Cookies
The Website uses cookies. Cookies are small text files which identify your computer to our server as a unique user when you visit certain pages on the Website and they are stored by your Internet browser on your computer’s hard drive. Cookies can be used to recognise your Internet Protocol address, saving you time while you are on the Website.

We only use cookies for your convenience in using the Website and not for obtaining or using any other information about you (for example targeted advertising). Your browser can be set to not accept cookies, but this would restrict your use of the Website.

If you want to find out more information about cookies, go to http://www.allaboutcookies.org or to find out about removing them from your browser, go to http://www.allaboutcookies.org/manage-cookies/index.html.

Please note that we collect data from the Website about the use of the Website using a web analysis tool which uses cookies that are (able to be) used to generate pseudonyms for a user’s profile. This means that use cookies (which may be stored on your computer after you leave the Website) can store information about your visit.

Please also note that our suppliers and partners may also use cookies, over which we have no control.

Here are the Cookies used by our Client Area

  • Session cookies – these expire when you close your browser and do not remain on your computer.
  • Persistent cookies – these are stored long term on your computer for a period specified in the code.

Below is an explanation of all the cookies created by the WHMCS client area, which type they are, and what purpose each serves.

  • PHPSESSID – Probably the most common cookie that most PHP based websites will use. This is used to store the unique session ID for each visitor and enables variables to be remembered and passed between page loads. This is a session only cookie so expires as soon as the browser is closed.
  • WHMCSAffiliateID – This cookie gets set when a customer is referred to you via an affiliate. It simply stores the ID of the affiliate that referred them, so that if an order is placed within the next 90 days following the referral, the affiliate gets credited for it. It is a persistent cookie.
  • WHMCSLinkID – This cookie gets set only if you use the link tracking feature of WHMCS (Utilities > Link Tracking). It remembers the link the visitor followed to first get to your website and is then used when an order is placed to be able to associate the conversion with a link to be able to provide stats on the effectiveness of your links. It is a persistent cookie.
  • WHMCSUID/WHMCSPW – These 2 cookies are used for the remember me functionality of the client area. They only get set should a client choose to have their details remembered so they don’t have to re-login every time they visit your website. They are persistent and last for 365 days, or until logout.

  • _GID and _GA – These Cookies are part of Google Analytics

  • sc_is_visitor_unique – This cookie is used by Statcounter.com which allows us to see how many hits we have on our site and also how they got to our site and what area and country they have come from

  • ocn_accepted – This cookie is to show that you have accepted our cookie policy

Where we store your personal data
All information you provide to us is stored on our secure servers. We use industry standard security and firewalls on our servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping that password confidential. We ask you not to share a password with anyone.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

PARTIES

1 uBeHosted Ltd incorporated and registered in England and Scotland with company number 11000953 whose registered office is at
International House, 12 Constance Street, London, E16 2DQ (“Us” or “We” or “Our“);

2 The individual or organisation applying for the provision of the Goods or Services (“You“).

BACKGROUND

(A) We are in the business of providing voice over internet protocol services, web hosting solutions, and wish these terms and conditions to apply to Our provision of Goods and/or Services.
(B) These terms and conditions together with the Customer Order Form embody the whole agreement between the parties (the “Conditions“).

Table of Contents

  1. 1. Interpretation
  2. 2. Changes to the Conditions
  3. 3. Terms for Consumers
  4. 4. Security
  5. 5. Services
  6. 6. Your obligations
  7. 7. Restrictions
  8. 8. Data
  9. 9. Personal Data
  10. 10. Limitation of liability
  11. 11. Indemnity
  12. 12. Payment
  13. 13. Termination
  14. 14. Confidentiality
  15. 15. Notices
  16. 16. General
  17. 17. Choice of law
  18. 18. Refund policy
  19. 19. Force majeure

Agreed terms

1 Interpretation

1.1 The definitions and rules of interpretation in this clause apply in these Conditions:
1.1.1 “Acceptable Use Policy” means Our guidelines for acceptable use made available on our Acceptable use Policy tab above which may be amended from time to time;
1.1.2 “Commencement Date” means the date on which a Customer Order Form is submitted by You to Us via our Website;
1.1.3 “Customer Order Form” means the order form on Our Website completed by You for the supply of Goods and/or Services;
1.1.4 “Data” includes information, documents, text, software, music, sound, photographs, messages, and other material of any kind in any form;
1.1.5 “Goods” means the goods described on the Website and which We agree to sell to You as requested by You in the Customer Order Form;
1.1.6 “Internet” means the global data network comprising interconnected networks to which We are connected and provide access to You via the Services;
1.1.7 “Personal Data” means Data about any identified or identifiable living person;
1.1.8 “Registry” means either Nominet UK Limited, CentralNIC Limited or Tucows Inc, or any other domain names registry that We choose to use from time to time;
1.1.9 “Regulations” means the Consumer Protection (Distance Selling) Regulations 2000 (as amended);
1.1.10 “Services” means the services described on the Website and which We agree to provide to You as requested by You in the Customer Order Form; and
1.1.11 “Website” means Our web presence at https://ubehosted.uk and other locations We advertise from time to time.
1.2 We explain in the headings what each clause covers. These headings are for guidance only and are not intended to be legally binding.
1.3 These Conditions take precedence if inconsistent with the material on Our Website.

2 Changes to the Conditions

2.1 We reserve the right on giving prior notice on the Website to alter these Conditions at any time (including altering Our Acceptable Use Policy and other policies).
2.2 We will give You at least forty-five (45) days notice of such alteration which shall take effect at the end of the forty-five (45) day period.
2.3 Where We have given You notice of an alteration to the Conditions which may have a material adverse effect on You, You shall be entitled to terminate these Conditions by giving Us no less than thirty (30) days prior notice in writing to that effect provided that the thirty (30) day notice period given by You must have expired before the modification to the Conditions has taken effect.
2.4 Any renewal of the Services will, in any event, be subject to Our then current Conditions.

3 Terms for Consumers

3.1 This clause 3 applies only if You are a “Consumer“, which for the purposes of these Conditions shall mean any natural person who is acting for purposes that are outside his or her trade, profession or business.
3.2 For the purposes of this clause 3 and the Regulations:
3.2.1 We are “the Supplier“;
3.2.2 the address of the Supplier shall be the correspondence address as set out in clause 3.6 below;
3.2.3 prices on the Website are updated periodically and cannot be guaranteed for any period of time and every effort is made to ensure prices are correct at the point at which the Consumer places an order;
3.2.4 any complaints should be sent in writing to the Supplier’s correspondence address; and
3.2.5 the Supplier will provide the Consumer with a written confirmation (by post or by email) of order following the purchase of Goods or Services.
3.3 A Consumer will, subject to any exceptions or exclusions set out in the Regulations, be entitled to cancel these Conditions by serving a written notice of cancellation on Us at any time during the following periods:
3.3.1 In the case of Goods, within seven working days after the day on which the Consumer receives the Goods, and in accordance with clause 20 (Refund and RMA policy); or
3.3.2 In the case of Services, within seven working days after the date the Commencement Date, being the date the Consumer enters into a contract with the Supplier, and in accordance with clause 20 (Refund and RMA policy).
3.4 In the event of cancellation by the Consumer, Goods should be returned to the Supplier’s correspondence address. The Consumer will be liable for the costs of returning such Goods or the costs of the Supplier in recovering such Goods unless the Consumer has a right to reject the Goods under a term of these Conditions or under the statutory right (including any right under the Unfair Terms in Consumer Contract Regulations).
3.5 The Services will commence immediately after the Commencement Date.
3.6 You can contact us by post at uBeHosted Ltd, International House, 12 Constance Street, London, E16 2DQ
or via our contact form located here (This is the best option)

4 Security

4.1 You must:
4.1.1 keep Your username and password secure (We will not disclose Your username and password to any third parties, but may change your password at any time for good reason);
4.1.2 if requested use Your username and password when giving instructions (and We are authorised to comply with instructions containing Your username and password);
4.1.3 take reasonable steps in respect of matters in Your control to minimize any risk of security breaches in connection with the Services and take responsibility for all users of the Services using your username and password;
4.1.4 notify Us of any unauthorised access to Your account which You believe may affect the overall security of Our systems; and
4.1.5 comply with Our security checks.

5 Services

5.1 We will supply the Services with reasonable skill and care.
5.2 However, We do not warrant or represent:
5.2.1 that the Services will be uninterrupted, secure or error-free; or
5.2.2 that any Data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all.
5.3 We do not provide a back-up of Your Data or guarantee the integrity of Your Data, however, We will use Our reasonable endeavours to provide copies of Data for disaster recovery purposes.
5.4 We may have to suspend the Services:
5.4.1 for repair, maintenance or improvement;
5.4.2 to comply with a request or order from a governmental or administrative authority or emergency service;
5.4.3 in the event of problems with the broadband network either at Your premises or in the public Internet Protocol environment;
5.4.4 if We have a reasonable belief that suspension is necessary to prevent fraud or unauthorised access taking place; or
5.4.5 if You fail to pay any outstanding fees within 14 days of the due date If so, We will restore the Services as quickly as is reasonably possible, other than in the case of failure by You to pay any outstanding fees.
5.5 By purchasing our Services You confirm that You understand that Our Services:
5.5.1 may sometimes be unavailable as a result of things over which We have no control, for example, the weather, power disruptions, or failures of your internet service provider (ISP) or broadband connection and you understand that in such circumstances all services will be unavailable.

6 Your obligations

6.1 You must comply with Our reasonable instructions and requests concerning the Services.
6.2 You must provide Us with up to date contact details of one or two named representatives with whom We are authorised to deal (including email addresses) and promptly notify Us of any changes. We rely on this information for various reasons including the transmission of renewal notices and other important information concerning the Services.
6.3 You must comply with Our Acceptable Use Policy (Which is on the Tab Above) and bring it to the attention of Your authorised users.
6.4 You are responsible for all persons who use Your username and password to access the Services, whether authorised or not unless acting on Our behalf.
6.5 There is a risk that Data generated, stored, transmitted or used via or in connection with the Services may be irretrievably damaged or lost if there is a fault or on suspension or termination.
6.6 You shall be responsible for arranging the internet connection required by the Services. Our Services are dependent on your connection to the data network and the data network itself. Our Services may, therefore, cease to function if there is a power failure or a failure in the underlying data network.
6.7 If the Services are to be used principally at a single, fixed location, You must register with Us the address of the place where the service will be used.

7 Restrictions

7.1 You must refrain from transferring any illegal material or engage in unlawful activities via Your use of the Services.
7.2 You must refrain from sending menacing, offensive, defamatory, obscene, indecent or abusive messages or telephone calls whilst using the Services.
7.3 You must not use or permit the usage of the Services in a manner that is inconsistent with any and all applicable laws and regulations.
7.4 You must not make available or upload Data via Your use of the Services that contain a virus, worm, trojan or other malicious Data or download any disabling or harmful devices.
7.5 You must not use the Services to send bulk unsolicited commercial emails or telephone calls.
7.6 You warrant that Your use of the Services will not infringe any third party intellectual property or other rights.
7.7 You must not embark on any course of action, whether by use of Your website, telephone or any other means, which may cause a disproportionate level of activity (for example, causing mail bombs, denial of service attacks or encouraging large numbers of inbound phone calls) without providing Us at least seven day’s prior notice in writing. If You give notice or We otherwise become aware of such disproportionate use We may:
7.7.1 move Your service to a dedicated service and charge Our then current rate as detailed on Our Website; or
7.7.2 terminate some or all of the Services forthwith.

8 Data

8.1 We may access, copy, preserve, disclose, remove, suspend or delete any Data:
8.1.1 if We are required to do so by applicable law or competent authority;
8.1.2 for the purposes of registration of domain names with a Registry;
8.1.3 if it is otherwise permitted under these Conditions; or
8.1.4 if such Data is prohibited under these Conditions.

9 Personal Data

9.1 We will process Your Personal Data only in compliance with Our privacy policy, which is available at Acceptable use Policy (on the Tab above)
9.2 You consent to such processing and confirm that You have shown Our privacy policy to, and obtained similar consent from, any third party individuals whose Personal Data You have supplied to Us and will continue to do so in the future.

10 Limitation of liability

10.1 Nothing in these Conditions in any way excludes or restricts Our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be restricted. Nor does it affect consumers’ statutory rights.
10.2 Our liability in contract, tort (including negligence) or otherwise in connection with the Services provided under these Conditions for any one event or a series of events is limited to the price of the Services, or 125% of the payment We received from You for the Services in the 12 months before the event(s) complained of.
10.3 In no event (including Our own negligence), and even if We have been advised of the possibility of such losses, will We be liable for any:
10.3.1 economic loss (including, without limitation, loss of revenue, profit, contract, business or anticipated savings);
10.3.2 loss of goodwill or reputation;
10.3.3 special, indirect or consequential loss; or
10.3.4 damage to or loss of Data.
10.4 We have no liability for goods or services provided by third parties.
10.5 To the extent allowed by law, We exclude all conditions, terms, representations and warranties, whether imposed by statute or by law or otherwise, that are not expressly stated in these Conditions including, without limit, the implied warranties of satisfactory quality and fitness for a particular purpose. Consumers’ statutory rights are unaffected.

11 Indemnity

You will indemnify Us against all claims, damages, liabilities, costs (including reasonable legal fees) directly or indirectly related to use of the Services and/or Goods in breach of clause 4 or clause 7 of these Conditions.

12 Payment

12.1 You must pay the fees (together with VAT and any applicable taxes) specified on Our Customer Order Form when You order or renew any Services.
12.2 Payment for services may be made:
12.2.1 by credit card or debit card using PayPal or Stripe or Bank Transfer; and
12.2.2 in advance or, if We agree to credit terms, within 14 days of Our invoice.
12.3 Payment for the Services may be made:
12.3.1 monthly or annually, by Paypal, credit card or debit card;
12.3.2 annually by PayPal, credit card or debit card; or
12.3.3 in advance or, if We agree to credit terms, within 14 days of Our invoice.
12.4 Payment must be made without deduction or set-off.
12.5 All fees are non-refundable unless otherwise stated.
12.6 All fees remain payable where We suspend the Services in accordance with these Conditions.
12.7 We may impose a credit limit on Your account and/or require a deposit as security for paying bills.
12.8 In addition to any other rights under these Conditions We may charge You interest on any overdue fees from the date payment is due until the fees are paid in full at a rate of 10% over the prevailing monthly Bank of England base lending rate.
12.9 If a Payment collection fails and We have a credit card or debit card on file, then payment will be collected using that credit card or debit card.

13 Termination

13.1 All Services paid for either annually, semi-annually, quarterly, or monthly will be subject to initial contract period, commencing on the Commencement Date, and unless You are a Consumer as defined in clause 3, shall continue thereafter on a rolling basis unless and until terminated in accordance with clause 14.2 and/or 14.3.
13.2 Subject to clause 14.1, either party may terminate these Conditions (as regards some or all of the Services) at any time for any reason by giving a written notice.
13.3 We may terminate these Conditions (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice:
13.3.1 if You breach any the terms and obligations under these Conditions and, if remediable, having received from us a written notice stating the intention to terminate these conditions if not remedied, fail to remedy the breach within 14 days;
13.3.2 if You are subject to a resolution for winding up or a petition for bankruptcy or liquidation or there is a proposal or You enter into any arrangement or composition with Your or for Your creditors or a receiver or liquidator or trustee in bankruptcy is appointed over You or any of Your assets or any similar circumstances;
13.3.3 if We are required to do so by a competent or regulatory authority;
13.3.4 If any supplier to us of the relevant Services, or a component of the relevant Services from, terminate our contract with that supplier;
13.3.5 You fail to pay any fees due under these Conditions after receiving fourteen (14) days written notice from Us; or
13.3.6 a regulatory approval required by Us to provide the Services and/or Goods is revoked or amended and not replaced by an equivalent approval.
13.4 On termination of this agreement or suspension of Services for any reason:
13.4.1 We will immediately stop supplying, and will terminate access to, the relevant Services and shall not be liable for any further supply of the Services. This may involve irretrievable damage to or loss of Data generated, stored, transmitted or used via or in connection with the Services and/or We may destroy any such Data;
13.4.2 all licences granted by Us to You will terminate;
13.4.3 any fees due remain payable and, if already paid, will be non-refundable unless You have cancelled these Conditions in accordance with clause 3.1;
13.4.4 Your accrued rights and liabilities will be unaffected; and
13.4.5 clause 15 (Confidentiality) of these Conditions shall continue in force.

14 Confidentiality

14.1 Both parties agree not to disclose any Confidential Data received from the other party for any purpose apart from the proper performance of these Conditions unless ordered to do so by law. If Confidential Data if disclosed or transferred to third parties for the purpose of proper performance of these Conditions such disclosure or transfer shall be subject to legally compliant onward transfer agreements. “Confidential Data” means Data identified as, or which clearly is, confidential.
14.2 This clause does not apply to Data which:
14.2.1 enters the public domain other than through breach of this clause;
14.2.2 is or becomes independently known to the receiving party free from any confidentiality restriction;
14.2.3 is required to be disclosed by applicable law or competent authority;
14.2.4 is reasonably disclosed to employees, suppliers or others for the proper performance of these Conditions;
14.2.5 is reasonably disclosed to professional advisers; or
14.2.6 We are otherwise permitted to disclose in accordance with these Conditions.
14.3 You agree to promptly provide Us (free of charge) with any information We may reasonably require to enable Us to activate and provide the Services and/or Goods.

15 Notices

15.1 You should send any notices under these Conditions to the correspondence address, fax or email address given at the top of these Conditions.
15.2 We shall send any notices in accordance with the most recent contact information which You have provided to Us.
15.3 Notices may be sent by hand, recorded delivery, fax or email and shall be deemed to be received:
15.3.1 by hand, when delivered provided handed to a senior employee;
15.3.2 recorded delivery, five days after posting;
15.3.3 fax, when the sender receives an error-free transmission report; or
15.3.4 email, on the day, sent unless the contrary is proved.
15.4 Refunds will be given within the 30 days of your purchase date on products listed here, Personal Web hosting and Business Web Hosting and Reseller Packages, All other cloud services are on a 1-month rolling contract

16 General

16.1 These Conditions represent the entire agreement of the parties relating to its subject matter. These Conditions supersede all prior agreements and representations (unless fraudulent). No party shall have any right of action (except in the case of fraud) against any other party to this Agreement arising out of or in connection with any Pre-contractual Statement except to the extent that such Pre-contractual Statement is repeated in these Conditions. The parties agree that, to the fullest extent permitted by law (save in the case of fraud), any rights or remedies available under the Misrepresentation Act 1967 shall be excluded. We are not bound by, nor should You rely on, any oral representations or representations by any agent or employee of any third party You may use to apply for the Services.
16.2 If any part of these Conditions is deemed void for any reason, the offending words shall be deemed deleted and the remainder shall continue in full force.
16.3 You may not assign these Conditions or subcontractor resell any of the Services without Our prior written consent. We may assign, subcontract or otherwise deal with all or any of Our rights and obligations arising under these Conditions.
16.4 We shall not be liable for failure to perform or delay in performing any obligation under these Conditions if the failure or delay is caused by any circumstances beyond Our reasonable control, including but not limited to failure of any communications, telecommunications or computer system.
16.5 No firm, person or company which is not a party to these Conditions shall have any right to enforce any provision of these Conditions.
16.6 The failure to exercise or delay in exercising a right or remedy under these Conditions shall not constitute a waiver of the right or remedy.
16.7 Nothing in these Conditions shall be construed as creating a partnership or joint venture of any kind between the parties.

17 Choice of law

17.1 These terms will be governed by English Law and subject to the exclusive jurisdiction of the courts of England.
17.2 If any dispute arises in connection with these Conditions, the parties will attempt to settle it by mediation in accordance with the Communications and Internet Services Adjudication Scheme (CISAS) (“ADR Scheme”). You can approach the ADR Scheme once You have exhausted the complaints procedure set out in Our Code of Practice. Alternatively, You can approach the ADR Scheme if Your complaint has been ongoing for over 8 weeks. We will abide by any decision made under the ADR Scheme. You are not bound by any decision made under the ADR Scheme and participation in the ADR Scheme by You will not prevent You commencing court proceedings.

18 Refund policy

If you have changed Your mind about any Services ordered, and You wish to cancel them, You can do so provided You inform Us of Your decision in accordance with clause 15.4 (Notices).

19 Force majeure

Neither party will be obliged to carry out any obligation under these Conditions where performance of such obligation is prevented due to any cause beyond the first party’s reasonable control including but not limited to any act of God, severe weather, failure or shortage of power supplies, flood, lightning or fire, labour shortage or labour dispute, the act or omission of Government, highways authorities, other telecommunications operators or administrations or other competent authority, or a similar type of force majeure event.

Words defined in our Standard Terms and Conditions shall have the same meaning in this acceptable use policy.

Prohibited uses

You may use our site or the services we provide only for lawful purposes. You may not use our site or services:

• In any way that breaches any applicable local, national or international law or regulation;
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• For the purpose of harming or attempting to harm minors in any way;
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• To send, knowingly receive, upload, download, use or re-use any material which: • is defamatory of any person;
• is obscene, offensive, hateful or inflammatory;
• promotes sexually explicit material;
• promotes violence;
• promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringes any copyright, database right, trademark or another intellectual property right of any other person;
• is likely to deceive any person;
• is made in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence;
• promotes any illegal activity;
• is threatening, abusive or invades another’s privacy, or causes annoyance, inconvenience or needless anxiety;
• is likely to harass, upset, embarrass, alarm or annoy any other person;
• advertises for sale substances that are legal in law but are known to be abused;
• is used to impersonate any person, or to misrepresent your identity or affiliation with any person, or gives the impression that it emanates from us if this is not the case.

You also agree not to access without authority, interfere with, damage or disrupt:

• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

You may not register for an account with us or sign up or use our services for the purposes of testing or vetting security measures in any way or format without our express written consent to do so.

Resource usage

The purpose of the web hosting space provided is for use with web hosting and all files uploaded or stored must comply with this requirement and be visible and accessible to end users visiting the website or domain.

Web Hosting and WordPress Hosting plans are designed to host most personal, small business and organization websites, and so we offer unlimited bandwidth and some plans offer unlimited disk space and websites. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the operation of your website, provided it complies with this acceptable usage policy and our terms and conditions of service.

Web Hosting and WordPress hosting plans, to include plans classed as unlimited shall be subject to the following limits:

Hosting plans which are advertised and/or sold as WordPress Hosting plans are provided on systems specifically optimised for WordPress hosting and so may only be used to host a WordPress site. Should the hosting plan be found to host or contain a non-WordPress website and/or content a warning may be issued and you will be required to remove the non-WordPress content or you may be required to change to an appropriate hosting plan should this continue.

In the event the bandwidth, number of websites or disk space usage is reached you may be required to upgrade to a larger hosting package

Website Content

The web hosting space will not be used as a file storage method for purposes other than serving content for your website and in any event, may not contain the following content;

• Warez’ content or content commonly known to be pirated or illegal copies of software or other works;
• MP3’s or other audio formats of copyrighted music;
• Movie downloads in any format whether complete or in part;
• Pornographic material;
• Any content that is illegal under UK or European law;
• Image hosting scripts that allow an anonymous user to upload an image for display on another website;
• Banner advertising services for display on other websites or devices (commercial banner advertisement rotation);
• File dump/mirror scripts that allow anonymous users to upload a file for others to download;
• Commercial audio streaming (more than one or two streams);
• Push button mail scripts that allow the end user to specify recipient email addresses;
• Anonymous or bulk SMS gateways;
• Backups of content from a computer or website;
• Bittorrent trackers
• Any script that causes a degradation in the performance of our server or network environment;

We reserve the right to serve notice to suspend service, suspend service, or remove any files which do not comply with these rules

Standard email services supplied with shared hosting and email only hosting packages.

Our hosting packages, also encompassing our email only hosting plans, are provided with email services and facilities. The maximum permissible emails that can be sent out in any single hour is 300 from a domain. We do not provide catch all mailboxes as these are commonly spam magnets. all emails from deleted items will be deleted at 15 days age, Sent Items at 30 days age, inbox 365 days and spam folder 7 days. however, these default settings can be changed. Each email sent must have 40 or less recipients. The total email allowance per domain name is 1024mb. this means all mailbox’s together must not exceed 1024mb, however, we can increase this to 2048mb if proven more space is needed, this is on a per domain basis. Whilst our standard email services as supplied with our shared and reseller hosting plan are typically of high quality and features we do not warrant them in any way.

Note – these limits and policies do not apply to our Microsoft Exchange hosting service. Customers requiring higher limits and policies or a business class email service should purchase our Microsoft Exchange hosting service.

Mass Mailing

Mass mailing is not allowed on uBeHosted hosting packages. Anyone who sends mass mail and is found to have caused problems affecting uBeHosted mail servers or IP reputation will be subject to a fine and have their domain and service suspended.

Any user who by their action or inaction and who’s services are found to be sending spam emails will be levied a fine of £90.00 to cover uBeHosted time in performing any clean-up action required to our mail servers. Any user who by their action or inaction and who’s service causes IP blacklistings may be given a fine of up to £200.00. Any user who by their action or inaction and who’s services result in complaints from other companies, for example spamcop, aol, yahoo etc. may be given a fine of not less than £90.00 to cover administration fee’s for uBeHosted time.

Databases

Any customer who’s database service usage results in excessively high server resource utilisation to the detriment of service or to our other customers will have their database suspended pending remedial action. The onus is on the customer to monitor database space usage and take action to ensure they do not exceed their database limits. We expect that any databases will be in use with a website and will be maintained. There should be no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any service found to exceed storage limits may result in the suspension of services.

Where this occurs we will unsuspend services on request providing that remedial action is taken by the customer to return the services back within limits. Should such action not be taken as required and a further suspension be made an administration fee of £35.00 may be levied for our time. Where overuse occurs we reserve the right to charge for space used over and above allowances in order to prevent future suspensions or to charge for future unsuspensions at the rate of £35.00 per instance.

Proxy Services

Proxy services are often used to hide the originating users true IP address or location. Unfortunately this presents us with a number of issues relating to our obligations relating to security, finance and taxation and so accessing our services via proxy services is expressly prohibited. Where we find proxy services have been used to sign up for an account or to otherwise disguise the location of the account holder we reserve the right to terminate any accounts and services used in this manner without notice.

Personal Conduct

We will always do our best to be respectful and in our dealings with you, by email or by phone, treat you in the manner in which we ourselves would expect to be treated. We fully expect that our customers will treat us the same way.

That can be a challenge sometimes for both parties as we recognise that things can sometimes get frustrating. Computers do have errors (often caused by humans) and humans also make mistakes from time to time. Whether those computers or humans are either yours or ours, we expect that both parties will remain calm and deal with any issues that occur professionally.

On rare occasions, a customer will become threatening or abusive. This can manifest itself in the use of all capitals in email (considered in general internet terms as shouting) or the use of abusive language. On the phone, this includes shouting and abusive language.

On such occasions, we reserve the right not to answer the email or to hang up. We don’t need any abuse (the job can be challenging enough) and simply won’t tolerate it. If a customer feels the need, do as we do – leave your desk and go for a walk. Breath. Talk to somebody and vent if you need to – just not at us.

Suspension and termination

We will determine, in our sole discretion, whether you have breached this acceptable use policy. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of our Standard Terms and Conditions and, in addition to our rights contained therein, may result in our taking all or any of the following additional actions:

• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against you;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Complaints procedure

If you have a complaint then there are ways in which you can address them.

Your first port of call is an email to support@ubehosted.uk with full details of your complaint. You should make sure you provide as much detail as possible including a timeline of events if applicable, the details of any of our team that you have dealt with, any relevant trouble ticket numbers and the time and date of any phone calls. In short, as much information as you can to help us conduct a thorough review of your complaint.

The complaint will be received and reviewed by a manager who will consider all of the information available and who may contact you to ask further questions if appropriate.

We will do everything we can to deal with any complaint raised and if we can find a way to resolve any issue to your satisfaction we will.

Sometimes things just don’t work out.

Although we try our best, and although we know both ourselves and our customers have the best intentions at heart, things might get to a point where they are not working out for either party.

It may be that you just cannot understand our systems or processes or perhaps you can’t understand how to use things. It may be that we, try as we might, cannot satisfy your requirements.

Just as you can leave or choose not to renew your services with us without giving a reason we may decide that in everyone’s best interest and to avoid further anguish we will not renew your service with us.

Of course, we really hope and will try our best to ensure that things don’t get to that stage, however, if they do, we’ll be sure to give you at least a months notice to give you a chance to make alternative arrangements.

Changes to our acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you and form part of your contract with us. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

This Privacy and Cookies Policy (together with our Terms and Conditions and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read this Privacy and Cookies Policy carefully to understand our views and practices regarding your personal data and how we will treat it.

We will only use your personal data in the manner set out in this Privacy and Cookies Policy. We will only use your personal data in a way that is fair to you. We will only collect personal data where it is necessary for us to do so and where it is relevant to our dealings with you. We will only keep your personal data for as long as it is relevant to the purpose for which it was collected or for as long as we are required to keep it by law.

For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is uBeHosted Ltd, a sole trading entity in England and Wales.

Changes to the privacy notice and your duty to inform us of changes

This version was last updated on 19th May 2018

The data protection law in the UK will change on 25th May 2018.

Although this privacy notice sets out most of your rights under the new laws, we may not yet be able to respond to some of your requests (for example, a request for the transfer of your personal data) until May 2018 as we are still working towards getting our systems ready for some of these changes.

It is important that the personal data we hold about you is accurate and current.

Please keep us informed if your personal data changes during your relationship with us.

Information we collect from you

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our website, products and services.

This includes information provided at the time of registering to use the Website.
Information that you provide by filling in forms on the Website. This includes information provided at the time of subscribing to our services or requesting further services. We may also ask you for information when you report a problem with the Website or any other service.
If you contact us, we may keep a record of that correspondence.
You should only submit to us or the Website information which is accurate and not misleading. You should keep that information up-to-date and let us know if any of that information changes by emailing us at support@ubehosted.uk. By submitting your or anyone else’s data to us or the Website, you must ensure that you have full authority and consent to supply us with that data on their behalf and you warrant to us that you have that authority.

We also collect, use Aggregated Data such as statistical or demographic data for any purpose.

Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity.

For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.

However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services).

In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

Third-party links

This website may include links to third-party websites, plug-ins and applications.

Clicking on those links or enabling those connections may allow third parties to collect or share data about you.

We do not control these third-party websites and are not responsible for their privacy statements.

When you leave our website, we encourage you to read the privacy notice of every website you visit

How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise.This includes personal data you provide when you:
    • apply for our products or services;
    • create an account on our website;
    • subscribe to our service or publications;
    • request marketing to be sent to you;
    • enter a competition, promotion or survey; or
    • give us some feedback.
  • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
  • We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  • Technical Data from the following parties:
    (a) analytics providers;
    (b) affiliate network providers;
    (c) advertising networks; and
    (d) search information providers.
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
  • Identity and Contact Data from data brokers or aggregators.
  • Identity and Contact Data from publicly available sources.

IP addresses
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users’ browsing actions and patterns and does not identify any individual.

Cookies
The Website uses cookies. Cookies are small text files which identify your computer to our server as a unique user when you visit certain pages on the Website and they are stored by your Internet browser on your computer’s hard drive. Cookies can be used to recognise your Internet Protocol address, saving you time while you are on the Website.

We only use cookies for your convenience in using the Website and not for obtaining or using any other information about you (for example targeted advertising). Your browser can be set to not accept cookies, but this would restrict your use of the Website.

If you want to find out more information about cookies, go to http://www.allaboutcookies.org or to find out about removing them from your browser, go to http://www.allaboutcookies.org/manage-cookies/index.html.

Please note that we collect data from the Website about the use of the Website using a web analysis tool which uses cookies that are (able to be) used to generate pseudonyms for a user’s profile. This means that use cookies (which may be stored on your computer after you leave the Website) can store information about your visit.

Please also note that our suppliers and partners may also use cookies, over which we have no control.

Here are the Cookies used by our Client Area

  • Session cookies – these expire when you close your browser and do not remain on your computer.
  • Persistent cookies – these are stored long term on your computer for a period specified in the code.

Below is an explanation of all the cookies created by the WHMCS client area, which type they are, and what purpose each serves.

  • PHPSESSID – Probably the most common cookie that most PHP based websites will use. This is used to store the unique session ID for each visitor and enables variables to be remembered and passed between page loads. This is a session only cookie so expires as soon as the browser is closed.
  • WHMCSAffiliateID – This cookie gets set when a customer is referred to you via an affiliate. It simply stores the ID of the affiliate that referred them, so that if an order is placed within the next 90 days following the referral, the affiliate gets credited for it. It is a persistent cookie.
  • WHMCSLinkID – This cookie gets set only if you use the link tracking feature of WHMCS (Utilities > Link Tracking). It remembers the link the visitor followed to first get to your website and is then used when an order is placed to be able to associate the conversion with a link to be able to provide stats on the effectiveness of your links. It is a persistent cookie.
  • WHMCSUID/WHMCSPW – These 2 cookies are used for the remember me functionality of the client area. They only get set should a client choose to have their details remembered so they don’t have to re-login every time they visit your website. They are persistent and last for 365 days, or until logout.

Where we store your personal data
All information you provide to us is stored on our secure servers. We use industry standard security and firewalls on our servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping that password confidential. We ask you not to share a password with anyone.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

How we use your personal data

We will only use your personal data when the law allows us to.

Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other than to respond to an enquiry you make to us via our website whereby making the enquiry you consent to us using any personal data provided for the purposes of dealing with and responding to that enquiry, or in relation to sending third-party direct marketing communications to you via email or text message.

You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We only collect your personal data to be able to perform a contract with you and provide you with a service that you have purchased through us, or when leaving feedback or raising a support ticket, there is no other reason for uBeHosted Ltd to collect any data from you unless it’s for one of these services.

If you require any further information you can contact us.

Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes:

  • External Third Parties
  • Microsoft – Office 365, Hosted Exchange
  • Acronis – For Server Backups and Cloud File Sync
  • ResellerClub – For registering Domain Names

We require all third parties to respect the security of your personal data and to treat it in accordance with the law.

We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know.

They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data retention
How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law, we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for [six] years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see [Request erasure] below for further information.

In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

External Third Parties

  • Service providers acting as processors who provide IT and system administration services.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
  • External third parties who provide electronic / computing services, as listed below:
NameType of serviceData Processed
GoogleCloud based documentation software & storageOccasional instances of customer name and email address on internally-shared documents
StripePayment ProcessorCustomer name, address and card information for the purpose of payment processing.
PayPalPayment ProcessorCustomer name, address and card information for the purpose of payment processing.
Hotjar LtdVisitor Session Recording ServiceCustomer content of live chat discussion.
ResellerClubDomain Name & SSL ServicesCustomer name, address and email address.
NominetDomain Name ServicesCustomer name, address and email address.
StatCounterCloud Based Data Analytic ToolVery occasional instances of client data in the course of carrying out statistics analysis
YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

No fee

You will not have to pay a fee to access your personal data (or to exercise any of the other rights).

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

THIRD PARTIES

Security
When you make any payment to us through the Website, you must make that payment to us using PayPal or Stripe. We do not collect any payment information from you. When submitting your payment information to PayPal or Stripe, please note that PayPal and Stripe each have their own privacy policies and that we do not accept any responsibility or liability for those privacy policies. Please check those privacy policies before you submit any personal data to PayPal.

Your card details are not stored on our own servers, but remotely with our payment gateway for your security. Recurring use of cards is permitted using ‘tokenisation’.

We do not store credit card details nor do we share customer financial details with any 3rd parties.

Uses made of the information
We use information held about you in the following ways:

To ensure that content from the Website is presented in the most effective manner for you and for your computer.
To provide you with billing information in relation to the services that we may provide to you.
To manage the Website, detect fraud or Website abuses, send you information relevant to the Website and in case we have any queries.
To carry out our obligations arising from any contracts entered into between you and us.
To notify you about changes to our services.
To allow you to register for an account on the Website, which may include sending an email to you to confirm your details.
To give you a new password if you have forgotten it.
We also need to use your contact details and other information for any aspect of the Website (including, without limitation, providing customer support, preventing or investigating prohibited activity, enforcing the Terms of Use and verifying information).

We may transfer our databases containing your personal information if we sell our business or part of it to an actual or potential purchaser.

We may also disclose your details as described elsewhere in this Privacy and Cookies Policy.

Other than as set out in this Privacy and Cookies Policy, we shall NOT sell or disclose your personal data to third parties without obtaining your prior consent unless this is necessary for the purposes set out in this Privacy and Cookies Policy or unless we are required to do so by law.

Other websites
The Website may, from time to time, contain links to and from the websites of our partner networks and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Consent
By submitting data to us and using the Website, you consent to our use of your data and of anyone you represent in the manner set out in this Privacy and Cookies Policy (as amended from time to time, as described below) and you are responsible for ensuring that you have authority to consent on behalf of anyone about whom you submit data to us.

Please note that you can revoke any consent you have given us under this policy at any time by contacting us on support@ubehosted.uk and referencing this Privacy and Cookies Policy in the email subject line, using the body of the email to say what consent you are revoking.

Changes to our Privacy and Cookies Policy
Any changes we may make to this Privacy and Cookies Policy in the future will be posted on the Website and, where appropriate, notified to you by e-mail. Each time you enter the Website, you agree that the Privacy and Cookies Policy current at that time shall apply to all information held by you.

Contact
Questions, comments and requests regarding this Privacy and Cookies Policy are welcomed and should be addressed to support@ubehosted.uk.

GENERAL TERMS (these “General Terms”)

Please read these General Terms (and any relevant Schedules, as defined below) carefully as they contain important information about your rights and obligations. We recommend that you keep a copy of these General Terms (and any relevant Schedules) and that you print out these General Terms (and any relevant Schedules) from the Website (as defined below) by clicking on the “Print” icon on your browser so that you can keep them for future reference.

ABOUT US AND THESE GENERAL TERMS:
1.1 About us: “We”, “us” or “our” means uBeHosted Ltd, a sole trading entity in England and Wales.
1.2 These General Terms: These General Terms govern your submission of an order to us for our provision of services to you through the https://ubehosted.uk website (the “Website”), and your registration for an account on the Website by which you will be able to administer those services that you receive. By submitting your details to us for registration for an account on the Website, you agree to be legally bound by these General Terms and the relevant Schedules (as defined below).
1.3 The Schedules: Specific terms for our provision of particular services to you are set out here, in the form of Schedules (as defined below). If you submit an order for specific services, you agree to be legally bound by the relevant Schedules (as defined below) as well as these General Terms.
1.4 Changes to the Terms and Conditions: We reserve the right to amend the Terms and Conditions (as defined below) at any time. All amendments to the Terms and Conditions will be posted on the Website and emailed to you. If you do not like the changes we make, you can terminate this Agreement – please see Clause 13.2.1 for more information. Continued use of the Services will, however, be deemed to constitute acceptance of the new Terms and Conditions. No other terms or changes to the Terms and Conditions will be binding unless agreed in writing signed by us.
1.5 Definitions and interpretation: In this Agreement:
1.5.1 the following terms shall have the following meanings:
“Account”

has the meaning given to it in Clause 4.1;

“Agreement”

the legal and binding agreement that is in place, on the basis of these General Terms and the relevant Schedule(s), for us to provide certain services to you once you have submitted to us an Order and we have issued to you an Order Acceptance. If you make more than one Order, each Order shall, if subject to an Order Acceptance, constitute a separate “Agreement”;

“Breach of Duty”

the breach of any: (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);

“Business Customer”

you are a business customer if you enter into the Agreement and you are not a Consumer;

“Business Day”

any day other than: (i) a Saturday; (ii) a Sunday; or (iii) a day when the clearing banks in the City of London are not physically open for business;

“Business Hours”

9.00am to 5.00pm on Business Days;

“Confidential Information”

any information in any form or medium obtained by or on behalf of either Party from or on behalf of the other Party in relation to this Agreement which is expressly marked as confidential or which a reasonable person would consider to be confidential, whether disclosed or obtained before, on or after the date of this Agreement, together with any reproductions of such information or any part of it;

“Consumer”

you are a consumer if, in entering into this Agreement, you are an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession;

“Fees”

the fees payable by you to us for our provision to you of the Services, as set out in each Schedule for each relevant Service, and otherwise on the Website at the time that you submit your Order to us and confirmed in the Order Acceptance;

“Intellectual Property Rights”

copyright and related rights, trade marks and service marks, trade names and domain names, rights under licences, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, patents, rights to inventions, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

“Liability”

liability in or for breach of contract, Breach of Duty, torts (including negligence and intentional torts), deliberate breach (including deliberate personal repudiatory breach), misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and, for the purposes of this definition, all references to “this Agreement” shall be deemed to include any collateral contract);

“Material”

material that you upload (or permit to be uploaded) onto our servers as part of our provision of the Services, including any and all materials, works of authorship, software, files, multimedia and audiovisual material, tools, processes, systems, manuals, databases, database structures, a website’s “look and feel”, content, documents, records, reports, ideas, know-how, information, text, data, diagrams, artwork, screenshots, drawings, plans, descriptions, specifications, images, graphics, domain names and marks (in whatever form and on whatever media);

“Order”

the order submitted by you through the Website for the receipt of certain services from us;

“Order Acceptance”

our written communication to you in which we accept your Order in accordance with Clause 5.8;

“Order Acknowledgement”

our acknowledgement of your Order;

“Party”

either us or you, and “Parties” shall mean both of us and you;

“Schedule”

a schedule containing a specific description of particular Services to be provided by us to you;

“Services”

the services and online products that we provide to you under this Agreement, some of which may be more particularly described in the relevant Schedule(s);

“Support Services”

has the meaning given to it in Clause 8.1;

“Terms and Conditions”

these General Terms and the Schedules; and

“you” or “your”

our customer who registered for an account on the Website to submit an order to us for the receipt of services from us;

1.5.2 references to “Clauses” are to clauses of these General Terms;
1.5.3 references to “Paragraphs” are to paragraphs in a Schedule;
1.5.4 the headings are inserted for convenience only and shall not affect the interpretation or construction of these General Terms or any Schedule;
1.5.5 words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include the other gender and the neutral, and references to persons shall include an individual, company, corporation, firm or partnership;
1.5.6 reference to “written” or in “writing” includes the electronic form;
1.5.7 references to “includes”, “including”, “in particular” or “for example” or like words shall be deemed to be followed by the words “without limitation”; and
1.5.8 references to any statute or statutory provision shall include any subordinate legislation made under it, any provision which it has modified or re-enacted (whether with or without modification) and any provision which subsequently supersedes it or re-enacts it (whether with or without modification).

AGE RESTRICTION
By registering for an Account and submitting an Order, you warrant that you are at least 18 years of age.

EFFECT
3.1 Application of these General Terms: These General Terms shall apply to all Orders and to all Agreements. When you submit an Order to us, this shall always constitute your unqualified acceptance of these General Terms and the relevant Schedules. If you are a Consumer, nothing in this Agreement affects your statutory rights.
3.2 Any other terms: This Agreement shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing or orally, are expressly waived and excluded.
3.3 Entire Agreement (if you are a Business Customer): If you are a Business Customer, these General Terms, the Order Acceptance, the relevant Schedules, our Privacy and Cookies Policy and Terms of Use constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these General Terms, the Order, the relevant Schedules, our Privacy and Cookies Policy and Terms of Use.
3.4 Authority (if you are a Business Customer): You confirm that you have authority to bind any business on whose behalf you use the Website to submit an Order.
3.5 Conflict: In the event of any conflict between the provisions of these General Terms and the provisions of the Schedules and the Order Acceptance, then the following order of precedence shall apply:
3.5.1 the Order Acceptance prevails over
3.5.2 these General Terms, which prevail over
3.5.3 the Schedules.

REGISTRATION FOR AN ACCOUNT
4.1 Need for an Account: If you would like to place an Order through the Website, you will need to register for an account on the Website which you will be able to access through the “My Account” part of the Website, and by which you will be able to change the details that we hold about you and administrate the Services that we provide to you (“Account”). You may browse the Website without registering for an Account, but, to submit an Order, you must register for an Account.
4.2 If you have an Account: If you already have an Account, you can login to your Account to submit an Order.
4.3 If you do not have an Account: If you do not have an Account, to submit an Order you will need to register for an Account. To register, you need to supply us with your name, address, email address, a password and possibly some other personal information. See our Privacy and Cookies Policy for more details about this. You can provide us with that information by filling in the necessary information on the Website manually where indicated and then following the instructions on the Website.
4.4 Registering for an Account: Once you register for an Account, you will be asked to create a username and password for your Account. You may change this password by accessing your Account and following the instructions. You must keep the password confidential and immediately notify us if there is any unauthorised use of your email address or your Account or any breach of security otherwise known to you. You acknowledge that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your Account. Please note that you will be entirely responsible if you do not maintain the confidentiality of your password.
4.5 Valid email address: You must be registered for an Account with a valid email address that you access regularly, so that, amongst other things, we can send administration and information emails to you. Any Account registered with another person’s email address or with a temporary email address may be closed by us without notice. We may also require you to validate your Account at registration or if we believe that you have been using an invalid email address.
4.6 Rejection: We reserve the right to reject any registration for an Account and to refuse use of or access to the Website to anyone for any reason, at our absolute discretion.
PLACING AN ORDER AND FORMING AN AGREEMENT
5.1 Registration: Once you have registered for an Account, you will be able to place an Order.
5.2 Selection of Services: By following the instructions on the Website, you will be able to select those Services in relation to which you would like to submit an Order.
5.3 Confirming your Order: Before submitting an Order, you will be shown a webpage listing the Services you have selected together with the Fees payable for those Services. You will be given an opportunity to correct any errors in your selections prior to submitting your Order. Unless otherwise stipulated on the Website or agreed in writing by us, all Fees are payable in the currency then in force in England (i.e. currently pounds sterling).
5.4 Payment of Fees: The Fees are payable by you in advance at the intervals specified in the Order Acceptance in respect of the Services you will be receiving, and you will pay the first tranche of Fees to us in advance at the time that you submit your Order. You must pay the Fees by Paypal or Worldpay only; you must have an account with Paypal or Worldpay in order to submit an Order and you must agree to Paypal or Worldpay’s (as appropriate) terms and conditions in order to have such an account. We shall not be bound to supply any Services to you until we have received the necessary cleared funds in full.
5.5 Having sufficient funds: Paypal or Worldpay will ask you to provide details of a payment card or account, and you must be fully entitled to use that card or account. That card or account must have sufficient funds to cover the payment(s) to be made to us.
5.6 Subject to these General Terms and the Schedules: When you submit an Order to the Website, you agree that you do so subject to these General Terms and the relevant Schedules current as at the date on which you submit your Order. It is your responsibility to review the latest General Terms and the relevant Schedules each time you submit an Order.
5.7 Order is an offer only: Your Order is an offer to purchase Services from us, and it remains an offer until we issue our Order Acceptance or when we receive your notice that you would like to cancel your Order, whichever is earlier.
5.8 Accepting your Order: We shall not be obliged to provide any Services to you until we have accepted your Order for those Services. We may refuse to accept your Order for any reason (at our absolute discretion). Any Order Acknowledgement that we send to you, whether by email, letter or by any other media, is for your information only and is not an Order Acceptance. An Order Acknowledgement may contain an Order number and details of your Order. This Agreement will be formed when we accept your Order and become legally bound to provide the Services to you. Such acceptance takes place when we expressly accept your Order by sending you an Order Acceptance, whether by email, letter or any other media, which shall state that we are accepting your Order. An Order Acceptance shall take effect when it has been sent to you by us.
5.9 Invoicing: We may send you an invoice at any time after we have sent you an Order Acceptance.
5.10 Cancelling before acceptance: Until we have sent you an Order Acceptance, we reserve the right to refuse to process your Order, and you reserve the right to cancel your Order. If we or you cancel your Order before we have sent you an Order Acceptance, then we will arrange for you to be refunded any Fees that you have already paid in respect of that Order.
5.11 Mistakes in your Order: If, after submitting your Order, you realise that you have made a mistake in your Order, please contact us as soon as possible using the support ticketing system available through your Account.
PROVISION OF THE SERVICES
6.1 Activation: When we send you an Order Acceptance, we will activate the Services that are the subject of your Order. We inform you of such activation in the Order Acceptance.
6.2 Term: Following the date of the Order Acceptance, this Agreement will continue in force until otherwise terminated in accordance with this Agreement.
6.3 Services: We shall provide to you the Services that are set out in the Order Acceptance that are the subject of this Agreement. We warrant that:
6.3.1 we shall use our reasonable skill and care in providing the Services;
6.3.2 our employees, agents and subcontractors have the necessary skill to provide any Services;
6.3.3 any Services will be provided in a professional, competent and workmanlike manner;
6.3.4 we have all necessary consents, rights and permission to enter into, and perform our obligations under, this Agreement; and
6.3.5 we shall comply with all applicable laws, statutes, regulations and bye-laws in relation to the exercise of our rights and performance of our obligations under this Agreement.
6.4 No warranty: We do not warrant that the Services will meet your individual requirements. We are not responsible for any people, equipment, deliverables or services that we are not expressly stipulated to provide in this Agreement. You are responsible for any people, equipment, deliverables and services that you need to obtain from someone other than us. Except for any matter in relation to which we specifically agree in writing to advise or do, we shall not be responsible, or have any Liability (subject to Clause 18.3 or Clause 19.3 (as applicable)) for advising on, or failing to advise on, or doing, or failing to do, anything else.
6.5 “Unlimited” features: Where we say, in this Agreement or on the Website generally, that features of the Services are “unlimited”, that is always subject to:
6.5.1 fair use;
6.5.2 your use of the Services for what a reasonable person might consider to be the provision of a publicly available website;
6.5.3 Clause 7.12; and
6.5.4 your compliance with Clauses 7.2.11(e), 7.8, 7.10 and 7.11.
6.6 No guarantee: We do not warrant that the Services (including any access to your Account) will be uninterrupted, error-free or secure from unauthorised access, or that they will meet your individual requirements. Whilst we use our reasonable endeavours to make the Services available, we shall not have any Liability (subject to Clause 18.3 or Clause 19.3 (as applicable)) if for any reason the Services are unavailable for any time or for any period. We make no warranty that your access to the Services will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. However, we will use our reasonable endeavours to ensure at least a 99.9% uptime Services availability level.
6.7 Improvements: We reserve the right, at any time, to carry out repairs, maintenance or introduce new facilities and functions in respect of all or any part of the Services. If you do not like the changes we make, you may terminate this Agreement in accordance with Clause 13.2.1.
6.8 Monitoring: We will monitor our provision of the Services using our own monitoring tools. We will only rely on our own monitoring tools to assess the performance of the Services, and we will not consider or accept any results, reports or data from your monitoring tools in relation to the Services.
6.9 Timescales: We shall use our reasonable endeavours to perform our obligations under this Agreement within any timescales set out in this Agreement. However (subject to Clause 18.3 or Clause 19.3 (as applicable)), we shall not have any Liability for any delays or failures to accurately perform our obligations:
6.9.1 if we have used those endeavours; or
6.9.2 if caused by any failure or delay on your part or by any breach by you of this Agreement or any other agreement between us and you.
If there is any slippage in time, we shall use our reasonable endeavours to reschedule delayed tasks to a mutually convenient time.

6.10 Our responsibility: Except as specifically stipulated in this Agreement, we shall not be responsible for providing or achieving any particular results or outcomes or within a particular time.
6.11 Exclusions: Except where expressly stated in this Agreement, we exclude all conditions, warranties, terms and obligations, whether express or implied by statute, common law or otherwise, to the fullest extent permitted by law in respect of the Services.
6.12 Our access: Where necessary, we may need to access your Services and Material, and you acknowledge that we may make such access without informing you (subject always to our Privacy and Cookies Policy).
6.13 No warranty as to compatibility: We do not warrant that the Services will be compatible with all Material.
6.14 Third party access: You acknowledge that the servers used in the provision of the Services (including virtual private services (known as VPS servers) and physical private servers (known as dedicated servers)) may be accessible to all users of the Internet. We do not and cannot make any guarantee as to, and (subject to Clause 18.3 or Clause 19.3 (as applicable)) we shall not have any Liability in respect of, the protection or security of any information held on the servers.
6.15 Servers: We may, at our absolute discretion, from time to time either host the Services (and any Material) on our own servers or use third party suppliers to do so in whole or in part. You acknowledge that we may from time to time without prior notice and without the need for prior agreement:
6.15.1 move the hosting of the Services (and any Material) to such servers (both internal and external) as we consider appropriate, at our absolute discretion; and
6.15.2 provide reasonable additional obligations or requirements on you or reasonably restrict your rights due to the requirements of the third party suppliers.
YOUR OBLIGATIONS
7.1 Correct information: You must only submit to us or the Website information (whether Material, contact details or otherwise) which is accurate and not misleading and you must keep it up-to-date and inform us of any changes.
7.2 Your responsibilities: You must:
7.2.1 co-operate with us;
7.2.2 provide us with any information we reasonably require in respect of the Services from time to time;
7.2.3 report any faults or suspected faults with or in the Services to us immediately upon discovery;
7.2.4 report to us any abuse of the Internet (including spam, hacking and phishing) that you consider to have taken place through the use of the Services by any person, and you shall include in such report as much information as you are able to provide to us relating to the type of abuse that you have witnessed;
7.2.5 use your own login details for the Website and not impersonate any other person or adopt a false identity;
7.2.6 keep your password strictly confidential and secure, and immediately change your password if you know or suspect that any unauthorised third party becomes aware of your password or if you become aware of unauthorised use of your password or there is any other breach of security known or suspected by you;
7.2.7 maintain access to the Services through your Internet or telecoms service providers, and we are not responsible for any connections from your system to the Services;
7.2.8 license and configure any third party hardware and/or software necessary for you to remotely access and use the servers we use in the provision of the Services;
7.2.9 be responsible for ensuring that you have the knowledge and expertise necessary to access and make use of the Services;
7.2.10 ensure that all Material is suitable and prepared for use in conjunction with the Services;
7.2.11 be responsible for ensuring that, and you hereby warrant and undertake to us that, your use of the Services and any Material:
(a) does not infringe the privacy rights or Intellectual Property Rights of any third party;
(b) does not harm us or bring us or our name into disrepute;
(c) is not for the purposes of sending spam or other unsolicited emails;
(d) is not for the purposes of breaching or circumventing the security of any network or Internet user;
(e) does not impose an unreasonable or disproportionately large load on our infrastructure or the Services (whether or not the Services have “unlimited” elements, such as in relation to Internet traffic or disk usage);
(f) does not interfere with another user’s use of the Services or similar services;
(g) is not defamatory, obscene, abusive, malicious, indecent, harassing or discriminatory;
(h) conforms in all respects will all applicable laws, rules, regulations, bye-laws and codes of practice (including disability discrimination, intellectual property, privacy and data protection laws); and
(i) does not contain any material detrimental to us or any other user of the Services or similar services, including any viruses, trap doors, back doors, Trojan horses, time bombs, easter eggs, worms, cancelbots or other computer programming routines that are intended to detrimentally interfere with, damage, expropriate or surreptitiously intercept any system, data or personal information;
(j) does not permit self-stored backups, or the storage of media content such as video, gaming or other (at the discretion of management)
(k) does not permit storage of archive files, such as .zip or .tar.gz. It is within our discretion on maintenance / cleanup tasks to remove these files when necessary.
7.2.12 promptly comply with our reasonable requests from time to time in connection with this Agreement; and
7.2.13 ensure that the Services are sufficient and suitable for your purposes and meet your individual requirements.
7.3 Restrictions: You must not, whether yourself or in conjunction with anyone else:
7.3.1 manipulate Orders or transactions in ways that are unfair to us or other users of the Website and/or the Services; and
7.3.2 use or access the Website and/or the Services in contravention of any applicable law.
7.4 Warranty as to Material: You warrant that any Material is owned by you. It is your responsibility to make sure that you have all necessary rights and consents relating to your use of the Material in conjunction with the Services.
7.5 Backups: You are responsible for keeping regular and full backups of all Material. Subject to Clause 18.3 or Clause 19.3 (as applicable), we shall have no Liability for any failure by you to backup any Material. If any Material is lost or corrupted for any reason and you do not have an appropriate backup, we will not be able to help you recover that lost or corrupted Material. Accounts are excluded from our backup schedule on the basis that they exceed 3GB in storage space. This is to ensure the backup process isn’t over-consuming load and not to impact performance of a web server. If an account exceeds this limit, it is your responsibility to contact customer support to request an ‘include’ privilege.
7.6 Indemnity as to Material: You shall indemnify and hold us harmless against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach by you of Clauses 7.1, 7.2, 7.3, 7.4 or 7.5. This indemnity shall apply whether or not you have been negligent or at fault.
7.7 Insurance: You are responsible to ensure that you have in place insurance in relation to any Material, including in relation to the loss or corruption of that Material.
7.8 Data warehousing (or similar): You acknowledge that the Services and any Material may not be used for the purpose of data warehousing such as (but not limited to) storage of backup or archival data, mirror sites, or personal multimedia content such as movies, music, photos or other media.
7.9 Excess usage: We monitor use of the Services and, if we consider that, for example, your use of the Services (for example, your mailboxes, disc space usage or CPU) is excessive, we reserve the right to:
7.9.1 contact you requiring you to reduce that usage; and/or
7.9.2 in respect of mailboxes, empty your spam/junk/deleted items folder, provided we inform you by email seven days in advance.
7.10 Peer-to-peer media (including files) sharing or streaming: You acknowledge that the Services and any Material may not be used for the purpose of peer-to-peer file or media sharing, streaming, BitTorrent, Tor or other similar forms of data transmission.
7.11 Content delivery networks: You acknowledge that the Services and any Material may not be used for the purpose of providing or participating in a content delivery network.
7.12 Suspension of the Services: We reserve the right to suspend our provision of the Services to you if your use of the Services is having a detrimental impact on our other customers. This might happen if, for example, your website (in respect of which you use the Services):
7.12.1 has been hacked (such as through bugs in commonly-used software including WordPress);
7.12.2 contains malware;
7.12.3 is attacked (including by a denial of service attack); and/or
7.12.4 is badly coded.
In all of these examples, your website might use excessive resource on our servers to the detriment of our other customers’ use of the Services. Following the decision to suspend any Services, we will contact you with details of the suspension and invite you to remedy the situation if appropriate, or – for example in the case of a denial-of-service attack – when we will next review the situation. In such a situation, you are able to discuss what may be required for the Services to be reinstated by contacting us through the support ticketing system available through your Account or, if your Account is not available for any reason, by telephone on 01625 809000.

7.13 Removal of Material: We reserve the right, and have absolute discretion, but not an obligation, to remove, screen or edit any content (including Material) that breaches this Agreement or is otherwise objectionable. Without prejudice to any other provision of this Agreement, we reserve the right to immediately remove any Material to which we object and/or if you are otherwise making inappropriate use of the Services contrary to the requirements of this Agreement.

SUPPORT SERVICES
8.1 What we provide: We shall use our reasonable endeavours to correct any errors or omissions in the Services as soon as practicable during Business Hours on Business Days after receiving full and clear information on them. However, since we do not guarantee that the Services will be free from faults, we shall provide support accessed by means of a ticketing system available through your Account for you to use for us to deal with any faults and also for answering queries (“Support Services”). We shall use our reasonable endeavours to respond to a request for Support Services within a reasonable time, but we cannot guarantee any particular result or outcome nor within any particular time. In particular, without limitation, we may need to obtain support in turn from a third party that assists us with the provision of the Support Services.
8.2 Exclusions: The following are expressly excluded from the Support Services:
8.2.1 rectification of lost or corrupted Material;
8.2.2 rectification of any failure by you to take appropriate backups;
8.2.3 resolving faults or defects that arise as a result of your failure to comply with this Agreement or any other agreement between you and us; and
8.2.4 changing or updating in any way the content of any website that is the subject of this Agreement.
We may provide any of the excluded services listed in this Clause 8.2 as part of the Support Services at our absolute discretion. Subject to Clause 18.3 or Clause 19.3 (as applicable), we will not have any Liability for our provision of any of those excluded services to you.

8.3 Charges: We provide the Support Services with every Agreement as an inclusive part of the Services, at no extra charge.

RESALE OF THIRD PARTY SOFTWARE AND SERVICES
9.1 Third parties: Where the Services involve the resale by us to you of software owned, or services/products provided, by a third party, you purchase a licence to use that software and those services/products from the relevant third party, and you do so subject to the relevant third party’s software licence and/or terms and conditions, which will be made available to you on the Website; you will be directed to them on the relevant Services webpage, on our Terms and Conditions webpage and, in some instances, in a Schedule. You will receive no representations or warranties in respect of the license of such software and provision of services/products except those contained in the relevant third party’s licence and/or Terms and Conditions, and you acknowledge that the third party is able to terminate any licence and/or provision of services/products at any time.
9.2 Cost: The Fees for your purchase of a licence to third party software and/or third party services/products are dependent on the relevant third party. Any Fees set out in the Order are estimated only, and the actual amount you pay for the licence and/or the services/products is at the absolute discretion of the third party.
9.3 Support: We may provide Support Services in respect of third party software and services/products purchased through the Services. Whether we are able to provide those Support Services is dependent on the relevant third party providing appropriate support to us.
9.4 Liability: Subject to Clause 18.3 or Clause 19.3 (as applicable), we will not have any Liability for the actions of third party software and service/product providers, the software they licence, and/or services/products they provide, to you through the Services, or the availability (or otherwise) of support in respect of that software and those services/products.
FEES
10.1 Invoicing and payment: Fees will be payable by you monthly in advance, and we will invoice you monthly for the Fees payable.
10.2 Late payment: We will send you a reminder for payment following our sending of an invoice to you. However, if you have not paid any invoice within 14 days of us having sent that reminder to you, we will cancel this Agreement, and cease to provide the Services, without notice to you. It is your responsibility to make sure that any payment details you have provided to Paypal or Worldpay and the contact details you have provided to us via your Account are correct and up-to-date at all times.
10.3 Increase in Fees: We may increase any Fees at any time on notice to you of three days, with the increase taking effect from the next payment date for the Fees in accordance with Clause 10.1. If you do not accept the increase, you have the right to cancel this Agreement in accordance with Clause 13.2.1.
10.4 VAT: The price of the Services listed on the Website excludes VAT, however you will be charged VAT at the applicable current rate chargeable in the UK. If your use of the Services is for business purposes and your business is located in a country in the European Union that is not in the UK, it is your responsibility to assess and submit VAT to the appropriate authority.
DATA PROTECTION
Please see our Privacy and Cookies Policy which forms part of these General Terms.

INTELLECTUAL PROPERTY RIGHTS
What we own: You acknowledge that we own:
12.1.1 all Intellectual Property Rights in the Services and any rights arising out of any works arising in connection with them; and
12.1.2 any IP address allocated to you as part of the Services, and such IP address is not portable or transferrable to another hosting provider at any time, including in the event that this Agreement is terminated.
We grant to you a non-exclusive licence to use the Services and any such IP address to the extent necessary for you to receive the provision of the Services from us.

12.2 What you own: We acknowledge that you own all Intellectual Property Rights in the Material, where your ownership is subject to the obligations contained in this Agreement and, in particular, Clause 7. You grant to us a non-exclusive licence to use that Material to the extent necessary for us to provide the Services to you.
YOUR RIGHTS TO END THIS AGREEMENT
13.1 You can always end this Agreement: If you are a Consumer and, in some cases, if you are a Business Customer, your rights when you end this Agreement (or cancel any Service) will depend on what Services you have purchased from us, whether there is anything wrong with the Services, how we are performing and when you decide to end this Agreement (or cancel any Service):
13.1.1 if the Services are faulty or misdescribed you may have a legal right to end this Agreement (or to get the relevant Services re-performed or to get some or all of your money back), see Clause 16;
13.1.2 if you want to end this Agreement because of something we have done or have told you we are going to do, see Clause 13.2;
13.1.3 if you have just changed your mind about the Services, see Clause 13.3; you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; and
13.1.4 in all other cases (if we are not at fault and there is no right to change your mind), see Clause 13.4.
13.2 Ending this Agreement because of something we have done or are going to do: If you are ending this Agreement (or cancelling any Service) for a reason set out in Clauses 13.2.1 to 13.2.5, this Agreement (or that Service) will end immediately and we will refund you in full for the Services which have not been provided and you may also be entitled to compensation. The reasons are:
13.2.1 we have told you about an upcoming change to the Services, these General Terms (or a Schedule) or the Fees which you do not agree to (see Clauses 1.3, 6.7 and 10.3);
13.2.2 we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
13.2.3 there is a risk that supply of the Services may be significantly delayed because of an Event Outside Our Control;
13.2.4 we have suspended provision of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
13.2.5 you have a legal right to end this Agreement (or cancel that Service) because of something we have done wrong.
13.3 Exercising your right to change your mind if you are a Consumer (Consumer Contracts Regulations 2013): If you are a Consumer, you have 14 days after the day we email the Order Acceptance to you to change your mind under the Consumer Contracts Regulations 2013; however, we give you more than that, and whether you are a Business Customer or a Consumer, we give you 30 days from the day we email you the Order Acceptance in order to cancel this Agreement and receive a full refund of any amounts you have paid to us in respect of that Order Acceptance. Please note that you do not have a right to change your mind in respect of the Services listed in Clause 17.3.
13.4 Ending this Agreement where we are not at fault and there is no right to change your mind: If you do not have any other rights to end this Agreement (see Clause 13.1), you can still contact us and tell us you want to end it, or cancel any Service. This Agreement (or the relevant Service) will not end until the end of the then current calendar month in which you notify us that you want to end this Agreement (or the relevant Service). We will not refund any advance payment you have made for Services which will not be provided to you except to the extent required by law or otherwise agreed to by you.
HOW TO END THIS AGREEMENT (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
14.1 Tell us you want to end this Agreement: To end this Agreement, or any Service, please let us know by doing one of the following:
14.1.1 Phone or ticketing system: Call customer services on 01625 809000 or contact us through the support ticketing system available through your Account. Please provide your name, home address, details of the order and, where available, your phone number and email address.
14.1.2 By post: Print off the Cancellation Form and post it to us at the address on the Cancellation Form. Or simply write to us at that address, including the information required in the Cancellation Form.
14.2 How we will refund you: We will refund you any amounts owing to you for the Services by the method you used for payment.
14.3 When your refund will be made: We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
14.4 Applicability of this Clause 14: This Clause 14 shall not apply to you if you are a Business Customer.
OUR RIGHTS TO END THIS AGREEMENT
15.1 Termination by us on notice: We may terminate this Agreement, or any Service, at any time by giving to you not less than five Business Days’ notice. In the event that we terminate this Agreement, or any Service, under this Clause 15.1, we will refund to you the Fees that you have paid to us on a pro-rata basis for the period from the date of termination to the date in relation to which you have paid the Fees in advance.
15.2 We may end this Agreement if you break it: We may end this Agreement, or any Service, at any time by writing to you if you:
15.2.1 do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
15.2.2 do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
15.2.3 are in breach of any of your obligations under this Agreement;
15.2.4 are unable to pay your debts when they fall due;
15.2.5 have a petition for administration or winding up proceedings;
15.2.6 have a receiver or manager appointed over any of your property or assets;
15.2.7 are the subject of a bankruptcy petition;
15.2.8 enter into any composition with creditors generally; and/or
15.2.9 take or suffer any steps preparatory to the situations set out in Clauses 15.2.4 to 15.2.8, or if any distress or execution is levied or threatened on any of your property or assets.
15.3 Event Outside Our Control: We may terminate this Agreement in accordance with Clause 21.4.
15.4 You must compensate us if you break this Agreement: If we end this Agreement or any Service in the situations set out in Clause 15.2, we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking this Agreement.
IF THERE IS A PROBLEM WITH THE SERVICES
16.1 How to tell us about problems: If you have any questions or complaints about the Services, please contact us using the support ticketing system available through your Account.
16.2 Summary of your legal rights: We are under a legal duty to supply Services that are in conformity with this Agreement. If you are a Consumer, see the box below for a summary of your key legal rights in relation to the Services. Nothing in this Agreement will affect your legal rights if you are a Consumer. The box below does not apply if you are a Business Customer.
Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says that:

– you can ask us to repeat or fix the Services if they are not carried out with reasonable care and skill, or get some money back if we can’t fix it; and/or

– if you haven’t agreed a time beforehand for us to provide any Services, we must carry out the Services within a reasonable time.

TERMINATION
17.1 On termination: In the event that this Agreement (or any Service) is cancelled or terminated:
17.1.1 all relevant Material will be automatically deleted from our servers and, as is the case through the term of any Agreement in accordance with Clause 7.5, you are responsible for taking appropriate backups of such data and material at all times;
17.1.2 we will cease to provide any relevant Services to you; and
17.1.3 the accrued rights, remedies, obligations and liabilities of us and you as at cancellation or termination shall not be affected, including the right to claim damages for any breach of this Agreement which existed at or before the date of cancellation or termination.
17.2 Post-termination: Termination of this Agreement shall not affect the coming into force, or continuance in force, of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
17.3 Cancellation within 30 days: You may cancel any of the Services at any time within 30 days of having received the Order Acceptance and receive a full refund of any amounts you have paid to us in respect of that Order Acceptance. Such a right will not apply to:
17.3.1 any domain name or SSL certificate that has been issued to you; and/or
17.3.2 any third party software and services that have been issued to you (for example, WHMCS or Blesta licences).
To effect a cancellation in accordance with this Clause 17.3, you should contact us within 30 days of having received the Offer Acceptance by calling customer services on 01625 809000 or contacting us through the support ticketing system available through your Account.

17.4 Domain name fees: Please note that domain name registration fees that you pay to us are not refundable and the domain name will remain registered for the duration of the registration term. Once this term has expired, unless you have renewed the term, the domain name will expire. Please see the Schedule on Domain Registration Services for more information.
17.5 SSL Certificate fees: Please note that SSL Certificate fees that you pay to us are not refundable and the SSL Certificate will remain issued for the duration of the SSL Certificate term. Please see the Schedule on SSL Certificate Services for more information.
LIMITATION OF LIABILITY IF YOU ARE A CONSUMER
18.1 Applicability of this Clause 18: This Clause 18 shall not apply to you if you are a Business Customer.
18.2 If you are a Consumer: If you are a Consumer, nothing in this Agreement (including this Clause 18) affects or limits your statutory rights (including, without limitation, the right to insist that the Services shall be provided to you using reasonable skill and care).
18.3 What we do not exclude Liability for: We shall not exclude or limit our Liability for:
18.3.1 our fraud; or
18.3.2 death or personal injury caused by our Breach of Duty; or
18.3.3 any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
18.3.4 the Consumer Rights Act 2015; or
18.3.5 the Consumer Protection (Amendment) Regulations 2014; or
18.3.6 any other Liability which cannot be excluded or limited by applicable law.
18.4 What we are responsible for: If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Agreement.
18.5 Consumers only: We only provide the Services to you, as a Consumer, for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and, subject to Clause 18.3, we shall have no Liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
LIMITATION OF LIABILITY IF YOU ARE A BUSINESS CUSTOMER
19.1 Applicability of this Clause 19: This Clause 19 shall not apply to you if you are a Consumer. This Clause 19 applies only if you are a Business Customer.
19.2 What this limitation applies to: This Clause 19 prevails over all of this Agreement and sets forth our entire Liability, and your sole and exclusive remedies, in respect of:
19.2.1 performance, non-performance, purported performance, delay in performance or mis-performance of this Agreement or any services or deliverables in connection with this Agreement; or
19.2.2 otherwise in relation to this Agreement or entering into this Agreement.
19.3 What this limitation does not apply to: We shall not exclude or limit our Liability for:
19.3.1 our fraud; or
19.3.2 death or personal injury caused by our Breach of Duty; or
19.3.3 any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
19.3.4 any other Liability which cannot be excluded or limited by applicable law.
19.4 Breach of Duty excluded: Subject to Clause 19.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any Liability arising pursuant to the terms of this Agreement.
19.5 What else we are not liable for: Subject to Clause 19.3, we shall not have any Liability in respect of any:
19.5.1 indirect or consequential losses, damages, costs or expenses;
19.5.2 loss of actual or anticipated profits;
19.5.3 loss of contracts;
19.5.4 loss of use of money;
19.5.5 loss of anticipated savings;
19.5.6 loss of revenue;
19.5.7 loss of goodwill;
19.5.8 loss of reputation;
19.5.9 loss of business;
19.5.10 ex gratia payments;
19.5.11 loss of operation time;
19.5.12 loss of opportunity;
19.5.13 loss caused by the diminution in value of any asset; or
19.5.14 loss of, damage to, or corruption of, data;
whether or not such losses were reasonably foreseeable or we or our agents or contractors had been advised of the possibility of such losses being incurred. For the avoidance of doubt, Clauses 19.5.2 to 19.5.14 (inclusive) apply whether such losses are direct, indirect, consequential or otherwise.

19.6 The limitation: Subject to Clause 19.3, our total aggregate Liability arising out of or in connection with all claims in aggregate (including warranty claims and losses relating to the breach of warranty) shall be limited to the greater of:
19.6.1 110% of all amounts paid and total other sums payable, in aggregate, by you to us under this Agreement in the 12 months prior to the date on which the claim first arose; or
19.6.2 £4,000.
19.7 The effect of the limitation: The limitation of Liability under Clause 19.6 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.
19.8 Your acknowledgement: You acknowledge and accept that we only provide the Services to you on the express condition that we will not be responsible for, nor shall we have any Liability (subject to Clause 19.3) directly or indirectly for any act or omission of you or any third party.
NOTICES
20.1 Termination: This Clause 20 does not apply to termination or cancellation of this Agreement or any Services, which is dealt with elsewhere in these General Terms.
20.2 Giving a notice: Subject to Clause 20.1, any notice given to either us or you by the other under or in connection with this Agreement shall be in writing, addressed (as applicable) to us at our registered office or addressed to you at such address as you may have specified to us from time to time, and shall be delivered personally, sent by pre-paid first class post, recorded delivery or commercial courier.
20.3 When a notice is considered delivered: A notice shall be deemed to have been received: if delivered personally, when left at the address referred to in Clause 20.1; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; and, if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed.
EVENTS OUTSIDE OUR CONTROL
21.1 No liability: Subject to Clause 18.3 or Clause 19.3 (as applicable), we will not have any Liability or be responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.
21.2 Meaning of an Event Outside Our Control: An “Event Outside Our Control” means any act or event beyond our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
21.3 What happens following an Event Outside Our Control: If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
21.3.1 we will contact you as soon as reasonably possible to notify you of the Event Outside Our Control; and
21.3.2 our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of our responsibilities under this Agreement, we will restart the performance of those responsibilities as soon as reasonably possible after the Event Outside Our Control is over.
21.4 Cancellation following an Event Outside Our Control: You may cancel this Agreement if an Event Outside Our Control takes place and you no longer wish to make use of the Services. Please see your cancellation rights under Clause 17. We will only cancel this Agreement if the Event Outside Our Control continues for longer than four weeks, in which case such cancellation shall have immediate effect.
RETENTION OF RECORDS
We shall keep a record of your Order and this Agreement until six years after you submit your Order to us through the Website. However, for your reference in future, we recommend that you print and keep a copy of this Agreement, your Order, the Order Acknowledgement and the Order Acceptance.

COMPLAINTS
We value your satisfaction with the Website and the Services. If you have a complaint, you should contact us by means of the Support Services. We will try to address any such complaints you may have as soon as reasonably possible. If you feel that your complaint was not addressed to your satisfaction, then you may escalate your complaint by means of a notice (see Clause 20). Upon receipt of such notice, your complaint will be assessed by a company director and a full response will be made within 15 Business Days.

GENERAL
24.1 Third party rights: A person who is not us or you shall not have any rights under or in connection with this Agreement.
24.2 Transfer by you: This Agreement is personal to you. You may not assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with, this Agreement or any right, benefit or interest under it, nor transfer, novate or sub-contract any of your obligations under it, without our prior written consent (such consent not to be unreasonably withheld or delayed).
24.3 Transfer by us: We may transfer our rights and obligations under this Agreement to another organisation, and we will always inform you if that happens, but this will not affect your rights or our obligations under this Agreement.
24.4 Waiver: If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
24.5 Severance: Each of the provisions of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
24.6 No partnership: Nothing in this Agreement shall constitute a partnership or employment or agency relationship between us and you.
24.7 Governing law: This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
24.8 Jurisdiction (if you are a Consumer): If you are a Consumer, you submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction. This Clause 24.8 shall not apply if you are a Business Customer.
24.9 Jurisdiction (if you are a Business Customer): If you are a Business Customer, you submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation. This Clause 24.9 shall not apply if you are a Consumer.

If you are a registered customer and have access to our Client Area (https://client.ubehosted.uk) then the fastest way to get in touch is by logging in and browsing to ‘Open Ticket’ – from here, you will be able to open a ticket to the department most suitable for your enquiry.

If you would like to contact us but do not have access to the client area (either because you are not yet a customer, or because you are locked out for any reason) you can contact us via the link below…

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