Ideal Hosting

Terms and Conditions

 

These are the only terms and conditions under which we are willing to provide our products and/or services to you.

 

 

We are: IdealHosting.co.uk

 

VAT Registration Number: GB 786 128 07

Our address is:

2nd Floor

145-157 St John Street

London

EC1V 4PY

United Kingdom

 

Our e-mail address is: sales@idealhosting.co.uk

 

You are: Anyone who pays us for our services

 

 

The Terms and Conditions

 

1 Basis of Contract

 

1.1 Subject to the terms set out in this agreement and to your compliance with our Acceptable Use Policy (“AUP”) we agree to provide to you some or all of the services described on our web site (together referred to as “the Services”) at the prices we charge from time to time, such prices also being stated on our Web site. We now refer to the prices of the Services we sell to you as the “Price”.

 

1.2 The contract between us comes into existence when an order is placed by you for the Services.

 

1.3 We may cancel the contract if you fail to comply with our payment procedure.

 

1.4 The contract continues until terminated by one of us as set out in this agreement. For the avoidance of doubt services provided by our staff and undertaking are provided continuously even though you pay us annually.

 

1.5 Money will not be refunded to you if you pay for the Services then do not use them or cease to use them before the expiry of the period covered by the payment you have made.

 

1.6 We will take the payment you have authorised, annually through your credit or debit card.

 

1.7 The Price is set out on our Web site. We may increase our prices at any time.

 

 

2 Identification of the Services

 

You acknowledge that:

 

2.1 you understand exactly what is included in the Services;

 

2.2 you are satisfied that the Services are suitable and satisfactory for your requirements;

 

2.3 in entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Price and the Services given on our Web site.

 

 

3 Payment

 

3.1 You agree to pay the Price for the Services before account activation and future renewal in UK Pounds, together with value added tax at the then current rate (where applicable).

 

3.2 You may pay by Credit/Debit Card or Cheque.

 

3.3 If a cheque is returned to us due to insufficient funds, we may charge you £20 + VAT (where applicable) for the administration necessarily resulting.

 

3.4 You acknowledge that if your payment is not received by the renewal date of the Services, we may suspend the Services and/or cancel this contract.

 

3.5 If you have not paid within 14 days of the renewal date of the Services, your account may be closed and the Services may be cancelled. For the avoidance of doubt, all files, including but not limited to, Web pages and e-mail messages that are residing on our systems may also be deleted and we will no longer have any obligation to you.

 

3.6 All unpaid balances incurred during period of service by IdealHosting are subject to collection. Cancellation of service due to unpaid invoices does not constitute cancellation of invoices.

 

3.7 Renewal fees for any service supplied must be paid for unless cancellation notice has been received in writing at least 30 days prior to the renewal date as set out in section 5.

 

3.8 The free domain name promotion includes a domain registration for an initial registration period of 2 years for UK domains (.co.uk or .org.uk) and 1 year for US domains (.com, .net, .org, .biz or .info). Our normal renewal fees apply after the initial registration period (£8 for 2 years for UK domains and £10 per year for US domains).

 

 

4 Refunds to consumers

 

4.1 Where you are to deemed to be a consumer for the purposes of the Consumer Protection (Distance Selling) Regulations 2000, you have the right to cancel your order within 7 days of placing your order by giving us written notice, subject to the following provisions:

 

4.1.1 An order for the registration, renewal or transfer in of a domain name may not be cancelled after we have submitted the request to the relevant registrar or registry, unless the request is unsuccessful.

 

4.1.2 An order for an SSL certificate may not be cancelled after we have submitted the request to the relevant certificate issuer, whether as a new order or as a renewal, unless the request is unsuccessful.

 

4.1.3 An order for e-commerce software may not be cancelled if any seal or inner packaging has been broken. You will also be responsible for the costs of returning any e-commerce software to us (using an insured method of delivery) for a refund under this provision.

 

4.1.4 If you have ordered an e-mail hosting plan or Web hosting plan then you have the right to cancel your order within 7 days of placing your order by giving us written notice. Your cancellation will be effective only in respect of that e-mail hosting plan or Web hosting plan, and not any other products or services ordered at the same time.

 

4.2 For your cancellation to be effective, you must give us full information to enable us to identify:

 

who you are and

that you have proper authority to cancel and

the Services you wish to cancel.

 

4.3 In the event of a cancellation of an order by you under the provisions above:

 

4.3.1 your account will be closed and the Services will be cancelled. For the avoidance of doubt, all files, including but not limited to, Web pages and e-mail messages that are residing on our systems will also be deleted and we will no longer have any obligation to you;

 

4.3.2 we will refund any monies paid within 30 days of your notice.

 

4.4 If you cancel a hosting account, purchased under the free domain promotion, within 90 days then you will be entitled to a refund minus the usual registration fees for any domain name included with your initial order and these fees will be deducted from any refund given. Domain registration is noncancellable and nonrefundable.

 

 

5 Termination

 

5.1 This contract terminates:

 

5.1.1 automatically, if payment has not been received by us 14 days after the annual renewal date.

 

5.1.2 upon either of us giving the other 30 days notice in writing addressed by post to the last known land address of the other of us. For this and all purposed in connection with this contract, our addresses are as at the head of this document. If your cancellation is to be effective, you must give us full information to enable us to identify:

 

who you are and

that you have proper authority to cancel and

the Services you wish to cancel.

 

5.1.3 when we terminate it, without notice, on account of your failure to comply with these terms or our AUP;

 

5.1.4 when terminated under any other provision of this contract.

 

5.2 If you obtain a refund of money paid to us by instructing your card issuer, we pay a fee for this. You agree that you will not give any such instruction and that, if given, you will refund the fee to us.

 

5.3 If this contract is terminated, your account will be closed and the Services will be cancelled. For the avoidance of doubt, all files, including but not limited to, Web pages and e-mail messages that are residing on our systems will also be deleted and we will no longer have any obligation to you.

 

 

 

6 After Termination

 

6.1 Except as set out in section 5 above, you are not entitled to a refund of any fees paid to us:

 

6.1.1 if you terminate this contract earlier than the date the next payment is due, or

 

6.1.2 if we terminate this contract because you have failed to comply with these terms or our AUP.

 

6.2 When this contract is terminated, your account will be closed and the Services will be cancelled. For the avoidance of doubt, all files, including but not limited to, Web pages and e-mail messages that are residing on our systems will also be deleted and we will no longer have any obligation to you.

 

 

7 Your Contact Details

 

7.1 You undertake to provide to us:

 

7.1.1 your current land address, e-mail address, telephone and fax numbers as often as they are changed;

 

7.1.2 all information that may be reasonably necessary to enable us to fulfill our obligations under this contract.

 

7.2 If at any time, we discover that you have failed to provide current information, we may terminate the Services at the date of expiry of the current payment period.

 

 

8 Interruption to Services

 

8.1 If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.

 

8.2 You acknowledge that the Services may also be interrupted for many reasons beyond our control.

 

8.3 You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

 

 

9 Passwords and Instructions

 

9.1 You accept that you are liable for any loss or damage to us or to you or to any third party arising from any act or omission of a person who uses your identity or password to gain access to the Services or to any part of our computer installation, whether or not they have your permission.

 

9.2 You acknowledge that any instruction to us which is validated by your identity and password is a valid instruction so far as we are concerned. We have no obligation to make any check under any circumstances.

 

 

10 Technical Support

 

We will provide technical support within the areas of our expertise relating to the Services. We do not guarantee to provide any particular support nor that the support we provide will be adequate for your requirements. Technical support is free of charge to paying customers to ensure the service provided by IdealHosting.co.uk is operating as expected. Technical support not directly related to the efficient running of the service may be chargable however customers will be notified of any charges prior to any work being carried out and the work will not be started until agreed by the customer.

 

 

11 Intellectual Property Ownership

 

11.1 Our use of any intellectual property belonging to us or to any third party in the provision of or as part of the Services shall not operate to transfer any right or license to you.

 

11.2 If we assign to you an Internet Protocol address the right to use that Internet Protocol address shall belong only to us.

 

11.3 We reserve the right to change or remove any Internet Protocol address in our sole discretion.

 

 

12 Bandwidth and Disk Usage:

 

12.1 You agree that bandwidth and disk usage shall not exceed the data usage per month for the Services ordered by you.

 

12.2 If your usage exceeds the contractually ordered amount we may in our discretion:

 

12.2.1 charge the Price currently charged by us for the additional usage you have used, such charges to be paid within 30 days of the invoice date or

 

12.2.2 if in our opinion your usage puts at risk the continued service provision to other customers, we may limit the Services we provide to what we have agreed in our contract with you. We may not be able to give you notice of this.

 

 

13 Confidentiality

 

13.1 We are both aware that in the course of business we will each have access to and be entrusted with information in respect of the business and operation of the other and their dealings, transactions and affairs, all of which information is or may be confidential.

 

13.2 We and you hereby undertake for ourselves and every employee or sub-contractor whose services we use that neither we nor they will divulge to any person whatever or otherwise make use of (and shall use their best endeavors to prevent the publication or disclosure of) any trade secret or confidential information.

 

13.3 We both mutually undertake to the other to make all relevant employees, agents and sub-contractors aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as shall from time to time be necessary to ensure compliance by our employees, agents and sub-contractors with these provisions.

 

 

14 Backup Procedures

 

We maintain reasonable procedures for general backup of data for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have made specific contractual arrangements with you in writing.

 

 

15 Privacy Policy Exception