" DreamShock" or "DreamShock Design " or "DreamShock Design Studios" refers to DreamShock Design LTD., its subsidiaries and affiliates. "Service" refers to the services provided by DreamShock and subscribed to by Client and may include, but is not limited to, Domain Name registration , Website Hosting, Website Consultation and Website Design. "Client" refers to the person or organization who uses or subscribes to DreamShock's Service.

Customer Services

United Kingdom: Please contact our customer service department on 0845 838 5418 monday to friday, 9am to 5:30pm.
or alternatively write to 5 Beach Green, Shoreham-by-Sea, West Sussex, BN43 5YG.

General

This Agreement sets forth the Terms and Conditions that apply to use of the Service by client. By using the Service, client agrees to comply with all of the Terms and Conditions set out in this document.

DreamShock shall have the right at any time to change or modify the Terms and Conditions applicable to client's use of the Services, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice by DreamShock, which may be given by any means including, but not limited to, posting on our website, or by electronic or conventional mail. Any use of the Services by client after such notice shall be deemed to constitute acceptance by client of such changes, modifications or additions.

Services are provided on the basis of, and are subject to, service, facility and equipment availability. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason whatsoever.

Term and Termination

Website Hosting is for an initial term as agreed between DreamShock and Client and shall automatically renew at the end of the initial Term on a month-to-month basis unless terminated by DreamShock or Client in accordance with these Terms and Conditions.

If client is dissatisfied with DreamShock's service, or with any of the terms, conditions, rules, policies, guidelines, or practices in operating the Service, Client's sole and exclusive remedy is to terminate the Service agreement with DreamShock in accordance with the cancellation policy and discontinue using the Service. You must provide DreamShock with not less than Seven (7) days' written to advise DreamShock of Client's decision to terminate the Service agreement.

No refunds will be given for partial terms or for any initial registration fee(s) or design fee(s).

DreamShock reserves the right to terminate any Service to Client immediately and without notice for cause in the event that Client breaches this Agreement. DreamShock may, at our sole discretion, suspend Client's service in lieu of terminating this Agreement while we investigate the alleged breach of this Agreement.

Client's Responsibilities

While using the Service client must comply with applicable laws at all times. Client assumes total responsibility and risk for Client and Client's authorized users' use of the Service.

Client is responsible for paying all charges necessary to use and access the Service. DreamShock will recognize only Client as the person or business authorized to accept, utilize, manage, modify or terminate the Service.

Privacy

DreamShock may collect and use personal information about Client and Client's use of our Services ("Information"): (i) to consider initiating and to initiate, maintain and develop our relationship with Client in connection with DreamShock offering and servicing of services; (ii) to administer billing and accounting services and security measures in relation to Client's business with DreamShock; (iii) to monitor Client's customer history, evaluate credit standing and to share or exchange credit reports and information with credit reporting agencies and credit bureaus; (iv) to promote and to market additional products, goods and services offered by DreamShock, including by means of direct marketing; and (v) to comply with legal and regulatory requirements.

Client consent to DreamShock collection from, verification with, communication to, any third party and DreamShock and their use of, Information for these purposes. Client authorize these parties to give us the Information. Client acknowledge that its name, address and telephone number are not considered confidential Information and may be disclosed by DreamShock. In addition, Client agrees that DreamShock may disclose Information to: (i) any person who, in our reasonable judgment, is seeking the Information as your agent; or (ii) a person involved directly or indirectly in supplying the Service to Client, including, without limitation, our sales agents, to the extent the Information is required and used only for such purposes, including the efficient supply of Services to Client, and provided that person is required to keep such Information confidential; or (iii) a person retained by DreamShock to collect amounts which Client owes or to enforce our rights under these Terms and Conditions, if the Information is required for, and is to be used only for that purpose and that person is required to keep such Information confidential.

DreamShock may also use Information in our records for as long as it is needed for the purposes described above and Client's consent remains valid after the termination of relationship with Client. Client understands and agrees that, unless DreamShock is notified in writing (letter, email or facsimile) to the contrary, DreamShock is further authorized to disclose, on a confidential basis, to any party with whom we have business relations all relevant information relating to Client's dealings with DreamShock and DreamShock's Service.

DreamShock's Privacy Policy sets out the obligations with respect to the safeguarding, collection and use of Client's personal information and is subject to modification from time to time by DreamShock. Client agrees to review the Privacy Policy periodically to become aware of any such modifications. Continued access or use of our Service shall be deemed to be conclusive acceptance by Client of the modified Privacy Policy.

Service Rates

The prices for Website Hosting are made available on our web site and are subject to change without notice. All services related to Website Design are based on individual needs and are invoiced only.

Invoices

DreamShock will invoice Client, in advance of the provision of Service, unless otherwise specified in these Terms and Conditions. The invoice will include, and Client will be responsible for, any applicable provincial and federal taxes, as well as interest charges on overdue invoices.

Client must bring invoice inquiries and disputes to DreamShock's attention within 30 days of the invoice date and failure to do so will be deemed to be an admission that the entire contents of the invoice are accurate.

Payment Terms

Invoices are due on the date specified on the invoice. Interest will accrue on unpaid amounts as and from 30 days after the invoice date at the rate of 1.5% per month (19.56% per annum), or such other rate as DreamShock may determine from time to time. Payment shall be made by check, credit card (Visa or MasterCard ), Paypal, or pre-authorized payment. Should a payment be rejected by Client's financial institution for any reason, Client will be charged a fee of $25.00 US or £15 UK. In the event, client does not submit re-payment of rejected payment(s) within 60 days, payment in full shall be due immediately. Client shall be held liable for all fees used to collect debts

Hosting

Hosting services are provided to our clients only, we reserve the right to decline offering these services to any client at anytime without penalty or liability to ourselves, where necessary. Payment are based on a monthly billing system. Sites unpaid after 2 monthly billing cycles will be suspended, billing will continue to occur until client submits in writing to billing@dreamshock.com for cancellation. Provided client does not cancel within a 6 month billing cycle of unpaid debt, services will be permanently cancelled.

Client shall be held liable for all fees used to collect debts.

Service Interruption

We may suspend the Service at any time for any duration of time, without penalty or liability to ourselves, where necessary. You agree that it may be necessary for us to temporarily suspend our Service for technical reasons or to maintain our network, equipment or facilities. We shall not bear any liability whatsoever for: (i) any such suspensions of Service; (ii) the termination of Service pursuant to these Terms and Conditions; (iii) suspension or termination of Service due to your non-payment of amounts or deposits due; (iv) suspension or termination of Service due to your unlawful or improper use of facilities or Service by you; (v) your inability to access any Services; or (vi) suspension or termination of the Service for any other reason at our sole discretion.

Limitation of Liability

The Service is provided on an "as is" and "as available" basis and use of the Service is at Client's own risk. We make no representations or warranties whatsoever, either express or implied, with respect to the Service or any service, or information provided through the Service, including without limitation any representation or warranty with respect to the network transmission capacity of any common carriers used by DreamShock or the accuracy or quality of the Service. There is no warranty of title, non-infringement nor any implied warranty or fitness for a particular purpose. It is solely Client and Client's authorized users' responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information and the quality of the Service and services provided through the Service generally.

Neither DreamShock nor our suppliers warrant that the Service will be uninterrupted or error free.

Without limiting the generality of the foregoing, DreamShock and its suppliers, and our respective directors, officers and employees (collectively, in this paragraph, "DreamShock"), are not responsible or liable to Client or third parties for any claim, loss, damages, liability or expenses Client or others may suffer or incur as a result of, arising out of, or in any way connected with the Service, any use of it or interruption in it, or our equipment, whether through act or omission, negligence or otherwise, and whether direct or indirect. Without limitation, DreamShock is not liable for any incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if DreamShock has been advised of the possibility of such claim, loss, damages, liability or expenses by Client or others. Client assumes all responsibility and liability with respect to mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance. The limitations on liability contained in this Agreement shall survive the termination of this Agreement. Without limiting the generality of the foregoing, in no circumstances shall our liability to you exceed one (1) month's user fee.

Your Indemnification of DreamShock

Client shall indemnify and hold us and our directors, officers and employees harmless against all claims, loss, damages, liability or expenses that we and/or they may suffer or incur, directly or indirectly, arising out of, resulting from or in connection with Client's use of the Service. Indemnification includes, but is not limited to, claims by third parties, the installation, presence, maintenance, and removal of any and all equipment, the violation by Client of the Agreement in force from time to time, and legal fees, disbursements and all other reasonable costs incurred by DreamShock in connection with any legal, collection or other proceedings brought by DreamShock against Client related to this Agreement.

Relationship

The relationship between DreamShock and Client constitutes that of independent contractors. Clients do not possess, nor are Clients able to distinguish themselves as having, any authority to act for or create any obligation of, or make any representation on behalf of or in our name. Client shall not use, in any manner or circumstance whatsoever, trademarks, trade names, logos or designs owned or licensed by DreamShock.

Notice

Any notice by Client to DreamShock shall be submitted in writing by e-mail to: info@dreamshock.com

Force Majeure

Neither party shall be liable for any delay, interruption or failure in the performance of our obligations if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond the control of the party affected that may prevent or delay such performance. If any such act or event occurs or is likely to occur, the party affected shall promptly notify the other, giving the particulars of the event. The party so affected shall use reasonable efforts to eliminate or remedy the event.

Unenforceable Provisions

If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.

US Governing Law

The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the State of Illinois, and the Federal laws of the United States applicable in said State.

Client may be subject to other local, provincial, State,national and international laws. Client hereby irrevocably submit to the exclusive jurisdiction of the Courts of the State of Illinois for any dispute arising under or relating to this Agreement and waive all rights to institute legal proceedings in any other jurisdiction. DreamShock shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where Client reside, does business or has assets.

Language

These terms and conditions are available in English only and apply to all other languages.

Waiver

No waiver of any of the provisions of these Terms and Conditions shall be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

Entire Agreement

These Terms and Conditions represent the complete Agreement and understanding between DreamShock and Client with respect to the Service and supersede any other written or oral agreement.


DREAMSHOCK DESIGN STUDIOS: Creative Media Solutions
WEB DESIGN • DIGITAL VIDEO • DIGITAL PHOTOGRAPHY • CORPORATE BRANDING