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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 Smart IT Development Limited
(trading as SmartHost.UK.NET) registered in England (company registration number 4706043).
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. |
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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 SMARTHOST.UK.NET 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. |
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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 HSBC |
We use HSBC 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 |
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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 the
support pages of the SmartHost.UK.NET web site, and where needed via e-mail.
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