Terms and Conditions of use of myVersionControl's hosting service

This hosting service is owned and maintained by myVersionControl ("MVC"), which is wholly owned and operated by Beaton Brothers Ltd, a company registered in Scotland with registration number SC 343637 and its registered office at Tower Mains Studios, 18D Liberton Brae, Edinburgh EH16 6AE. The use of this hosting service is subject to the following terms and conditions which you should read carefully. These terms and conditions set out how we will provide document and file hosting services (the "hosting service"), for private and commercial use only, to those people whose applications for such hosting services we accept ("you" or the "customer").

1. Your privacy

   1. MVC will not disclose any material uploaded to our servers to anyone else without your permission, unless legally required to or to enforce or protect its rights or to defend any claim or action brought against MVC.
   2. You are responsible for maintaining the confidentiality of your personal details, account details and password. You will enter these details via our account registration form and will maintain them via an account administration panel. You are responsible for all activities that occur under your account or in respect of your use of the hosting service.
   3. You agree that the internet is an inherently insecure medium for the transmission of data and intellectual property. At any time, your electronic transmissions from any location to MVC's hosting service may be monitored, redirected, or otherwise interfered with by a third party. MVC has put reasonable measures in place to prevent third parties from maliciously interfering with electronic transmissions to and from the hosting service. MVC does not make any representations as to the effectiveness of these measures.

2. Duration of the contract between you and us

   1. You can request to subscribe to the hosting service online, by telephone or by completing a paper application form and returning it to us. The contract between you and us will start once we have agreed to your request.
   2. Your contract with us will continue for a minimum period of 1 calendar month from the date that we make the hosting service available to you. After this minimum period you will continue to receive the hosting service until either you or we end this contract in the way set out below (please see "Ending the hosting service"). We may also end your contract with us or suspend your use of the hosting service at any time if you do not keep your contract with us (please see "Your failure to keep this contract").

3. Content you host on our servers

   1. As part of the hosting service we provide to you, you may set up your own website for electronic documents and files. You will be responsible for any material that you or anyone else places on your website(s). You may choose your own sub domain name for your website(s) (for example my_subdomain_name.myversioncontrol.com).
   2. We may reject or remove sub domain names that we believe may infringe someone else's trade mark. In addition we may reject or remove names that we believe are offensive.
   3. Your web site must not include any material that is unlawful or is likely to cause offence, anxiety or harm to others. In particular you must ensure you have the correct permissions in place to use any material that is subject to copyright. If we believe that the material on your web site is sufficiently harmful, unlawful or offensive, is illegal or we receive complaints about your web site after we have already issued you with a written warning, we may either suspend your web site indefinitely or end the contract between us immediately without further notice to you.
   4. We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses that we incur as a direct result of the misuse of the hosting service either by yourself or by someone you have knowingly allowed to place material on to your web site.

4. Our charges and paying for the hosting service

   1. You agree to pay to us the appropriate charges for your use of the hosting service including any set up fees that may apply at the time you subscribe. Our current charges are set out on the pricing page.
   2. We accept payments form any type of Mastercard or Visa card or Paypal.
   3. myVersionControl is based in the United Kingdom, all payments will be processed in the UK. Payments are processed in US Dollars, GB Pounds or Euros dependent on where you originally subscribe to our hosting service.
   4. We will collect the first payment from you through your chosen method of payment shortly after the date on which the hosting service is made available to you. We will then collect payment on a monthly basis.
   5. If you cancel or change the credit card or visa debit card which you use to pay us, you must tell us immediately and provide us with an alternative method of payment acceptable to us.
   6. If you fail to pay us on time we may charge you interest on overdue amounts at the rate of 4% a year above the base rate for Alliance and Leicester Commercial Bank Plc from the date that money became due to us until the date on which you make payment to us.

5. Security, usernames and passwords

   1. We will provide you with a set of usernames and passwords to access your website. Where possible we will give you the username and password of your choice, however your username must not mislead, infringe on others rights, cause distress, be obscene or indicate a connection to another person, company or organisation that has not been authorised.
   2. You must ensure that your usernames and passwords are kept confidential and are only used by you and persons you wish to use the service. You must tell us immediately if you know or suspect that your username or password has been compromised.
   3. If we believe that there has been or is likely to be a breach of username or password security we may (at our sole discretion):
      1. suspend your username(s) and passwords; and
      2. ask you to change any or all of the passwords you use in connection with the service.
   4. You must tell us immediately of any subsequent changes to the information you supply to us when you registered for the service.
   5. We have invested in robust security technology to keep your data safe, however you accept and acknowledge that the service, as with other Internet applications, is not secure and we do not guarantee the prevention or detection of any unauthorised attempts to access the data on your website. It is your responsibility to protect your computer from computer viruses by installing and updating adequate anti-virus software.

6. Your failure to keep this contract

   1. We can suspend the service or end this contract (or both) at any time, with immediate effect and without notice:
      1. if you fail to pay the sums due for the service within 7 days after we have e-mailed to you to tell you that your payment is overdue;
      2. if you break any material term or condition of this contract;
      3. If we are directed by any competent authority to stop providing the service.
   2. If we suspend your contract you will continue to be responsible to us for the charges.

7. Ending the hosting service

   1. You may give us notice by telephone or e-mail to cancel within the first 14 days of the date of your registration with us provided your hosting service has not been activated. If you cancel in this way, this contract shall be treated as null and void and you will be refunded the charges within 30 days. This is consistent with your rights under the Distance Selling Regulations 2000.
   2. You may end your contract with us:
      1. by giving us at least 1 month's notice to us by telephone or e-mail.
      2. at anytime if we break a material term of this contract and we fail to remedy it within 28 days of a written notice from you; or
      3. at anytime if we suspend your use of the hosting service under this contract and such suspension has continued for more than 28 days.
   3. We may end your contract with us for any reason and at any time by providing you with no less than 30 days' notice.

8. Events outside of our reasonable control

   1. We will not be liable to you for any failure to deliver the hosting service or for any breach of contract, where the failure or breach is due to a reason outside of our reasonable control.

9. Changes to this contract

   1. We may change these terms and conditions (including the charges) at any time by providing you with notice of the changes at least 14 days before the change takes effect at which time you may terminate this contract if the change materially and detrimentally affects your use of the hosting service. If you decide to use the hosting service after receiving an updated version of these terms and conditions, you will be bound by the updated version.

10. Third party software

    1. MVC is not responsible for the code that implements any 3rd party software or service used on our web site nor are we responsible for the code that implements any 3rd party software or services provided via a non web interface. This is the responsibility of the implementers of the 3rd party software. Software that is referred to on our website is provided to our customers "as is" and MVC makes no warranty to you as to its availability, reliability, suitability or timeliness.

11. Data backup

    1. MVC will maintain a backup to all customer data on multiple servers, but makes no claim about the accuracy and reliability of these backups.
    2. Any items you upload to the hosting service that have not been updated for a period longer than 6 months will be removed from the live service. We will store back-ups of your data for up to 2 years and you may request a copy of your data any time during this period. MVC may make a service charge for providing this data.

12. Other

    1. This contract represents the entire understanding between you or us in relation to its subject matter and supersedes all agreements and representations made by you or us, whether oral or written.
    2. This contract does not create any rights under the Contracts (Rights of Third Parties) Act 1999 that are enforceable by any person who is not a party to it but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
    3. You cannot assign or transfer any of your rights or obligations under this contract.
    4. Neither of us shall be considered to have waived any right under this contract due to failure or delay in exercising that right.
    5. If any part, term or provision of this contract is found to be illegal or unenforceable by the court the validity and/or enforceability of the remainder of this contract will not be affected.
    6. This contract between you and us will be governed by and construed and interpreted in accordance with the law of Scotland and the parties submit to the non-exclusive jurisdiction of the Scottish Courts.