WORLDWIDE DOMAIN SERVICES LTD
T/A NAMELYNX (“Namelynx”)
TERMS AND CONDITIONS OF USE OF THIS WEBSITE
(“Terms of Use/Terms”)
PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY BEFORE USING
THE SITE

Last updated on : 1 May 2021

WHAT IS IN THESE TERMS?

These Terms set out the basis on which we offer the Hosting Services found at website www.namelynx.com (“the Website”) to You and should be read carefully. It will form an agreement between the company, person or organisation that subscribes for and purchases the Services (“You/Your”) and Namelynx & its affiliates, (“Namelynx/Us/Our/We”).

Your attention is particularly drawn to the provisions of clause 9 which may limit our liability to You and Your rights.

  1. YOUR USE OF THE SERVICES
    • By subscribing to any of our Services, You confirm Your agreement to comply with and be bound by these Terms, policies and guidelines incorporated in it. If You do not agree to all of these Terms, please do not use the Services.
    • We suggest that You print/save a copy of these Terms for future reference, but please note that the Terms may be amended from time to time and You should always ensure You are referring to the correct and most updated version as published on Our Website.
    • These Terms apply to Your use of the Services. It will not change the terms of any other agreement we may have in place with You.
    • You represent and warrant that You are over the age of 18 and are lawfully able to accept these Terms. If You are subscribing for or using the Services on behalf of any entity, You further represent and warrant that You are authorised to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify Us for violations of these Terms.
  2. ABOUT US
    • Company details. Worldwide Domain Services Ltd t/a Namelynx (company number 12361684) is a company registered in England and Wales and Our registered office and main trading address is at 71-75 Shelton Street, Covent Garden, WC2H 9JQ, England. We own and operate the Website You can find at namelynx.com where we offer the Services to You for subscription (“the Services”).
    • Contacting Us. To contact Us, e-mail Our customer service team at support@namelynx.com . If You would like to give Us formal notice of any matter under these Terms please refer to clause 2.
  3. OTHER TERMS THAT MAY APPLY TO YOU
    • These Terms of Use refer to additional terms which also apply to Your use of the Services (“Additional Terms”):
      1. Our Privacy and Cookie Policy namelynx.com/privacypolicy and see below how We may use Your personal information;
  1. OUR CONTRACT WITH YOU
    • Agreement. We will rely on these terms and Your order as the agreement between us as far as is legally permissible. If You require any changes, please make sure that You ask for them in writing to try and help avoid misunderstandings of what we expect of each other. If You are a business customer these terms constitute the entire agreement between us in relation to Your purchase. You acknowledge that You have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms.  Our liability to You will also be capped to the value of the goods purchased if You are a business customer.
    • Services. We agree to supply to You the hosting services as set out at namelynx.com (our “Website”) from time to time (the Services”), in accordance with the terms set out here. We may use subcontractors from time to time to carry out some of the Services on our behalf. From time to time Us or our subcontractors need to carry out maintenance on the network which may involve temporarily shutting parts of it down. We will give as much notice as possible and will try to keep this work to the period specified in the notice. We accept no liability whatsoever arising from such a suspension of the service. We do not guarantee that any of Our services will be uninterrupted, error-free or completely secure.  There are risks inherent to the internet such as hacking, malware, DDoS etc that could result in the loss of data and/or privacy.
    • Transfer of Contract. We may transfer our rights and obligations under these Terms to another organisation or use subcontractors to perform the Services. We will always let You know in writing if this happens and will make sure that Your rights under this contract are not affected.  You may not transfer Your rights to another party without our prior consent.
    • Contracting Age. In order to validly contract with Us You must be 18 years or older. Please do not use the Services if You are not 18 years or older.
    • Location & Language. These Terms and Our Contract are intended for people residing in the UK. We do not represent that the content available on or through our Website is appropriate for use in other locations and will be made only in the English language.
    • Amendments/Changes.
      1. We may change Our Terms from time to time, to reflect any changes to what we offer, Our customer’s needs and our business priorities. We will try to give You reasonable notice of these changes and We will publish the updated Terms on the Website. You should check these Terms regularly and at least every time You use the Website to ensure that You are happy with any changes. You will be deemed to have accepted any changes to the Terms if You continue to access or use the Website.
      2. We may also update and change our Website from time to time.
  1. ACCESSING OUR SERVICES
    • Website content disclaimer. You will register an Account on our Website by choosing your own account password details. Materials and information published about/related to our Services on Our Website are not intended as advice and should not be relied on as such. All materials and information are for publicity and informational purposes only. We do not guarantee that the contents of the Website will be free of errors, trojans, viruses, bugs, worms or otherwise make any representations in respect of its quality, accuracy or completeness of the content available on the website.
    • Security & Your use of the Services. You are responsible for maintaining appropriate software on Your computer or device to protect You from any errors, bugs, worms, trojans or viruses and will complete your own tests for computer viruses in accordance with best computing practice on a regular basis.
    • Password protection. You are responsible for access to Your Account using Your Internet connection, even if if this is by another person. You remain responsible for the safety and security of Your password and log in details. To help protect against unauthorised access to Your account We suggest You store Your username(s) and password(s) safely and securely. Please ensure that Your password is not one You have used before, that it is eight characters or more and, ideally, not one that You use on other sites.
    • We recommend that You don’t disclose Your username(s) and password(s) to anyone. We also recommend that You sign out of Your account at the end of each session. You may also wish to close Your browser window when You have finished Your session, especially if You share a computer with someone else or if You are using a computer in a public place.
    • Unauthorised access. If You suspect that unauthorised access has been made to Your account You must notify Us immediately by contacting support@namelynx.com. We will investigate any suspicious activity. We reserve the right, and You authorise Us, to disable or block Your account and any user identification code or password at any time where it is suspected that unauthorised access has been made to Your account or for any other reasonable reason in Our discretion.
    • Restricted Access. We reserve the right to reasonably restrict Your access to the Website or part of it. Access to restricted areas may be subject to registration and other conditions. If we grant You permission to access a restricted area, we may withdraw that permission at any time (including where You breach any of these Terms).
  2. HOW YOU MAY USE THE SERVICES & OUR ACCEPTABLE USE POLICY

When using the Services, You undertake the following:

  • Use. You may not use the Services or the content for anything other than personal and non-commercial purposes. Any commercial use will require a license from Us.
  • You agree to abide by any EULA applicable in respect to the Services.
  • You will procure at Your cost, install and maintain, and comply with all licensing requirements in respect of all required enabling software and third-party software used via the Services. You acknowledge that a failure to do so may impact Your use of the Services.
  • We may request that You provide evidence of the licensing status of any software used by You on the Services.
  • We reserve the right to disable/delete any feature or application provided on shared hosting service without notification if that feature/application is found to be detrimental and/or is hampering the web server’s’ overall health and performance.
  • Restrictions. You may not:
    1. You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited. If You abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate Your Account without refund.
    2. In any way act abusive towards our members of staff. If You do so, we will have the right to terminate Your account with us without refund.
    3. 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 you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
    4. You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
  • You agree and understand that users who violate systems or network security may incur criminal or civil liability. We 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.
  • Subscription and Fees. Pricing for the Services will be set out on our Website, in Your order for the Services and detailed in Your Account.
  • Methods of Payment. We accept payment done through various Credit, Debit card and Payment platforms as indicated on our Website from time to time. We do have an automatic payment facility. You can store your credit or debit card details via our payment provider and your card will be charged every month on the due date of the invoice. You can select what services are automatically paid from our Website.
  • Should we accept bank transfers (in our discretion):
    1. Payments from within the UK will take up to 3 working days to be applied. A working day is classified as Monday to Friday excluding UK bank holidays.
    2. Payments from outside of the UK can potentially take longer than 7 working days dependant on the transfer method used. Please contact Your payment provider for more details of timeframes.
    3. Payments must be made in GBP (Great British Pound) and You are responsible for any fees incurred by Your bank for conversion from Your local currency.
    4. If a payment is received in any currency other than GBP we will convert Your payment at the current exchange rate and deduct any fees incurred by our bank, this may result in Your payment failing to cover the full amount due, if this happen we will inform You that we require a further payment to cover the outstanding balance.
    5. You are responsible for all charges imposed by both the sending and receiving bank, it is Your responsibility to include any additional amount to cover these charges, please check with Your bank before making any transfer if You are unsure.
    6. You must include Your client ID/Account Number as a reference on all bank transfers, failure to do so may prevent us from being able to locate the associated account which may result in suspension of Your account for non-payment.
    7. If multiple invoices are outstanding, we will apply the transfer starting with the oldest first, any excess amount will be applied to the next oldest and so forth, if the amount is to be applied to a specific invoice You must also include the invoice(s) reference in addition to Your client ID.
    8. If the transferred amount exceeds the total due on Your account the excess will be converted into service credit and applied to Your account.
    9. Payment for the goods is in advance through the payment portal used (such as Stripe/Paypal but not limited to it) by providing Your credit card details and is automatically deducted by the payment portal service provider.
    10. You agree that a payment transaction constitutes an electronic transaction and that a binding contract has been concluded between us in terms of which You authorise Us (or the payment portal service provider) to deduct from, or to debit, the credit card the amount owing for gods purchased.
    11. If a transaction is authorised by the bank You will receive on screen confirmation of Your purchase. Should the transaction be declined by the bank, You will receive notification of this on screen and no purchase will be made. Your bank may charge fees for declining a payment which we will not be responsible for.
    12. We are not able to check Your name against any card details inputted into the chosen payment portal system and accordingly You indemnify Us against any claims howsoever arising from incorrect card details or the use of Your card by persons who have no authority to do so.
    13. On confirmation of a purchase, an e-mail will be generated and dispatched to You. The e-mail address provided by You will be used to send the receipt.. It is advised that You print the confirmatory e-mail receipt for Your record purposes.
  • Correction of Pricing. We take all reasonable care to ensure that the prices published for the Services are correct at the time when the relevant information was entered into the system. It is always possible that, despite Our reasonable efforts, some of the Services on Our Website may be incorrectly priced. Where the correct price for the goods is less than the price stated on Our Website, We will charge the lower amount and if the correct price for the Services is higher than the price stated on Our site, We will contact You in writing as soon as possible to inform You of this error and We will give You the option of continuing to purchase the Services at the correct price or cancelling Your order. If We are unable to contact You using the contact details You provided during the order process, We will treat the order as cancelled and notify You in writing. However, if We mistakenly accept and process Your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, We may cancel supply of the Services and refund You any sums You have paid.
  • Invoices. Invoices are generated before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 5 business days after the official due date. If no attempt is made within the next 10 days to pay due invoice(s), we reserve the right to permanently terminate You Account and delete all data held. In total 15 days from the official due date will pass before we permanently terminate Your Account.
  • Renewals. Account renewal reminders will be sent to You before the renewal / due date to ensure that You have enough time to make payment. Reminders will be sent before the due date in intervals. A grace period of 5 business days will be given to all unpaid accounts past the renewal / due date. The hosting service will be suspended on the 14th business day of the account being past due and a notification email would be sent informing about the suspension of service. Backup, if purchased / applicable, will be provided only after the overdue amounts are paid during the suspension period, i.e. between 6th and 14th days (both days inclusive) of account being past due. We allow up to 5 business days after the account has been suspended, for the renewal fee / dues to be paid. The account will be terminated permanently once this period of additional 5 business days is over. After your account has been terminated, we can no longer guarantee the recovery of your data. Although all best efforts will be made to recover data past this point if invoices are paid, there is no guarantee that data can be successfully restored.
  • Change in pricing. Pricing may change from time to time, but changes will not affect any order You have already placed unless such changes is due to government or other legal requirements in which event we will notify You and You will have the option to cancel Your Services.
  • VAT. Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the goods You must pay Us such additional amounts in respect of VAT, at the applicable rate, at the same time as You pay the purchase price of the goods. Individuals and businesses outside of the UK may qualify for VAT exemption (as dictated by the applicable laws from time to time). You may need to provide documentation as required from time to time to prove such status and eligibility for exemption.  On signing up for the Services however, we will charge you VAT which may be refunded if eligibility for VAT exemption is successfully proven.
  • We reserve the right to pass on any additional charges/price increases as a result in price changes from third party software and license vendors irrespective of the hosting cycle with notice to You and as far as is legally possible.
  • Cancellations. All cancellation requests must be made by contacting our customer services team at support@namelynx.com . Cancellation requests will only be accepted if received from the e-mail account registered on Your Account. 30 days’ notice is required for all cancellation requests. Cancellation requests are processed Monday to Friday, 9am to 4pm excluding UK bank holidays. Should you cancel your hosting before the renewal date or wish to transfer your domain name to another service provider during its registration period, transfer charges will be payable before such action is completed and we will notify you of these following your request to cancel.
  • Refunds. SSL certificates, domain name registrations, software licenses and WHOIS protection (where applicable) are not eligible for refunds. Refunds will only be processed to the originating payment media (e.g. debit card, Stripe or PayPal). Refunds can take up to 7 working days to be processed, the time for the funds to reach you is purely dependant on the payment method and not within Our control. If a refund which is requested by the Customer is to an international bank account outside of the United Kingdom, the Customer agrees to bear all charges incurred to us for the payment transfer. The amount which the Customer owes us shall be deducted from the total refund amount.
  • Changes to specification. We reserve the right to amend the specification of the Services Please check the Website regularly for such updates. Major changes to the specifications in order to ensure a better customer experience and more accuracy will be communicated to You and You may end the contract with us for goods paid for but not received yet.
  • Contract of Sale. We must receive payment of the whole of the price for the goods that You order before Your order can be deemed accepted by Us and a valid contract of sale is concluded. Once payment has been received by Us we will confirm that Your order has been accepted by sending an email to You at the email address You provide in Your order form. Our acceptance of Your order brings into existence a legally binding contract between us.
  • Acknowledging receipt of Your order. After You place Your order, You will receive an automated e-mail from Us acknowledging that We have received it together with Our invoice, but please note that this does not mean that Your order has been accepted. Our acceptance of Your order is subject to payment being made in accordance with Our invoice to You.
  • Accepting Your order. Our acceptance of Your order takes place after payment is received in accordance with these Terms and when We send an e-mail to You confirming payment and acceptance. (“Order Acceptance”), at which point and on which date a Contract between You and Us will come into existence. The Contract will relate only to the Services purchased, confirmed and accepted.
  • If we cannot accept Your order. If We are unable to supply You with the Services ordered for any reason, We will inform You of this by e-mail And we will not process Your order or send an invoice. If You have already paid for the goods, We will refund You the full amount.
  • Failure to Pay. If You fail to make a payment of the invoice on the date stated on the invoice, Your order may be automatically cancelled and an automated notification will be sent advising You of the cancellation after a 7 (seven) day grace period has expired.
  • Confirmation. By clicking the “Payment” button, You signify that all Your payment information provided is correct and accurately inputted and that You accept all terms and conditions contained in the Services.
  • Your Data & Backups. We backup all shared hosting platforms daily for which the following applies:
    1. While we will make every effort to protect and backup data for clients on a regular basis, we do not guarantee the existence, accuracy, or regularity of its backup, therefore, you are solely responsible for making backup files in connection with your use of the Services.
    2. We do not backup VPS, cloud servers or dedicated servers unless you specifically purchase a backup plan from us for the chosen Service.
    3. For backup services purchased from us you acknowledge the following:
      1. If your backups exceed the amount of purchased storage space then backups will be suspended until you either reduce your usage or you purchase additional storage space.
      2. Some backup services are client configurable, we take no responsibility for changes you make to your backup settings that result in either the failure of your backups or the inability to recover your data. If you are unsure how to configure your backups correctly please contact support.
  • You acknowledge that use of any of our backup services is at your own risk, although we will make all reasonable attempts to make the service accessible, secure and free from corruption, backups services are sold strictly as is and without warranty, we will not be liable for any loss, claim or damage which is caused by a failed backup.
  • We have no knowledge of the data you store on your hosting package including its value and quantity. While our services are designed to be resilient and we do offer Services designed to mitigate against data loss, we accept no liability for the loss of data and associated revenue, contracts or business.
  • Bandwidth. If your Service has a bandwidth limit and exceeds this limit, we will inform you. If you do not wish to purchase extra bandwidth or upgrade your Services and continue to exceed the limit, the Service will be suspended until you demonstrate to us that you have taken measures to ensure that the limit won’t be exceeded again, or upgrade your Account, whichever is earlier. The Service will be reactivated in the following month when your bandwidth allocation refreshes. Some plans are provided with unmetered bandwidth. Unmetered means that we do not accurately record and then enforce the bandwidth usage of your plan unless it is deemed to be using an excessive amount. An excessive amount is classed as either using more than 15% of the total bandwidth available to the physical server or that your usage is such that it is affecting the performance of the server to the detriment of other clients as determined by our engineers. When such events occur, we reserve the right to immediately suspend service if the level of use is at risk of causing a disruption to other users. In other cases, we will attempt to communicate with you to discuss Your usage. We reserve the right to charge additional fees if the normal usage of your site frequently exceeds this usage. If these charges are not acceptable to you, we will attempt to provide a reasonable time frame for you to move the Services away from Us.
  • Representations. You represent and warrant that You will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, electronic communications, privacy, and the transmission of data applicable to the United Kingdom when using the Services.
  • Availability. We will use reasonable endeavours to keep the system available and maintain full system functionality at all times. We will not be liable to You or any other person in respect of any loss or damage arising from the unavailability of, or interruption in, the service.
  • Sign out. You must sign out of Your Account once You have finished using it. If You do not do this, unauthorised transactions may result, for which We will not be liable.
  • Reliability. Although we make reasonable efforts, we make no representations, warranties or guarantees, whether express or implied, that any of Our services will be uninterrupted, error-free or completely secure. There are risks inherent to the internet such as hacking, malware, DDoS etc that could result in the loss of data and/or privacy.
  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

Use.

  • We will process Your personal information in accordance with Our Privacy Policy that can be found at namelynx.com/privacypolicy the terms of which are incorporated into this Contract.
  • We are committed to secure storage of Your personal information. Under no circumstances will We give or sell any information relating to Our clients to third parties, or organisations except to those of Our registered service providers who are required to render Services to You and who are bound to comply with Data Privacy Legislation.
  1. LINKS TO OTHER WEBSITES

This Website may contain links to other sites.  Unless expressly stated, these sites are not under Our control and we don’t endorse the Website or its contents.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

  1. OUR RESPONSIBILITY TO YOU FOR LOSS OR DAMAGE SUFFERED BY YOU – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
    • We do not intend to exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, Your rights to receive products which are as described and match information we provided to You, that goods are of a satisfactory quality or fit for any particular purposes made known to us and for defective goods or any of Your rights under any consumer protection legislation since the Services is intended only for personal domestic use.
    • If you are a Consumer and if we fail to comply with these terms, We are responsible for loss or damage You suffer that is a foreseeable result of our breaking this contract or Our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and You knew it might happen, for example, if You discussed it with us during the sales process.
    • We will use our best endeavours to provide access to but are under no obligation to provide uninterrupted access to the Services. We reserve the right to restrict Your access to the Services at any time and for any reason.
    • We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
    • When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    • Third party material and content. We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.
    • We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out here.
    • If you are a business: Nothing in these terms shall limit or exclude our liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 (as amended) or section 2 of the Supply of Goods and Services Act 1982 (as amended); or any matter in respect of which it would be unlawful for us to exclude or restrict liability. All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    • Subject to 8 above, above we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us (including but not limited to loss or corruption of data and loss of profit); and our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the annual fees paid by you in the twelve months in which the liability arose.
    • We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.
    • This clause 9 will survive termination of the Contract.
  2. RIGHT FOR YOU TO CANCEL YOUR CONTRACT
    • You may cancel Your contract with Us for the goods You order at any time up to the end of the 14th (fourteenth) working day from the date You receive the ordered goods. You do not need to give us any reason for cancelling Your contract nor will You have to pay any penalty.
    • You also have a legal right to end the contract because something we have done. If You end the contract for a reason set out in a) to e) below, it will end immediately and we will refund You in full for any goods which have not been provided and You may also be entitled to compensation.  The reasons are:
      1. We tell You about an upcoming change to goods or these terms to which You don’t agree;
      2. We tell You about an error in the price or description of the goods You have ordered and You don’t want to proceed with the purchase;
      3. We tell You that there is a risk that the delivery may be significantly delayed because of events outside of Our control;
      4. We tell You that We have suspended supply of the goods for technical reasons for a period of more than 30 days;
      5. You have the legal right to end the contract between Us due to something We did wrong.
    • If You are a consumer, then for most goods bought online You have the legal right to change Your mind within 14 days and receive a refund. These rights do not apply to digital services for products you immediately download or use.  If you have started the process of us setting up the hosting for You, You no longer have this right of cancellation.
    • To cancel Your contract, You must notify us in writing at support@namelynx.com as soon as possible and within the times above.
    • If You are ending the contract due to an upcoming change, We have notified You of.
  3. CANCELLATION BY US
    • We reserve the right to cancel the contract between us if:
      1. You do not make payment to Us when due and after a grace period as set out above;
      2. You do not provide us with the necessary information to deliver to You within a reasonable time of asking for it, such as Your delivery address;
      3. We do not/can no longer deliver services to Your geographical area; or
      4. one or more of the goods You ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by Us from Our suppliers.
    • If We cancel Your contract we will notify You by email and will credit to Your account any sum deducted by Us from Your credit card as soon as possible but in any event within 30 days of Your order. We will not be obliged to offer any additional compensation for any disappointment suffered.
    • If We cancel the contract because You break the contract, we will refund any money You have paid in advance for goods not received but we may deduct a reasonable amount as compensation for the net costs We will incur as a result.
  4. TERMINATION, CONSEQUENCES OF TERMINATION AND SURVIVAL
    • Termination. Without limiting any of Our other rights, We may suspend or terminate these Terms with You or revoke Your access to the Website with immediate effect by giving written notice to You if:
      1. commit a material breach of any term and (if such a breach is remediable) fail to remedy that breach within 5 (five) days of You being notified in writing to do so (if the breach is remediable);
    • Consequences of termination. Termination of these Terms Contract will not affect Your or Our rights and remedies that have accrued before termination.
    • Survival. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
  5. COMMUNICATIONS BETWEEN US
    • When We refer to “in writing” in these Terms, this includes e-mail.
    • Any notice or other communication given under or in connection with the Contract must be in writing.
    • The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
    • We will not be liable to You for any failure or delay in performance if such failure or delay is due to circumstances beyond Our reasonable control.  Such will include, but is not limited to transfers from another provider which is subject to such provider releasing Your data acts of any governmental body, act of God, war, insurrection, sabotage, embargo, fire, flood, malicious damage, pandemic, epidemic, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
  6. GENERAL
    • Waiver. If We do not insist that You perform any of Your obligations under the Contract, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You or that You do not have to comply with those obligations. If We do waive any rights, We will only do so in writing, and that will not mean that We will automatically waive any right related to any later default by You.
    • Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    • Third party rights. The Contract is between You and Us. No other person has any rights to enforce any of its Terms.
    • Governing law and jurisdiction. If You are a consumer these terms, their subject matter and their formation, are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are resident of Scotland, You may also bring proceedings in Scotland. If You are a business these terms its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
    • Assignment. We may assign or transfer Our rights and obligations under this contract (but provided it does not adversely affect Your rights under these terms) to another entity but will always notify You in writing or by posting on the Services if this happens.
    • Third party rights. These terms are between You and us. No other person has any rights to enforce any of its terms.

 

 

Schedule1

Data Protection

  • Both parties will comply with all applicable requirements of the Data Protection Legislation in force in the UK from time to time. This clause is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
  • The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the Controller and the Host is the Processor.
  • Without prejudice to the generality of clause 1 above, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Host and/or lawful collection of the Personal Data by the Host on behalf of the Customer for the duration and purposes of this agreement.
  • Without prejudice to the generality of clause 1, the Host shall, in relation to any Personal Data processed in connection with the performance by the Host of its obligations under this agreement:
    • process that Personal Data only on the documented written instructions of the Customer unless the Provider is required by domestic law to otherwise process that Personal Data. Where the Provider is relying on domestic law as the basis for processing Personal Data, the Provider shall promptly notify the Customer of this before performing the processing required by the Domestic Law unless the Domestic Law prohibits the Provider from so notifying the Customer;
    • ensure that it has in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it;
    • ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
    • not transfer any Personal Data outside of the UK unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:
      • the Customer or the Host has provided appropriate safeguards in relation to the transfer;
      • the Data Subject has enforceable rights and effective legal remedies;
      • the Host complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
      • the Host complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data;
    • assist the Customer, at the Customer’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
    • notify the Customer without undue delay on becoming aware of a Personal Data breach;
    • at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by Domestic Law to store the Personal Data; and
    • maintain complete and accurate records and information to demonstrate its compliance with this clause
  • The Customer consents to the Host appointing a third-party processor of Personal Data under this agreement. The Host confirms that it will enter with the third-party processor into a written agreement substantially on that third party’s standard terms of business and in either case reflect and will continue to reflect the requirements of the Data Protection Legislation. As between the Customer and the Host, the Host shall remain fully liable for all acts or omissions of any third-party processor appointed by it in terms of this clause
  • Either party may, at any time on not less than 30 days’ notice, revise this clause 1 by replacing it with any applicable controller to processor standard clauses or similar terms adopted by the Information Commissioner or forming part of an applicable certification scheme which shall apply when replaced by attachment to this agreement.

 

 

 

Schedule 2

Acceptable Use Policy

  1. You may not use our Website or the Services in the following ways:
    • print, download, copy, adapt or re-transmit any or all of the Website or the content except for Your personal, non-commercial use of the Website. This means You may print one copy for Your personal use. Our status as the authors of the content must always be acknowledged;
    • use any data mining, robots or similar data gathering or extraction methods;
    • manipulate or display the Website or its content by using framing or similar navigational technology;
    • register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe any party if You are not expressly authorised by such party to do so; and
    • use the Website or its content other than for its intended purpose or in violation of any applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations;
    • use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement You make;
    • upload any data (where applicable) which is malicious, false, misleading, fraudulent , defamatory or offensive in content. Any breach of this term constitutes a material offence and may result in the removal of such information and/or refusal by Us to allow any further dealings with You, and/or possible prosecution with the relevant authorities. In such event, You will have no claim or claims of whatsoever nature or kind against Us arising out of cancellation or prosecution as the case may be;
    • interfere with or disrupt the operation of the servers or networks used to make up the Services to You or violate any requirements, procedures, policies or regulations of such networks;
    • transmit or otherwise make available in connection with the services any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
    • modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website or the services;
    • remove any copyright, trade mark or other proprietary rights notice from the Website or materials originating from the Website;
    • frame or mirror any part of the Website without our express prior written consent;
    • use any manual or automatic device in any way to gather content or reproduce or circumvent the navigational structure or presentation of the Website or services without our express prior written consent. Despite this We grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
  2. You may not use the Services:
    • in any way that breaches any applicable local, national or international law or regulation;
    • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
    • for the purpose of harming or attempting to cause harm to others;
    • to send, knowingly receive, upload, download, use or reuse any material which does not comply with our content standards as set out in this policy;
    • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
    • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  3. Server resources and Network Usage. On accounts where resources are shared including but not limited to cPanel hosting these operate under a fair use policy.
    • Where resources limits are not specified or are listed as unlimited within the account specification then fair use will apply.
    • Fair use means that any single site can use as much resources as are available as the long as that usage does not adversely affect the performance of other sites hosted upon the same server.
    • while extremely rare, it is at our sole discretion to determine whether a website is deemed to be using excessive resources, if a site is deemed to be doing so we will recommend remedial action which may include:
      1. the option to reduce your resource usage through the modification of your application (for example if the cause is through malware infection or poor code)
      2. upgrade to a non shared plan (additional charges may apply)
    • If you choose not to take remedial action then the website or application will be disabled to prevent it adversely affecting other clients.
    • We reserve the right to shut down or remove any scripts that pose a potential security risk or which are deemed by us, and at our sole discretion, to be adversely affecting server performance or network integrity (for example scripts that have known security vulnerabilities)
  4. Banned Content
    • The following applies to all content hosted on any of our services
    • Content must:
      1. be accurate (where it states facts);
      2. be genuinely held (where it states opinions)
      3. Comply with applicable law in the UK and in any country from or in which such content can be received or uploaded.
  1. The following content is explicitly banned
    1. contains any material which is defamatory of any person;
    2. contain any material which is obscene, offensive, hateful or inflammatory;
    3. promotes sexually explicit material (unless we have given our explicit permission to use our services to provide adult content);
    4. promote violence;
    5. promote any form of discrimination.
    6. infringe any copyright, or trade mark of any other person;
    7. be likely to deceive any person;
    8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
    9. promote any illegal activity;
    10. be threatening in anyway
    11. harass, upset, annoy or cause alarm to another person
    12. be used to impersonate any person, or to misrepresent your identity or affiliation with any organisation or person;
    13. give the impression that it has emanated from us, if this is not the case.
    14. advocate, promote or assist any unlawful act.
    15. contain viruses, worms, Trojans or other malicious components;
    16. contain Warez, which includes but is not limited to pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide links or ‘how to’ information about such material;
    17. Proxy software
    18. IRC Hosts
    19. BitTorrent software may not be used on any of our services due to wide scale abuse.
    20. any content that has the potential to cause us adverse publicity
  2. Email
    • You agree and understand that the sending of unsolicited email (spam) is strictly prohibited and may result in the suspension and/or termination of your account.
    • Where we provide you with a mail service the following rate limits apply so as to prevent blacklisting of our IP addresses and excessive resource usage.
      1. 300 outgoing emails sent per hour on (Shared) or (Reseller Hosting);
      2. 500 outgoing emails sent per hour on (VPS Hosting);
      3. 3000 outgoing emails sent per hour on (Cloud Servers)
      4. 3600 outgoing emails may be sent per hour on (Dedicated Hosting);
    • no malicious emails may be sent, including but not limited to “mail bombing” (bombarding a site with a large volume of email) and “trolling” (posting extreme messages to provoke a negative response);
    • If, as a result of a breach of this clause, we have to undertake any action, including but not limited to removing mass emails from our systems, dealing with any user complaints, we reserve the right to charge you at our engineers hour rate for time spent.
  3. AUP Breaches
    • We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of our site or our services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
    • Failure to comply with this acceptable use policy constitutes a material breach of the (Terms and Conditions), and may result in our taking all or any of the following actions:
      1. Remove infringing content from any website hosted by us without notice to you;
      2. immediate, temporary or permanent withdrawal of your right to use our site and/or our services.
      3. immediate, temporary or permanent removal of any posting or material uploaded by You to our site our any site hosted by us.
      4. issuing of a warning to you.
      5. disclose of such information to law enforcement authorities as we reasonably feel is necessary.
    • Responses described in this policy are not limited, and we may take any other action We reasonably deem appropriate.
    • Where we become aware of any issue related to the content or you use of our Services which could have an adverse impact on our network, systems or other customer of ours, we reserve the right to immediately suspend or deactivate the services and your Account. Where reasonably possible we shall inform you of such action before it is taken.
    • If we receive any take-down notices in respect of copyright infringing content, we reserve the right to remove such content without notice to you, irrespective of whether such takedown notice is valid, however We will always try to notify You first.
  4. Changes to the Acceptable Use Policy
    • We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.