These Terms of Service set out the terms on which Drayton Digital Limited provides web hosting, domain name, email, cloud server and related services.
Please read these Terms of Service carefully before ordering any Services. By creating an account, placing an order, renewing a Service, using a Service, or otherwise continuing to use a Service, you agree to be bound by these Terms of Service.
These Terms of Service are available in English only.
If you have any questions or complaints about these Terms of Service or our Services, please contact us using the contact details published on our Website or by writing to:
Drayton Digital Limited
Commer House
Station Road
Tadcaster
North Yorkshire
LS24 9JF
United Kingdom
Drayton Digital Limited is a company registered in England and Wales under company number 04609887. Drayton Digital Limited trades as 4UHosting.
1. Definitions and interpretation
1.1
In this Agreement, the following words and expressions have the meanings set out below.
Agreement means the agreement between the Company and the Customer incorporating these Terms of Service, the Order Process and any applicable service description, specification, quotation or written agreement.
Business Day means any weekday other than a bank or public holiday in England.
Business Hours means 09:00 to 17:00 on a Business Day.
Charges means the amounts payable by the Customer to the Company for the Services.
Company, we, us or our means Drayton Digital Limited, a company registered in England and Wales under company number 04609887, trading as 4UHosting.
Confidential Information means information disclosed by one party to the other that is marked confidential, described as confidential, or would reasonably be understood to be confidential.
Consumer means an individual acting wholly or mainly outside their trade, business, craft or profession.
Customer, you or your means the person, business, organisation or other entity ordering, using or paying for the Services.
Customer Account means the online account created by or for the Customer for ordering, managing and receiving support for Services.
Effective Date means the date on which the Company accepts the Customer's order.
Force Majeure Event means an event outside the reasonable control of the affected party, including internet failures, supplier failures, power failures, data centre incidents, hardware failures, cyber attacks, denial of service attacks, malicious software, industrial disputes, acts of government, changes in law, fire, flood, disaster, war, terrorism, civil unrest, or other events beyond reasonable control.
Hosted Materials means all websites, applications, files, data, databases, email, software, scripts, code, media, information and other materials hosted, stored, transmitted, processed or made available using the Services.
Intellectual Property Rights means all copyright, database rights, trade marks, service marks, business names, domain names, design rights, patents, rights in confidential information, know-how and all similar rights, whether registered or unregistered, anywhere in the world.
Managed Cloud Server means a cloud server, virtual server or similar server environment supplied or arranged by the Company and managed by the Company as part of the Service.
Order Process means the online, written, telephone, ticket-based or other process by which the Customer orders, renews, upgrades, downgrades or changes a Service.
Personal Data has the meaning given to it under applicable UK data protection law.
Prohibited Content means any material, activity, communication or use that is unlawful, harmful, abusive, defamatory, obscene, indecent, fraudulent, misleading, infringing, malicious, insecure, spam-related, phishing-related, malware-related, or otherwise prohibited by these Terms of Service.
Resources means the storage, memory, CPU, bandwidth, email, database, process, inode, backup, software, licence, account, user or other resources included in or allocated to a Service.
Service Period means the period for which a Service is ordered, renewed or paid.
Services means the services provided by the Company, including shared hosting, WordPress hosting, reseller hosting, managed hosting, Managed Cloud Servers, VPS hosting, dedicated servers, email services, domain name services, backups, support, migration assistance and related services.
Start Date means the date on which the Service starts or is made available.
Term means the period during which the Agreement remains in force.
Website means the Company's website, client area, billing area or other online service portal.
Written Notice or in writing includes notice sent by letter, email or support ticket, unless these Terms of Service state otherwise.
1.2
References to statutes or statutory provisions include those statutes or provisions as amended, re-enacted, replaced or supplemented from time to time.
1.3
Clause headings are for convenience only and do not affect the interpretation of this Agreement.
1.4
Words in the singular include the plural and words in the plural include the singular.
2. The Agreement
2.1
The Customer may apply for Services by completing the Order Process, creating a Customer Account, accepting a quotation, submitting an order form, or otherwise requesting Services from the Company.
2.2
The Customer is responsible for ensuring that all information submitted during the Order Process is complete, accurate and up to date.
2.3
The Agreement comes into force when the Company accepts the Customer's order. Acceptance may be confirmed by email, invoice, account activation, service activation, written confirmation or other clear acceptance by the Company.
2.4
The Company may refuse, reject or cancel any order at its discretion, including where the order appears fraudulent, high risk, incomplete, unsuitable, abusive, unlawful or contrary to these Terms of Service.
2.5
The Agreement continues until terminated in accordance with these Terms of Service.
3. Service provision
3.1
The Company will use reasonable care and skill in providing the Services.
3.2
The Company will use reasonable endeavours to make the Services available on or around the Start Date, but start dates are estimates unless expressly agreed in writing.
3.3
The Customer acknowledges that hosting, email, domain, internet and cloud services may be affected by maintenance, software faults, supplier issues, internet routing issues, cyber attacks, third-party systems, customer configuration errors and other matters outside the Company's direct control.
3.4
The Company may make changes to the Services where reasonably required for security, stability, performance, legal compliance, supplier requirements, software lifecycle reasons or technical improvement.
3.5
The Company may refuse to provide, continue or support any configuration that, in the Company's reasonable opinion, creates a security risk, performance risk, legal risk, abuse risk or unacceptable burden on the Company's infrastructure or support resources.
5. Reseller hosting
5.1
This clause applies where the Company provides reseller hosting.
5.2
The Company will provide reseller hosting capacity with the specification, limits and features described during the Order Process.
5.3
The Customer is responsible for the acts, omissions, content, websites, email, users and customers hosted under its reseller account.
5.4
The Customer must ensure that its own customers and users comply with these Terms of Service and with all applicable laws, regulations and acceptable use requirements.
5.5
The Company is not responsible for providing direct support to the Customer's reseller customers unless expressly agreed in writing.
5.6
The Customer remains responsible for payment of all Charges for reseller hosting regardless of whether the Customer has received payment from its own customers.
5.7
Charges and Service Periods for reseller hosting are as stated during the Order Process or as otherwise agreed in writing.
6. VPS, dedicated servers and unmanaged servers
6.1
This clause applies where the Company provides a VPS, dedicated server or other server environment that is not expressly sold as a Managed Cloud Server.
6.2
The Company will provide a server or virtual server with the specification described during the Order Process.
6.3
Unless expressly agreed otherwise, VPS and dedicated server services are unmanaged. The Customer is responsible for server administration, configuration, security, patching, updates, monitoring, backups, firewall configuration, software licensing and use of the server.
6.4
The Customer warrants that it has sufficient technical expertise to manage and secure any unmanaged server.
6.5
The Company may require the Customer to apply security updates, software updates, configuration changes or other changes where reasonably required to protect the Company's network, suppliers, infrastructure, reputation or other customers.
6.6
Dedicated servers, hardware and infrastructure supplied by the Company remain the property of the Company or its suppliers unless expressly agreed otherwise in writing.
6.7
Charges and Service Periods for VPS and dedicated servers are as stated during the Order Process or as otherwise agreed in writing.
7. Managed Cloud Servers
7.1
This clause applies where the Company provides a Managed Cloud Server or other managed server environment.
7.2
The Company will provide or arrange a cloud server, virtual server or similar hosting environment with the specification agreed during the Order Process, quotation or written agreement.
7.3
Managed Cloud Server Services may include server provisioning, operating system installation, control panel installation, security hardening, routine updates, monitoring, server-level support, web server configuration, email configuration, DNS assistance, backup configuration and reasonable technical support, depending on the specific package purchased.
7.4
The exact scope of management will be as described during the Order Process, in the applicable service description, or in any written quotation or agreement. Services not expressly included are excluded.
7.5
Unless expressly agreed otherwise, the Customer remains responsible for:
a. the content, legality and accuracy of Hosted Materials; b. application-level functionality; c. website design, development and code; d. third-party plugins, themes, extensions and integrations; e. licences for commercial software; f. data entered, uploaded, stored or processed by the Customer or its users; g. compliance with laws applying to the Customer's business or website; h. maintaining suitable local or independent copies of important data; and i. any administrator access, credentials or changes made by the Customer or by third parties acting for the Customer.
7.6
Where the Customer has root, administrator, control panel, SSH, SFTP or similar privileged access, the Customer must use such access responsibly. The Company will not be responsible for faults, downtime, data loss or security incidents caused by the Customer's actions, credentials, software, users, developers, contractors or other third parties.
7.7
The Company may restrict or remove privileged access where reasonably required for security, stability, abuse prevention or to preserve the managed nature of the Service.
7.8
The Company may carry out scheduled or emergency maintenance, including restarts, patches, configuration changes, migrations, security updates and software updates. Where practical, the Company will provide advance notice of scheduled maintenance, but emergency maintenance may be carried out without advance notice.
7.9
Managed Cloud Server Services do not include a guarantee that third-party software, customer code, websites, applications or integrations will be compatible with every server update, software version or security change.
7.10
The Company may recommend, require or apply upgrades or changes where older software, unsupported software, insecure configurations or end-of-life systems create a security, stability or support risk.
7.11
Where backups are included, they are provided as a convenience and disaster recovery measure only. The Customer remains responsible for ensuring that important data is suitably backed up and for checking that any backup arrangement is appropriate for the Customer's requirements.
7.12
Managed Cloud Server Services may rely on third-party cloud, data centre, software, licensing, security, backup, monitoring or network providers. The Customer acknowledges that the Company is not responsible for failures caused by third-party providers outside the Company's reasonable control.
7.13
Charges for Managed Cloud Servers are as stated during the Order Process, quotation or written agreement.
7.14
Managed Cloud Servers are provisioned, configured and managed specifically for the Customer. The Customer acknowledges that the Company may incur infrastructure costs, software licence costs, supplier costs and setup time before or shortly after the Service is made available.
7.15
Managed Cloud Servers are not eligible for the Company's 30-day money back guarantee.
7.16
Unless otherwise agreed in writing, cancellation of a Managed Cloud Server during the Service Period will prevent future renewal but will not entitle the Customer to a refund for the current Service Period.
7.17
Where the Customer cancels a Managed Cloud Server during the Service Period, the Customer remains responsible for all Charges for that Service Period and for any third-party costs, licence costs, setup costs or supplier commitments incurred by the Company in providing the Service.
8. Email services
8.1
This clause applies where the Company provides email transmission, mailbox, filtering, webmail, forwarding or related email services.
8.2
The Company will provide the email features described during the Order Process.
8.3
The Company may use anti-spam, anti-virus, reputation, filtering and abuse-prevention systems. No filtering system is perfect, and the Company does not guarantee that all spam, viruses, malware or unwanted messages will be blocked, or that all legitimate messages will be delivered.
8.4
The Customer is responsible for mailbox content, passwords, email clients, local devices, email authentication settings, user behaviour and compliance with anti-spam and data protection laws.
8.5
The Customer must not send spam, bulk unsolicited email, phishing email, malware, abusive communications or any email that damages or is likely to damage the Company's systems, IP reputation or mail deliverability.
8.6
The Company may suspend, throttle, block or restrict email services where reasonably required to prevent spam, abuse, fraud, malware, compromised accounts, blacklisting or damage to mail reputation.
8.7
Charges for email services are as stated during the Order Process or as otherwise agreed in writing.
9. Domain name registration and management
9.1
This clause applies where the Company provides domain name registration, renewal, transfer, DNS or related domain services.
9.2
Subject to payment of the applicable Charges in advance, the Company will attempt to register, renew or transfer domain names ordered by the Customer. The Company does not guarantee that any domain name will be available, accepted, renewed, transferred or retained.
9.3
Domain name registrations, renewals and transfers are subject to the rules, policies, terms and conditions of the relevant registry, registrar, registration authority and domain provider.
9.4
The Customer warrants that all information provided for domain registration and management is current, accurate and complete, and that the Customer has the legal right to register, use and renew the domain name.
9.5
The Customer must keep domain contact details and registration information up to date.
9.6
The Customer acknowledges that domain registration data may be processed, disclosed or published as required by the relevant registry, registrar, law, policy or WHOIS/RDAP system.
9.7
Domain name registrations, renewals and transfers are submitted to third-party registries and registrars and are processed specifically for the Customer.
9.8
Once a domain name registration, renewal or transfer order has been submitted, the order cannot be cancelled and no refund will be given, whether or not the domain name is subsequently used by the Customer.
9.9
The Customer acknowledges that domain names are customer-specific services and that, once submitted, the Company incurs third-party costs and registry obligations that cannot normally be reversed.
9.10
The Customer is responsible for checking that the domain name, spelling, extension, registration details and renewal period are correct before placing the order.
9.11
The Customer is responsible for ensuring that domain names are renewed on time and that payment details are kept up to date. The Company may issue renewal reminders and invoices, but the Customer remains responsible for renewal.
9.12
If a domain name expires, the related website, email, DNS or other services may stop working. Recovery may not always be possible and may be subject to additional fees, registry rules, redemption periods or third-party processes.
9.13
The Company is not liable for the loss, suspension, expiry, deletion, transfer, non-renewal or failed registration of a domain name where caused by late payment, inaccurate information, registry rules, registrar rules, Customer action, third-party action, dispute procedure, legal process or matters outside the Company's reasonable control.
9.14
The Company may refuse to register, renew, transfer or manage any domain name where it reasonably considers that doing so may breach law, policy, registry rules, third-party rights, these Terms of Service or the Company's acceptable use standards.
9.15
The Company does not provide legal advice in relation to domain name disputes, trade mark disputes or ownership disputes.
9.16
Charges for domain name services are as stated during the Order Process or as otherwise published by the Company.
10. Nominet .UK domain registrations
10.1
This clause applies to .uk, .co.uk, .org.uk, .me.uk and other domain names governed by Nominet.
10.2
Nominet domain names are subject to Nominet's terms, rules, policies and procedures, as amended from time to time.
10.3
By registering, renewing, transferring or using a Nominet domain name through the Company, the Customer agrees to comply with Nominet's applicable terms and policies.
10.4
The Customer should review Nominet's current terms and policies before registering or renewing a .UK domain name.
10.5
Complaints relating to Nominet domain names should first be submitted to the Company under the complaints procedure in these Terms of Service. If the Customer remains dissatisfied with the outcome of a domain-related complaint, the Customer may be entitled to escalate the matter to Nominet in accordance with Nominet's published procedures.
10.6
Domain name disputes may be handled under Nominet's dispute resolution procedures or any replacement or successor process introduced by Nominet.
10.7
Unless otherwise stated, the Company does not charge for transfers away of .UK domain names. Any registry, Nominet, registrar or third-party charges remain the Customer's responsibility.
11. SSL functionality
11.1
Where SSL functionality is provided as part of a hosting service, it will normally be provided using available free or automated certificate systems where technically possible.
11.2
The Company does not guarantee that a free or automated SSL certificate will be available for every domain, configuration or use case.
11.3
SSL functionality may be affected by DNS configuration, domain status, nameserver changes, certificate authority validation, rate limits, third-party systems or technical restrictions outside the Company's direct control.
12. Support
12.1
The Company will provide support by online helpdesk, email, telephone, remote session or other means as described on the Website or during the Order Process.
12.2
Unless a specific support level or service level has been expressly agreed, support is provided during Business Hours and the Company will use reasonable endeavours to respond within one Business Day.
12.3
The Customer must submit support requests through the support channels specified by the Company.
12.4
The Company will use reasonable endeavours to resolve support issues promptly, but does not guarantee resolution times unless a specific service level has been expressly agreed in writing.
12.5
Support does not include website design, software development, custom coding, SEO, third-party application development, content writing, plugin conflicts, theme conflicts, malware cleanup, advanced database work, or third-party software support unless expressly included in the purchased Service.
12.6
The Company may decline or charge separately for support that falls outside the scope of the purchased Service.
12.7
The Company may require authentication before discussing or altering any Customer Account or Service.
13. Service availability, maintenance and resources
13.1
The Customer must not exceed the Resources included in the purchased Service.
13.2
If the Customer's use of Resources exceeds the applicable limits or adversely affects the Company's systems, suppliers, infrastructure or other customers, the Company may ask the Customer to reduce usage, upgrade, move to a different Service or agree a variation to the Agreement.
13.3
If the Customer does not take reasonable steps to resolve excessive usage, the Company may suspend, restrict or terminate the affected Service.
13.4
The Company may suspend, restrict or interrupt Services for scheduled maintenance, emergency maintenance, security work, repairs, upgrades, migrations or supplier maintenance.
13.5
The Company will use reasonable endeavours to maintain availability of the Services, but the Customer acknowledges that no hosting, email, DNS, domain, cloud or internet service can be guaranteed to be uninterrupted or error-free.
13.6
Any uptime guarantee, service credit or service level will apply only where expressly stated in the applicable service description or written agreement.
14. Customer responsibilities
14.1
The Customer must provide all information, access, cooperation, permissions and materials reasonably required by the Company to provide the Services.
14.2
The Customer is responsible for obtaining and maintaining all third-party licences, consents and permissions required for the Customer's use of the Services.
14.3
The Customer must keep passwords, API keys, access credentials and account details secure and confidential.
14.4
The Customer must use strong passwords and must notify the Company immediately if any password, account, website, mailbox, server, control panel or other access may have been compromised.
14.5
The Customer is responsible for the acts and omissions of its users, staff, agents, contractors, developers, clients and any other person who accesses the Services using the Customer's credentials or with the Customer's authority.
14.6
Unless the Service is expressly sold as reseller hosting, the Customer must not resell the Services without the Company's prior written consent.
14.7
The Customer must ensure that all use of the Services complies with applicable law, regulation, industry rules, acceptable use standards, third-party rights and these Terms of Service.
15. Acceptable use
15.1
The Customer must not use the Services to host, store, publish, transmit, send, process, link to, facilitate or promote any Prohibited Content.
15.2
The Customer must not use the Services for:
a. unlawful, fraudulent, deceptive or misleading activity; b. phishing, impersonation, credential theft or social engineering; c. malware, viruses, trojans, ransomware, botnets or malicious code; d. hacking, scanning, probing, attacking or attempting unauthorised access; e. spam, bulk unsolicited email, mail bombing or list abuse; f. denial of service attacks or traffic amplification; g. copyright, trade mark or intellectual property infringement; h. abusive, threatening, harassing, defamatory, obscene or hateful material; i. material involving child sexual abuse, exploitation or unlawful sexual content; j. sale or promotion of unlawful goods or services; k. activity that damages or may damage the Company's infrastructure, reputation, IP reputation, supplier relationships or other customers; or l. any activity prohibited by the Company's suppliers, data centres, registries, registrars, software providers or network providers.
15.3
The Company does not actively monitor all Hosted Materials, but may investigate complaints, abuse reports, security alerts, supplier notices, legal notices or suspicious activity.
15.4
Where the Company reasonably suspects a breach of this clause, it may remove, disable, quarantine, restrict or suspend the relevant Hosted Materials, account, mailbox, server, domain, IP address or Service while it investigates or resolves the issue.
15.5
A breach of this acceptable use clause is a material breach of the Agreement.
16. Charges and payment
16.1
Charges are as stated during the Order Process, on the Website, in an invoice, quotation or written agreement.
16.2
Unless stated otherwise, Charges are exclusive of VAT and other applicable taxes.
16.3
VAT or other taxes will be charged where required by law, taking into account the nature of the Service, the Customer's location, status and any valid tax information supplied by the Customer.
16.4
The Company may invoice renewal Charges in advance of the renewal date. Unless stated otherwise, annual renewals may be invoiced up to 21 days before renewal and monthly renewals may be invoiced up to 7 days before renewal.
16.5
The Customer must pay all invoices by the due date stated on the invoice.
16.6
Charges may be paid by the payment methods made available by the Company from time to time.
16.7
The Customer is responsible for keeping payment details up to date.
16.8
Where the Customer uses an automatic payment method, the Company may attempt to collect payment for due invoices using that payment method.
16.9
Failure to pay any amount due may result in suspension, restriction, late fees, collection action, domain expiry, non-renewal, termination or deletion of Services.
16.10
The Company may vary Charges by giving at least 30 days' notice, unless the change results from supplier price changes, registry price changes, tax changes, exchange rate changes, regulatory changes or other third-party cost increases, in which case the Company may pass on the change on reasonable notice.
16.11
The Service Period selected during the Order Process will apply to the initial order and, unless changed or cancelled, to future renewals.
17. Service Periods, renewals and mid-term cancellation
17.1
The Customer chooses the Service Period during the Order Process. Available Service Periods may include monthly billing, annual billing or any other billing period offered by the Company.
17.2
Where a Service is ordered on monthly billing, the Service Period is one month unless stated otherwise. The Customer is responsible for paying for the full monthly Service Period.
17.3
If the Customer cancels part-way through a monthly Service Period, the Service may continue until the end of the paid period, but no partial refund will be given.
17.4
Where a Service is ordered on annual billing, the Service Period is one year unless stated otherwise. The Customer is responsible for paying for the full annual Service Period.
17.5
If the Customer cancels part-way through an annual Service Period, the Service may continue until the end of the paid period, but no partial refund will be given.
17.6
Renewal of a Service creates a new Service Period on the same billing cycle unless the Customer changes or cancels the Service before renewal.
17.7
The Customer is responsible for cancelling any Service they do not wish to renew before the renewal date.
17.8
Cancellation prevents future renewal but does not remove the Customer's responsibility to pay Charges for the current Service Period, third-party costs, licences, setup work or other non-refundable items.
17.9
The Company is not obliged to refund automatic renewal payments where the Customer did not cancel the Service before the renewal date, unless required by law or expressly agreed by the Company.
18. 30-day money back guarantee
18.1
The Company offers a voluntary 30-day money back guarantee on standard shared hosting plans and WordPress hosting plans only.
18.2
The 30-day money back guarantee applies only to the Customer's first order of an eligible standard shared hosting or WordPress hosting plan.
18.3
The 30-day money back guarantee does not apply to:
a. domain name registrations, renewals or transfers; b. Managed Cloud Servers; c. VPS servers, dedicated servers or bespoke server services; d. reseller hosting, unless expressly stated during the Order Process; e. paid software licences, control panel licences, security licences, backup licences or other third-party licences; f. setup fees, migration fees, consultancy fees, administration fees or bespoke work; g. add-ons, upgrades or third-party services; h. renewals after the first Service Period; or i. any Service suspended or terminated for breach of these Terms of Service.
18.4
To claim under the 30-day money back guarantee, the Customer must submit a cancellation request through the Customer Account or in writing within 30 calendar days of the Start Date of the eligible Service.
18.5
The 30-day money back guarantee does not restart on renewal, upgrade, downgrade, billing-cycle change, account reactivation, domain change, package change or migration.
18.6
If the Customer purchases an annual standard shared hosting or WordPress hosting plan, the 30-day money back guarantee applies only during the first 30 calendar days from the original Start Date. After that period, the Customer is committed to the full annual Service Period and no partial refund will be given for cancellation during that Service Period.
18.7
If the Customer purchases a monthly standard shared hosting or WordPress hosting plan, the 30-day money back guarantee applies only during the first 30 calendar days from the original Start Date. It does not apply again to later monthly renewals.
18.8
The Company may refuse the money back guarantee where the Customer has previously used the guarantee, has opened multiple accounts to claim repeated refunds, has breached these Terms of Service, or has used the Service for abuse, spam, fraud, unlawful activity or excessive resource consumption.
19. Consumer cancellation rights
19.1
Where the Customer is a Consumer, the Customer may have statutory cancellation rights for certain Services ordered online, by telephone or otherwise at a distance.
19.2
By placing an order for hosting, Managed Cloud Servers, domain services or other Services, the Customer requests and authorises the Company to begin providing the Services immediately, including during any statutory cancellation period.
19.3
Where the Customer cancels a Service during any statutory cancellation period after requesting immediate performance, the Customer agrees that the Company may charge for Services already supplied, work already carried out, third-party costs incurred, software or licence costs incurred, and any other reasonable costs or losses resulting from the cancellation.
19.4
The statutory cancellation right does not apply, or may be lost, where a Service has been fully performed with the Customer's agreement during the cancellation period.
19.5
Domain name registrations, renewals and transfers are customer-specific, third-party services submitted for the Customer. Once submitted, they are non-refundable.
19.6
Nothing in these Terms of Service affects the Customer's statutory rights where they cannot lawfully be excluded or restricted.
20. Warranties
20.1
Each party warrants that it has the legal right and authority to enter into and perform its obligations under the Agreement.
20.2
The Company warrants that it will provide the Services with reasonable care and skill.
20.3
Except as expressly stated in this Agreement, all warranties, representations, conditions and terms implied by statute, common law or otherwise are excluded to the maximum extent permitted by law.
20.4
The Company does not warrant that the Services will be uninterrupted, error-free, free from vulnerabilities, compatible with all software, suitable for any particular purpose, or capable of meeting every Customer requirement.
21. Indemnity
21.1
The Customer indemnifies the Company against all liabilities, losses, damages, costs, expenses, claims, legal costs and amounts paid in settlement arising out of or in connection with:
a. any breach of this Agreement by the Customer; b. the Hosted Materials; c. the Customer's use or misuse of the Services; d. any unlawful, infringing, abusive, negligent or fraudulent act or omission by the Customer or its users; e. any security breach, compromise or misuse of the Customer's account, website, server, mailbox, application or credentials, except to the extent caused by the Company's breach of this Agreement; and f. any claim by a third party relating to the Customer's content, data, website, domain name, application, email or use of the Services.
22. Limitations and exclusions of liability
22.1
Nothing in this Agreement limits or excludes liability for:
a. death or personal injury caused by negligence; b. fraud or fraudulent misrepresentation; c. any liability that cannot be limited or excluded under applicable law; or d. any matter for which it would be unlawful to limit or exclude liability.
22.2
Subject to clause 22.1, the Company will not be liable for:
a. loss of profit; b. loss of revenue; c. loss of business; d. loss of contracts; e. loss of anticipated savings; f. loss of goodwill or reputation; g. loss of use; h. loss or corruption of data, databases, software or Hosted Materials; i. business interruption; j. special, indirect or consequential loss; k. loss caused by third-party services, suppliers, registries, registrars, data centres, software providers or networks; l. loss caused by a Force Majeure Event; or m. loss caused by the Customer's acts, omissions, credentials, software, configuration, users, developers, contractors or third-party services.
22.3
Subject to clause 22.1, the Company's liability in respect of any event or series of related events will not exceed the total Charges paid by the Customer to the Company for the affected Service during the current Service Period.
22.4
Subject to clause 22.1, the Company's total aggregate liability under or in connection with this Agreement will not exceed the total Charges paid by the Customer to the Company for the affected Service during the current Service Period.
23. Backups and data loss
23.1
Unless expressly included in the purchased Service, backups are not included.
23.2
Where backups are included, the Company will use reasonable endeavours to operate the backup system described for the Service, but backups are not guaranteed and may fail, be incomplete, become corrupted, or be unavailable.
23.3
The Customer is responsible for maintaining independent backups of important data, websites, databases, email and Hosted Materials.
23.4
The Company is not liable for loss, corruption or deletion of data except to the extent that liability cannot lawfully be excluded.
23.5
The Company may delete data after termination, expiry, cancellation, non-payment or suspension of Services. The Customer should retrieve any required data before termination or expiry.
24. Data protection
24.1
Each party must comply with applicable UK data protection laws.
24.2
For personal data contained in Hosted Materials, the Customer will usually be the controller and the Company will usually act as processor by providing hosting, storage, transmission, support and related technical services.
24.3
The Customer warrants that it has the legal right to upload, store, transmit, process and otherwise use all Personal Data contained in Hosted Materials or otherwise supplied to the Company.
24.4
The Customer is responsible for ensuring that its use of the Services complies with data protection law, including providing privacy information, identifying lawful bases for processing, responding to data subject requests, setting retention periods and ensuring that the Services are suitable for the Customer's intended processing.
24.5
Where the Company acts as processor for the Customer, the Company will:
a. process Personal Data only on the Customer's documented instructions, unless required by law; b. ensure that persons authorised to process Personal Data are subject to appropriate confidentiality obligations; c. implement appropriate technical and organisational measures to protect Personal Data; d. assist the Customer, taking into account the nature of the processing and information available to the Company, with the Customer's data protection obligations where legally required; e. notify the Customer without undue delay after becoming aware of a Personal Data breach affecting Personal Data processed on behalf of the Customer; f. at the Customer's choice, delete or return Personal Data after the end of the provision of Services, unless continued storage is required by law or legitimate business need; and g. make available information reasonably necessary to demonstrate compliance with this clause.
24.6
The Customer authorises the Company to use sub-processors and third-party suppliers where reasonably required to provide the Services, including data centres, cloud infrastructure providers, domain registries, registrars, email filtering providers, backup providers, monitoring providers, payment processors, support systems and software vendors.
24.7
The Company will remain responsible for the performance of its processing obligations where it appoints sub-processors.
24.8
Personal Data may be processed outside the United Kingdom where reasonably required for the provision of Services, support, security, billing, domain registration, cloud infrastructure or third-party supplier operation. Where required, the Company will use appropriate safeguards.
24.9
The Customer acknowledges that domain name registration, email transmission, DNS, abuse handling and similar services may require disclosure of Personal Data to third parties acting as independent controllers or processors.
24.10
This clause is intended to form the data processing terms between the Customer and the Company unless the parties enter into a separate written data processing agreement.
25. Confidentiality
25.1
Each party must keep the other party's Confidential Information confidential and must not disclose it except as permitted by this Agreement.
25.2
Each party must protect the other party's Confidential Information using reasonable security measures.
25.3
Confidential Information may be disclosed to employees, contractors, agents, suppliers, insurers, professional advisers and regulators where reasonably required, provided that appropriate confidentiality obligations apply where appropriate.
25.4
Confidentiality obligations do not apply to information that:
a. is public other than through breach of this Agreement; b. was already known to the receiving party before disclosure; c. is independently developed without use of the Confidential Information; or d. must be disclosed by law, court order, regulator or competent authority.
26. Suspension
26.1
The Company may suspend or restrict any Service immediately where:
a. payment is overdue; b. the Customer breaches this Agreement; c. the Company reasonably suspects abuse, compromise, malware, spam, phishing, fraud, illegal activity or security risk; d. suspension is required by a supplier, registry, registrar, data centre, network provider, court, regulator or law enforcement authority; e. the Service threatens the security, stability, reputation or operation of the Company's systems or third-party systems; f. the Customer's use exceeds applicable Resources; or g. the Company reasonably considers suspension necessary to protect the Company, its suppliers, its customers or the public.
26.2
The Company will use reasonable endeavours to notify the Customer of suspension, but may suspend without advance notice where reasonably required.
26.3
Charges remain payable during suspension unless the Company decides otherwise.
27. Termination
27.1
The Company may terminate the Agreement or any Service by giving at least 30 days' Written Notice to the Customer.
27.2
The Customer may terminate a Service:
a. by using the cancellation option in the Customer Account; b. by giving Written Notice before the end of the current Service Period; or c. by choosing not to renew, provided that no automatic payment or renewal arrangement remains active.
27.3
If an automatic payment method is active, the Customer is responsible for cancelling the Service or disabling the relevant automatic payment arrangement before the renewal date if the Customer does not wish to renew.
27.4
The Company is not obliged to refund renewal payments where the Customer failed to cancel before renewal, unless required by law or expressly agreed by the Company.
27.5
Either party may terminate the Agreement immediately by Written Notice if the other party commits a material breach and, where the breach is capable of remedy, fails to remedy it within 30 days of receiving Written Notice requiring remedy.
27.6
The Company may terminate the Agreement or any Service immediately if the Customer fails to pay any amount due in full and on time.
27.7
Either party may terminate the Agreement immediately if the other party becomes insolvent, ceases trading, enters liquidation or administration, makes an arrangement with creditors, has a receiver appointed, or is otherwise unable to pay its debts as they fall due.
27.8
The Company may terminate immediately where continued provision of Services would create legal, security, abuse, reputational, supplier or regulatory risk.
28. Effects of termination
28.1
On termination, the Customer's right to use the affected Services will cease.
28.2
Termination does not affect any accrued rights or obligations, including the Company's right to be paid.
28.3
Where the Customer terminates a Service, the Service will normally continue until the end of the paid Service Period unless the parties agree otherwise.
28.4
Early termination by the Customer does not release the Customer from paying Charges due for the current Service Period and does not entitle the Customer to a partial refund unless required by law or agreed by the Company.
28.5
Where the Company terminates a Service without Customer fault, the Customer will be entitled to a pro-rata refund for unused prepaid Charges for the affected Service, calculated using a reasonable methodology.
28.6
The Company may delete Hosted Materials, email, backups and other data after termination, expiry or cancellation. The Customer is responsible for taking copies before termination.
28.7
Clauses intended to survive termination will continue in force, including clauses relating to definitions, payment, indemnity, liability, data protection, confidentiality, effects of termination, notices, complaints, governing law and jurisdiction.
29. Notices
29.1
Any notice under this Agreement must be given in writing.
29.2
The Company may send notices by email, support ticket, Customer Account notice, invoice notice or post.
29.3
The Customer may send notices by support ticket, email or post using the contact details published by the Company.
29.4
A notice sent by support ticket or email will be deemed received at the time of sending, provided that no delivery failure is received.
29.5
A notice sent by post will be deemed received 72 hours after posting.
30. Complaints
30.1
Complaints should be submitted in writing using the contact details on the Website or through the Customer Account support system.
30.2
The Company aims to acknowledge or respond to complaints within 5 Business Days.
30.3
The Customer should include the account holder's name, domain name or service reference, a clear description of the complaint, relevant dates, supporting evidence and the outcome requested.
30.4
If the complaint relates to a domain name, the Customer may also have rights under the rules and complaints procedures of the relevant registry, registrar or registration authority.
31. General
31.1
No breach of this Agreement will be waived unless the waiver is given in writing by the party not in breach.
31.2
If any provision of this Agreement is found to be unlawful, invalid or unenforceable, the remaining provisions will continue in effect.
31.3
Nothing in this Agreement creates a partnership, joint venture, agency relationship or employment relationship between the parties.
31.4
The Company may assign, transfer, subcontract or otherwise deal with its rights and obligations under this Agreement without the Customer's consent.
31.5
The Customer may not assign, transfer, subcontract or otherwise deal with its rights or obligations under this Agreement without the Company's prior written consent.
31.6
The Company may subcontract any of its obligations to third parties.
31.7
This Agreement is made for the benefit of the parties and is not intended to benefit or be enforceable by any third party.
31.8
This Agreement constitutes the entire agreement between the parties in relation to the Services and supersedes all previous agreements, arrangements and understandings relating to the Services.
31.9
The Company may update these Terms of Service from time to time. Updated terms will apply to new orders, renewals and continued use of Services after the updated terms are published or notified.
31.10
This Agreement is governed by the laws of England and Wales.
31.11
The courts of England and Wales have exclusive jurisdiction to determine any dispute arising under or in connection with this Agreement, except where applicable consumer law requires otherwise.