Agreement between you and Rentacart Ecommerce Solutions

These Terms & Conditions constitute a legal agreement between you and Rentacart Ecommerce Solutions. 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 rentacart.co.uk provides. If you do not accept these Terms & Conditions in their entirety, you may not access or use the services provided by rentacart.co.uk. Rentacart Ecommerce Solutions provides quality ecommerce web hosting packages that include a open source pre-installed shopping cart. Rentacart Ecommerce Solutions reserves the right to suspend or cancel any customer's access to any or all services provided by Rentacart Ecommerce Solutions. These are the terms and conditions for use of the hosting services provided by Rentacart Ecommerce Solutions. By purchasing hosting or services from Rentacart Ecommerce Solutions, you (subscribers) agree to abide by these terms and conditions. We reserve the right to change this agreement at any time without notice.

Modification of these terms.

Rentacart Ecommerce Solutions. 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 Rentacart Ecommerce Solutions. 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 Rentacart Ecommerce Solutions. after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Rentacart Ecommerce Solutions. shall be subject to the Terms & Conditions, as modified from time to time.

Right to use feedback or suggestions you submit.

Rentacart Ecommerce Solutions would like 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 Rentacart Ecommerce Solutions 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 Rentacart Ecommerce Solutions 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 Rentacart Ecommerce Solutions 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 Rentacart Ecommerce Solutions use of the materials contained within such feedback or suggestions. Storecart Web Services is under no obligation to post or use any materials you may provide and may remove such materials at any time at Rentacart Ecommerce Solutions sole discretion.

Lawful Use.

Rentacart Ecommerce Solutions hosting 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. You are not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Rentacart Ecommerce Solutions. Should the posted material fall into this category, we reserve the right to immediately refuse or terminate service. Rentacart Ecommerce Solutions 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 Rentacart Ecommerce Solutions
• 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. Rentacart Ecommerce Solutions will terminate any account that contains any of the above mentioned contents without any warning and without refunding any payments.

Data Protection.

• 1. Unless indicated otherwise on the relevant, the Client hereby agrees to allow Rentacart Ecommerce Solutions 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 Rentacart Ecommerce Solutions for the purposes of marketing Rentacart Ecommerce Solutions (or affiliated companies) services, or other related services, or for any other purpose connected with the Agreement. Rentacart Ecommerce Solutions will provide the Client on request with details of all such information held by Rentacart Ecommerce Solutions, and will modify any information that the Client advises is incorrect.
• 2. Subject to and in accordance with relevant data protection legislation, the Client hereby consents to allow Rentacart Ecommerce Solutions to collect data regarding Rentacart Ecommerce Solution’s use of the services and to provide such data to any governmental or regulatory body for the purpose of Rentacart Ecommerce Solutions compliance with any applicable laws and regulations.
• 3. 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.
• 4. Rentacart Ecommerce Solutions possesses the right to communicate with the Client regularly via, but not limited to, electronic means.
• 5. Rentacart Ecommerce Solutions may, from time to time, send Client information relating to the services of other companies that Rentacart Ecommerce Solutions feels may be of interest to the Client. If the Client does not want to receive such information, it is to inform Rentacart Ecommerce Solutions in writing to: Rentacart Ecommerce Solutions - POBOX 166 - NEWPORT - IOW - PO309BB.
• 6. Rentacart Ecommerce Solutions has the right to deny Customer Support to the Client if the Client fails to demonstrate to the Rentacart Ecommerce Solutions representative upon receipt of a phone call or e-mail by Rentacart Ecommerce Solutions 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 Rentacart Ecommerce Solutions to guarantee that breaches will not occur and therefore agrees to cooperate with Rentacart Ecommerce Solutions staff in its requests for Client authentication.

High Resource Policy.

Resources are defined as bandwidth, disk space and/or processor utilization. Rentacart Ecommerce Solutions may implement the following policy to its sole discretion: When an account is found to be monopolising the resources available Rentacart Ecommerce Solutions 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.

Security.

While Rentacart Ecommerce Solutions 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 Rentacart Ecommerce Solutions and/or any system provided by Rentacart Ecommerce Solutions suffer a breach of security we cannot be held responsible. It is the client’s responsibility to delete credit card information after processing it and to maintain the security of your open source shopping cart at all times with upgrades and patches

Payment Policy.

Rentacart Ecommerce Solutions reserves the right to change prices of accounts or services at any time. All pricing is fixed for as long as you keep your account open, excluding government charges such as tax which can change out of the control of Rentacart Ecommerce Solutions. In addition, Rentacart Ecommerce Solutions 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. If monthly hosting fees are 3 weeks overdue we may charge a late payment fee onto your account. 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.

Hidden Fees

There are no hidden fees of any kind that we request from our customers, other than the ones displayed on this website. However, in some cases that requires a large amount of work, like customization, installation of different add-ons or upgrades, a £25/hour fee can be asked for. If the work to be done needs less that an hour the fee will not be applied.

Cancellation & Refunds.

Customers an request cancellation of their account at any time without being charged a cancellation fee. You can send your request to cancellations@rentacart.co.uk. Your hosting account will close the day your next payment would be due unless you request it sooner. If you want to keep your domain you will need to let us know as soon as possible. We will release it for free so long as there is no money outstanding on your account, to allow a transfer to another provider. If you do not request to keep your domain name we will return it back to the InterNIC Database. Due to the services we provide and the price we charge Rentacart Ecommerce Solutions will not refund setup fees, hosting fees or any other fees you have agreed to from our hosting services. Rentacart Ecommerce Solutions reserves the right to cancel the service at any time.

Indemnification.

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

• (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Rentacart Ecommerce Solutions servers.
• (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 Rentacart Ecommerce Solutions servers.

Force Majeure.

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.

Disclaimer.

Rentacart Ecommerce Solutions will not be responsible for any damages your business may suffer, Rentacart Ecommerce Solutions makes no warranties of any kind, expressed or implied for services we provide. Rentacart Ecommerce Solutions disclaims any warranty or 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 Rentacart Ecommerce Solutions and its employees.

GPL LICENCE (For The Shopping Cart)

GNU GENERAL PUBLIC LICENSE - Version 2, June 1991

Copyright (C) 1989, 1991 Free Software Foundation, Inc. 675 Mass Ave, Cambridge, MA 02139, USA. Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

Preamble - The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too. When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it. For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software. Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.

The precise terms and conditions for copying, distribution and modification follow.

GNU GENERAL PUBLIC LICENSE

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

• a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
• b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
• c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS