Terms and Conditions

Ihelm Enterprises is a company dedicated to providing the best quality of service in all respects. We believe this is best achieved through operating clear and simple pricing alongside clear and simple products.

Ihelm Enterprises offers several different services under the Ihelm Enterprises name, these services are covered by the Terms and Conditions in this document. Certain services have specific Terms and Conditions – these conditions are clearly marked in the document by headings throughout.

The initial areas covered by this document covers the general area of providing services to yourself by Ihelm Enterprises.

As with any agreement for supply of products and services, we have to define what we will provide and what you can expect. As in many legal documents, the terms “our” “we” and “us” refer to the Ihelm Enterprises side of the agreement. We use “you” “your” and “client” to refer to the customer’s side of the agreement.

You agree to pay in advance for services that are provided over a time period and to pay by the agreed method.

You agree that where payments are to be charged to a credit card the charge will be made automatically.

You agree that email will be used for all invoicing and that the email address will be the address supplied and maintained by you under the terms of the agreement.

You agree that it is your responsibility to ensure that payments made to Ihelm Enterprises do not overdraw any payment facility of yours and that any costs incurred by you in this respect are your responsibility.

As described elsewhere in these terms and conditions Ihelm Enterprises reserves the right to suspend and cancel services with appropriate notice. You agree that Ihelm Enterprises is not liable to refund fees that have been paid in advance and that cover any remaining period after such cancellation.

You agree that your cancellation of the agreement will be effective from the next 12-month anniversary of the contract.

You agree that Ihelm Enterprises is not responsible for any loss or damages your business may suffer.

You agree that there are no written or implied warranties as to our services.

You agree that we deny any warranty of merchantability for any specific purpose, including but not limited to delay in delivery, non-delivery, loss of data, service interruption and other failures committed by us.

Compliance with law

Ihelm Enterprises is based in England and operates under the laws of England and Wales.

Ihelm Enterprises will comply with all laws and make every effort to assist in the investigation of possible infringements by others.

You agree that if you operate multiple accounts with us, an infringement of the terms on any one account may lead to suspension or cancellation of all other accounts.

You agree that we may amend these terms and conditions at any time subject to giving 14 days’ notice via the email address supplied and maintained by you.

You agree that in the case of our not notifying you of changes via email we may choose to post a notice on our website a minimum of 30 days in advance of any changes.

All invoices for services can only be paid via cash, cheque, PayPal or bank transfer.

All invoices are to be paid within 28 days of the date on the invoice, unless otherwise stated, – otherwise a 2% charge per month may be added. Failure to pay for services may mean that the provision of services is terminated or we may pursue payment via small claims and county claims courts. In the case of the latter, the company will levee interest at the standard rate per month (8% at time of writing) and will seek to recover all costs of such action.

Ihelm Enterprises Hosting Services

We provide servers for the legitimate use of our clients. You agree to use the servers on the condition that your use will not involve any activity that is or could be construed to be illegal or in violation of statutes, laws or codes of conduct. You will not use our servers or services to seek or to gain access to any resource for which you do not have authorisation. You will not use our servers or services to breach the security arrangements of any server or to explore such security arrangements or to prevent such security arrangements from working as they were intended to work. You will not use our servers or services to engage in denial of service operations of any form, including but not restricted to overloading, flooding, bombing and other hostile activities.

Ihelm Enterprises reserves the right to suspend any account where activity in breach of these terms is discovered. Ihelm Enterprises reserves the right to terminate any agreement where a contravention of these terms can be shown and the client fails to provide an acceptable explanation of the circumstances within seven days. The client may be liable to criminal or civil proceedings and Ihelm Enterprises may be required to provide evidence in support of such actions. Any costs incurred by Ihelm Enterprises will be charged to the client.

The use of our hosting facilities

By using our hosting facilities, you agree to the following conditions.

You agree not to implement any scripting tool to provide shell access to the server without explicit permission from Ihelm Enterprises.

You agree not to allow anonymous users to use your site as a proxy.

You agree to limit any mass emailing to not more than one operation per week and that the scope of such operation shall not exceed twenty percent of the bandwidth allocated for your use per month.

Spam is a universal nuisance and Ihelm Enterprises is committed to policies and procedures that are designed to combat its use. You agree that you will not use our servers or services in spam-related activities. You will not send spam and you will manage your use of our servers so as not to allow third parties to send spam via our servers or services.

You agree to provide and maintain with us a current email address via which you can be contacted and that communications sent via that email address are deemed as having been received by you.

Ihelm Enterprises reserves the right to charge you in respect of any costs incurred in resolving problems resulting from any activity that is deemed by us to be contrary to the terms of use defined herein, whether attributable directly or indirectly to you. The charge is currently £40 per hour.

You agree not to use our servers or services to propagate content that contravenes any laws. Content must not be offensive, libelous, obscene, threatening, abusive, racist, likely to cause unrest, likely to incur civil liability or capable of being interpreted as any of the above. Ihelm Enterprises reserves the right to suspend any account that in its sole discretion contravenes any of the above and to terminate such account if the client fails within seven days to justify its content.

Hosting accounts are provided on a per-domain basis. Clients must obtain permission from Ihelm Enterprises to host more than one domain on it’s servers. An abuse of this policy may mean access is rescinded to company resources.

The company has a duty of care to the availability of it’s clients websites. As a result, whilst a client may be within bandwidth and diskspace usage, the nature of dynamic websites may mean that a client consumes excessive resources. Unless a dedicated server has been provided any site which consumes over 10 percent of the available resource allocation on the company’s servers will be notified and should take corrective action within 14 days.  Such notifications are rare and can usually be fixed by optimizing database queries/updating scripts. In the rare occurrence where these do not return the site to its normal state, Ihelm Enterprises will offer upgrades to higher specification servers where restrictions are less.  Failure to rectify this may lead to a loss of services.

All hosting accounts must have fee’s paid on a regular basis, failure to pay these fee’s may lead to your account being suspended.  If an account is suspended Ihelm Enterprises will not be liable for any lost business or financial loss incurred during this period.  Where an account has been purchased with a domain name from Ihelm Enterprises further fee’s may be payable for the recovery of the domain from the registrars – these fees must be paid before Ihelm Enterprises will attempt to recover lost domain names.

Sites hosted utilising a dedicated IP address must have their renewal’s paid by the due date. Failure to do so may result in the IP address being re-allocated to another client due to the cost of providing these dedicated IP addresses.  If an IP address is re-allocated Ihelm Enterprises may not be able to obtain the original IP address for use again. As a result subsequent loss of connectivity will occur.  Failure to pay by the due date may result in loss of connectivity and related services.

Force Majeure

Neither we nor the client shall be liable for breaching this Agreement where that breach results from Force Majeure.

Force Majeure refers to any event that is beyond the reasonable control of the parties and includes, but is not limited to, acts of God; acts of war; national emergencies; governmental action; union action; civil unrest; fire; explosion; flood and theft.

Ihelm Enterprises Web Design Services

All Web Design services require a 20% non-refundable deposit unless otherwise agreed with Ihelm Enterprises. The deposit secures Ihelm Enterprises for your project on the condition that the project commences within 3 months of the deposit being paid and is returnable only if Ihelm Enterprises cancels the work on your project.

In the case of client cancellation, unless cancelled within 7 days of receiving the contract and paying the 20%, the deposit is non-refundable.

All Web Design clients receive 3 months unlimited support from the day their website goes live. After the 3 months, clients will receive standard support which is charged at a rate of £20.00/hour, unless pre-arranged.

Ihelm Enterprises Limited will place a small amount of text in the footer of each website designed that states who owns the copyright of the design and any graphics/pictures used. This will contain a text link to Ihelm Enterprises Limited.

Ihelm Enterprises Graphic Design Services

All graphics developed by the company remain the property of the company and cannot be re-used or distributed without prior authorization. Any graphics which are based on pre-existing graphics can only be worked upon with written authorization from the owner of said graphics. The finished product remains the property of the company.

Graphical work is only undertaken after the client signs contracts or indicates approval of the contracts.  All graphical work is due for payment upon delivery with proofs being available prior to this (proofs are lower quality files).

Ihelm Enterprises Bookkeeping services

All bookkeeping jobs will be dealt with on a first come first serve basis.  You will be notified if any delays are expected due to high levels of prior work when jobs are commissioned (high levels are expected at the end of the tax year).

The client must provide all the necessary information to do a full set of books – you will be provided with a checklist when the contract is sent out that lists the information that is required.  If there is information missing, Ihelm Enterprises Limited cannot be held responsible for incomplete books due to missing information.

It is the responsibility of the client to ensure the company has received all information and it is the responsibility of the client to ensure all information is legally part of their accounts when submitting it to the company.

All paperwork will be returned to you via recorded delivery or courier service when we are finished with it. If you require special delivery instructions you must make the company aware of these when supplying documents to the company.

We cannot be held responsible for items lost in the courier system, however we will take every step to minimise any disruption due to this.