back up their site.
5 Limitation of Liability
5.1 Mac-Man 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 Mac-Man 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 or non-provision of services to the customer.
5.3 In no circumstance shall Mac-Man 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 Mac-Man.
5.4 Under no circumstances shall Mac-Man be liable for loss whether direct or indirect of profits, business or anticipated savings or for any direct or indirect consequential loss whatsoever in connection with the registration, renewal, non-registration, non-renewal, suspension, transfer, failure to transfer, operation, delivery, miss-delivery or any and all combinations of the aforementioned. Under no circumstances are Mac-Man liable for any errors or omissions or any other actions by the registry administrator arising out of or relating to, any application, receipt of or failure to receive a domain registration.
5.5 Under no circumstances shall Mac-Man 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 its operation of their web site.
5.6 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.
5.7 In any event the liability of Mac-Man shall not exceed either the initial total amount paid for a Hosting package or domain registration or 50 pounds.
6.1 Without prejudice to any other rights or remedies which Mac-Man may have against the customer, the customer shall indemnify Mac-Man 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 Mac-Man by a third party which are caused by or arise from any action of Mac-Man carried out pursuant to the instructions of the customer.
6.2 The customer shall indemnify Mac-Man against any actions, proceedings, claims or demands in any way connected with this contract brought or threatened against Mac-Man by a third party which are caused by or arise from any act or default of Mac-Man carried out pursuant to the instructions of the customer.
7.1 Charges are payable either monthly or annually in advance depending on the service purchased. It is a condition of service that a regular cash or cheque payment agreement is in force for the duration of the contract.
7.2 All charges of whatever nature in respect of service shall as such be as Mac-Man 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 All goods and services must be paid for in advance of delivery, however, no order will be deemed to have been accepted by Mac-Man until a confirmation of order notice is issued.
7.4 Value Added Tax where applicable will be added at the appropriate rate to the total of all charges shown on the customer`s bill.
7.5 Should Mac-Man have to issue court proceedings pursuant to this contract the customer accepts responsibility for all Mac-Man legal fees and disbursements notwithstanding the value of the claim, on an indemnity basis.
7.6 Any third party costs Mac-Man may incur due to processing the payment for the services will be payable by the customer within seven days.
8 Termination of this contract by Mac-Man
8.1 If the customer does not pay any charge when due or breaks this contract in any other way Mac-Man can terminate this contract immediately without the requirement of prior notification.
8.2 Should Mac-Man deem the customer a threat to the integrity of the Mac-Man network whether as a result of their actions or threats of such actions or by hostility of their actions or due to any other reason which in our considered opinion would be against our business interest, then Mac-Man can terminate this contract immediately without the requirement for prior notification.
8.3 Termination of this contract by Mac-Man will result in the retaining by Mac-Man 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 Mac-Man will remove all materials held on Mac-Man computer and remove all privileges entitled to the customer.
8.6 Subject to the discretion of Mac-Man, after termination, if Mac-Man 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 within the first seven days and receive a full refund, less any domain registration charges or charges for additional services not included as a part of one of our standard hosting plans. After this 7 day period the customer may terminate the contract, however, no refund will be payable and the customer remains liable for all fees to the end of the contract period as defined in section 3 of this contract. The notice of termination should be made in writing.
10.1 On receipt of a valid cancellation notice, Mac-Man will, at its sole discretion, refund unused time paid, and then only full calendar months of time.
10.2 A cancellation notice must be received within thirty days of a renewal period in order for a cancellation to be processed prior to a renewal payment being taken.
10.3 Should a cancellation notice be received within thirty days of a renewal period then an administration charge may be applied to any refund issued with the sole exception of refunds issued in line with our thirty day money back guarantee, in which case no fees are payable.
11. Force Majeure
11.1 Mac-Man 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. Mac-Man compliance with any statutory obligation, industrial disputes of any kind (whether or not involving Mac-Man employees), fire, lightening, explosion, flood, subsidence, weather of exceptional severity, acts of omission of persons to whom Mac-Man is not responsible (including in particular other telecommunication service providers), or any other cause whether similar or dissimilar outside Mac-Man reasonable control.
12. 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.
13 Limitation on assignment
13.1 The customer must not assign the benefit of this contract in whole or in part.
13.2 Mac-Man reserve the right to assign the benefit of this contract by giving prior written notice of any assignment to the customer.
13.3 Except with the prior written consent of Mac-Man, 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.
Valid from 1st January 2009.
Services are automatically renewed for the periods of time as stated below:
Web hosting is automatically renewed for a further year
.com addresses are automatically renewed for a further year
.co.uk addresses are automatically renewed for a further 2 years
If you would like to stop using a service with us then please email us within 30 days of the approaching renewal date, and we will make the necessary arrangements to ensure your service is terminated on the correct day and time.
Technical Support - General
We aim to respond to all technical support requests as quickly as possible.
All support issues are dealt with in order of priority. We will always endeavour to rectify any problem brought to our attention as quickly as possible and normally within the business day and during normal business hours, however, some problems take longer to solve than others, and it may not be possible to resolve them within a day.
Technical Support - affecting more than one website
Where this is the case, we will notify all affected parties as soon as possible. This will normally be via the news page of the Mac-Man website, and where necessary via e-mail.