Terms and Conditions
- Terms of Service (Web Design)
- Terms of Service (Hosting)
- Acceptable Use Policy (AUP)
- SLA Policy
Terms of Service (Web Design)
The following terms and conditions apply to all website development / design services provided by Spotlight Studios Limited “Spotlight Studios” to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Spotlight Studios are defined in the project proposal that the Client receives via e-mail. Quotations are valid for a period of 30 days. Spotlight Studios reserves the right to alter or decline to provide a proposal after expiry of the 30 days.
Spotlight Studios reserves the right to invoice for all the project once development is complete and the only remaining work to be done is awaiting on content from the client.
Payment for services is due via Cheque, Credit Card, PayPal, Direct Debit or Bank Transfer. Cheques incur a surcharge of £20 and should be made payable to Spotlight Studios Limited and sent to Spotlight Studios Limited, Re:Center, Bradford, BD7 1DP. Credit Card, PayPal and Direct Debit payments can be completed from within the Client Portal and Bank details will be made available at the bottom of all invoices.
2.1 LARGER PROJECTS / TASKS
Unless otherwise agreed with the Client, all website design services require an advanced payment of fifty (50) percent of the project total before the work is supplied to the Client for review. The remaining fifty (50) percent is required prior to Spotlight Studios Limited deploying the website on the live server.
2.2 ONGOING SUPPORT / SMALL AD HOC TASKS
Unless otherwise agreed with the Client, any ongoing support or small ad hoc tasks on a live (public facing) website where the lead time is likely to extend beyond two (2) weeks is subject to an upfront payment. At the sole discretion of Spotlight Studios or where an agreement is in place any smaller tasks where the lead time is unlikely to exceed beyond two (2) weeks may be paid upon completion of the agreed work.
If there is any ambiguity in how a particular aspect of a website should look or function our guiding principle will be “what’s the simplest, quickest way to do it?”. Under no circumstances will Spotlight Studios absorb any additional work/costs for pursuing a route we didn’t fully support, raised concerns with for any reason or offered an alternative solution that was not followed.
Custom applications designed from the ground up will require suitable maintenance contracts for ongoing support and bug fixes. Under no circumstances will Spotlight Studios be expected to provide ongoign support for a feature or application without a maintenance contract being in place.
In the event a specific feature involves considerably more work than expected Spotlight Studios will not be required to complete the task at the originally quoted price.
4. CLIENT REVIEW
Spotlight Studios will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Spotlight Studios otherwise within ten (14) days of the date the materials are made available to the Client.
Unless otherwise agreed with the client, deadlines are to be treated as a guide of when we expect a project/task to be completed. Spotlight Studios will make all attempts to deliver the agreed project/task within the agreed timescales pending payments are all up to date. In the event a deadline begins to slide Spotlight Studios will provide a reason as to why this has happened and will make all attempts to deliver this in a prompt manner.
Unless otherwise agreed with the client in advance no compensation in any form will be provided by Spotlight Studios to the client if a project/task is not delivered within the deadline, no matter the timeframe in question.
Spotlight Studios expects the Client to delegate a single individual as a primary contact to aid Spotlight Studios with anything that is required to complete the project in a satisfactory and expedient manner. During the project, Spotlight Studios will require the Client to provide website content; text, images, movies and sound files. Once the scope of work has been agreed changing any aspects of the site will likely involve additional cost and will cause subsequent delays.
6. INHERITED PROJECTS
Spotlight Studios absolves itself from any responsibility or liability for any existing functionality on inherited projects from a 3rd party, whether this be through an acquisition, a migration of service provider or otherwise. This includes any work Spotlight Studios may have been instructed to carry out as a 3rd party themselves. Spotlight Studios will work to resolve any issues raised on inherited projects but this will always be subject to additional costs or a maintenance contract.
7. WEBSITE CONTENT
Spotlight Studios requires you to provide all the relevant information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge and/or place your project on hold. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
IMPORTANT: Text content should be supplied as a Microsoft Word or Email with the pages clearly presentenced via titles or document names. These pages should have the same titles as the agreed website pages. Please Contact us if you need any further clarification.
Using our project management system, you can easily supply content and manage versions where necessary.
8. MEDIA DELIVERY
Unless otherwise specified in the project proposal, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .jpeg, .png or .svg format.
9. DESIGN CREDIT
Unless otherwise agreed with the Client, a link will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Spotlight Studios portfolio. If the Client requests that the design credit be removed and that Spotlight Studios may not showcase their work within a portfolio then Spotlight Studios reserves the right to charge a nominal fee not exceeding £250.
A minimum deposit of £500 (or 50% for smaller projects) will be required prior to starting a project unless otherwise agreed with the Client. For individual tasks, invoices will be raised upon confirmation of the agreed work. Completed work may not be pushed live until the invoice has been paid. Invoices are sent via email and are due upon receipt. Unless a genuine disagreement is raised by the client (in relation to the agreed work), accounts that remain unpaid are subject to late payment fees.
11. ADDITIONAL EXPENSES
Client agrees to reimburse Spotlight Studios for any additional expenses necessary for the completion of the work. Examples would be the purchase of specific fonts, stock photography, meetings etc.
12. WEB BROWSERS
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with smaller sized screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
Spotlight Studios makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the latest versions of the 4 most popular current browsers, Mozilla Firefox, Microsoft Edge, Google Chrome and Apple Safari. Internet Explorer is no longer considered by Spotlight Studios to be a “current browser” and is therefore NOT included within our standard testing process. Mobile Browsers will ONLY be tested on Google Chrome for Android and Apple Safari for iOS, no other browser testing for mobile will be included without extra cost .The client agrees that Spotlight Studios cannot guarantee correct functionality with all browser software across different operating systems, and on rare occasions may result in a particular feature not being able to be used and subsequently removed for that browser type or device.
In the event a website feature is not functioning on a particular browser Spotlight Studios will assess the situation. If it is determined that the issue raised is isolted to one browser and funtioning as expected on the other 3 listed browsers, this will not be covered under the standard build costs and will likley incur additional charges to diagnose and resolve. If the issue is replicated across 2 or more of the following browsers, Mozilla Firefox, Microsoft Edge, Google Chrome and Apple Safari, the solution will be included within the initial design costs, unless agreed otherwise in writing.
Spotlight Studios cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Spotlight Studios reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
A responsive design that adjusts for mobile browsing use what is known in the industry as “breakpoints”, these identify when the format of a page should be altered. The dimensions we use are widely accepted “industry standard” and therefore if a certain devices has a display issue then we are not held liable for rectifying this. Modifying default breakpoints or adding in additional breakpoints may have adverse effects on other devices, but if you would like the breakpoints on your website modifying (or additional ones added in) to accommodate a certain device we can provide a separate estimate for that. By default each website will have at least 3 breakpoints which cover a range of resolutions. Whilst this covers a variety of experiences from mobile phones, tablets through to desktops, device specific experiences cannot be guaranteed and may result in additional costs if a feature needs to be adjusted for a singular device or resolution.
13. SUPPORT SERVICES
During the first thirty (30) days after the website is made live Spotlight Studios shall provide up to five (5) hours of Support Services at no additional cost to Client. Support Services means commercially reasonable technical support and assistance to maintain and update the Deliverables, including correcting any errors or Deficiencies.
The services in the first thirty (30) days do not include enhancements to the Project or other services deemed outside of the original scope of work, these will be billed on a time and materials basis at the current hourly rate.
The Client retains 100% ownership of the site content (text, files and graphics), and grants Spotlight Studios the rights to publish and use such material.
The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Spotlight Studios permission and rights for use of the same and agrees to indemnify and hold harmless Spotlight Studios from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
In the event Spotlight Studios have supplied selected royalty free images the license is limited for website use only and must not be used elsewhere including another website owned by the client. Any additional use or misuse of the royalty free images supplied by Spotlight Studios (i.e. inside publications) would indemnify and hold harmless Spotlight Studios from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
Spotlight Studios reserves the right to retain copyright over the unique combination of all these elements supplied by the client constituting a “project” until payment has been made in full, after which point copyright passes in full and without exception to the client.
Spotlight Studios reserve the right to use any part of the source code for future projects and/or commercial products unless otherwise agreed.
All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only used as needed to perform this Agreement. Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure.
16. SEARCH ENGINE LISTINGS
Our websites are built with SEO in mind which allows search engines to index them at their discretion. If you require search engine optimisation at any point we can provide additional support upon request. We do not guarantee listings on Search Engines and the customer accepts that it is Search Engines and not Spotlight Studios that determine whom they list and whom they will not. The Customer further understands there is no guaranteed placement or rank on the Search Engines and that a new website may takes several weeks, months or may never even appear on some Search Engines at all.
Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in arrears until full payment is received. Clients with accounts in arrears agree to pay Spotlight Studios reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Spotlight Studios in enforcing these Terms and Conditions.
Service will remain ongoing unless the client has requested their right to terminate
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmation is received in writing. The Client will be invoiced for all work completed up to the date of first notice of cancellation for payment in full within fourteen (14) days. If the project is on track and within fourteen (14) days of the project deadline Spotlight Studios reserves the right to request full payment up cancellation.
The Client must allow Spotlight Studios to remove any premium licensing before final termination and under no circumstances is the client able to continue using licenses registered to Spotlight Studios unless an agreement has been reached.
19. THIRD PARTY
If the Client arranges their own hosting payment will be required in full before proving the client access to the source files. Once payment is received Spotlight Studios will supply a zip file containing everything that is needed to deploy the website with their host.
If it has been agreed that Spotlight Studios will deploy the website on a third-party server, Spotlight Studios ideally require temporary access to the hosting control panel however if no control panel is available Spotlight Studios must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP and MySQL access running the requested version. Depending on the specific nature of the project, other resources might also need to be configured on the server. Spotlight Studios reserves the right to charge additional fees if the third-party provider needs assistance/advice for any subsequent configurations or issues encountered.
Unless otherwise agreed or the service is terminated no third-party is permitted admin access to work (develop/design) on a project managed by Spotlight Studios. In circumstances where Spotlight Studios were not informed of third-party access or advised against granting access which was subsequently given Spotlight Studios are absolved from ensuring the website functions correctly.
In circumstances where Spotlight Studios were informed of third party access and subsequently agreed, Spotlight Studios recommends a backup is taken and the use of a development environment is utilised (subject to additional fees). Spotlight Studios cannot accept responsibility for any alterations caused by a third party occurring to the Client’s website or specific pages once installed. Such alterations include, but are not limited to additions, modifications and/or deletions.
If a problem is encountered at any point that relates back to the third-party work, Spotlight Studios recommends you seek advice from the third-party provider. Spotlight Studios expertise/assistance can be requested on a chargeable basis to either restore a working backup and/or to help diagnose the issue.
All Spotlight Studios services may be used for lawful purposes only. You agree to indemnify and hold Spotlight Studios harmless from any claims resulting from your use of our service that damages you or any other party.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
22. GOVERNING LAW
This Agreement shall be governed by English Law.
Spotlight Studios will not do anything malicious or intentionally damaging to the client’s brand however we cannot guarantee that the functions contained in any of the products or services we provide will be error-free or fully functional 100% of the time and as such we cannot be held liable to you or any third party for damages, including lost profits, lack of sales, lost savings, lost reputation or other incidental, consequential or special damages arising out of the operation of or inability to operate this software, website and any other web pages, even if you have advised us of the possibilities of such damages.
Spotlight Studios hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Spotlight Studios 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.
This Agreement shall be governed by English Law.
Terms of Service (Hosting)
The following terms and conditions apply to all hosting services provided by Spotlight Studios Limited “Spotlight Studios” to the Client.
Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of Spotlight Studios’ credit approval requirements, Spotlight Studios agrees to provide the web hosting services described in the Order for the fees stated in the Order.
The initial service term of the Agreement shall begin on the date that Spotlight Studios generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew unless Spotlight Studios or Customer provides the other with written notice of non-renewal through the customer centre which is located at https://portal.spotlightstudios.co.uk/clientarea.php The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”
Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly, quarter, semi-annually, annually, or bi-annually as indicated on the Order, beginning on the Service Commencement Date. Spotlight Studios may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorises Spotlight Studios to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Spotlight Studios will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 7th day following invoice date, but in no event earlier than the first day of each billing cycle.
Payments must be made in Great British pound. Customer is responsible for providing Spotlight Studios with changes to billing information (such as credit card expiration, change in billing address) at its option, Spotlight Studios may accrue charges to be made to a credit/debit card until such charges exceed £10.00. Spotlight Studios may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. Spotlight Studios may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay Spotlight Studios’ reasonable reinstatement fee following a suspension of service for non-payment, and to pay Spotlight Studios’ reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
(b) Fee Increases.
Spotlight Studios may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least fourteen (14) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
Refunds are only valid on the initial term for Shared web hosting packages. Outside of any SLA refunds are not available on VPS Servers, Dedicated Servers, Managed Servers, Domain Registrations, SSL Certificates, or any other services not listed here.
At times when a Credit is issued to an account for any reason, this credit is non-refundable. Furthermore any positive credit balance on an account at the time of account termination is immediately forfeited.
(e) Early Termination.
Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Spotlight Studios terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Spotlight Studios’ breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
All disputes and overcharges must be reported directly to Spotlight Studios, in writing, within thirty (30) days.
Customer agrees to use the service in compliance with applicable law and Spotlight Studios’ Acceptable Use Policy posted at https://spotlightstudios.co.uk/terms-and-conditions/ (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that Spotlight Studios may, in its reasonable commercial judgement consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on the earlier of Spotlight Studios’ notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Spotlight Studios’ reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Spotlight Studios and Customer regarding the interpretation of the AUP, Spotlight Studios’ commercially reasonable interpretation of the AUP shall govern.
5. Customer Information
Customer represents and warrants to Spotlight Studios that the information he, she or it has provided and will provide to Spotlight Studios for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Spotlight Studios that he or she is at least 18 years of age. Spotlight Studios may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
Customer agrees to indemnify and hold harmless Spotlight Studios, Spotlight Studios’ affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
7. Disclaimer of Warranties
Spotlight Studios does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law spotlight studios disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. To the extent permitted by applicable law, all services are provided on an “as is” basis.
8. Limitation of Damages
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of spotlight studios and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.
(a) Suspension of Service.
Customer agrees that Spotlight Studios may suspend services to Customer without notice and without liability if: (i) Spotlight Studios reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Spotlight Studios reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Spotlight Studios’ reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Spotlight Studios fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by Spotlight Studios prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon thirty (30) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (3) days of a written notice from Spotlight Studios describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
10. Requests for Customer Information
Customer agrees that Spotlight Studios may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Spotlight Studios believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
11. Backup Copy
Upon account creation you will be provided with all the necessary login details for your hosting control panel. If the customer requires a backup of any content hosted by Spotlight Studios notwithstanding any agreement with Spotlight Studios to provide back up services this can be obtained from the hosting control panel.
12. Changes to Spotlight Studios’ Network
Upgrades and other changes in Spotlight Studios’ network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Spotlight Studios reserves the right to change its network in its commercially reasonable discretion, and Spotlight Studios shall not be liable for any resulting harm to Customer.
Notices to Spotlight Studios under the Agreement shall be given via e-mail to the address provided for customer support on https://spotlightstudios.co.uk Notices to Customers shall be given via e-mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
14. Force Majeure
Spotlight Studios shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Spotlight Studios’ control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organised labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
15. Governing Law/Disputes
The Agreement shall be governed by the laws of the United Kingdom, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Spotlight Studios unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Spotlight Studios’ prior written consent. Spotlight Studios’ approval for assignment is contingent on the assignee meeting Spotlight Studios’ credit approval criteria. Spotlight Studios may assign the Agreement in whole or in part.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
17. Refuse Service
Spotlight Studios reserves the right to refuse or cancel service to any active or in-active customers for any or no reason.
Acceptable Use Policy
This Acceptable Use Policy (“AUP”) governs the use of Spotlight Studios’ web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Spotlight Studios regarding the interpretation of this AUP, Spotlight Studios’ interpretation, in its reasonable commercial judgment, shall govern.
You may not publish or transmit via Spotlight Studio’s service any content that Spotlight Studios reasonably believes:
- constitutes child pornography;
- constitutes pornography or adult related material;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person’s privacy;
- creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- clearly infringes on another person’s trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Spotlight Studios; or
- is otherwise malicious, fraudulent, or may result in retaliation against Spotlight Studios by offended viewers.
Content “published or transmitted” via Spotlight Studios’ service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Spotlight Studios.
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Obeying the Law
As Spotlight Studios is registered and located within the United Kingdom (UK), we are required to follow any and all UK laws. This provision applies to all Services provided and maintained by Spotlight Studios, whether located within the UK or other countries.
Each customer is required to utilise as little server resources as possible, so as to allow for reasonable performance by all Spotlight Studios customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. The Company reserves the right to suspend or terminate Services on any account that, at our sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason.
Any and all abusive actions directed towards our staff will not be tolerated. If you use foul language, threaten us, or do anything else that we may find offensive, you will be subject to, at the Company’s sole discretion, suspension or termination of Services without refund, with or without notice. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or chargeback.
Restriction on Storage Space Usage
All accounts are subject to the following restrictions on storage space usage:
- Accounts must have valid, working websites, and not violate any previously subscribed terms
- Accounts are not for use of mass storage of backups, files, audio, video, zip files or others at our discretion
- Accounts are not for us of mass distribution of files, such as torrents or mirrors
- Any account found violating these terms may be suspended or terminated without warning
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.
You must comply with the rules of any other network you access or participate in using your Spotlight Studios’ services.
Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
- you have been expressly authorised by the owner of the copyright for the work to copy the work in that manner;
- you are otherwise permitted by established United Kingdom copyright law to copy the work in that manner.
Spotlight Studios will terminate the service of repeat copyright infringers.
Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the Spotlight Studios network, please send your notice of copyright infringement to email@example.com
Your notice must include the following:
- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Spotlight Studios to locate the material;
- Information reasonably sufficient to permit Spotlight Studios to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must have valid and current information on file with your domain name registrar for any domain hosted on the Spotlight Studios network.
Spotlight Studios is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Spotlight Studios network.
You may not engage in illegal, abusive, or irresponsible behavior, including:
- Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Spotlight Studios and its customers) without express authorisation of the owner of the system or network;
- Monitoring data or traffic on any network or system without the authorisation of the owner of the system or network;
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner’s authorisation, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
- Any conduct that is likely to result in retaliation against the Spotlight Studios’ network.
- Use of Spotlight Studios’ network in a way that unreasonably interferes with Spotlight Studios’ other customers use of the network
Service Level Agreement
Spotlight Studios Service Level Agreement (“SLA”)
99.5% Connectivity Guarantee
Spotlight Studios guarantees that when not undergoing scheduled maintenance, the network infrastructure is available 99.5% of the time. In the event of an unplanned network failure, we’ll refund 24 hours’ service for every 300 minutes of lost connection – up to a maximum value equal to your monthly subscription charge. Any credits offered under the SLA will be allocated against your Spotlight Studios Ltd account.
4 Hour Response
Should there be a problem with your server, a qualified engineer will be working on the problem within 4 hours of being notified. In the rare event that your problem cannot be solved within 4 hours, we ensure that you’re kept up to date until the problem is resolved.
Business & Managed Hosting
100% Connectivity Guarantee
Spotlight Studios guarantees that when not undergoing scheduled maintenance, the network infrastructure is available 100% of the time. In the event of an unplanned network failure, we’ll refund 24 hours’ service for every 60 minutes of lost connection – up to a maximum value equal to your monthly subscription charge. Any credits offered under the SLA will be allocated against your Spotlight Studios Ltd account.
2 Hour Response
Should there be a problem with your server, a qualified engineer will be working on the problem within 2 hours of being notified. In the rare event that your problem cannot be solved within 2 hours, we ensure that you’re kept up to date until the problem is resolved.
We will also provide a detailed overview of the issue and let you know when it will be resolved. Once the issue is resolved we make sure you have a full picture of what’s happened. An engineer’s report with full details of the issue and resolution is sent to you within 48 hours of completion.
Two Hour Hardware Replacement
In the unlikely event of unfixable server hardware failure, we guarantee that hardware will be replaced within two hours of the problem’s diagnosis. Hardware is defined as the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. This guarantee excludes the time required to rebuild a RAID array and the reload of certain operating systems, processors and applications. It does not include any bespoke server hosting solutions.
When you sign up for our service, we will ask you to provide contact information such as your name, address, telephone numbers, e-mail addresses, and payment information such as credit card number and expiration date.
We may ask you to complete user surveys, and to provide certain demographic information, such as age, gender, special interests, etc. You do not have to provide this type of information to use our service if you do not want to.
If you contact us for customer support, we may also ask you for information about your operating system, software and other technical matters.
When you visit our Web site we will capture your IP Address, time of and duration of visit, and time and duration of the pages on our Web site that you view. We may tie this information to the personally identifiable information we have about you.
We will also place a cookie that will identify you to us as a repeat visitor or a customer when you visit our Web site. See “What is a Cookie” below. We may tie this cookie to the personally identifiable information we have about you.
If we send you an e-mail, we may include a marker that will allow identifying e-mail that is opened and viewed.
Use of Personally Identifiable Information
We will use your personally identifiable information only as follows:
- For payment purposes and to provide customer support;
- To announce special offers or provide other information from time to time via e-mail. We may also send e-mails announcing special offers by our third parties, but we will not provide the third parties with your e-mail address or other personally identifiable information. If you do not wish to receive these e-mails, you may opt out of future e-mails at any time by following the instructions included in the e-mail;
- To improve our service and the marketing of our service. For example, we may use the information we gather from user surveys, demographic data, and web site visits to help us improve or target our Web site and customise your visit.
- We will not provide any personally identifiable information about you to any other person other than:
- a law enforcement or regulatory agency at their request;
- a person or company who acquires our business;
- third parties who perform services on our behalf (such as payment processing), subject to the third party agreeing with us that it will keep your personally identifiable information confidential;
- To our subsidiaries and affiliates, or
- As otherwise needed to protect or enforce or rights or the rights of others.
We absolutely do not transfer or sell your information for inclusion on third party e-mail or other marketing lists.
Use of Non-Personally Identifiable Information
We may share aggregate statistical data about our customers with third parties, such as advertisers or suppliers. This aggregate statistical data will not identify you personally.
Cookies In Use on This Site
What is a Cookie
A “cookie” is an alphanumeric identifier that is unique to your browser. The cookie will identify your browser to us when you visit our web site so that we may customise your visit.
Cookies and how they Benefit You
Cookies are small text files that are placed on your computer or mobile phone when you browse websites
Our cookies help us:
- Make our website work as you’d expect
- Save you having to login every time you visit the site
- Improve the speed/security of the site
- Continuously improve our website for you
- Make our marketing more efficient (ultimately helping us to offer the service we do at the price we do)
- Collect any personally identifiable information (without your express permission)
- Collect any sensitive information (without your express permission)
- Pass personally identifiable data to third parties
You can learn more about all the cookies we use below
More about our Cookies
Website Function Cookies
Our own cookies
- Making our shopping basket and checkout work
- Determining if you are logged in or not
There is no way to prevent these cookies being set other than to not use our site.
Anonymous Visitor Statistics Cookies
We use: Google Analytics
We have a number of partners who promote our service on a success-only basis (i.e. instead of paying for advertising, we pay them commissions on sales). Cookies are required to allow us to reward these partners and these cookies are usually provided by specialist companies (known as affiliate networks). Neither us, the networks, or the partner advertising or recommending our services are able to identify you personally. We ask you to support us by allowing these cookies which ultimately help us to offer you the service we do at the price we do.
Turning Cookies Off
You can usually switch cookies off by adjusting your browser settings to stop it from accepting cookies (Learn how here). Doing so however will likely limit the functionality of our’s and a large proportion of the world’s websites as cookies are a standard part of most modern websites
It may be that you concerns around cookies relate to so called “spyware”. Rather than switching off cookies in your browser you may find that anti-spyware software achieves the same objective by automatically deleting cookies considered to be invasive. Learn more about managing cookies with antispyware software.
The cookie information text on this site was derived from content provided by Attacat Internet Marketing http://www.attacat.co.uk/, a marketing agency based in Edinburgh. If you need similar information for your own website you can use their free cookie audit tool.
Security of Your Information
We store your personally identifiable information and payment information in a database which has numerous protection policies in place to ensure its security. We encrypt some sensitive data such as passwords and/or but not limited to credit card numbers.
Our service is not available to children under the age of 18, and we will not intentionally maintain information about anyone under the age of 13.
The information contained in this website is for general information purposes only. The information is provided by Spotlight Studios and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Spotlight Studios. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Spotlight Studios takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.