Terms and Conditions of Use

We want to make being a PelicanDream customer the best experience it can be. If you have any queries about our terms of use, please email us through our contact form.

PelicanDream provides internet, email & application hosting and additional services. PelicanDream reserves the right to suspend or cancel a customer's access to any or all services provided by PelicanDream when PelicanDream decides that the account has been inappropriately used or otherwise.

Note: all our services are covered by the General Terms and Conditions below, in addition please see service specific terms and conditions as below.

Our business is continually evolving and as such we reserve the right to change our Terms and Conditions when necessary. It is your responsibility to ensure that you are up to date with all of our T&Cs. We will, however, notify you of any prominent changes we feel you need to be pro-actively made aware of.

By signing up for any of our services you agree to be bound by all the Terms and Conditions listed here.

General terms and conditions:

Server use
  • PelicanDream reserves the right to refuse service and/or access to its servers and/or services to anyone.
  • PelicanDream does not allow any of the following content to be stored on its servers:
  • Adult material - includes all pornography, erotic images, or otherwise lewd or obscene content.
  • Excessive download content or non-linked content.
  • Refusal of service based on content matching either of these two criteria is entirely at the discretion of PelicanDream.
  • PelicanDream reserves the right to move your data to a different server with no previous notice.
Support
  • We will endeavor to provide a continuous high quality service. If you experience problems with your service, you should consult our support section.
  • Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime is usually emailed to our customers or announced on the PelicanDream website, as are details of any interruptions to our services.

Unlimited Use Policy

  • High bandwidth usage: PelicanDream offer unlimited web space and bandwidth with some account types. By this, we mean unlimited space for legitimate web site content and bandwidth for visitors to view it.
  • All files on a domain must be part of the active website and linked to the site. In rare cases, PelicanDream may find a customer to be using server resources to such an extent that he or she may jeopardize service performance and resources for other customers. In such instances, and at PelicanDream's discretion, PelicanDream reserves the right to impose the High Resource User Policy for the consideration of all customers.
  • PelicanDream provides four different packages, each with varying server space and bandwidth. If it looks like your business is growing and you need more bandwidth, it is advised to upgrade your package to provide the space and bandwidth needed.
  • Unauthorised bandwidth usage will be billed at $10/GB/month.

Database Usage

  • If you exceed the limits on our database products (MS SQL and MySQL) then we will automatically charge you for the additional space you use at our current prices. For example if you have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 50MB in that month.
High Resource User Policy
  • Resources are defined as bandwidth, processor utilization or disk space.
  • PelicanDream may implement the following policy to its sole discretion:
  • When the resources utilised by a customer in using a service are abnormally high, PelicanDream reserves the right to suspend that service immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our services. Customers may be offered an option whereby PelicanDream continues supplying the service under a reduced usage criteria specified by PelicanDream. Failure to comply with such measures may result in your service being terminated.

Uploads via scripting languages

  • We limit uploads made via scripting languages - including PHP, ASP and ASP.NET. Uploads made using PHP are limited to 20MB per file.
Delivery of Goods and Services:
  • All web hosting services are delivered or start within minutes after payment is received.
  • Photo's, Screen Savers, eBooks and other digital media are delivered through secure download options immediately after payment is received. Users buying such digital media will receive their password and login details be email and be directed to a download page on the PelicanDream website.
  • For Posters and Books ordered and paid for, although we will package and ship the product immediately if in stock (which will be indicated at the time of purchase) due to difficulties with the UK Postal System beyond our control, please 1 week for delivery in the UK and 2-3 weeks for delivery in Europe, the USA or South Africa.
  • For services such as Web Design, Logo or Print Design projects, these are delivered in the stages and time frame set out in our design agreements, which are signed and agreed with each customer on a personal customer by customer basis, depending on the scale of the project and the agreed time-frame for delivery.
30 Day Trial
  • For customers opening their first account the initial 30 days are available on a trial basis. Customers will not be entitled to this benefit if they have previously had an account with PelicanDream unless the period of absence has been greater than one year. New customers will not be entitled to a trial period if any account has previously been created at the same postal address within the same 12 month time span.
  • The 30 day trial does not apply to our Domains, Broadband or Dedicated Server offerings.
Contract Terms
  • All hosting, email and dedicated server accounts are subject to a 12 month minimum contract term.
Cancellations
  • After the minimum contract period, customers may cancel any package by contacting the Customer Care team on +44 (0) 2084 171 604 (Monday to Friday, 9:00am to 5:30pm UK time). Customers must provide details of the account / package to close, including the account Owner Password for verification. PelicanDream will not, under any circumstances, close an account without first confirming the Owner Password.
  • Customers will be required to complete a Closure Confirmation form, authorising the permanent removal of all website and email services on the account, from our system.
  • On receipt of a completed Closure Confirmation form, the account will be scheduled to close. PelicanDream will acknowledge the closure by sending an email to the email address registered on the account.
  • If PelicanDream do not receive the completed Closure Confirmation form within 14 days of sending, the cancellation request will be discarded and the account/package will remain open.
  • Any incentives that were offered to customers when opening their account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives, in the result of a cancellation.
  • PelicanDream reserves the right to cancel the service at any time.

Refunds

  • Fees charged on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.
  • Customers will only be entitled to a refund when the service is within a trial period, or where the service is cancelled by PelicanDream.
  • In the event that PelicanDream cancels the customer's service, the customer will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes PelicanDream' Terms of Service a refund may not be issued in the event of a cancellation.
  • Customers who cancel during the initial 30 day trial period will only be entitled to a full refund for their hosting fees, but will not be entitled to a refund for any additional services purchased. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.
  • Domain credits are non-refundable as they enable the purchase of domain names at discounted prices, based on an up-front commitment.

Chargebacks

  • Any customer withdrawing payments via bank or credit card or PayPal account (a "chargeback") may be subject to a punitive fee of £50, should the company deem this chargeback to be unfair. The company also reserves its right to defend such chargebacks and recover the original monies from the card issuer.
Payment policies
  1. All accounts are set up on a prepay basis. Although PelicanDream reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due every 30 or 365 days, from the date the account was established. Customers will automatically be charged again at the end of their prepay period unless confirmation of the wish to close has already been received.
  2. In situations where the card number on file is declined PelicanDream will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, PelicanDream reserves the right to suspend other services until the outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a €30 administration charge. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
  3. You are required to have a valid credit/debit card and email address registered on your account at all times, failure to do so may result in suspension of your account.
  4. No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer's card will be charged automatically.
  5. All payment is in UK sterling or Euro. All prices displayed are shown excluding UK VAT.
  6. In the event of non-payment of bills for services rendered by PelicanDream, including web hosting, web design, consultancy, marketing, printing, administration fees or any other fees charged by PelicanDream, we reserve the right to suspend our services including the hosting of your website, email or database, until receipt of the full amount owed. (An administrative penalty fee of €150 will be charged to reinstate your service above the normal 25% late payment interest mentioned below.)
  7. In the event of late payment (invoices older than 30 days past due date) a 25% per 30 days interest fee will be added to the original invoice amount.
  8. On account closure and/or transferral to another provider a closure fee equal to the usual relevant setup fee associated with that account will be charged, even if said setup fee was waived at the time the account was opened.
  9. PelicanDream reserves the right to suspend any hosting, website management, transferral or other admin duties, relating to an unpaid account until said account has been paid. (See point 6)
Your personal details
  • Please note that whilst your email is primarily used for billing purposes, PelicanDream reserves the right to email you information about enhancements to our systems and product offerings. You can unsubscribe from marketing communications at any time.
  • We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and delivery address to third parties that PelicanDream may use for the purposes of delivering specific services to you (e.g. customer support).
Payment options

In order to streamline our accounting procedures and keep costs down PelicanDream currently runs a limited number of payment options.
  • Credit / Debit Cards: PelicanDream accepts MasterCard, Visa, Visa electron, Maestro, Amex, Delta through PayPal.
  • Cheque Payment: This option is only available to business customers who pay annually for their PelicanDream account. A credit/debit card number will still be required if customers require the facility to purchase domains and other services on-line. PelicanDream cannot guarantee that a service will be provided until after any received cheques have been cleared.
  • Bank Transfer: This option is only available to business customers who pay annually for their PelicanDream account. A credit/debit card number will still be required if customers require the facility to purchase domains and other services on-line. PelicanDream cannot guarantee that a service will be provided until after the transferred amount has been received and credited on our accounts.
Cancellation and refunds
  • PelicanDream reserves the right to cancel the service at any time. If a customer contravenes PelicanDreams' terms of service a refund will not be issued in the event of a cancellation.
  • Customers may cancel their account at any time by giving written notice to PelicanDream. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.
  • Fees charged on a prepay basis are non-refundable. Customers are not entitled to receive a refund unless the service is cancelled by PelicanDream. In addition, some accounts incur set-up fees, these charges are also non-refundable. In the event of an account closure and/or transferral, a closure fee may be applicable.
  • The PelicanDream 30 day money-back guarantee is valid on all our web hosting plans. It does not however apply to domain registrations. If a customer cancels a Business Pro or Entrepreneur package, the cost of their domain registration which is included with these plans, will be deducted from the amount refunded. Any extra services purchased such as search engine submission, premium email, etc. can not be refunded.

Chargebacks

  • Any customer withdrawing payments via bank or credit card (a "chargeback") may be subject to a punitive fee of £50, should the company deem this chargeback to be unfair. The company also reserves its right to defend such chargebacks and recover the original monies from the card issuer.

Indemnification

  • Customer agrees that it shall defend, indemnify, save and hold PelicanDream harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against PelicanDream, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless PelicanDream against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with PelicanDreams' server; (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 PelicanDreams' server.

Disclaimer

  • PelicanDream will not be responsible for any damages your business may suffer. PelicanDream makes no warranties of any kind, expressed or implied for services we provide. PelicanDream does not back up your data/website unless PelicanDream has been responsible for the original design of your website and/or you have taken out a specific site maintenance contract with PelicanDream, and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, PelicanDream cannot guarantee to be able to replace lost data. PelicanDream disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by PelicanDream and its employees. PelicanDream reserves the right to revise its policies at any time.

Ownership Of Artwork

  • Until full payment has been made, PelicanDream (Albert Square LTD) retains full rights and ownership of all original artwork or parts contained therein, whether preliminary or final. Upon full payment, the Client shall obtain the full user rights of the final artwork to use and distribute as they see fit in any medium: print, web, radio, TV, Film. PelicanDream (Albert Square LTD) retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the Client will be given any necessary credit for usage of the project elements. In accordance with intellectual property rights, PelicanDream (Albert Square LTD) retains the right to a 5% royalty on any monies derived by the Client through items sold to promote the brand, containing the design(s) of PelicanDream (Albert Square LTD); or brand names and /or product names that are the brainchild of PelicanDream (Albert Square LTD) that are either sold, traded for profit or used to try to enhance the marketing or sales of a product or service or used as a mechandising tool or product.

Project and/or Production Delays

  • Any project undertaken for a Client or price quotation provided for a Client regarding a specific project/production where PelicanDream has set out the usual timeframe of the project/production and the Client has delayed the project beyond the original timeframe agreed upon, will be subject for review by PelicanDream. All prices quoted are valid for 30 days from the date they were made. On any project/production contract where the Client delays, extends or otherwise prolongs the original timeframe beyond 30 days of the original timeframe agreed by both parties on contract signature, all remaining payment shall be required in full, before the project/production is finalised.

Project and/or Production Corrections, Changes, Revisions and Alterations

  • Any project/production undertaken for a Client by PelicanDream where the Client requires substantial changes, corrections, alterations and revisions of the work delivered by PelicanDream, where these changes, corrections, alterations and revisions are due to the Client changing their texts, profile, photos, aim, goals, products or other changes that are more than normal corrections, i.e. correcting typos, punctuation or similar, will be billed by PelicanDream according to our standard hourly rate.

Production Schedule/Delivery of Project

  • The Client will assume any shipping or insurance costs related to the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the Client. PelicanDream (Albert Square LTD) shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of Client, unusual transportation delays, unforeseen illness, or external forces beyond the control of PelicanDream (Albert Square LTD). If such event(s) occur, it shall entitle PelicanDream (Albert Square LTD) to extend the completion/delivery date, by the time equivalent to the period of such delay.

Printing

  • All print projects need to be paid in full by the Client and received by PelicanDream before any print work of any kind is done.

Third Party Shipping

  • In the event any material necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, colour separation, press work, or binding, PelicanDream (Albert Square LTD) will not be liable for losses incurred in transit, or due to the delay of the shipper of the third party.

Claims Period

  • Claims for defects, damages, and/or shortages must be made by the Client in writing within a period of seven (7) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.

Proofing of Final Project

  • It is the Client’s responsibility to ensure that there are no spelling or grammatical errors in the final product. It is agreed that PelicanDream (Albert Square LTD) is not responsible and will not be held liable for any errors in the final product after the final product has been signed off by the client and committed to print or posted in view of the public.

Cancellation

  • In the event of cancellation of the project, ownership of all original artwork done by PelicanDream (Albert Square LTD) shall be retained by PelicanDream (Albert Square LTD) and a fee for work completed, based on the contract price and expenses already incurred, shall be paid by the Client.

Sole Agreement

  • The agreement between PelicanDream (Albert Square LTD) and the Client, constitutes the sole agreement between PelicanDream (Albert Square LTD) and the Client regarding a project. Any additional work not specified in the contract, must be authorized by a written change order. All prices specified will be honoured for 30 days after both parties sign the contract. Continued services after that time will require a new agreement.

Disputes

  • Any disputes arising from a contract between PelicanDream (Albert Square LTD) and the Client, will be litigated or arbitrated in London, United Kingdom.  The agreement shall be governed and construed in accordance with the laws of England.

Confidentiality

  • All correspondence and documents provided will be treated as confidential between the Client and PelicanDream (Albert Square LTD), unless consent has been granted by both parties involved.

Affiliates

  • Affiliates DO NOT officially represent PelicanDream and may not give the impression they do. Affiliates MAY NOT make claims on behalf of PelicanDream and MAY NOT collect monies on behalf of PelicanDream. PelicanDream has a commission structure set out for all affiliate payments, which are paid out on a monthly basis, 30 days after successful purchase, for all balances over €100 for sales generated by said affiliate. PelicanDream applies a NO SPAM policy. Any affiliates found spamming will have their accounts cancelled and forfeit any commission earnings.

Please note: by signing up for any of our services you agree to be bound by all PelicanDream terms and conditions.

(Terms and Conditions last updated: 01 January 2016)

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Copyright © 2004 - 2015 PelicanDream, a division of Digital Europe SA. PelicanDream is a licensed trading name of Albert Square LTD, UK. All rights reserved.
London Office: Dalton House, 60 Windsor Avenue, London SW19 2RR, UK
Company registration No. 5522209. Registered in England and Wales. Registered Office: 2nd Floor, 145-157 St John Street, London, EC1V 4PY, UK

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