Plain
English:
The celebrated Chinese philosopher known
as Confucius once declared that, "Clever talk and a pretentious
manner are seldom compatible with the benevolent" and
we feel that he was quite right:
Whilst we do recognise
that a more 'formal language' does sometimes have its rightful
place within industry and commerce, it does however seem that
the 'I.T Industry' in particular has needlessly cultivated
an entirely new and overly ambiguous
language all of its very own. It's an exasperating fact that
such language is often regularly employed in order to confuse,
cover up shortcomings and to justify unwarranted high prices...
In total contrast Akumenta are very proud to
promote the use of clear, friendly plain English, without
the unnecessary use of 'spin', 'jargon', 'buzzwords', 'double-talk,
'hard sell' sales tactics, or any other kind of irritating
nonsense!
We feel sure that you will find our honest and friendly approach
quite refreshing...
If
you do still crave a quick dose of hazardously concentrated
jargon then try our very own
[Jargon Generator!]
Spam:
As you're no doubt already aware, Spam is the
name given to unsolicited and unwanted messages sent to your
email address. In other words - electronic junk mail.
Accordingly, when providing services such as
email / online forms etc, Akumenta will endeavour to apply
various sophisticated systems in order to reduce the possibility
of spam being received by our clients.
Additionally you can be
assured that Akumenta will never send Spam of any kind for
any purpose.
Some tips on Spam:
We all receive
Spam (unsolicited email) and we all know how irritating
it is. Despite it now being ILLEGAL to send Spam, According
to British Telecom, around 80 per cent of emails sent over
the internet, equivalent to 6.5 billion emails a day, are
spam.
Above all,
NO reputable or legitimate company would ever even consider
sending you an email without your clear invitation or permission.
By that measure, any
company that DOES send you an email without your direct
permission, or without your clear invitation, (no matter
how 'official' or genuine it may appear), is quite publicly,
and truly unashamedly demonstrating their own complete lack
of ethics, professionalism and respect for the law.
One
simple rule: Never respond to unsolicited email!!!
Never respond to
spam for any reason, even if it looks truly genuine,
(not even to ask them to stop spamming you!). Just remember,
if they REALLY were respectable, legitimate or trustworthy
then they simply would not have spammed you in the first
place...
Customer
Confidentiality / Privacy:
Akumenta is often
entrusted with sensitive third party information (such as
private passwords for example) during the course of a task
/ project, or in order to enable the provision of certain
services. Accordingly, without exception, please be assured
that such trust will always be reciprocated by absolute professional
confidentiality at all times.
Data
Security:
Akumenta take great care to stringently safeguard
all client's data, systems, passwords in all circumstances
at all times. However, ultimately please be aware that our
sophisticated systems are only as secure as our customer's
choice and handling of passwords / log-in details!
Accordingly we ask and require that all customers
please take fitting and constant care to keep such sensitive
information strictly secure and private at all times. (This
should include constant attention to the possibility of malevolent
keystroke recorders, spyware or viruses being present on any
computers being used to access secure systems, and to the
possibility of unauthorised access to any associated network).
Additionally we respectfully require that all
customers please utilise reasonably lengthy and complex log-in
details / passwords in order to protect any secure systems
or services provided by Akumenta (or Akumenta partners). Crucially,
where more than one system is being handled by a single customer
we also require that such customers please choose and utilise
widely varying log-in details / passwords for each respective
secure system. (Please be aware that you disregard these requirements
and reasonable requests entirely at your own risk and consequently
no liability will be accepted for any breached system; fee's
may also be levied for any associated repair work consequently
required). We do genuinely appreciate that complex / varying
passwords may sometimes be inconvenient, however we strongly
believe that good security should take priority over convenience
(and the potential damage / repair work that could be caused
by unauthorised access to any secure system).
To further reinforce data security, we do not
permit FTP access to bespoke websites that we host, unless
expressly agreed from the outset.
General disclaimer: In
the unlikely and remote event of any unauthorised access to,
disclosure, exposure, loss, alteration, corruption of any
data or secure systems, Akumenta will not be held liable,
financially or otherwise. This includes, (though not exclusively)
any data hosted,
, sent or received by Akumenta
(or authorised 3rd parties), or any data situated on a clients
computer, server, network, mainframe, storage or processing
device of any form. Additionally,
if after thorough review and analysis, it is deemed that any
breach of security / loss / damage / corruption has occurred
as a result of the the above guidelines not being adhered
to, Akumenta reserve the right to levy fair and reasonable
fees for any restorative / repair work subsequently required.
Simply put, we cannot force you, but PLEASE
use sensible / varying passwords & keep them safe, so
that we can all sleep soundly at night!
Data
Storage:
Please bear in mind that for reasons of practicality
and also security, all project data, weather it be design
work, coding, content, artwork, etc. cannot be stored indefinitely.
Accordingly, if and where we are required to store any form
of data in relation to any services, as a general rule this
will be deleted upon completion, expiry or cancellation of
such services.
e-Commerce:
Akumenta provide first
rate, tailor made, secure and reliable online commerce and
trading facilities, however Akumenta
will not be held liable for any issues or losses, financial
or otherwise, brought about by any form of 'glitch', error,
omission, security breach or system failure.
Accordingly, Akumenta ask
and strongly recommend that all e-commerce customers carefully
review their transactions DAILY as a matter of standard good
business practice. (You do NOT do so at your own risk).
Please also see "Data Security" and
"Standards / Compliances / Requirements"
Hosting
Services:
As an integral and hassle free service alongside
all sites that we build, Akumenta provide fast, solid and
reliable hosting without hindrance.
However, from time to time maintenance may
be required in response to planned (or very rare unplanned)
events, or circumstances beyond our control. This may in turn
lead to a temporary reduction or pause in hosting and possibly
other related services. In such an event, Akumenta will not
be held liable in any form, for any issues or losses arising
either directly or indirectly from any such service outages.
Hosting
Content & Usage:
Akumenta reserve the right to refuse the hosting
of, and the right to remove, anything deemed to be plagiarist,
libellous, inflammatory, unlawful,
or under any kind of dispute. Likewise,
Akumenta will not be liable, financially or otherwise, if
found to be unintentionally hosting anything that may be deemed
to be to be plagiarist, libellous,
inflammatory, unlawful, or under any kind of dispute.
Additionally, any attempt to use Akumenta's
hosting or email facilities for deliberately malevolent purposes,
such as hacking, the deployment of greyware, malware, spyware,
viruses, bot attacks or the deployment of SPAM, will result
in immediate termination of the associated account with no
refunds being given.
Project
Payments:
Once any project has been proposed and agreed,
in order to commence any work Akumenta will typically require
an upfront cleared payment of 30% of the established total
development fee. Please note that such deposits are non-returnable.
Subsequently, upon the completion of any project, the remaining
balance (of the total development fee) will then be due immediately.
For example, the completion of a web development project will
commonly be signified by the 'launch' of a website (i.e. making
it available on the World Wide Web).
Hosting
Payments:
To reduce paperwork and bank charges Akumenta
reserve the right to charge for hosting services in advance,
for fixed 12 month periods. Once a hosting period is underway
no refunds will be given under any circumstances; (this does
not affect your statutory rights). Additionally, for smooth
unhindered annual service renewals, Akumenta reserve the right
to group associated hosting services into one annual renewal
date.
Payment: Requested payments MUST please be
received in good time before the associated hosting plan renewal
date. With this in mind, payment requests will be sent out
approximately 14 - 38 days before this due date.
Overdue payments: Late or bounced payments
may result in the restriction / suspension, or in extreme
cases, the permanent termination of the associated hosting
account. If for any reason a hosting plan is suspended / withdrawn
by Akumenta, or cancelled by request of a client, any overdue
invoices / payments will STILL be due and no refunds will
be given. Akumenta also reserve the right to levy reasonable
interest against overdue payments. See related update below:
Important T&C update
- Jan 2012: Please note that whilst being more liberal in
the past, we have recently been compelled to instigate a strict
service suspension policy with regards to late hosting payments.
This means that without exception, where a customer
has not formerly conveyed any potential issues regarding making
payment, and where payment is not received by any advised
due date, hosting will be automatically temporarily suspended
until payment is received and successfully processed. No liability
will be accepted for any issues or losses that this may incur.
(Realistically this should never be an
issue as we always issue invoices in ample time before any
hosting renewal date. Crucially though, if you do foresee
any issues making payment before any invoice due date please
let us know immediately so that we may work with you to resolve
the matter. We are human and we can help if you have an issue
making payment, as long as you tell us about it in good time!)
Cancellation: Notice of any hosting service
cancellation MUST be RECEIVED by Akumenta in writing at least
SEVEN WORKING DAYS before the final due date of any hosting
renewal invoice. Please note that a full years hosting fee
will STILL be due if that years hosting is canceled outside
of this very reasonable minimum notification period, or if
the automatic renewal date has already been reached / elapsed.
Official hosting commencement dates for NEW
Web development projects: In order to ensure uninterrupted
hosting services and data security, (and also to keep our
admin and overall fee's low), Akumenta will typically group
together mixed commencement dates that may relate to a combination
of hosting services* being duly provided and utilise a single
clear and all encompassing multi-service start / renewal date.
This single start date will represent the beginning of a 12
month hosting period and be established so as to reasonably
and fairly signify a time at which significant services are
/ were implemented and provided by Akumenta through a clients
request or out of established development necessity. Accordingly
an initial annual hosting period (free or paid) may on some
occasions begin some time prior to the actual 'launch' of
a new Website, though this will ultimately depend upon what
services were initially requested, required, implemented.
*(I.E. Web hosting / domain hosting / holding
page / pro email / SSL digital certification / online databases
etc)
Akumenta reserve the right to review fee's
annually.
The above fair conditions are applicable to
all Web hosting, e-mail and domain name hosting services.
Housekeeping
/ Content Update services:
Akumenta provide generously flexible content
management / housekeeping services alongside Web Hosting services
wherever agreed.
Akumenta's housekeeping services are very liberally
accommodating, however please note that this does not apply
to extra features, additional Website development, or anything
that may constitute significant extra graphic design work,
redesign work or additional programming and scripting.
Whilst Akumenta will always aim to accommodate
all customers requests, we do however reserve the right to
review and amend any housekeeping agreement at any time where
'overuse', 'misuse' or even 'exploitation' of this generously
accommodating service is observed or considered.
Standards
/ Compliances / Requirements
All services / features / products are arranged,
authored or supplied whilst considering the requirements and
seemingly relevant compliances / standards that are known
to apply at that time. No liability will be accepted if such
requirements / standards later change or expand for any reason.
In such an instance a nominal and fair fee will be levied
relating to any subsequent work required. Additionally, no
liability will be accepted and reasonable fee's may be levied
if new requirements are brought to Akumenta's attention any
time after the initial project outline and quotation.
Essentially this means that if the 'goalposts
move' after we've carried out some work for you, whilst we'll
always be generously helpful in meeting any further requirements,
you may have to absorb the related costs or at least a reasonable
percentage of the costs.
Additionally, with regard to e-commerce, please
note that it is our customer's responsibility to call for
and adopt the appropriate standards so as to adhere to any
specific requirements set forth by their bank, transaction
merchant or by the Payment Card Industry. Akumenta will not
be held liable, financially or otherwise, for any issues arising
from a customers failure to call for or adopt said standards.
Please also note that if we reccomend a particular compliance,
which not then adopted, we will not be responsible for any
consequent issues or penalties.
Bandwidth:
Akumenta provide unlimited bandwidth for all
hosted Websites. However, as with most service providers,
Akumenta reserve the right to bring into force what is know
as a 'fair usage policy' in extreme cases of bandwidth consumption.
This simply means that any site found to be using an extraordinarily
high amount of bandwidth may incur extra hosting fee's accordingly.
Copyright:
This entire site and it's
contents remain © Copyright 2005 onwards by Akumenta
and respective authors.
All work that we publish
/ provide / produce remains ©
Copyright Akumenta or respective authors and is published
/ provided / produced for its originally established usage
only, by the originally established commissioning party. Elements
of the work that we publish / provide / produce may also remain
proprietary (by Akumenta or respective authors). As is standard
practice with any commission work, 'redistribution' is not
permitted without prior written agreement. Very generous extended
licensing can be provided for additional usage upon request;
please just ask!
We
are proud of our work (and the many dedicated and painstaking
hours that go into it), hence please respect our copyright
/ licensing; Unauthorised copying, modification, republishing,
reselling, redistribution or 'content scraping', is prohibited
unless otherwise clearly arranged and agreed in writing. Any
unauthorised breach of copyright / licensing will be vigorously
persued. Please just ask... we are decent, friendly and reasonable
people!
Please
& Thank you:
Most importantly, above all of these T&C,
Akumenta pledge to always be friendly, polite, respectful...
We're genuinely nice people, we are also highly flexible,
dedicated, highly willing and generous in our work, so we
just ask that you please return such courtesies to help make
it all worth while! All said and done 'please' and
'thank you' cost nothing but can go a very long way
:-)
With reference
to the above terminology:The wording "our", "we"
and "Akumenta" all refer to the individuals
providing the services being
referenced within these T&C and throughout this Website;
Akumenta being the
trading name of those individuals. Whilst "you",
"your" and "customer" refer
to anyone utilising Akumenta's services.
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