Web Hosting Terms & Conditions
- We will use our reasonable endeavours to make our servers available to you as part of the Hosting Service you purchase for ninety-nine point nine nine (99.99) per cent of each calendar month. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum. We shall make all commercially reasonable efforts to provide you with advanced notification of all scheduled and emergency outages through our hosting admin system.
- Service credits are not given for any form of downtime or service unavailability.
- Unless your hosting package explicitly provides this, it is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload (or permit to be uploaded) onto our servers (“Material”) as part of your use of our Hosting Services. In the event of loss of or damage to your Material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.
- We will follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our servers (including your Material) from the latest back-up we maintained in accordance with our archiving procedure. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.
Hosting Service Usage Limitations
- Your limitations are:
- your Material is linked into web pages
- you do not use the Hosting Service as a backup of, or repository for, your Material
- you maintain good housekeeping to maintain your Material
- you comply with our acceptable use policy https://www.introspective.co.uk/terms/acceptable-use-policy.
- The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package as defined by us at the time of your order. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you have to upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance or wait for the Hosting Service to resume at the start of the following calendar month. You will receive email notification from us of any instance where monthly bandwidth allowance has been exceeded
- When using the Services, you must comply with our Terms of Website Use http://www.introspective.co.uk/terms-and-conditions and our Acceptable Use Policy https://www.introspective.co.uk/terms/acceptable-use-policy. Any conflict between our terms of website use and these terms and conditions, will be resolved in favour of these terms and conditions.
- We shall be entitled to terminate or suspend the provision of any individual Services, if you are in breach of our Terms of Website Use http://www.introspective.co.uk/terms-and-conditions or Acceptable Use policy https://www.introspective.co.uk/terms/acceptable-use-policy.
If a problem has arisen with regard to the Services or your registered account, you can access support through our support ticket system twenty-four (24) hours a day, seven (7) days a week. You will be given login details to our support ticketing system upon receipt of payment.
Our support operating times are 9-5pm Monday to Friday.
Where the Order includes our Domain Registration and Renewal Service:
- We will endeavour to procure the registration of the domain name you request.
- We will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name.
- We shall not act as your agent or on your behalf in any dealings with domain name registry.
- The registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should obtain and consider.
- The domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “whois” database of the top level domain name registrar.
- We shall have the absolute discretion to require you to select a replacement domain name to the one you have requested be registered and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement.
- You confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered.
- You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.
- Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices fourteen (14) days and seven (7) days before the renewal date of your registered domain name. These notices will be sent to the email address registered against your account. You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service. The price for the renewal will be as set out in the renewals email and in our client administration area.
Intellectual property rights
- You, or your licensor, retain all intellectual property rights in your Material, and you grant to us a worldwide, non-exclusive, royalty free licence to use, store and maintain your Material on our servers and publish your Material on the Internet for the purpose of providing the Hosting Service to you. You warrant that your Material does not infringe the intellectual property rights of any third party. We may make such copies as may be necessary to perform our obligations, including making back-up copies of your Material.
- You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your Material infringes, or allegedly infringes, the intellectual property rights of a third party.
- We retain all intellectual property rights in the Hosting Services (other than in your Material). Accordingly, you must not decompile, disassemble or reverse engineer the Hosting Services or our software.
- We do not monitor and will not have any liability for your Material or any other communication you transmit, or allow to be transmitted, by virtue of the Hosting Services.
- Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider and no guarantee or representation is given that the Hosting Services will be free from hackers or unauthorised users. You shall be liable for the content of any emails transmitted by virtue of the Hosting Services, for any material you upload to, or allow to be uploaded to, our servers and for ensuring compliance at all times with all relevant legislation (including, but not limited to the Data Protection Act 1998 and all other privacy laws, regulations and guidance notes made or issued thereunder).
- All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.
- We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of goodwill
- loss of software or data
- wasted expenditure (such as pay per click advertising costs)
- wasted management or office time.
Duration of the Services and cancellation
- Service provision relating to our Domain Registration and Renewal Service will commence on the date we send you our order confirmation. It will continue until:
- We have registered the domain name you have requested (the “Domain Name”) and you subsequently ask us not to renew the registration of your Domain Name either by email confirmation to the then current email address registered against your account or logging into your Client Area and setting the Domain Name renewal option to “cancel” before the renewal date.
- We terminate the supply of our Domain Registration and Renewal Service by notice to you because:
- the Domain Name is no longer available for registration.
- some other reason preventing the registration of the Domain Name.
- Provision of services other than our Domain Registration and Renewal Service will commence on the date we send you our order confirmation. Unless such Services are terminated they shall continue for the minimum period of time that applies to the Service you have purchased. After expiry of the Minimum Term, they will continue on a month to month basis until terminated:
- by you, as a client, informing us of your decision to cancel the service by a clear statement (e.g. a letter sent by post, fax, e-mail, through our support ticket system and providing thirty (30) days notice.
- by us giving to you at least thirty (30) days advanced notice in written sent to the then current email address registered against your account.
- As part of our cancellation process, we will respond to you via email or through our support ticket system. You will not receive any refund of the price you have paid for the Services you have cancelled.
- The monthly price for Services we supply on a month to month basis shall be charged monthly in advance directly to a payment method registered against your account. Such payment will be taken on the same date of the month as on which the Services had originally commenced (“Payment Date”) unless or until you cancel the Services in accordance with these terms. We will not provide you with a refund for a cancellation that is part-way through a billing period. Where the Payment Date does not recur in a particular month (e.g., 31 January, but there is no 31 February), you will be charged on the closest preceding date to the Payment Date (e.g., 28 February) for that month.
- Without prejudice to any other right to terminate or suspend the Services we may have under these terms and conditions, our Terms of Website Use http://www.introspective.co.uk/terms-and-conditions or our Acceptable Use policy https://www.introspective.co.uk/terms/acceptable-use-policy. We may terminate the Contract at any time by giving you thirty (30) days advance notice by emailing you at the email address registered against your account. If we cancel the Services, we will refund to you the price you have paid for the Services on a pro-rata basis for the unexpired Minimum Term.
- Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation of these terms and conditions we may terminate the Contract by seven (7) days notice to you and/or, at our absolute discretion, terminate or suspend without notice any individual Services we provide to you from time to time.
- Expiry or termination of the services shall be without prejudice to any rights and liability of either of us arising in any way as at the date of expiry or termination.
Deletion of your data
If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.
Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our Services caused by events outside our reasonable control (“Force Majeure Event”).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.