Terms of Service

Rake Mark Solutions Ltd. ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Rake Mark Solutions Services constitutes acceptance and agreement to Rake Mark's AUP as well as Rake Mark's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Rake Mark, and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Rake Mark shall have the right to terminate all service set forth in this Agreement.

Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Credit / Payment: Credit Terms are not provided.

The customer is responsible for all charges on the service account until a written cancellation request is received by standard mail signed by the Administrative Contact for that account. If you wish to terminate your contract you should give u s written notice at least 5 days before the renewal date of your contract with us. If you fail to send us this notice of termination within 5 days of the date your contract is automatically renewed then you shall become liable for the fee for your next billing period in full. If it is not terminated for any reason then it automatically renews for a further term of your chosen recurring billing p eriod (default is one year) on each anniversary or each month of you agreeing to its terms (i.e. the date you made your application). If your account/service is activated before payment is made then payment must be sent in full by return. If payment is not made in full within 14 days all technical support for the site will be revoked. If payment is still not made in the following 7 day period your account will be suspended on our systems. If payment is still not made in the following 7 day period, your account will be deleted from our servers and all DNS services will stop. All packages have a minimum term of 30 days unless the package has been paid for 1 year in advance in which case a 1 year commitment is required.30 days prior to the end of your contract, you will receive a renewal invoice. If paying monthly, you will receive a monthly statement, available through your control panel (If you hosting package includes a cp). Refunds will not be provided.

Refund and Disputes: All payments to Rake Mark Solutions are non-refundable unless they qualify for a money back guarantee. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge, in Rake Mark’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Rake Mark an "Administrative Fee" of not less than £50 and not more than £150.

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Money back guarantee: for a money guarantee is strictly limited to those specific accounts that the offer is advertised on and the account must be cancelled within the first 30 days starting from when the account is activated and is only applicable to accounts that do not have access to a control panel. Any usage of extra services on the account must also be paid for in full even if the account is cancelled within the first 30 days.

Account Cancellation: Requests for cancelling accounts may be made by email or post with at least 30 days notice but not more than 60 days prior written notice. You must have all account information to cancel.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered Rake Mark on behalf of the account holder a handling fee will be incurred.

Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Rake Mark, will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Rake Mark on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
Transfering Domain names away from Rake Mark accounts may incur a small handling charge (at our discretion). The transfer away process is depentant on the recieving ISP (Internet Service Provider) and therefor if the process is not completed due to the recieving provider, the fee will be considered earned. Any Transfer fee is non-refundable.

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Rake Mark will monitor Customer's bandwidth and disk usage. Rake Mark shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds t he Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Rake Mark's sole and absolute discretion. If Rake Mark takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Rake Mark may, at its sole discretion, collect a deposit, in an amount at the rates listed on www.rakemark.com.

Rake Mark reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Rake Mark must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: Rake Mark wishes to emphasize that in agreeing to the Rake Mark Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Rake Mark for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Rake Mark or the bringing of any claim against Rake Mark by any third-party. This means that if Rake Mark is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Rake Mark, plus all costs and legal fees.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Rake Mark is not responsible for any damages your business may suffer. Rake Mark does not make implied or written warranties for any of our services. Rake Mark denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Rake Mark.

Rake Mark reserve the right to change these terms without notice.