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TERMS AND CONDITIONS |
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These terms and
conditions shall govern
the relationship between
us and you and shall
prevail despite the
existence of any printed
or other conditions even
if such conditions
purport to take
precedence. Please read
them carefully.
Your attention is in
particular drawn to the
following conditions
which are of special
importance:
2.7 Estimated dates
2.8 Renewal of this
Contract
6. Our liability to you
9 and 10 Termination
1. DEFINITIONS
1.1 References to "we",
"us" and "our" are
references to Internet
Engineering Limited
(trading as Hosting UK)
registered in England
(company registration
number 3629948).
1.2 The terms "you" and
"your" refer to any
individual, company or
business to whom we
provide our Services as
specified in the online
customer order form
including a person
reasonably appearing to
us to act with your
authority.
1.3 In these conditions
the following words and
expressions shall have
the following meanings:
"Commencement Date"
means the date of our
acceptance of your order
as notified to you under
our account activation
notice;
"Contract" means any
contract between the us
and you for the supply
of Services
incorporating these
conditions;
"Domain Names" means
Internet addresses which
have been registered
with the central
registration authorities
on the Internet on your
behalf;
"Gigabyte" means
1,073,741,824 bytes or
characters of
information;
"hosting" means the
making available of your
Domain Name on the
Internet;
“Internet” means the
network of
interconnected
e-communications and
computer systems
connected by internet
protocol uumbers;
"Megabyte" means
1,048,576 bytes or
characters of
information;
"Renewal Date" means the
date of renewal of this
Contract as defined on
the online customer
order form;
“Services” the internet
services to be provided
by us to you [as
specified in the online
customer order form;
"Upload" means to
transfer computer files
to our computer system
for publication on the
Internet or WWW;
"Web Site" means the
area on our computer
system allocated to you
for the purpose of this
Contract;
"WWW" means World Wide
Web service available on
the Internet;
1.4 A reference to a
particular law is a
reference to it as it is
in force for the time
being taking account of
any amendment,
extension, application
or re-enactment and
includes any subordinate
legislation for the time
being in force made
under it.
1.5 Condition headings
do not affect the
interpretation of these
conditions.
1.6 Any words in the
singular include the
plural and vice versa.
2. APPLICATION OF
CONDITIONS
2.1 Subject to any
variation under
conditions 2.2 or 2.3
the Contract shall be on
these conditions to the
exclusion of all other
terms and conditions
(including any terms or
conditions which you
purport to apply under
any order, confirmation
of order or other
document).
2.2 Any variation to
these conditions and any
representations about
the Services shall have
no effect unless
expressly agreed in
writing and signed by
our authorized
representative on our
behalf. 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 this Contract.
Nothing in this
condition shall exclude
or limit the our
liability for fraudulent
misrepresentation.
2.3 We reserve the right
to alter or amend our
terms and conditions by
giving you fourteen
days' prior notice by
email and by displaying
the notice on the our
web site in the Terms
and Conditions section.
If you do not want to
accept any new
conditions you must
inform us immediately by
emailing us at accounts@hostinguk.net
otherwise you will be
deemed to have accepted
such new conditions.
2.4 Your order for
Services from us shall
be deemed to be an offer
by you to buy the
Services subject to
these conditions.
2.5 No order placed by
you shall be deemed to
be accepted by us until
an account activation
notice is issued by us.
2.6 You shall ensure
that the terms of your
order are complete and
accurate.
2.7 Any date proposed
either by you or us for
the provision of the
Services is to be
treated as an estimate
only and we accepts no
liability for any
failure to meet it.
2.8 Unless we receive a
notice in writing from
you terminating this
contract at any time
prior to the renewal
date, you will be deemed
to renew the contract
for the period covered
by the issued renewal
notice and be subject to
the terms and conditions
referred to herein. An
account cancellation
form can be obtained on
request from us.
3. CONTRACT PERIOD
3.1 This Contract shall
continue from the
Commencement Date for a
minimum period of one
calendar month and shall
continue thereafter
subject to termination
under conditions 9 and
10.
4. YOUR RESPONSIBILITIES
4.1 You agree that you
will:
4.1.1 keep secure the
login name and password
specified on your online
customer order form and
not to pass that
information to any
unauthorised person. In
the event of your login
name and password being
used by any unauthorised
person, we accept no
responsibility and you
will be liable for
additional charges
arising therefrom.
4.2 You agree that you
will not:
4.2.1 perform any action
that will reduce
performance of our
servers to the detriment
of other users;
4.2.2 upload any virus
to the Web Site which
could infect our server
or other equipment;
4.2.3 allow a virus to
enter the Internet by
allowing Internet users
to download files
containing viruses or
(knowingly or otherwise)
from their web space
which is on our server;
4.2.4 upload any
material which infringes
the copyright of any
other party. We accept
no responsibility for
your actions in either
uploading material to
the Internet or in your
transferral of any
material to other Web
Sites (or vice versa);
4.2.5 upload any
material which may be
considered to be
contrary to public
decency and morality
including (but not
limited to pornographic,
barbaric and overtly
tasteless material. We
reserve the right to
randomly inspect the Web
Site and in the event
that any unauthorised
material has been
uploaded to that Web
Site, we reserve the
right to inform the
relevant authorities and
to terminate this
Contact forthwith;
4.2.6 cause or permit or
in any way assist in any
unauthorised publication
or any dissemination of
defamatory material or
any material which could
be considered to be in
breach of the criminal
laws of England and
Wales;
4.2.7 commit any act
whereby access is gained
by you to any
information or resources
of any person, body
corporate individual,
partnership, government
agency, national
institution, charity or
recognised organisation
without first having
obtained authority from
those persons or
institutions;
4.2.8 use our servers or
network to send
unsolicited or spam
e-mail to other Internet
users regardless of
whether we are referred
to or not either
directly or indirectly
in such postings.
Failure to meet this
obligation would result
in the termination of
this contract without
refund;
4.2.9 not to use our
servers or network
either directly or
indirectly in a way that
would have a detrimental
effect on network
performance;
4.2.10 do any act or
omission the result of
which would have the
effect of bringing us
into disrepute.
5. HIGH RESOURCE USAGE
POLICY
5.1 We do not operate a
bandwidth capping policy
but maintain high ratios
of bandwidth per Web
Site. In the rare
circumstances that a
user utilizes our server
resources to such an
extent that it may
jeopardize server
performance and
resources for other
users then we reserve
the right to implement
the following High
Resource User Policy at
our sole discretion:
5.1.1 Resources are
defined as bandwidth,
processor utilization or
disk space;
5.1.2 We reserve the
right to suspend or
terminate the offending
web site immediately in
order to prevent the
misuse of our servers
and to maintain maximum
availability for other
users. You may be
offered alternate
hosting options
including us hosting the
website for an
additional fee.
6. LIMITATION OF
LIABILITY
6.1 The following
provisions set out the
our entire financial
liability (including any
liability for the acts
or omissions of our
employees, agents and
sub-contractors) to you
in respect of:
(a) any breach of these
conditions;
(b) any use made by you
of any of the Services;
(c) the content of any
information placed by
you onto our server;
(d) the failure of or
any problem experienced
by you in the operation
of your Web Site;
(e) with regard to any
application, receipt of,
or failure to receive
Domain Name
registration, the
registration, renewal,
non-registration,
non-renewal, suspension,
transfer, failure to
transfer, operation,
delivery, mis-delivery
or any and all
combinations or for any
errors or omissions or
any other actions by the
registry administrator
arising out of or
relating to any
application, receipt of,
or failure to receive a
domain registration; and
(f) any representation,
statement or tortious
act or omission
including negligence
arising under or in
connection with the
Contract.
6.2 All warranties,
conditions and other
terms implied by statute
or common law (save for
the conditions implied
by section 12 of the
Sale of Goods Act 1979)
are, to the fullest
extent permitted by law,
excluded from the
Contract save that where
you are a consumer
rather than a business
no provision of this
clause 6 or these
conditions shall affect
your rights as a
consumer.
6.3 Nothing in these
conditions excludes or
limits our liability:
(a) for death or
personal injury caused
by our negligence; or
(b) for any matter which
it would be illegal for
us to exclude or attempt
to exclude its
liability; or
(c) for fraud or
fraudulent
misrepresentation.
6.4 Subject to
conditions 6.2 and 6.3:
(a) our total liability
in contract, tort
(including negligence or
breach of statutory
duty),
misrepresentation,
restitution or
otherwise, arising in
connection with the
performance or
contemplated performance
of the Contract shall be
limited to the initial
total amount paid for
the Services or Domain
Name registration or
£250 whichever is the
greater; and
(b) we shall not be
liable to you for any
pure economic loss, loss
of profit, loss of
business, loss of
anticipated savings,
depletion of goodwill or
otherwise, in each case
whether direct, indirect
or consequential, or any
claims for consequential
compensation whatsoever
(howsoever caused) which
arise out of or in
connection with the
Contract.
6.5 Each provision of
this condition 6 is to
be construed as a
separate limitation
applying and surviving
even if for any reason
one or other of the said
provisions is held
inapplicable or
unreasonable.
7. INDEMNITY
7.1 Without prejudice to
any other rights or
remedies which we may
have against you, you
agree to indemnify and
keep indemnified us
against:
7.1.2 all costs, claims,
demands, liabilities,
expenses, damages or
losses or expenses
arising out of or in
connection with any
breach by you of this
Contract; and
7.1.3 all costs, claims,
demands, liabilities,
expenses, damages or
losses or expenses
arising out of any
action brought or
threatened against us by
a third party which is
caused by or arises from
any action or omission
of ours carried out
pursuant to your
instructions.
8. CHARGES AND PAYMENT
8.1 Charges are payable
either monthly or
annually in advance
depending on the Service
purchased as set out in
the online customer
order form and time for
payment shall be of the
essence. It is a
condition of the
provision of our
Services that a regular
credit or debit card
payment agreement is in
force for the duration
of this Contract and you
agree to either update
your details yourself
via the control panel or
to inform us and/or
WorldPay immediately
(who administers the
payment system) of any
change to your credit
card or contact details.
8.2 You shall make all
payments due under the
Contract in full without
any deduction whether by
way of set-off,
counterclaim, discount,
abatement or otherwise
unless you have a valid
court order requiring an
amount equal to such
deduction to be paid by
us to you.
8.3 All payments payable
to us under the Contract
shall become due
immediately on its
termination despite any
other provision.
8.4 Without prejudice to
our other rights we
reserve the right to
charge daily interest on
all outstanding amounts
from the due date until
payment is received in
full at the rate equal
to 4% per annum above
the HSBC Bank plc base
lending rate as current
from time to time
whether before or after
judgement. Interest
shall continue to accrue
notwithstanding
termination of this
Contract for any cause
whatsoever. We reserve
the right to claim
interest under the Late
Payment of Commercial
Debts (Interest) Act
1998.
8.5 Value added Tax
where applicable will be
added at the appropriate
rate to the total of all
charges shown on your
invoice.
8.6 Any third party
costs we may incur due
to processing your
payment for the Services
will be payable by you
within seven days
including any reasonable
costs or losses incurred
by us when a credit or
debit card payment is
refused.
9. TERMINATION OF THIS
CONTRACT BY US
9.1 If you do not pay
any charge when due or
materially breach this
Contract in any other
way we can terminate
this Contract
immediately without the
requirement of prior
notification.
9.2 If any sum payable
under this Contract is
still outstanding one
month after the service
of written notice to you
requiring you to pay all
outstanding sums in full
we may in our absolute
discretion suspend the
Services.
9.3 If we still do not
hear from you within 14
days of the written
notice referred to in
condition 9.2 we may in
our absolute discretion
disconnect the Services,
delete your data and
terminate the Contract
and, if appropriate
charge you a daily rate
for storage of any of
your equipment. Where
any charges or payments
are still outstanding
from you, you must pay
us in full (including
any outstanding
interest) before we
release your equipment
to you.
9.4 Should we reasonably
deem you a threat to the
integrity of the our
network whether as a
result of your actions
or threats of such
actions or by hostility
of your actions or due
to any other reason
which in our considered
opinion would be against
our business interest,
then we can terminate
this Contract
immediately without the
requirement for prior
notification.
9.5 If you go into
liquidation or (in the
case of an individual or
firm) become bankrupt,
make a voluntary
arrangement or have a
receiver or
administrator appointed
we can terminate this
Contract immediately
without the requirement
of prior notification.
9.6 Termination of this
contract by us will
result in the retaining
by us of all monies
received from you who
will not be entitled to
a refund of monies paid.
9.7 Upon termination of
this Contract you shall
nevertheless remain
liable for all charges
due or which would have
been payable under this
Contract.
9.8 On termination of
this Contract we will
remove all materials
held on our systems and
remove all your system
privileges.
9.9 Subject to our sole
discretion after
termination, if we agree
that you may once again
be reconnected to the
service, any
reconnection will be
subject to an
administration charge of
£50 together with any
outstanding charges
payable prior to the
reconnection.
10. TERMINATION OF THE
CONTRACT BY YOU
10.1 You can terminate
this Contract at any
time within the first 30
days of the Commencement
Date and receive a full
refund, less any Domain
Name registration
charges or charges for
additional services not
included as a part of
one of our standard
hosting plans. After
this 30 day period you
may terminate the
Contract however no
refund will be payable
and you remain liable
for all charges to the
end of the Contract
period as defined in
condition 3. The notice
of termination should be
made in writing and
delivered to our contact
address.
11. REFUNDS
11.1 On receipt of a
valid cancellation
notice, we will, at our
sole discretion, refund
unused time paid, and
then only full calendar
months of time.
11.2 A cancellation
notice must be received
at least ten days prior
to a Renewal Date in
order for a cancellation
to be effective and
processed prior to a
renewal payment being
taken.
11.3 Should a
cancellation notice be
received less than ten
days prior to a Renewal
Date then an
administration charge
may be applied to any
refund issued with the
sole exception of
refunds issued in line
with our thirty day
money back guarantee, in
which case no fees are
payable.
12. FORCE MAJEURE
12.1 We are not liable
for any breach of this
Contract if the breach
was caused by an act of
God, insurrection or
civil disorder, war or
military operations,
terrorism, national or
local emergency,
protests, riot, civil
commotion, acts of
omissions of government,
highway authority or
other competent
authority, our
compliance with any
statutory obligation,
industrial disputes of
any kind (whether or not
involving our
employees), fire,
lightning, explosion,
flood, subsidence,
weather of exceptional
severity, acts of
omission of persons whom
we are not responsible
(including in particular
other telecommunication
service providers), or
any other cause whether
similar or dissimilar
outside our reasonable
control provided that,
if the event in question
continues for a
continuous period in
excess of 90 days, you
shall be entitled to
give notice in writing
to us to terminate the
Contract.
13. PROPER LAW
This Contract is to be
treated as made in
England and Wales
according to English and
Welsh Law and subject to
the jurisdiction of the
English and Welsh
Courts.
14 LIMITATION ON
ASSIGNMENT
14.1 You must not assign
the benefit of this
Contract in whole or in
part.
14.2 We reserve the
right to assign the
benefit of this Contract
by giving prior written
notice of any assignment
to you.
13.3 Except with our
prior written consent
the Service shall not be
used by or on behalf of
any person other than
you or a third party
specified on the
application form and no
condition shall be
enforceable by virtue of
the Contracts (Rights of
Third Parties) Act.
Valid from 1st August
2006
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30 DAY MONEY
BACK GUARANTEE
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Hosting UK are pleased to
offer an unconditional 30
day money back guarantee
on our hosting services.
Quite simply, if you are
unhappy with our web hosting
services within the first
30 days you may cancel at
any time and we will refund
in full the price of your
hosting, less any domain
registration charges.
Should you continue your
web hosting beyond this
date you will be contracted
for the remainder of the
year at a minimum
The guarantee does not extend
to domain registration fees
or supplemental service
fees, for example, an extra
service such as an additional
database setup or to dedicated
servers.
It does, however, cover
the standard hosting prices.
If a domain name was included
in your hosting we will
move the domain to the provider
of your choice or park it
free.
You can't get fairer than
that ! |
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THE HOSTING UK POLICY ON CHARGES
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Our Charges
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We believe in telling you
exactly what you may be
liable to pay. There
are no hidden extras and
we won't charge you anything
you haven't been made aware
of.
You will always be given
the opportunity to cancel
a service before you are
charged for it. |
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Free Domain Transfers
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For the full conditions
regarding domain name transfers
please read the information
below. |
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Outbound transfers |
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We will not charge for transferring
a domain away from Hosting
UK - if you register a domain
with us, as long as it has
been paid for, there is
no penalty or fee levied
by us whatsoever. |
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Inbound transfers
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We only charge for inbound
domain transfers if:
1) The domain transfer is
a FULL transfer is a .com
.net .biz .org or .info
address. A full transfer
is where we become the ISP
responsible for billing.
A charge is levied on us
which we must pass on to
you, however, it does extend
the life of the domain for
1 year. The charge
is 10 pounds plus VAT.
OR
2) The transfer is only
a partial transfer where
we are not the billing ISP
but you use our DNS servers
- see below: |
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Why do you charge if these
conditions are not met and
how much do you charge?
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We make an annual charge
of 10 pounds plus VAT because:
1) A partial transfer requires
an engineer to add the domain
to our DNS
2) Our network resources
are used in hosting the
DNS entry and responding
to queries for that domain
3) By adding the domain
to our DNS and control panel
you are entitled to use
the free web and e-mail
diversion facilities
we provide in our control
panel.
4) If the domain is to be
used in conjunction with
an existing web site hosted
by us and is to be added
after the point of site
creation an engineer will
have to alter the site and
mail configuration for your
web site. This takes
engineer time which has
to be recovered and paid
for.
We believe this is a fair
policy and offers good value
for money. |
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Minimum Term
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All web hosting services are
for a minimum term of 1
month, unless specified
otherwise. You
have thirty days from the
point of order to cancel
(see money back guarantee
below) after which a a
months notice is
required for
cancellation. Other
services other than web
hosting may be subject
to seperate terms,
please ask for details.
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Money Back Guarantee
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By offering a 30 day money
back guarantee you are able
to try our service out.
If, within 30 days of activation
you feel that the service
is not for you you may cancel
and receive a full refund,
excluding additions and
domain registrations.
Read more on this.
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Renewals
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When a service is due for
renewal you will normally
be contacted via e-mail
and advised of the renewal.
The address we e-mail you
on is the e-mail address
used to apply for the service
you have taken with us originally.
Please note that the onus
is on you to notify us of
any changes of contact details
- you can also update these
yourself via the control
panel - and you should also
update your details on the
WorldPay system - see below
for more details.
If a service is not renewed
in time then it will be
marked pending deletion.
Following a further wait
period we will then delete
all services not paid for.
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Credit and Debit
card payments via WorldPay
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We use WorldPay to process
our credit card payments.
You should note the following
in relation to this:
When you sign up with us
for a hosting account an
agreement is made that will
automatically debit your
card on a monthly or annual
basis, depending on the
option you choose.
A username and password
is created for you on their
system, which is either
e-mailed to you or displayed
on the payment confirmation
page at signup.
With this username and password
you can update your credit
card details, cancel payments,
or alter your e-mail address
and contact details - please
note, that it is important
that you maintain correct
details at all times.
If a payment fails due to
being refused by your bank
or due to the credit card
expiring then an email notification
is sent from WorldPay to
the address details they
hold for you, hence the
importance of maintaining
correct information..
If a payment fails on more
than 3 successive days the
agreement becomes suspended
- should this happen we
will suspend your web site
pending contact and subsequent
payment by you.
If your credit card expires
and you do not update the
details and a payment is
missed we will suspend your
web site pending contact
or payment by you.
For these reasons it is
VITAL that
you maintain your information
correctly on the WorldPay
system. |
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Technical Support - General
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We aim to respond to all
technical support requests
as fast as possible.
All support issues are dealt
with in order of priority.
We will always endeavour
to rectify any problem pointed
out to us as quickly as
possible and normally within
one hour during normal business
hours, however some problems
take longer to solve than
others, and it may not be
possible with some to fix
them within an hour.
Outside normal business
hours we deal with issues
on a priority basis only
and may not answer some
issues until the next business
day if they are not deemed
urgent. Please note,
if you believe your issue
is a priority issue and
needs an urgent response
immediately, you may consider
contacting us via the emergency
support number - see
www.hostinguk.net/info/contact.asp
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Technical Support - affecting
more than one web site
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Where this is the case,
we will notify all affected
parties as soon as possible.
This will normally be via
via the
support pages of the
Hosting UK web site, and
where needed via e-mail.
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Terms and Conditions
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Unless specifically varied,
out standard terms and conditions
are those of our parent
company. They can
be found on the
following page .
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