Terms & Conditions

This Agreement is made between Lemonstorm Limited ("Lemonstorm") and the customer ("Customer") for the provision of services in accordance with the following Business Terms and Conditions.

  • 1 - Definitions

    • In this Agreement, the following words and phrases shall, unless the context otherwise requires have the following meanings:-
      • "Acceptable Use Policy" means Lemonstorm's Acceptable Use Policy, the current version of which is available on the Lemonstorm website, as amended from time to time;
      • "Lemonstorm" means Lemonstorm Limited, a private company limited by shares with the company number 06370059;
      • "Lemonstorm equipment" means any hardware, cabling, peripherals, software or any other equipment that Lemonstorm shall provide the customer as part of the services, whether owned by Lemonstorm or a third party supplier but specifically excludes equipment that has been sold outright to the customer;
      • "Lemonstorm website" means the websites operated by Lemonstorm currently at the URLs www.lemonstorm.com or www.lemonstormsupport.com (as such URL may change from time to time);
      • "Confidential Information" means all confidential information (however recorded or preserved) disclosed by a party or its employees, officers, representatives or advisers to the other party in connection with this Agreement including any information relating to the business, affairs, customers, clients and suppliers of the disclosing party (or of any group company of the disclosing party) and any information relating to the services, product information, know- how, designs, trade secrets or software of the disclosing party (or of any group company of the disclosing party);
      • "Customer" means the person or company, who receive the service(s) from Lemonstorm under the terms of this agreement, as identified on the order invoices and receipts;
      • "Fees" means the fees and charges payable by the customer for the use of the services and all other fees and charges payable by the customer to Lemonstorm in accordance with this agreement;
      • "Force Majeure Event" means any circumstances beyond the reasonable control of either party to this agreement including but not limited to adverse natural events such as fire, storm, flood and extreme weather conditions; the outbreak of hostilities, riot, civil disorder or commotion; acts of terrorism; ninja attacks, industrial disputes or acts or defaults of any local or central government or other competent authority;
      • "Initial Period" means the period as detailed on the order invoices and receipts;
      • "Order Process" means the process in which the customer requests and purchases services from Lemonstorm;
      • "Service Deliverables" means any materials, equipment, software, deliverables or other items of any type developed, created or supplied (whether alone or jointly) by Lemonstorm in the course of the provision of the services;
      • "Service Description" means the description of the services, which if appended to this agreement, forms a part of it;
      • "Service" means a service set out in the Order process and/or the service Description, to be provided by Lemonstorm to the customer pursuant to this Agreement;
      • "Service Commencement Date" means the date on which a service is successfully installed;
      • "Service Term" means, in relation to each of the services, the period from the service Commencement Date to the expiry or termination (for any reason) of the services pursuant to this Agreement;
      • "SLA" means the service level agreement applicable to the service;
      • "Terms and Conditions" means these terms and conditions;
      • "Written Request" means a request made either by written letter or by email;

    • This page contains important information regarding our terms of service.

    When signing up to any of our services, you must agree to comply with the terms of use described on this page. By paying you are agreeing to abide by these terms of use.

    About Us

    Lemonstorm Limited is a limited company registered in England and Wales with company number 06370059. The company is currently VAT exempt.

    Terms and Conditions

    The following terms must be agreed to in order to use any of our services. If you do not agree to any of the below, you must not proceed with your order and must inform us immediately. We will be happy to explain any points if you are unsure of their meaning.

    Money Back Guarantee

    All our hosting packages and text messaging services carry a 30 day money-back guarantee. As text messages are bought in bulk, refunds will only be issued for unused text messages. If you are dissatisfied for any reason at all then just let us know why and if we can't help, we'll issue a full refund. Please note that SSL certificates, web design, graphic design, print work and domain costs are not refundable.

    Abuse

    Customers are responsible for all scripts, data and other objects on their accounts. Abusive scripts are scripts which interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity. Any account found to be the source of abusive scripts will be immediately suspended and investigated, and subject to action as detailed under Illegal Content. We will always notify customers and, where necessary, fully co-operate with the authorities. We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is prohibited at all times.

    Adult Content

    Legal adult content as defined by UK law is allowed on our servers however you must inform us as we will host your site on a separate IP to prevent any SEO implications for other clients.

    Illegal Content

    Any content deemed illegal by UK law or the law of your country of residence is strictly forbidden and offending accounts will be immediately suspended or terminated at our discretion. We will fully co-operate with the authorities regarding any breach of the law.

    Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination with no refund.

    Service Level Agreement

    We endeavour to provide a 99.9% service uptime, excluding planned or emergency server maintenance or conditions beyond our reasonable control. All customers will be notified of planned maintenance at least 24 hours in advance through our Twitter and Facebook pages and, should the maintenance last for longer than 20 minutes, via e-mail.

    For every 4 hours of preventable and unscheduled hosting service unavailability (as verified by Lemonstorm Limited) we will upon request credit a full 24 hours' costs to every hosting account. We reserve the right to judge each claim on a case-by-case basis.

    Payment

    Renewal invoices are generated 15 days in advance and sent to your registered e-mail address. It is your responsibility to ensure this e-mail address is kept up to date and can receive e-mails from any '@lemonstorm.com' address.

    Failure to complete payment before the renewal date will result in automatic suspension of your services should the invoice remain unpaid, and then terminated after a further 30 days if payment still hasn't been made. In order to ensure service availability we strongly recommend renewing a minimum of 48 hours before the expiration date.

    Overusage

    Account usage is checked frequently. All accounts will receive notification when bandwidth usage is nearing the account's limit. Overusage will result in automatic account suspension unless a prior agreement has been reached. Usually the cheapest option is to upgrade to the next package where available, otherwise our standard charges are 40p/Gb for additional bandwidth usage and £2 per 250Mb disk usage. Upon suspension please contact us to arrange upgrade pricing.

    You agree to use our shared hosting services for the purpose of hosting a website. No bulk processing or bulk mailing or other resource-intensive activity is permitted without written consent. We reserve the right to enact defensive movements to maintain the stability of our systems for all clients.

    If you believe your website may be susceptible to high or otherwise abnormal usage you must contact us to discuss the suitability of our hosting environment.

    Cancellation, refunds, termination and disputes

    If payment for a service is not made by the renewal date the service will be suspended, and 30 days after that renewal date the service will be terminated. This will be considered an act of cancellation on behalf of the user. Refunds will only be issued within the first 30 days of the commencment of a service, and will only be given for every whole unused prepaid month. Refunds will be paid to the billing account that originally made the payment.

    A breach of any of the terms and conditions as described on this page will result in immediate termination with no refund.

    Any setup fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method as listed on our contact page.

    Force majeure

    Neither party to this agreement shall be liable to the other for any delay or non- performance of its obligations under this areement to the extent that such delay or non-performance is due to a Force Majeure Event. The Customer may not rely on a Force Majeure Event for any delay or non-performance of any obligation to pay Lemonstorm under this Agreement.

    Either party may, during the continuance of any Force Majeure Event, terminate this Agreement by written notice to the other party if a Force Majeure Event occurs that affects all or a substantial part of the Services and which continues for more than 30 Working Days.

    Educational discount

    Educational discounts are only applicable to users who have an .ac.uk or .sch.uk email address, and are actively involved in education (be it student, teacher, lecturer or educational staff). The person placing the order must be the person detailed in the previous sentence. The account holder must not share their credentials or account with anybody else, and products / services purchased from the site that the discounts apply to must not be bought on behalf of other individuals or organisations that they themselves are not affiliated with. Lemonstorm reserve the right to alter, add and remove any of the offers available at any time without prior notification. Educational discounts cannot be applied to existing products and/or services. Educational discounts are only available to select products and services, as detailed on the website. If a user obtains a refund for any existing products / services and then re-purchases them within 30 days, the educational discount will not be applicable and Lemonstorm will issue an invoice as detailed in the next paragraph.

    If it is found that a user has purchased products / services with the educational discount but has broken any of the above terms, Lemonstorm will issue an invoice to the user requesting payment for the outstanding amount, calculated as the sum of the user's order(s) without the discount applied minus the amount already paid by the user. This invoice must be paid within 30 days in order to avoid legal action being sought by Lemonstorm.

    Disclaimer, Limitation of Liability and Copyright

    We are unable to assert fitness for any specific purpose and as such Lemonstorm Limited cannot be held liable for any form of consequential loss or damage caused directly or indirectly by use of our service, misuse of our service, downtime, service issues, data loss or any other event. In the event of any preventable disruption to service we will credit your account as described in our Service Level Agreement. Our liability will not exceed the total amount paid for the service. If you have sensitive or mission-critical data to host, you must seek your own insurance and independent legal advice.

    Our backups of hosting accounts are intended as a convenience service and are not guaranteed or intended to replace your backup procedures. It is your sole responsibility to ensure you have a backup of all your important data.

    All material on this website is copyright Lemonstorm Limited, unless otherwise stated.

    Changes

    We reserve the right to alter these terms and conditions at any time. We recommend you regularly check this site to keep up to date with our terms and conditions