Conditions Of Use

The use of, access to or the submitting of information to the The Digital Gene website shall be deemed acceptance of the terms and conditions below ('Terms'). These Terms may be altered from time to time and the continued use of, access to or the submission of information to the website will be deemed acceptance of the altered Terms.

Contents Of The Website

All information contained on the website is for general information purposes only and may be altered at any time by The Digital Gene without prior notice.

Disclaimer

The Digital Gene does not guarantee the accuracy, reliability, completeness or timeliness of any information contained on the website or any information submitted to the website by third parties. Any advice given on the website is for information purposes only. Professional advice should be sought before applying any advice to particular circumstances. The Digital Gene does not guarantee that the website is free of computer viruses or any other harmful devices ('Harmful Devices') and accordingly The Social Gene  Limited shall not be liable for any loss or damage whatsoever howsoever arising from any Harmful Devices. In no event shall The Social Gene  Limited be liable for any direct, indirect, special or consequential damages or loss (including, but not limited to, loss of profits, business, revenue, goodwill, and/or any claims made under third party contracts) howsoever arising (whether in contract, tort or otherwise) out of any access to the web site or use of any information contained on the website.

Links

The website may contain links to third party websites from time to time; such links are provided for information purposes only. The Digital Gene is not responsible for the content of or the accuracy of information contained on such websites. The Social Gene  Limited hereby excludes all liability for any claims, loss, demands or damages of any kind whatsoever howsoever arising as a result of accessing third party websites from the links contained in the web site.

Data Protection Act

The Digital Gene in accordance with the Data Protection Act shall use any information submitted to the website by visitors. Any visitor who submits information to the website warrants that the information provided is complete, true and accurate in all respects. We will use your information and the subsequent information we collect about you, to create a database. The Social Gene Limited will use this database and the information it contains. The Digital Gene may contact you about their services. You always have the opportunity to opt-out.

Legal Notice

You may not reproduce or distribute any information or any images from the The Digital Gene website in its whole or in any part whatsoever, without the prior written authority of The Digital Gene. All requests are to be sent in writing to the email address in our website footer.

Our Evolve Guarantee

 
EVOLVE Guarantee: If we built your site or system but you host elsewhere, we guarantee to cover any bug fixes that arise from the functionality we have built for you within 14 days of launch date. This is called the snagging period. EVOLVE Guarantee covers all bespoke work, Aero Ecommerce and Wordpress*

EVOLVE Lifetime Guarantee: If you host your site or system with us, we guarantee to cover any bug fixes that arise from the functionality we have built for you. This guarantee is extended for the lifetime of the platform or software product and the use of our bespoke content management system whilst hosted with us and is continuous with no break points.  EVOLVE Lifetime covers all bespoke work, Aero Ecommerce but not Wordpress*


* Please note - Neither levels of  EVOLVE will guarantee client miscommunication of desired functionality. This needs to be managed across our build process and finally when site or system is hosted on our test server for walkthrough delivery.  We work hard to deliver across a staged process of design and development. Neither EVOLVE guarantees include any breakages that arise from third party integrations, plugins, external parties, any persons with or without user permission or malicious intent. We will always help fix where we can but repair time in these cases will be billable at our hourly rate.

Change Of Information

All information including data, facts, links and images included on this website have been written, edited and compiled by The Digital Gene and can be subject to immediate change without notice.*

*This page was updated on 23rd February, 2021.

Domain Names

Nominet & .uk Domains

Nominet is the central registry of all .uk domains. By registering a .uk domain with us you also enter into a contract with Nominet, the terms of which can be found here : http://www.nominet.uk/resources/policy/policies-rules/#registrationterms

The Nominet tag we use is: ALPHA-T

We may contact you 7 days prior to domain renewal to ensure you still want to keep the domain. We will use the primary email contact details we have registered here - it's your responsibility to make sure we are kept up to date if your contact details change.

If you want to cancel a domain name on our tag, please let us know BEFORE the "expiry date" for that domain. You can find a domain expiry date by looking at it's public "whois" record here : http://www.nominet.uk/whois/.

Our domains are set to auto-renew with Nominet, if you wish to cancel and have left it until the expiry date you will be charged for an additional year.

If you wish to transfer a domain away from us, we only require you to have settled your account with us. We do not charge for the transfer itself.

If you have a complaint, please contact us directly to discuss.

All Other TLD's (.com, .net etc)

We register and manage domains through a number of third party registrars.

We charge from £20+VAT per annum to register and look after a domain name for you (prices vary depening on the registrar and TLD chosen).

We may contact you 7 days prior to domain renewal to ensure you still want to keep the domain. We will use the primary email contact details we have registered here - it's your responsibility to make sure we are kept up to date if your contact details change.

If you want to retain a domain name, please let us know BEFORE the "expiry date" for that domain. You can find a domain expiry date by looking at it's public "whois" record here : https://who.is/.

Unlike the .uk domains, these are NOT set to auto-renew with each registrar.  So if you wish to retain a domain name you MUST let us know as soon as possible.

If you wish to transfer a domain away from us, we only require you to have settled your account with us. We do not charge for the transfer itself.

If you have a complaint, please contact us directly to discuss.

Any domain account which remains unpaid will be terminated with 7 days of the final notice being e-mailed to the customer, and no further notice of termination will be sent.

If you require us to re-instate a domain name it will be subject to an administration fee of £25+VAT.

Refunds

Please be aware we don't give pro rate refunds upon termination of domain. DNS management or email services.

Green Hosting Terms & Conditions

Effective from 1st May 2020

When green hosting services (web site, web application, domain name and/or email accounts) on our servers and/or purchasing web development services and/or purchasing software development services, you must accept the following terms and conditions:

Definitions

'Company' means The Social Gene Limited t/a The Digital Gene. 'Customer' means the Customer of The Social Gene Limited t/a The Digital Gene. 'Services' means services provided by the Company either in the direct or indirect control of the Company. 'Web site' means a web site and all associated files, not limited to source code, scripts and database information.

Terms of Service

The Company provides World Wide Web page hosting, web site design, software design and related services. The Company reserves the right to suspend or cancel a Customer's access to any or all services provided by the Company if the Company considers that the account has been inappropriately or illegally used. The Customer warrants that he is at least 16 years of age.

Service Use

The Company's web hosting accounts are to be used by the primary owner only. Web hosting account holders are not permitted to resell or to store the web hosting services of their web site to other parties without the express permission of The Company. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. The Company reserves the right to refuse service and/or access to its servers to anyone.

Acceptable Use Policy

Acceptable Use Policy below defines the actions which the Company considers to be abusive, and thus, strictly prohibited. The examples named are non-exclusive, and are provided solely for guidance to the Customer. If you are unsure whether any contemplated use or action is permitted, please e-mail hello@thedigitalgene.co.uk for clarification. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company.

1. Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any international, national or local law or regulation.
2. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of the Company.
3. Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

High Resource Use Policy

Resources are defined as bandwidth, disk space and/or processor utilisation. The Company may implement the following policy at its sole discretion: When a web site is found to be monopolising the resources available, the Company reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.

Indemnification

The Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against the Company, its agents, its Customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed, including hosting, domain registration, web design and software design. The Customer agrees to defend, indemnify and hold harmless the Company against liabilities arising out of:

1. any injury to person or property caused by any products sold or otherwise distributed in connection with the Company's server or products.
2. any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party.
3. copyright infringement, and
4. any defective products sold to Customer from the Company's server.

Disclaimer

The Company will not be responsible for any damages to the Customer's business or for other financial losses resulting from services provided by the Company. The Company makes no warranties of any kind, expressed or implied for services provided. The Company disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of business or data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the Company and its employees. The Company's financial liability is restricted to the price paid for the service provided.

The Company reserves the right to revise its policies at any time, and to revise these terms and conditions at any time without notice.

Billing Data

The Customer is responsible for keeping their billing data with the Company's up-to-date and accurate. Furnishing incomplete information will result in an e-mailed request to complete it, and failure to comply with the request will result in account suspension until completion. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

Payments

The customer is responsible for paying all their invoices and charges in relation to service rendered. The Company will normally bill the Customer upon renewal. Failure to settle accounts will mean account suspension, and a reactivation administration charge may be made which if not paid, will again result in account suspension. Any account which remains unpaid will be terminated with 7 days of the final notice being e-mailed to the customer, and no further notice of termination will be sent. Loss of Customer's data will occur on termination, for which the Company is not liable. The Company reserves the right to offset any outstanding arrears with any additional accounts the customer may hold.

Refunds

Please be aware we don't give pro rate refunds upon termination of hosting services.

Security

Customers may not use the Company's services as to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. The Company will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability.

E-mail and other types of Internet-based message distribution: The Company has zero tolerance for Unsolicited Email that is in any way associated with the Company, its clients, or any of its client's associates. Customers are prohibited in anyway whatsoever from using Unsolicited Email as a means of advertising data or services to distribute such materials.

Infringements of this policy can result in any one of the following:

1. A warning from the Company, via e-mail or phone.
2. Removal of DNS for the advertised / originating site.
3. Temporary shutdown of the server or a block on outgoing mail.
4. Permanent disconnection of service.

Infringements of this policy include, but are not limited to:

1. Sending mail to users who have not specifically requested to receive such mail, including opt-out mailing lists.
2. Sending, being involved in sending, or employing a third party to send mail which advertises or mentions a site hosted at the Company to users that have not specifically requested this mail.
3. Forging of message headers to mask the originator of the message.
4. You will be held responsible for the actions of your clients in this matter, so it would be best for you to implement a similar or stricter policy. 
5. Harassment, whether through language, frequency, or size of messages, is prohibited.

Termination

The Company reserves the right to withdraw services at any time. If termination is caused by the Customer's violation of these terms, then services paid for in advance shall be refunded only at the absolute discretion of the company. In the event of Customers having paid annually in advance, the calculation of any refund is subject to a base calculation of the fee paid, less the monthly charge rate in place when service commenced multiplied by the number of months the Customer has received service, rounded up to the next whole month. If any refunds are due these will be made by company within 30 days of receipt of cancellation.

If you require us to re-instate our hosting service it will be subject to an adminstration fee of £25+VAT.

Changes

The company reserve the right to update these Terms & Conditions at any time and without notification - for this reason please review our current Terms & Conditions of use from time to time.

These terms and conditions do not affect your statutory rights as a consumer.