Terms of Service

This policy, our ‘Terms of Service’, covers the Terms & Conditions on which INDDEE LIMITED supplies our service to you “Services”. Some of the main service we supply under these Terms of Service “Hosting Services” of websites, “Domain Name Services” & “Business Services”

It is important that you carefully read these Terms of Service and associated documents before you order any services from INDDEE LIMITED as you will be bound by these Terms of Service. Failure to comply with them can result in immediate termination of service with no refund.

    • These Terms of Service are non-negotiable and contain a number of policies which are essential for protecting, not just us and our supplier, but you and other users of our services.
    • Some of these Terms of Service refer directly to the terms and conditions set by our suppliers and your agreement is contingent on our customers being able to access these services or benefits.
    • Should you refuse to accept these Terms of Service or associated Policies and Documents you will not be eligible to receive services from us or our website.
  • Our Privacy Policy, GDPR Data Processing, Affiliate Terms & Conditions and Acceptable Use Policies form part of these Terms of Service.
  • INDDEE LIMITED (here after referred to as “the company”, “we”, “us” or “our”).
  • We are registered in England and Wales under company number 1232234.
  • Our Registered Address: The Lord Nelson, Hale Road, Bradenham, IP25 7RA
  • CONSENT – By placing an order for any of our services, you consent to us contacting you via email in relation to both direct aspects of your service and within our general newsletter/notification service. Email is our primary method of communicating with you any important information about changes to our services, billing, account access and scheduled maintenance.
  • JURISDICTION – Purchase & contracts for the purchase of services through our website will be governed by English Law unless INDDEE Limited deems it beneficial to work within another jurisdiction. Changes to the governing jurisdiction are made solely at our discretion and we will attempt to keep you informed should we change anything. Unless otherwise decided by INDDEE Limited any dispute arising from, or in relation to our services, the contract shall be subject to the exclusive jurisdiction of the courts of England & Wales.
  • COMMUNICATION – English is our official language and although we will endeavour to work in and support other language, for legal purposes English will be the governing language and we will not be liable for any errors which should occur from translation errors.
  • PRIMARY COMMUNICATION METHODS
    • By you to us:
      • You must contact us by support ticket via your control panel,
      • We do not offer support via any other mode of communication other than via a support ticket.
      • You can only cancel your services by using the cancellation tools available, or via support ticket.
    • By us to you:
      • Our primary point of contact with you will be either by support ticket or the email address we have registered on our system, your “Registered email Address”.
      • Alternatively, we may contact you in writing via any other email to any email address we have registered on our system, by social media, or by post to the postal address registered against your account, the legal address of your company, or any other address registered against your business.
      • We may also contact you via your mobile phone utilising, but not limited to, SMS, MMS, Push notification or broadcast.
  • By placing an order with us, or otherwise purchasing our services, you hereby warrant that:
    • You ae at least 18 years of age,
    • You are legally capable of entering into a binding contract.
  • If you are representing or acting on behalf of a company, organisation, governmental organisation or other business, professional or voluntary entity (hereafter “organisation”. You further warrant that:
    • You have the authority to bind the organisation on whose behalf you are placing the order.
      • Should your authority be questioned by any party, but especially by the organisation you hereby indemnify, agree to defend and hold us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages, expenses and all other cost, including court costs, fines and reasonable legal fees, arising out of or in connection with you placing an order with us, or otherwise purchasing our services. This includes any claim or action that your material infringes, or allegedly infringes, the property rights of a third party.
  • To place an order with us you must first successfully register for an account with us. All information that you provide whilst registering an account or in perpetuity must be complete, accurate and up to date.
    • By creating an account with us, you hereby agree and acknowledge that we may block your account access and suspend and/or terminate any services we supply if we believe the information supplied is inaccurate or fraudulent.
    • You must, at all times, keep your username and password private and not allow it to be used by anyone else.
    • You must contact us immediately if you believe that someone has access to your account or login information.
    • We, xyz & KASAY.LIMITED will never ask you to share your login information with us as we have specialised administrative access.
    • Should you allow access to your account, or access is gained through your negligence or wrong doing:
      • You hereby absolve LIMITED, our directors, staff, shareholders & suppliers of any responsibility financial or otherwise.
      • You will defend, indemnify and hold us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages, expenses and all other cost, including court costs, fines and reasonable legal fees, arising out of or in connection with you allowing access to your account or access being gained through your negligence or wrong doing.
      • We will endeavour to support you and assist with cleaning up any mess but should any repair work require advanced technical assistance this will incur an additional charge. We will always endeavour to keep the costs low but in some circumstances this would be unavoidable.
    • Before you complete and submit your order to us you will be shown a summary of the services you wish to order, their prices and applicable taxes. At this point there will be an option to amend or correct any errors before completing your order.
      • Should you wish to change platform at a later date, i.e. Linux to WordPress this can be arranged by opening a support ticket.
    • You will be required to provide and authorise either Stripe or PayPal payment details.
      • After an order has been confirmed, we will email you with a confirmation of the services you have ordered, login information, and any other relevant information to Your Registered email Address.
  • Your order constitutes an offer to us to buy our service and all orders are subject to our acceptance.
  • Once you have placed an order with us you will receive an email from us accepting your order and, if relevant, informing you that the hosting services you have purchased have been fully activated – the “Acceptance Confirmation”.
  • The Contract between us will only be formed when we send you the Acceptance Confirmation and is always bound by our Terms of Service. We may, at our discretion, decline your order for the service for any reason, but should this occur we will contact you to tell you.
  • The Contract will relate specifically to the services we have confirmed in the Acceptance Confirmation, and each service is subject to its own contract. We are at no obligation to supply any other service which may have been part of your order until those services have been confirmed.
  • We can, at any time, withdraw the services provide to you at our discretion, without refund, should your content be found to be illegal, hate based, found to incite hate, breach any of our Terms of Service, Use Policies or should your conduct to our employees be deemed unacceptable.
  • If you are purchasing our services as a consumer (i.e., not within the course of your business), ordinarily the ‘Consumer Contract Regulations 2013’ would allow you to cancel the contract at any time within the 14 working days after you received the Acceptance Confirmation.
  • However, by placing your order, you are agreeing to us starting the supply of those services before the end of the cancellation period referred to here. As such you will not have the right to cancel the Contract under the ‘Consumer Contract Regulations 2013’.
  • This does not otherwise affect your statutory rights.
  • All prices are quote exclusive of VAT.
  • The total cost of your order will be clearly presented before you submit you order for the Services.
  • All prices are liable to change at any time, we will endeavour to notify you at least 14 days in advance of any price increases coming into force.
    • Domain Registration prices can fluctuate depending on the exchange rates. This on one hand effects the price we charge and on the other will affect the price you pay if you are paying in a currency other than GBP. Up-to-date price information is available in your client account.
    • If you do not cancel the service, you will be deemed to have accepted the new prices and they will be charged to your payment method.
  • Due to the quantity of service we offer, it is possible that, despite our best efforts, some services may become incorrectly priced. In these situations, we will:
    • IF THE CORRECT PRICE IS LOWER than the stated price, we will automatically charge the lower amount when processing and accepting your order.
    • IF THE CORRECT PRICE IS HIGHER than the stated price we will contact you and consult with you on the matter before accepting your order.
      • We are under no obligation to provide the services to you at the incorrect ‘lower’ price, even after the Acceptance of Confirmation email has been sent.
    • No payment will be deemed to have been received until we have received cleared funds. Should your chosen primary method of payment not be authorised by your provider (i.e. return unpaid) you hereby authorise us to seek payment from any other payment method registered in your account.
    • We reserve the right to seek to recover any outstanding amount due by other means, including but not limited to, external debt recovery agents if necessary. Should this type of action have to be sought you will be liable for all additional fees involved, including those incurred by the company as a result of your action.
    • Should you fail to pay any outstanding amount due your account may be suspended.
    • If you are experiencing hardship or are going to be late for a payment please contact support in advance of your failed payment and we will try and work with you. This does not guarantee that a suitable outcome can be found but will reduce the likelihood of any immediate penalties or suspension.
  • Subject to the other provisions set out within these Terms of Service and our other policies, that all services purchased and provided by us through our website will be provided with reasonable care and skill.
  • We will not be liable for a breach of any warranty provided unless:
    • You give us detailed written notice of the breach.
    • We are given ‘reasonable opportunity’ after receiving the notice to review and examine our provision of the services to you.
    • You alter any of the services without written consent.
    • The problem arises because of your actions.
    • The problem arises because third party access was given to your account.
    • The problem arises because of misuse.
    • The problem arises because you fail to follow our instructions as to the correct and appropriate use of the service.
  • If we are in breach of any warranty offered by us in accordance with the clause above, we will use all reasonable means and efforts to remedy the breach as promptly as possible or refund the price of service at the pro rata Contract price.
  • You acknowledge and accept that any refund or compensation will not exceed the pro rata Contract price.
  • By accepting these Terms of Service, you formally acknowledge that you have not relied on any statements, assurances, promises given by us, our representative, or on our behalf, which is not set out in writing on our website or confirmed by us in writing.
  • By nature computer systems need operational maintenance, upgrading and software updating. We endeavour to ensure that disruption is as minimal as possible but:
  • We do not, under any circumstances, warrant that access to our servers will be uninterrupted or error free, but we will always take all actions within our power to keep downtime to a minimum.
  • System status updates and monitoring are available through the Stack Status function.

 

  1. HOSTING SERVICE – ACCESS
    • It is your responsibility to ensure that all the necessary provisions and arrangement are in place for accessing our service.
    • It is your responsibility to ensure that all persons who access our services from within your organisation, employed by you or otherwise or through your internet connect are aware of these Terms of Service and our acceptable use policy.
    • It is your responsibility to ensure that all persons who access our services on your behalf (i.e. Your Website Manager) are aware of these Terms of Service and our acceptable use policy.
  • It is your responsibility to ensure that all the necessary provisions and arrangement are in place for accessing our service.
  • It is your responsibility to ensure that all persons who access our services from within your organisation, employed by you or otherwise or through your internet connect are aware of these Terms of Service and our acceptable use policy.
  • It is your responsibility to ensure that all persons who access our services on your behalf (i.e. Your Website Manager) are aware of these Terms of Service and our acceptable use policy.
  • Unless you are a Virtual Private Server customer and the account in question is based on that package, you will only be allowed to use a maximum of 10% of the servers processing capacity when using the hosting service package you order.
  • We may allow your usage to exceed this CPU limitation, but this is exclusively at our discretion and does not provide basis for any long-term rights on your behalf to exceed this limit or any obligation by us to maintain this level of use. Should your usage have a detrimental effect on our other customers we will speak to you about your hosting requirements.
  • Should your needs be consistently demanding to our systems we might suggest that your business requires the resources of a Virtual Private Server.
  • Some package offered may come with a limitation on the number of additional services available (i.e. mailboxes, subdomains etc). Should this be the case, details of the limitations will be available on our website.
  • Disused mailboxes which have remained unused for more than 100 days will be automatically deleted.
  • When using our services, you must comply with these Terms of Service, our Website Terms of Use, our Acceptable Use Policy and all other policies issued by us.
    • Should any conflict arise between these Terms of Service and our Website Terms of Use, it will resolve in favour of these terms and conditions.
    • Any breach of our Policies, Acceptable Use Policies, Terms of Service, Terms & Conditions and/or terms of use entitles us to terminate any and/or all of your service provisions without refund or remuneration to yourselves but not absolving you of any financial obligations you may have to us.
  • You retain all and full intellectual property rights in and to your material.
  • You grant us, and our suppliers, worldwide, non-exclusive, royalty free, license to use, store, distribute and maintain your materials on our platform and servers and to publish it on the internet for the purpose of providing the hosting service to you.
  • You understand that your information may be accessed, stored or distributed to any country throughout the world.
    • Should you wish to block access to certain countries this can be achieved by selecting the country within the block country function.
    • If you use the Content Distribution Network you acknowledge that cached copies of your information will be stored at geographic locations selected throughout the world, the locations of which will be automatically set to best serve the needs of your website by the platform.
  • You warrant that your material does not infringe the intellectual rights of ANY third party and that you have the authority and/or license to grant license to. We may, on occasion, make copies of this information as such is necessary to perform our obligations, i.e. making back-up copies of your materials.
  • You will defend, indemnify and hold us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages expenses and all other cost, including court costs, fines and reasonable legal fees, arising out of or in connection with your use of our services. This includes any claim or action that your material infringes, or allegedly infringes the property rights of a third party.
    • Claims of third-party rights infringements, by yourself, will be investigated by ourselves, our suppliers, or advisors and should we find that the third party has probable or justifiable cause to pursue you, we will insist that the information is taken down from public view immediately.
    • Should you fail to remove this content from public availability, you understand and accept this will result in the immediate suspension of your account. Should you fail to remedy the situation within the 45-day suspension limit, your account will be automatically terminated and information deleted, without refund or reimbursement by us.
    • Should you be ordered, by a Court or Authority with the legal mandate to instruct you, to take the information down and you fail to do so you understand and accept this will result in the immediate suspension of your account. Should you fail to remedy the situation within the 45-day suspension limit your account will be automatically terminated and information deleted, without refund or reimbursement by us.
  • If you download any software from our website, we automatically grant you a non-exclusive, non-transferable, royalty free license to use that software, within the terms of its individual licenses, for the purpose set out on our website in relation to that software.
    • Such will automatically terminate when we terminate providing the Hosting Services to you.
    • In some cases, you might be unable to transfer the information stored in said software to another organisation or location outside of our platform.
    • In such cases that information does transfer it doesn’t automatically mean you have the license to use the software. In all cases you should check with the software rights holder to ensure that you are licensed to continue using their software.
    • You will defend, indemnify and hold us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages expenses and all other cost, including court costs, fines and reasonable legal fees, arising out of or in connection with your continued use of software originally licensed by us should we inform you that the license has been withdrawn or you leave our hosting service.
  • Third-Party software that you download from our website is licensed to you under the standard software license terms of the owner of the software and intellectual property rights.
    • By downloading the software, you are agreeing to be bound by the license terms of the owner of the software and intellectual property rights.
    • Licenses and terms change over time, it is your responsibility to check and ensure that at all times you are compliant with the rights owner’s license.
    • You will defend, indemnify and hold us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages expenses and all other cost, including court costs, fines and reasonable legal fees, arising out of or in connection with your use and or breaches of any/or all license breaches committed.
  • We will comply, to the best of our ability with requests from law enforcement agencies throughout the world to the level that is legally required within our chosen governing jurisdictions. This could mean that we are required by law to hand over your information.
  • We and our suppliers retain all intellectual property rights to all services & software within our hosting service or otherwise (other than your materials hosted within our hosting service). You must not, and at no point will be authorised to, decompile, disassemble, adjust or make alterations to the hosting service or any of the software we use whether owned by us or a third-party supplier.
  • Should a third-party rights holder issue you license to or otherwise authorise you to, decompile, disassemble, adjust or make alterations to any of the software owned by them, you must:
    • Not conduct anything without our express written permission.
    • The software rights owner must have provided you written permission, which must be sent to us.
    • The rights holder must indemnify and hold us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages expenses and all other cost, including but not limited to court costs, fines and reasonable legal fees, arising out of or in connection with your decompiling, disassembling, adjust or making alterations to any of the software owned by them.
    • You will defend, indemnify and hold us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages expenses and all other cost, including but not limited to court costs, fines and reasonable legal fees, arising out of or in connection with your decompiling, disassembling, adjusting or making alterations to any of the software owned said third-party rights holder.
  • We and/or our suppliers will defend you against claims that our hosting service infringes any United Kingdom intellectual property rights of a third party, whom hasn’t licensed us or our suppliers, and shall indemnify you for any reasonable amount awarded against you in judgement or settlement of such claims, provided that:
    • You give prompt notice of any such claims.
    • You make no admissions or settlements without our prior written consent.
    • You provide reasonable cooperation to us, our suppliers and legal teams in the defence and settlement of such claims at your expense.
    • You grant us, our suppliers, partners and legal teams: full, sole and exclusive authority to defend and or settle the claims.
    • Should you fail to comply with these terms or choose to handle the situation alone or go against the advice of us, our suppliers or legal teams you hereby indemnify and hold us, our directors, staff, shareholders & suppliers harmless against all claims, actions, proceedings, losses, damages expenses and all other cost, including but not limited to court costs, fines and reasonable legal fees.
  • It is your sole responsibility to maintain appropriate and up-to-date copies of any data, information or other materials you upload onto our servers. We provide you a range of free tools including automatic timeline snapshot backups and manual backup tools enabling you to make website backups. 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.
  • Data stored on our hosting service will be archived as per our archiving procedure.
  • If your hosting service includes timeline back-ups, our systems automatically takes a full snapshot of your hosting package and database every day and lets you restore each package and database to a previous point in the last 30 days.
    • This service is not a guarantee and you hereby acknowledge that although all efforts will be made to maintain active back-ups of your website, it is your responsibility to ensure offline backups of your materials exist and are maintained on your systems.
    • This service is an emergency backup and the snapshot is taken automatically by the system at a point operationally beneficial to the platform. You should not rely on this back-up when updating website software and should always perform a manual back-up of your package before conducting changes or upgrades.
  • We and our suppliers will not be responsible for any loss, destruction, alteration or disclosure of your materials caused by you or any third party.
  • You hereby fully indemnify, agree to defend and hold us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages expenses and all other cost, including court costs, fines and reasonable legal fees, arising out of or in connection to any and all loss of your data, including but not limited to any third party data you might hold.
  • Where the contract involves and/or includes our, Domain Name Services, we:
    • WILL aim to procure the timely registration of your desired domain name.
    • WILL NOT be liable in the event that registration fails due to another purchaser successfully acquiring the domain before you. We will credit your client account the full amount.
    • WILL NOT be liable in the event that the relevant domain registry refuses to register the domain name you have requested, or subsequently decides to suspend or revoke any registration for that domain.
    • WILL NOT be liable in the event that the relevant domain name registry, ICANN, the Courts or any other Authority with the power to, removes the domain from you. For example, but not limited to, for copyright infringement.
      • In this event you will not be entitled to a refund or reimbursement.
      • You hereby fully indemnify, agree to defend and hold us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages expenses and all other cost, including court costs, fines and reasonable legal fees, arising out of or in connection to any and/or all domain purchases made by you through our service, managed through our control panel, directed to our DNS or hosted on our hosting service.
    • WILL NOT act as your agent on your behalf in any dealings with the domain name registries.
    • The domain name in question and its ongoing use shall at all times be subject to the relevant domain name registry’s policies, terms or conditions.
    • It is your sole responsibility to ensure that you are up to date with your domain name registry’s policies, terms or conditions and that you comply with them fully.
    • The domain name is considered to have been successfully registered when you successfully become the official registrant on the appropriate registry’s ‘Who Is Database’.
    • We, including our suppliers and registry partners, shall have absolute discretion to require you to choose an alternative or replacement domain name to the one you have attempted to register.
    • We may suspend and/or terminate our “Domain Name Services”, if we believe, or in our opinion there are ground to believe, your chosen domain name is,
      • In breach of a third parties copyright,
      • It may have been or is likely to be in bad faith,
      • We feel you are domain squatting,
      • We feel you are or intend to conduct illegal activities utilising said domain name,
      • Are in breach of the registry’s policies, terms or conditions,
      • Are in breach of our Terms of Service, or associated Documents, Policies, Acceptable use Policy, Terms of Service, Terms & Conditions and/or Terms of Use,
      • Are in breach of any legal or regulatory requirements.
    • You confirm and warrant that you are working under the instruction of, are licensed by, or are the legal owner of any trade mark in any domain name that you have requested to register.
    • Our registration of domain names is often completed automatically and does not in any way suggest or warrant that you have the right to use that domain under law. It is your exclusive responsibility to ensure that you are operating within the law.
  • If the domain is supplied by you or otherwise authorised by you for use as a domain name in relation to any website hosted on the hosting service provided by us, for example, but not limited to, registering with a third-party registrar or directly with the registry, you confirm and warrant that you are working under the instruction of, are licensed by, or are the legal owner of any trade mark.
  • Upon successful completion of a domain name registration, it will require periodically renewing. The frequency of this will depend on registry policies, terms or conditions and the length of time since you last renewed the domain, typically this is between 1 & 10 years. We will automatically send you renewal notices 30 days & 7 days prior to the date of renewal. These emails will be sent to Your Registered email Address.
  • You hereby authorise us to automatically renew the domain name on your behalf unless you have cancelled the “Domain Name Services” in accordance with these Terms of Service.
  • The renewal price will be clearly set out within your account and will be automatically charged against your registered payment method.
  • You hereby acknowledge and warrant that unless you specifically cancel the domain in advance of the domain’s renewal date that you will pay in full for the domain promptly and on time.
  • Should you fail to pay promptly, but the domain is automatically renewed in good faith to protect your service, you will still remain liable to pay in full for any and all services renewed on your behalf.
    • Should you fail to promptly pay, you will become liable to an additional non-payment fee.
  • You hereby acknowledge that should you fail to pay promptly the domain name renewal will fail and your domain will become unavailable. Should this happen the domain will enter a number of steps with increasing fees until eventually re-entering general availability to the public.
  • You acknowledge and agree that we, our suppliers or registries, may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter without notice. These features are primarily designed to protect you.
  • You will defend, indemnify and hold us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages expenses and all other cost, including but not limited to court costs, fines and reasonable legal fees, arising out of or in connection with your purchase, renewal, transfer, use and all anything else related to your domain names.We
  • If you have received a free domain name, through one of our free inclusive domain names offer, for example but not limited to pay monthly hosting services, all free & inclusive domains, unless otherwise stated, are leased to you for your use as long as you are a hosting service customer.
  • As such we will have full ownership and authority in relation to said domain as long as it is registered to us.
  • But you will hold full and exclusive liability and will defend, indemnify and hold us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages and all other cost, including but not limited to court costs, fines and reasonable legal fees, arising out of or in connection with the purchase, renewal, transfer, use and anything else related to the domain names covered under these Terms of Service,
  • Where the contract involves and/or includes our, “Domain Name Services”, we:
    • WILL aim to procure the timely registration of your desired domain name.
    • WILL NOT be liable in the event that registration fails due to another purchaser successfully acquiring the domain before you.
    • WILL NOT be liable in the event that the relevant domain registry refuses to register the domain name you have requested, or subsequently decides to suspend or revoke any registration for that domain.
    • WILL NOT be liable in the event that the relevant domain name registry, ICANN, the Courts or any other Authority with the power to remove the domain does so. For example, but not limited to, for copyright infringement.
      • In this event you will not be entitled to any refund or reimbursement.
      • You hereby fully indemnify, agree to defend and hold us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages expenses and all other cost, including court costs, fines and reasonable legal fees, arising out of or in connection to any and/or all domain registered by you through our leasing service, managed through our control panel, directed to our DNS, or hosted on our hosting service.
    • The domain name in question, and its ongoing use, shall at all times be subject to the relevant domain name registry’s policies, terms or conditions.
    • It is your sole responsibility to ensure that you are up-to-date with your domain name registry’s policies, terms or conditions and that you comply with them fully.
    • We, including our suppliers and registry partners, shall have absolute discretion to require you to choose an alternative or replacement domain name to the one you have attempted to register.
    • We may suspend and/or terminate our Domain Registration and Renewal service, if we believe, or in our opinion there are grounds to believe, that your chosen domain name is,
      • In breach of a third parties copyright.
      • It may have been or is likely to be in bad faith.
      • We feel you are domain squatting.
      • We feel you are or intend to conduct illegal activities utilising said domain name.
      • Are in breach of the registry’s policies, terms or conditions.
      • Are in breach of our Terms of Service, or associated Documents, Policies, Acceptable Use Policy, Terms of Service, Terms & Conditions and/or Terms of Use.
      • Are in breach of any legal or regulatory requirements.
    • You confirm and warrant that you, are working under the instruction of, are licensed by, or are the legal owner of any trade mark in any domain name that you have requested to register.
    • Our registration of domain names is often completed automatically and does not in any way suggest or warrant that you have the right to use that domain under law. It is your exclusive responsibility to ensure that you are operating within the law.
  • You hereby acknowledge that, should you fail to pay your service renewal, that your domain, hosting and account could be suspended and or closed with no right to access or ownership of the domain name.
  • You acknowledge that we, our suppliers or registries will place a number of locks on any domain registered with us either at the time of registration or at any time thereafter without notice. These features are primarily designed to protect you and prevent domain theft.
  • Should you wish to purchase the domain, this can be arranged by contacting Customer Support and requesting a quote. Fees will include, but are not necessarily limited to, the remaining pro rata amount remaining from within the registered period. (i.e. if the domain has been registered with the registry for 12 months and you are looking to acquire 3 months into a domain inclusive hosting package. You will be liable for the remaining 9 months).
  • If the domain was owned by us prior to your leasing it, we reserve the right to charge our desired amount for the domain.
  • If we purchased the domain in order to lease it to you, we reserve the right to charge 25% of the market value, as determined by us or our chosen suppliers or consultants.
  • If you are choosing to remain with us but take ownership of your domain, we may waive, reduce or suspend the above stated fees depending on your desired package.
  • You will defend, indemnify and hold us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages expenses and all other cost, including but not limited to court costs, fines and reasonable legal fees, arising out of or in connection with your leasing, purchase, renewal, transfer, use and anything else related to your domain name & Domain Name Services.,
  • You hereby acknowledge and accept that you will at no point have the right, title or interest in any Internet Protocol addresses which have been allocated to you as part of our hosting services upon the termination or expiry of your service.
  • Any IP Address which is allocated to you as part of the hosting service you purchased, is not portable or otherwise transferable by you in any manner.
  • Your IP address is not guaranteed and may be subject to change.
  • If an IP address is re-numbered or re-allocated by us or any of our services, we will attempt to avoid any disruption to your service.
  • Your first point of call should be our Support Database.
  • Our support team will help to resolve any problems you might have with the services you are receiving. We will not be able to provide programming support to you but our hosting platform has been designed to be compatible with many different programming languages.
  • We do not offer telephone technical support; support is provided exclusively by online support tickets.
  • We may provide links to the websites or companies on our website, whether affiliated to us or not. We cannot give any assurances or undertaking that any products or service you purchase from these companies, to whom we have provided you links, will be of satisfactory quality. We offer no warranties and any such warranties are disclaimed absolutely.
  • Any disclaimer does not affect your statutory right against the third party.,
  • We, our partners and supplier are not responsible for monitoring your materials and will not have any liability for your materials, uses of our hosting service or communications you transmit by virtue of the Hosting Service.
    • You will defend, indemnify and hold us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages expenses and all other cost, including but not limited to court costs, fines and reasonable legal fees, arising out of or in connection with your use of our hosting service, communications, the materials you store on our hosting service.
  • Due to the public nature of the internet, it’s global structure and multi-jurisdictional framework, 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 or alternative transmission of information from our hosting service.
  • No guarantee or representation is given that the Hosting service will be free from security incidents or unauthorised users.
  • All terms, conditions, warranties and representations that are not clearly set out in this Terms of Service or the documents and policies referred to in them are hereby expressly excluded.
  • We do not exclude or limit our, or our supplier’s liability in any way for:
    • For death or personal injury caused by our negligence.
    • Under Section 2(3) of the Consumer Protection Act 1987.
    • For fraud or fraudulent misrepresentation.
    • For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
  • We will not be responsible for, and you will indemnify and hold us, our directors, staff, shareholders & suppliers harmless against any of the following types of losses, in each case regardless of whether they are consequential, indirect or direct losses, and whether they are caused by our or our suppliers 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.
    • Any other costs or losses which might arise
  • Subject to these Terms of Service our maximum gross liability, under or in connection with the actual or contemplated performance of our services or the contract, whether in contract, tort, negligence or otherwise, will under no circumstances exceed 100% of the total monies paid by you to us over the 12 Months preceding the event giving rise to the liability in question.
  • You are strongly advised to acquire business interruption insurance, or other appropriate insurance. This will protect your business in the event of business interruption and/or any interruptions to our service.
  • When you buy any product or service from a third party seller after following a link from our website, we are in no way liable or responsible and you absolutely absolve, indemnify us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages expenses and all other cost, including but not limited to court costs, fines and reasonable legal fees, arising out of or in connection with your use of their services or software. The third-party seller’s individual liability will be set out in their terms and it is your responsibility to consult such Terms & Conditions.
  • You hereby totally and absolutely absolve, indemnify us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages expenses and all other cost, including but not limited to court costs, fines and reasonable legal fees, arising out of or in connection with your use of our services.
  • You will defend, indemnify and hold us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages expenses and all other cost, including but not limited to court costs, fines and reasonable legal fees, arising out or in connection with your use of our services and against all other actions, crimes, or infringements.
  • All parts of the contract, unless otherwise clearly stated, will commence at the point we send you the Acceptance Confirmation or begin supplying you the service. Unless otherwise terminated, as provided for in this clause, your contract will be enforceable for the period of time that applies to the services.
  • Renewals, after any “Fixed Minimum Term Periods”, will renew at either a new fixed-term or on a month by month basis depending on the product or service. You will be notified of any upcoming payments in advance and this will continue until cancelled or terminated.
    • You cannot cancel any of your Services by email, letter, or telephone.
    • As a Consumer, you may cancel the Contract within 14 days of purchase, by exercising your rights to cancel within the legal “cooling off period”.
    • To cancel under the Consumer ‘cooling off period’ you must inform us, in writing via Support Ticket, of your decision in clear and simple terms.
    • The “cooling off period” applies only to ‘Consumers’ and not business customers (i.e. but not limited to, companies, organisations, self-employed and/or people who purchased the service to conduct a trade, advertise a business product or service, or otherwise earn an income which would be subject to taxation)
    • The “cooling off period” does not apply to Domain Name Services as this is a custom product which you gain access to immediately after a successful registration.
    • See Section 6 – CONSUMER RIGHTS.
    • You may cancel your contract, other than under the terms of the ‘cooling off period’, by informing us, in writing, via Support Ticket of your decision in clear and simple terms.
    • To complete, you may be asked via email to Your Registered email Address, to any email address we have registered on our system, by support ticket, social media or by post to the postal address registered against your account, the legal address of your company or any other address registered against your business to re-confirm via our support messaging system. Failure to confirm will result in us continuing to supply the relevant product or service and the cancellation will be unsuccessful. This is to help prevent accidental or malicious cancellation.
    • You hereby acknowledge and guarantee that we will not be held liable or responsible for any data lost after a cancellation request has been made, regardless of whether that cancellation has been verified and hereby indemnify and hold us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages expenses and all other costs, including but not limited to court costs, fines and reasonable legal fees, arising out or in connection with a cancellation request submitted by you, your representatives, or from your account, and against all other actions, crimes, infringements.
    • Should there be any reason why we have made the decision to terminate your contract with us, we will give you, in writing via email to Your Registered email Address, to any email address we have registered on our system, by support ticket, social media or by post to the postal address registered against your account, the legal address of your company, or any other address registered against your business, at least 30 days advanced notice.
  • All payments charged on a month to month basis shall be charged monthly in advance directly to your registered payment method. We will aim to take said payment on the same date of the month as the Services had originally commenced or if no such date occurs then on the last day of the month until such a time as the Service is cancelled or terminated in accordance with these Terms of Service.
  • All cancellations are deemed to come into effect at the billing period. You will not be entitled to any refund or reimbursement if you cancel early, even if your service is shut down, under your instruction, with immediate effect.
  • We may at any time, without prejudice or limitation by any other right to suspend or terminate under these Terms of Service, our Acceptable Use Policy, Website Terms of Use, Affiliate Terms & Conditions, terminate the Contract at any time by giving you, in writing via email to Your Registered email Address, to any email address we have registered on our system, by support ticket, social media or by post to the postal address registered against your account, the legal address of your company, or any other address registered against your business, at least 30 days advanced notice.
  • Should we cancel, with no fault on your part, we will refund to you the amount paid for the cancelled service on a pro-rata basis for the remaining unexpired Minimum Term.
  • Notwithstanding any clauses to the contrary stated within these Terms of Service, if you are found to be in breach of an obligation of these Terms of Service, we may terminate the Contract at 7 days notice.
  • Should you be found to be in serious breach, including but not limited to conducting illegal or fraudulent activities, or should we be instructed to by a Law Enforcement Agency or competent Authority, your account can be terminated with immediate effect and all materials handed over to Law Enforcement or relevant Authorities.
  • Expiry or Termination of the Contract will not affect or prejudice any of the rights, responsibilities or liabilities of either party arising in any way under the services at the date of Cancellation, Expiry, or Termination.
  • Our design services, unless otherwise clearly stated or agreed to in writing, is undertaken on a leased basis. All copyright, title, ownership and other rights and privileges remain the sole and exclusive property of us and our suppliers.
  • No part of any leased design work is to be trademarked or otherwise protected without out prior written permission, authorised by a Company Director.
  • Any design work which is to be purchased in full by the client will be clearly stated and come with written acknowledgement of such and transfer of title.
  • Any design work which is conducted on a part paid, part licensed, or leased basis, for the purpose of the Contract and these Terms of Service, will be treated as separate entities even if they form a singular product or service. No rights conveyed or otherwise transferred with the purchased components will be applicable to the licensed or leased component.
  • You hereby warrant and acknowledge that, should the purchased component, product or service, and the licensed or leased component, product or service, be inseparable upon termination of the service contract, license, or lease, you must stop using the combined product or service. At this point the purchased component, product or service will be deemed to have reached the end of its purchased lifespan. No refund or reimbursement will be due.
  • Some components, product or service maybe supplied by third parties and sub-licensed or included as part of a product or services, for example but not limited to a WordPress plugin:
    • All rights remain the sole property of their respective owners and are not in any way given, conveyed or transferred to you in any way. We and/or our supplier have the right to terminate your use of the components, product or service. You will not be entitled to a refund or reimbursement unless this was specifically charged for on an independently itemised invoice. Any refund or reimbursement will be calculated pro rata and will not exceed 100% of the money paid.
    • Should your product or service be terminated you must cease using all third-party components, products or services which have been provided and licensed via us.
    • You will defend, indemnify and hold us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages expenses and all other costs, including but not limited to court costs, fines and reasonable legal fees, arising out or in connection with your use of third-party components, products or services which have been provided and licensed via us and against all other actions, crimes, infringements.
  • Any design work leased or licensed by us remains our property at all times and is non-transferable. Should your contract be cancelled, expire, be terminated or otherwise come to an end, your right to use said leased or licensed components, products or services will simultaneously be cancelled, expire, be terminated or otherwise come to an end.
  • All parts of the contract, these Terms of Service, and all of the associated documents and policies named within, will commence with our Acceptance Confirmation and the successful registration or transfer of the domain. It will continue until such a time that:
    • the domain fails to renew, is transferred away from our services or you request that we no longer renew the domain and it expires.
    • We terminate, cancel or refuse to supply the Domain Name Services to you because:
      • The domain name is no longer available.
      • The registry has refused your application.
      • You are in breach of any of these Terms of Service, associated documents, and policies named within.
      • Any other reason which is preventing the successful Registration & Renewal of the Domain Name
    • If we fail to successfully Register or Renew your Domain Name, due to no fault on your part, we will refund the fee you paid to your Client Account or the payment method used to purchase the Domain Name Services in question.
    • If we terminate your Domain Name Services, due to no fault on your part, we will refund the fee you paid to you Client Account or the payment method used to purchase the Domain Name Services in question.
    • We at no point will be liable for any amount greater than 100% of the fee paid for the Domain Name Services specifically in question. Any refund or reimbursement is contingent on a successful refund or reimbursement by the registry and/or our registration partners and suppliers and is entirely at our discretion.
    • You will not be entitled to a refund if your domain registration or renewal fails due to:
      • Illegal or fraudulent activities conducted by you or via any of your registered domain names.
      • Your domain is seized or otherwise taken over by the registry, the Courts, a Law Enforcement Agency or any other body with the legal ability to do so. The judgement of the legality of this seizure will rest solely with the registry which enforces it.
      • Your domain becomes blocked by the registry, the Courts, a Law Enforcement Agency or any other body with the legal ability to do so. The judgement of the legality of this seizure will rest solely with the registry which enforces it.
    • You will defend, indemnify, and hold us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages expenses and all other costs, including but not limited to court costs, fines and reasonable legal fees, arising out or in connection with your use of our Domain Name Services and against all other actions, crimes, infringements.,
  • We retain the right to cancel, without warning, any discounts and offers you are entitled to including lifetime and legacy pricing should you:
    • Fail to comply with any of these Terms of Service or associated documents.
    • Default on any payment or fail to meet a payment deadline.
    • Cancel the service which holds the entitlement.
    • Use the discount in an unauthorised manner, including allowing third-parties to use or benefit from your discount.
    • Attack, threaten, or otherwise cause distress to our staff, customers, directors, shareholders & suppliers.
    • Bring the Company into disrepute, privately or publicly criticise, attack, or otherwise harm the Company or its reputation.
  • In addition to these Terms of Service, if you join our Affiliate Scheme you are bound by our Affiliate Terms & Conditions.
  • Upon cancellation of your services, any data and material we hold or host in regards to the services you have cancelled, will be immediately, irreversibly and permanently deleted.
  • You are advised to create and download backup copies of your data before you cancel any services.
  • We, and our suppliers, will not be liable or responsible for any events outside our reasonable control (“Force Majeure Event”) which result in any delay in or failure to perform any of our obligations.
  • Force Majeure Events include, but are not limited to, any act, event, non-happening, omission or accident beyond our reasonable control, including, but not limited to:
    • 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.
    • Pandemics, quarantines, economic shutdowns or civil lock-downs both local and national, including the threat thereof, in preparation for, or the applicationof.
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
    • Impossibility of the use of public or private telecommunications networks.
    • The regulations, restrictions, legislation, acts or decrees of any government.
  • In the event of a Force Majeure Event, our performance under the contract will be deemed to have been suspended for the duration of any and all Force Majeure Event for as long as they should continue.
    • We will attempt to maintain operation of our services if at all possible.
    • Should it be applicable, we will take all reasonable actions to bring the Force Majeure Event to a resolution.
    • If possible, we will attempt to find an alternative solution by which our obligations under the Contract may be performed despite the Force Majeure Event.,
  • We will, on occasion, include additional Terms & Conditions especially in regards to, but not limited to, offers, promotions or discounts. Should this be the case you will be advised of such at the relevant point.
  • All notices provided by you to us, must without exception be given to us through our online support tickets and will not be considered as delivered until such changes come into effect, acknowledged as confirmed, or a team member has responded.
  • We may give notices to you via our online system, support ticket, via our website, via email to Your Registered email Address, to any email address we have registered on our system, by support ticket, social media or by post to the postal address registered against your account, the legal address of your company or any other address registered against your business.
  • We may also contact you via your mobile phone utilising, but not limited to, SMS, MMS, Push notification or broadcast.,
  • All communications will be conducted in writing, primarily electronically.
  • It is a legal requirement that some information or communication we send you has to be in writing when it applies to certain applicable laws.
  • When contacting you we will either contact you directly via email, by posting notices on our website, by posting a message on your account or via support ticketing.
  • You hereby agree and authorise that communications will be in writing, primarily over the electronic and/or digital means mentioned herein.
  • You hereby agree and authorise that all information, contracts, notices and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
  • You hereby warrant that your continued use of our services constitutes your agreement and acknowledgement of any and all communications, including but not limited to notices, policy changes, and contract changes.
  • This condition does not affect your statutory rights.
  • This contract is designed and intended to represent solely the contractual relationship between you and us. Neither party intends that any of the contract be enforceable by the Contracts (Rights of Third Parties) Act 1999 or any subsequent or similar Acts, by any person or entities that are not party to it.
  • The contract is binding on both parties and our successors or assignees.
  • Without our prior written consent, you may not sell, gift, transfer, assign, charge or otherwise dispose of the contract, or any of your rights and/or obligations.
    • This consent will not be unfairly withheld as long as your proposed successor is deemed acceptable.
    • Without official consent you will remain legally liable for the services.
  • You hereby warrant and guarantee that you will not sell, gift, transfer, assign, charge or otherwise dispose of the contract, or any of you rights and/or obligations, without our prior written consent. You will defend, indemnify and hold us, our directors, staff, shareholders & suppliers harmless against claims, actions, proceedings, losses, damages, expenses and all other costs, including but not limited to court costs, fines and reasonable legal fees, arising out or in connection with your selling, gifting, transfer, assigning, charge or otherwise disposing of the contract, or any of you rights and/or obligations whether consent has been granted, refused or otherwise.
  • We may at any time, without your consent, knowledge or approval: sell, gift, transfer, assign, charge or otherwise dispose of the contract, or any of our rights and/or obligations.
  •  Should we fail to, or temporarily elect not to, ensure and insist on your strict performance of any of your responsibilities or obligations under these Terms of Service, associated policies or the contract at any time, does not and shall not at any time constitute a waiver of any rights or remedies. This does not and shall not release you from your contractual obligations to comply with these responsibilities or obligations.
  • Should we fail to, or temporarily elect not to, exercise any of the rights or remedies we are entitled to under these Terms of Service, associated policies or the contract, does not and shall not at any time constitute a waiver of any rights or remedies, it does not and shall not release you from your contractual obligations to comply with these responsibilities or obligations.
  • Should we at any point issue a waiver of any default, this does not and shall not constitute a waiver of any subsequent default.
    • Should you subsequently default we reserve the right to cancel the original waiver, and reinstate all the original rights or remedies.
  • No waiver, by us or otherwise, of these Terms of Service shall be valid or effective unless it is, in writing, issued by us, stored on our system, and signed by our CEO.
  • Should, at any time, any of these Terms of Service or any other provisions of the contract deemed to be or become invalid, unlawful or unenforceable to any extent, by any competent Authority, said term, condition or provision will, to the extent required, be severed from the remaining terms, conditions and provisions. All remaining terms, conditions and provisions will continue to be valid to the fullest extent permitted by law.
  • These Terms of Service and all other documents and policies expressly referred to within, form and represent the entire subject matter for the contract between you as the service user and us as the service provider. They supersede, override & replace any and all prior agreements, arrangements or understandings between us whether oral or in writing.
  • We each formally acknowledge that, in entering into the Contract, that we have not relied on any statements, representations, undertakings, assurances, promises given by the other, their representative or on their behalf, or has been implied by and/or from anything said, discussed, written or previously or provisionally agreed in any negotiations between the parties prior to such Contract, except as expressly stated in these Terms of Service and associated and expressly named documents.
  • Neither party shall have any remedy in respect to any untrue statement made or implied by the other whether orally or written prior to any contract unless such untrue statement was made fraudulently or with criminal intent. The other party’s only rights and remedy shall be for breach of contract as set out in these Terms of Service.
  • We reserve the right to revise, amend, or adjust these terms of service.
  • You will become subject to all of our Policies, Terms of Service, Terms & Conditions and Associated Documents that were in force at the time that you ordered services from us or your last billing cycle, whichever is most recent, unless the changes are required to be made by relevant Governing Bodies, the Law, Governmental Authority, in which case it will apply to all services from the point of amendment.
  • It is your responsibility to regularly review these Terms of Service and all our other Policies, Terms and Conditions.
  • You will be deemed to have agreed to all our other Policies, Terms of Service, Terms and Conditions, Associated Documents and any amendments, alterations, adjustments or addition, if you continue to use our services past your next billing cycle or renewal date.
  • No variation of these Terms of Service shall be valid unless it is, in writing, issued by us, stored on our system, and signed by our CEO.