1 Interpretation

1.1 Definitions

1.1.1 We/us/our – Modlia, which is a partnership of Harry Bailey and Chris Charlton, and is the owner of the PagePlay system.

1.1.2 You/your – the client or customer as named at the start of this document. The term applies both to a purchasing organisation as well as the individuals from that organisation who are users of the service.

1.1.3 The service/services/PagePlay – the content management system, hosting, email and other services or facility provided by us to you.

1.1.4 Server – the computer equipment operated by us in connection to the services provided

1.1.5 Charges – the charges payable by the customer for the provision of services details of which are given during sign-up and may vary from time to time.

1.1.6 Subscribed period – the period of time which has been paid for in advance. This is usually either one year or one calendar month.

1.2 Include

1.2.1 The words "include" and "including" are to be construed without limitation.

1.3 Headings

1.3.1 The headings in this document are for convenience only and shall not affect the interpretation of these conditions.

2 Ordering process

2.1 Order acceptance – we have not accepted a customer application and order until account setup and you receive the 'welcome' email including all details specific to your account. Until this time, we reserve the right to refuse, cancel or reject any order made by the customer. In such cases, a full refund will be made using the same method as payment was originally made.

3 Refunds

3.1 Subscriptions to the service are paid for in advance and refunds are only offered and/or granted in exceptional circumstances and totally at our discretion.

4 Cancellations

4.1 You may cancel your subscription to the service at any time. As soon as you have cancelled your subscription, you will no longer be able to use the PagePlay system to manage your website. At the end of your subscribed period, you will not be billed again.

4.2 We may cancel your subscription to the service if you infringe any of the terms and conditions as set out here. As soon as we have cancelled your subscription, you will no longer be able to use the PagePlay system to manage your website. At the end of your subscribed period, you will not be billed again.

4.3 Within 30 days of cancellation, we will make your content available to you so that you may transfer it to another provider. If you own the rights to the graphic or layout design which constitutes your website then this will be made available to you at the same time. If we originally set up your PagePlay site using one of our standard templates then your content will be returned to you in a complete, but unformatted state.

5 Misuse

5.1 Spam / Unsolicited Mass E-mail – the sending of Unsolicited Commercial Email (SPAM) through our servers promoting any website or through third party servers promoting a website hosted by us can result in the suspension or termination of the customers web hosting account without refund. Mailing lists may be operated as long as individuals choose to subscribe to receive mailings via clear 'opt in' methods and a strict removal procedure is published in all mailings. 'Safelists' and other advertising related mailing lists may not be operated. Any complaints received are taken seriously and will be investigated.
5.2 Account Use – under no circumstances must our servers be used for the hosting or communication of, reference to or linking to any of the following:
5.2.1 nudity, pornography, anything of a sexual, lewd, or obscene nature;
5.2.2 violations of any copyright or any other right of any third party;
5.2.3 threatening, abusive, harassing, defamatory statements;
5.2.4 promotion of illegal activities (hacking, cracking, etc);
5.2.5 information or software containing or about any kind of virus;
5.2.6 hate speech or hate propaganda;
5.2.7 the collection of personal information for illegal purposes;
5.2.8 content deemed by us at our sole discretion to be harmful to us.

6 Billing

6.1 Payment schedules – you agree to supply sufficient payment for the services received from us in advance of the time period during which such services are provided.
6.2 Invoices – all invoice notifications will be sent via email. You are required to pay your invoice in advance at the beginning of each payment term using the available method of your choice within 5 working days of the invoice issue date.
6.3 Bank charges – you are responsible for the provision of sufficient funds in your account and we will not be held responsible for any charges incurred as a result of overdrawing of the bank account or credit card or as a result of failed transactions.
6.4 Non-renewal – there is a payment grace period following the end of the subscribed period which lasts for 10 days. At the end of this period, if payment gas not be received for a new subscribed period, then your account will be cancelled. Any added time for payment will be at our sole discretion.
6.5 Currencies – all invoices and payments are processed in GB Pound Sterling. All customers are advised to check amounts using accurate recent exchange rates before ordering.

7 Backups

7.1 Backups are made by us each day on an incremental basis and each week on a full basis, however, no guarantee's are made of any kind as to the integrity of these backups. If significant financial or operational damage may occur from a failed backup, specific arrangements should be made for a bespoke backup programme.

8 Fair usage policy

8.1 Modlia does not apply fixed limits to the resource usage on accounts. However, when an account is found to frequently use significantly more resources than is considered reasonable by Modlia, the account owner may be requested to adjust resource usage as indicated. When the excessive resource usage is not reduced following such a request, Modlia reserves the right to terminate the account, or to demand that the account be upgraded / converted to a more suitable product.

8.2 Resources affected by this policy include, but need not be limited to, network transfer, CPU load, and memory usage.

9 Customer Responsibility

9.1 Contact information – you are responsible for keeping your contact details up to date. If you wish to change your contact details, please contact support. We cannot be held responsible for any errors which result of the customers failure to update their details.

9.2 Sensitive data – you are responsible for keeping their usernames, passwords and other sensitive data safe. If a breach is suspected, you are required to request a change of login details by contacting help@pageplay.com

10 Limitation of Liability & General Terms

10.1 We are not responsible for any claimed damages, which may result from our servers going offline, or being unavailable for any reason. This includes damages which may result from the corruption or deletion of data. The customer agrees to indemnify and hold us and our employees harmless from any claims, damages, including but not limited to consequential damages resulting from the use of the service which damages the customer or any other party.

10.2 We will cooperate fully with investigations of violation of systems or network security at other sites and will cooperate with law enforcement authorities in the investigation of possible criminal violations. Customers who violate these terms may incur in criminal or civil liability.

10.3 For clients with multiple accounts, we reserve the right to suspend all accounts should the main account owner violate these Terms and Conditions in a manner deemed by us to be extremely serious.

10.4 We will be the sole arbiter as to what constitutes a violation of these Terms and Conditions. The failure by a customer to meet or follow any of the above Terms and Conditions is grounds for account suspension or deactivation.

11 Modification

11.1 We reserves the right to add, delete, or modify these Terms and Conditions, our hosting packages, prices and website at any time with notice provided via WWW and announcements in our forum and/or customer control panel(s). All customers are encouraged to check this document at least once a month to ensure they are aware of any changes.