Effective date: 1 March 2023
This page, along with our Privacy Policy, Acceptable Use Policy, Terms of Website Use, and any other documents referenced within them, sets out the terms and conditions under which we provide the services offered through any of our hosting brands (“Services”). Our main Services include, but are not limited to: domain name registration and renewal (“Domain Registration and Renewal Service”) and website hosting (“Hosting Service”).
Please read these terms and conditions carefully before placing an order. By ordering any of our Services, you confirm that you have read, understood, and agree to be bound by these terms. During the checkout process, you will be asked to tick a box confirming your acceptance. If you do not agree to these terms and conditions, you will not be able to purchase or use our Services.
1.1 You acknowledge and agree to be bound by the terms of our
Privacy Policy.
1.2 By placing an order for the Services, you consent to receiving automated correspondence from us. This may include notifications about changes to our website, planned maintenance, service updates, and other information relevant to the Services we provide.
2.1 All hosting brand websites operated by Webhosting Group Limited (“we”, “us”, “our”) are owned and managed by us. Webhosting Group Limited is a company registered in England and Wales, Company No. 10516712. Our registered office address is c/o South West Tax, 55 Elm Road, Mannamead, Plymouth, PL4 7AZ.
3.1 By placing an order through our website, you warrant that:
3.1.1 you are legally capable of entering into binding contracts; and
3.1.2 you are at least 18 years old.
3.2 If you are placing an order on behalf of a company or other organisation, you further warrant that you have the authority to bind that entity to these terms.
4.1 You can place an order for the Services once you have successfully registered an account with us. All information you provide during registration must be complete and accurate. If we reasonably believe that any information supplied is incorrect, we may suspend access to your account and to any Services provided. You are responsible for keeping your username and password confidential and must not share them with anyone else. If you believe your login details have been compromised, you must contact us immediately.
4.2 Before submitting an order (by clicking the “Submit Order” button), you will be shown a summary of the Services you wish to purchase and the total price payable. You will have the opportunity to review and correct any errors before completing your order.
4.3 You will only be able to submit an order once payment has been made using one of the payment methods we make available.
4.4 After placing an order, we will display a confirmation on screen and send an order confirmation email to the address associated with your account. This email will include details of the Services you have purchased.
4.5 You can view copies of any automated invoices for products or Services purchased through any of our hosting brand websites by logging into your account.
5.1 After placing an order, you will receive an email from us confirming that your order has been accepted and, where applicable, that the Hosting Service you purchased has been activated. Your order is an offer to purchase our Services and all orders are subject to our acceptance. The contract between you and us ("Contract") is formed only when we send you the Welcome Email. We may decline your order for any reason and will notify you if this happens.
5.2 The Contract relates only to the Services confirmed in the Order Confirmation and any New Account Information we provide. We are not obliged to supply any additional Services that may have been included in your order unless they are confirmed in a separate Order Confirmation.
6.1 We may provide links on our hosting brand websites to the websites of other companies, whether affiliated with us or not. We do not make any promises or guarantees about the quality of products or services you may purchase from third parties whose websites we link to. Any such warranties are disclaimed by us in full. This disclaimer does not affect your statutory rights against the third party.
7.1 If you are buying as a consumer (that is, not within the course of your business), the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may give you a right to cancel the Contract within fourteen (14) days of the Order Confirmation. By placing an order for the Services, you request and agree that we may begin supplying the Services immediately. Once we begin supplying the Services, your right to cancel under these regulations ends.
7.2 Domain name registrations and renewals cannot be cancelled once submitted to the registry, as they are bespoke digital services that begin immediately.
7.3 This provision does not affect your statutory rights.
8.1 Once the Contract has been formed, you may cancel the Hosting Service under the 14 day cancellation period provided by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, unless you have requested that we begin supplying the Hosting Service immediately. By placing an order, you agree that we may begin supplying the Hosting Service straight away. Once we begin supplying the Hosting Service, your right to cancel under these regulations ends.
8.1.1 If you cancel within the 14 day period and we have not yet begun supplying the Hosting Service, you will receive a refund of the price paid for the Hosting Service, less any payment processing charges. Domain name registrations and renewals cannot be refunded once submitted to the registry. You will remain the registrant of any domain names purchased.
8.2 Some of our hosting brands offer a thirty (30) day money back guarantee on eligible hosting plans. This is a voluntary commercial guarantee and is separate from your statutory rights. Where a 30 day guarantee is offered, either party may terminate the Contract by giving written notice within 30 days from the date the account was created. The account creation date is day one. You may be required to submit a cancellation request through the client area for us to process your cancellation. If you have purchased Services on an annual or multi-year basis, we are not obliged to refund any pro rated amounts if you cancel during the term.
8.3 If a domain name has been registered as part of your order and you choose to use the thirty (30) day money back guarantee, the cost of the domain name will be retained. You will remain the registrant of the domain name and may transfer it to another registrar or host at any time.
8.4 To cancel the Contract under clause 8.1 or 8.2, you must notify us in writing through our support ticket system before the end of the applicable 14 day or 30 day period. We will acknowledge your request through the support ticket system. You must confirm your cancellation request in response to our acknowledgement. If you do not confirm your request, we will continue to supply the Hosting Service and your cancellation will not take effect. All cancellation correspondence will be logged within your client account.
8.5 You do not have any right under clause 8.1 or 8.2 to cancel the Contract for the supply of Services other than those specifically covered by the 14 day or 30 day guarantees. Services that cannot be cancelled include, but are not limited to:
8.5.1 Hosting Services that include dedicated servers or VPS hosting;
8.5.2 Domain Registration and Renewal Services (including domains provided free as part of a package, where the domain cost will be retained); and
8.5.3 SSL certificates, licences, and other add-on products.
9.1 The price of any Services will be as shown on our hosting brand websites from time to time, except in cases of obvious error.
9.2 The total cost of your order will be clearly displayed in your shopping basket before you submit your order.
9.3 Prices may change at any time. If we change our prices, we will give you at least thirty (30) days notice before the new prices take effect. Any price increase will not apply until the end of the Minimum Term (as defined in clause 20.3). If you do not agree to the new prices, you must cancel your Services in accordance with clauses 20.3.1 and 20.3.2. If you do not cancel, you will be deemed to have accepted the new prices and they will be charged to the payment method registered on your account.
9.3.1 Some Services include third party software, scripts or licences. The pricing for these third party products may change at their discretion and sometimes at short notice. If this happens, we will notify you as soon as possible so that you can decide whether to continue, cancel or migrate your Services. Price changes for third party products are excluded from the Minimum Term (as defined in clause 20.3).
9.4 Our hosting brand websites list a large number of products and Services. Despite our best efforts, some items may be incorrectly priced. If the correct price is lower than the price shown, we will charge the lower amount. If the correct price is higher, we will normally either contact you for instructions before accepting your order or reject your order and notify you.
9.5 We are under no obligation to provide any product or Service at an incorrect price, even after sending an Order Confirmation. This includes premium domains, reserved domains, domains that appear available due to cached search results, or any pricing error that is obvious and could reasonably have been recognised as a mistake.
9.6 You must register a valid payment method before submitting your order. You may pay by credit card, debit card, bank transfer or a valid PayPal account. We will take payment from your registered payment method immediately upon sending the Order Confirmation or shortly afterwards. If we later reject your order, we will refund the payment to the same payment method. By registering a payment method, you authorise us to attempt automatic renewal of your products and Services on or before their renewal date. If you do not wish to renew, you must cancel in accordance with clauses 20.3.1 and 20.3.2.
9.7 When purchasing a Service, you agree to pay for the full Minimum Term (as defined in clause 20.3), even if you pay by monthly recurring payments. You must not cancel your recurring payments without first cancelling your Services under clauses 20.3.1 and 20.3.2.
9.7.1 We reserve the right to recover any outstanding amounts by other means, including referring the debt to an external debt recovery agent or taking legal action. If your debt is referred to an external agent, you may become liable for additional fees and charges, which you agree to pay. Services you have cancelled may be immediately and permanently deleted from our systems as described in clause 21.2.
9.7.2 We will attempt to automatically renew all yearly products, including domain names, hosting, add-on services and third party products such as SSL certificates or virus scanning. If a valid payment method is available and payment is successful, we will send a payment confirmation notice. Reminder notices will be sent as described in clause 17.3. The day before the renewal date, we will process the renewal if a payment method is available and send a renewal confirmation notice. If you make a payment to renew a domain but do not receive a renewal confirmation, the renewal may not have completed successfully. This can occur if registry or payment APIs fail to communicate. You should contact us as soon as you notice that a domain has not renewed so that we can renew it manually. We cannot be held responsible for domains that expire due to communication issues that go unnoticed by the registrant. If we cannot re-register the domain at the normal price, we will refund the renewal payment in full. We will not register or re-register a domain at an inflated price, including redemption fees or third party resale prices.
9.8 Time for payment is of the essence. Payment must be received by the due date. No payment is deemed received until cleared funds are available. If your chosen payment method is declined, you authorise us to seek payment from any other payment method registered on your account. If payment still fails, we may suspend or terminate any Services we provide to you, even if the unpaid amount relates to a different Service. For reseller accounts, all sub-accounts may also be suspended or terminated.
10.1 We warrant that, subject to the other provisions of these terms and conditions, any Services purchased from us through our hosting brand websites will be provided with reasonable care and skill.
10.2 We will not be liable for a breach of the warranty in clause 10.1 unless:
10.2.1 you notify us of the issue in writing through our support ticket system; and
10.2.2 we are given a reasonable opportunity to review and investigate the provision of the Services to you.
10.3 We will not be liable for a breach of the warranty in clause 10.1 if:
10.3.1 the issue arises because you did not follow our written or oral instructions regarding the use of the Services (if any); or
10.3.2 you alter or interfere with the Services without our written consent; or
10.3.3 the issue arises due to misuse.
10.4 Subject to clauses 10.2 and 10.3, if we are in breach of the warranty in clause 10.1, we will use reasonable commercial efforts to remedy the issue promptly at our expense, or we may refund the price of the affected Services on a pro rata basis. This is your sole and exclusive remedy for any breach of the warranty in clause 10.1. We do not warrant that your use of the Services will be uninterrupted or error free.
10.5 We may modify the Services without notice provided that such modifications do not adversely affect your access to or use of the Services, or reduce their overall performance. If a modification may have an adverse effect, we will give you at least sixty (60) days notice before the change takes effect.
10.6 You acknowledge that you have not relied on any statement, promise or representation made by us or on our behalf that is not set out on our hosting brand websites or confirmed in writing by us. Nothing in this clause limits or excludes our liability for fraudulent misrepresentation.
11.1 You are responsible for making all arrangements necessary for access to our Hosting Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these terms and conditions (including our acceptable use policy) and that they comply with them. You are responsible for the security of your passwords and for updating them regularly. If any passwords are sent from our system in plain text for access recovery, they must be changed immediately once you log in.
12.1 We will use reasonable endeavours to make our servers available as part of the Hosting Service for ninety nine point nine nine (99.99) per cent of each calendar month. We do not warrant that access to our servers will be uninterrupted or error free, but we will use reasonable endeavours to keep downtime to a minimum. We will make commercially reasonable efforts to provide advance notice of scheduled or emergency outages through the system status page in the client area.
12.2 Service credits are not provided for any form of downtime or service unavailability.
13.1 You will have no right, title or interest in any internet protocol address (IP address) allocated to you. Any IP address allocated to you is provided as part of the Hosting Service you purchase and is not portable or transferable in any way.
13.2 If an IP address is re-numbered or re-allocated by us, we will use reasonable endeavours to avoid disruption to you.
13.3 You agree that you will have no right, title or interest in any IP address after the expiry or termination of the Services. Obtaining a new IP address following expiry or termination is your sole responsibility.
14.1 It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload (or permit to be uploaded) to our servers ("Material") as part of your use of the Hosting Services, virtual servers or dedicated servers. In the event of loss of or damage to your Material, you will not be given access to any disaster recovery back-up we maintain under our internal archiving procedures.
14.2 We will follow our daily archiving procedures for data stored on our servers. If any loss or damage occurs to our servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our servers (including your Material) from the latest back-up maintained under our archiving procedure. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.
15.1 All Hosting Service packages include a web space allowance (unless specifically stated as unlimited), provided that:
15.1.1 your Material is linked into web pages;
15.1.2 you do not use the Hosting Service as a backup or repository for your Material;
15.1.3 you maintain good housekeeping of your Material; and
15.1.4 you comply with our acceptable use policy.
15.2 Your Hosting Service package may include a monthly bandwidth allowance as shown on the relevant hosting brand website at the time of your order. If this allowance is exceeded, the Hosting Service may, at our discretion, be automatically suspended. If this happens, you will need to upgrade to a package with a higher allowance or wait until the next calendar month when bandwidth usage resets. You can monitor your bandwidth usage in the control panel.
15.3 Unless your Hosting Service package includes a virtual server or dedicated server, you may use a maximum of five (5) per cent of a server's processing capacity. We may, at our discretion, allow usage above this limit. If your usage has, or may have, a detrimental effect on other customers, we will discuss your hosting requirements with you.
15.4 Your Hosting Service package includes the number of mailboxes shown on the relevant hosting brand website at the time of your order. Any mailbox that has not been accessed for one hundred (100) clear days will be automatically deleted from our systems.
15.5 Our shared hosting platforms must not be used as an archival system for email or backups. You may be asked to remove archive files or archive email to your local machine, or to upgrade to a VPS if your account is being used in this way. If archives or backups are not removed, we may delete them during our regular scans to ensure platform stability.
15.6 When using the Services, you must comply with our terms of website use and our acceptable use policy. These documents form part of the Contract. If there is any conflict between the terms of website use and these terms and conditions, these terms and conditions will take precedence.
15.7 We may terminate the Contract, or suspend or terminate any individual Services, if you breach our terms of website use or our acceptable use policy.
16.1 If a problem arises with the Services or your registered account, you can access support through our support ticket system, twenty four (24) hours a day, seven (7) days a week.
16.2 Our support team will assist with issues relating to the Services you receive. We do not provide programming support, but our servers are compatible with many programming languages as part of the Hosting Services.
17.1 Where the Contract includes our Domain Registration and Renewal Service:
17.1.1 we will use reasonable endeavours to procure the registration of the domain name you request;
17.1.2 we will not be liable if the relevant domain name registry refuses to register the domain name you request, or later suspends or revokes the registration;
17.1.3 we do not act as your agent and do not represent you in any dealings with any domain name registry;
17.1.4 the registration and ongoing use of any domain name is subject to the terms and conditions of the relevant domain name registry, together with any additional domain service agreements such as Identity Protect. These terms can be found here;
17.1.5 you are responsible for ensuring that you are aware of, and comply with, the terms referred to in clause 17.1.4;
17.1.6 in some cases a domain name may appear available and our checkout may allow you to complete the purchase, but the domain may not actually be available to register because it is reserved, premium priced, or the domain availability cache has not yet updated as described in clause 9.5. A domain name is only successfully registered when you appear as the registrant on the appropriate whois database for the relevant top level domain registry;
17.1.7 we may require you to select a replacement domain name, and may suspend or terminate the Domain Registration and Renewal Service, if we believe on reasonable grounds that your chosen domain name is, may be, or is likely to be in bad faith, in breach of these terms and conditions, or in breach of any legal or regulatory requirement;
17.1.8 you confirm and warrant that you own, or have the authority of the owner to use, any trade mark contained in any domain name you request to be registered.
17.2 You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner) supplied or authorised by you for use in connection with any website hosted under the Hosting Service.
17.3 Once a domain name has been successfully registered, it must be renewed periodically to retain ownership. Where possible, we will send renewal notices thirty (30) days and seven (7) days before the renewal date to the admin email address registered against the domain name. These notices are deemed received once they leave our outgoing mail service. You are responsible for ensuring that the admin email address is correct and functional. We recommend using an email address not associated with the domain name itself.
We cannot be held responsible for renewal notices rejected by third party mail servers or for any anti-spam filtering. It is the registrant's responsibility to be aware of the expiry date and to renew the domain name before it expires. We cannot be held responsible if a domain name is not renewed in time and becomes available for registration by others.
If a renewal request is made after the expiry date (for example, when the domain is in the deletions queue or redemption period), we may charge an administration fee of up to £50 to manually release and renew the domain. Registries may also send expiry notices urging the registrant to renew.
We will attempt to renew domain names automatically where a valid payment method is available. If no payment method is available, renewal must be completed manually by the registrant. If a domain is not renewed before the renewal date, any products or services that rely on that domain may cease to function, although associated services will continue to renew until cancelled under clauses 20.3.1 and 20.3.2. Once renewed, domain names cannot be refunded in accordance with clause 8.3.2.
17.3.1 Automatic domain renewals can be disabled in the client area. If a domain is automatically renewed because auto-renew was not disabled and the renewal uses a previously authorised payment method as described in clause 9.6, no refund will be given in accordance with clause 8.3.2.
17.4 You acknowledge and agree that we may place domain locks on any domain registered with us, either at the time of registration or at any time thereafter, without notice. These may include clientDeleteProhibited, clientTransferProhibited and clientUpdateProhibited. These locks are generally temporary and used for security or operational reasons.
17.5 Domains registered free with hosting packages must remain with us for ninety (90) days from the date of registration before any changes can be made. This includes, but is not limited to, domain transfers, registrant changes, nameserver changes or hosting package upgrades or downgrades. If a special offer applies to free or discounted domains, the separate terms of that offer will apply.
18.1 You, or your licensor, retain all intellectual property rights in your Material. You grant us a worldwide, non-exclusive, royalty free licence to use, store and maintain your Material on our servers and to publish your Material on the internet for the purpose of providing the Hosting Service. You warrant that your Material does not infringe the intellectual property rights of any third party and that you have the authority to grant this licence. We may make copies of your Material as necessary to perform our obligations, including creating back-up copies.
18.2 You will defend, indemnify and hold us harmless against any claims, actions, proceedings, losses, damages, expenses and costs (including court costs and reasonable legal fees) arising out of or in connection with your use of the Services or any claim that your Material infringes, or is alleged to infringe, the intellectual property rights of a third party.
18.3 If you download software owned by us from our website, we grant you a non-exclusive, non-transferable, royalty free licence to use that software for the purpose described on our website. This licence will automatically terminate when we stop providing the Hosting Services to you.
18.4 Any third party software you download from our website is licensed to you on the standard licence terms of the owner of that software, as notified to you at the time of download.
18.5 We retain all intellectual property rights in the Hosting Services (other than your Material) and in any software referred to in clause 18.3. You must not decompile, disassemble or reverse engineer the Hosting Services or our software.
18.6 We will defend you against any claim that the Hosting Services (but not any materials stored or maintained on our servers by you or any third party) infringe United Kingdom intellectual property rights of a third party, other than claims covered by clause 18.2. We will indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:
18.6.1 you give us prompt written notice of the claim;
18.6.2 you make no admissions or settlements without our prior written consent;
18.6.3 you provide reasonable co-operation to us in the defence and settlement of the claim, at your expense; and
18.6.4 we are given sole authority to defend or settle the claim.
18.7 In defending or settling a claim, we may obtain for you the right to continue using the Hosting Services, replace or modify the Hosting Services so that they become non-infringing, or, if these options are not reasonably available, terminate the Contract without liability to you. In that case, we will refund the price you have paid on a pro rata basis. We will have no liability to defend or indemnify you if the alleged infringement is based on:
18.7.1 a modification of the Hosting Services by anyone other than us;
18.7.2 your use of the Hosting Services in a manner contrary to our instructions or our acceptable use policy; or
18.7.3 your use of the Hosting Services after receiving notice of the alleged or actual infringement from us or any appropriate authority.
18.8 This clause sets out your sole and exclusive rights and remedies, and our entire obligations and liability, for any infringement of third party intellectual property rights by the Hosting Services.
19.1 We do not monitor, and will not be liable for, your Material or any communication you transmit or allow to be transmitted using the Hosting Services.
19.2 Due to the public nature of the internet, we are not responsible for the privacy or security of electronic mail or any other information transferred across the internet or through any network provider. We do not guarantee that the Hosting Services will be free from hackers or unauthorised access. You are responsible for the content of any emails sent using the Hosting Services, for any Material uploaded to our servers, and for ensuring compliance with all applicable laws and regulations (including data protection and privacy laws).
19.3 All conditions, terms, warranties and representations that are not expressly set out in these terms and conditions (or in the documents referred to in them) are excluded to the fullest extent permitted by law.
19.4 Nothing in these terms and conditions excludes or limits our liability:
19.4.1 for death or personal injury caused by our negligence;
19.4.2 under section 2(3) of the Consumer Protection Act 1987;
19.4.3 for fraud or fraudulent misrepresentation; or
19.4.4 for any matter for which it would be unlawful for us to exclude or attempt to exclude liability.
19.5 We will not be liable for any of the following types of loss, whether direct, indirect or consequential, and whether caused by negligence or otherwise:
19.5.1 loss of income or revenue;
19.5.2 loss of business;
19.5.3 loss of profits or contracts;
19.5.4 loss of anticipated savings;
19.5.5 loss of goodwill;
19.5.6 loss of software or data;
19.5.7 wasted expenditure (including pay per click advertising costs); or
19.5.8 wasted management or office time.
19.6 Subject to clauses 19.4 and 19.5, our maximum aggregate liability arising under or in connection with the Contract, whether in contract, tort (including negligence) or otherwise, will in no circumstances exceed one hundred and ten (110) per cent of the price you have paid to us for the Services during the twelve (12) months immediately preceding the event giving rise to the liability. You are strongly advised to obtain business interruption insurance or other appropriate insurance to protect your business in the event of service interruption.
19.7 Where you purchase any product or service from a third party seller by following a link on our website to that seller's website, the seller's liability will be governed by the seller's own terms and conditions and privacy notice. We encourage you to review those terms and notices carefully.
20.1 The part of the Contract relating to our Domain Registration and Renewal Service will commence on the date we send you our Order Confirmation. It will continue until:
20.1.1 we have registered the domain name you requested (the "Domain Name") and you later choose not to renew it by logging into your admin dashboard and setting the renewal option to "disable auto-renew" before the renewal date; or
20.1.2 we terminate the Domain Registration and Renewal Service by notice to you because:
20.1.2.1 the Domain Name is no longer available for registration;
20.1.2.2 clause 17.1.7 applies;
20.1.2.3 you are in breach of clause 17.1.8; or
20.1.2.4 another reason prevents the registration of the Domain Name.
20.2 If we terminate the Domain Registration and Renewal Service under clauses 20.1.2.1, 20.1.2.2 or 20.1.2.4, we will refund the price paid for that service to the payment method used at the time of purchase.
20.3 The part of the Contract relating to all other Services will commence on the date we send you our Order Confirmation. Unless terminated under this clause 20.3, these Services will continue for the minimum period applicable to the Service you purchased (as shown on the relevant hosting brand website). Where a Service is provided by a third party over which we have no control (for example SSL issuing authorities, anti-spam software, cPanel licensing or other software licensing), we will endeavour to provide an alternative solution or, if price related, the lowest possible increase required to cover those changes.
After the Minimum Term expires, the Services will continue on a month to month basis until terminated:
20.3.1 by you, as a consumer, giving us a clear cancellation request through our support ticket system and providing thirty (30) days notice; or
20.3.2 by you, as a business customer, contacting our customer support department through the support ticket system to request cancellation; or
20.3.3 by us giving you at least thirty (30) days advance notice by email to the address registered on your account; or
20.3.4 by you exercising your right as a consumer to cancel within the 14 day cooling off period. The cooling off period applies only to consumers, not business customers. To meet the deadline, you must send your cancellation request before the 14 day period expires; or
20.3.5 if you cancel using the correct cancellation procedure, it is your responsibility to ensure that any recurring payments are cancelled with your card issuer (if applicable).
20.4 As part of our cancellation process, we will respond to you through our support ticket system. You must confirm your cancellation request in reply to our message. This confirmation step is required to protect you from fraudulent or unauthorised cancellation requests. If you do not confirm your request, we will continue to supply the Services and your cancellation will not take effect. Cancellations cannot be made by letter or telephone. No refund will be issued where the correct procedure has not been followed.
Why we use this cancellation process:
Our cancellation procedure is designed to protect you and your account. Requiring all cancellation requests to be submitted and confirmed through the support ticket system ensures that:
This process keeps your services safe and ensures that no changes are made to your account without your explicit confirmation.
20.5 The monthly price for Services that continue on a month to month basis under clause 20.3 will be charged monthly in advance to the payment method registered on your account. Payment will be taken on the same date of the month on which the Services originally commenced ("Payment Date"). If the Payment Date does not occur in a particular month (for example, 31 January), payment will be taken on the closest preceding date (for example, 28 February). We do not provide refunds for cancellations made part-way through a billing period.
20.6 Non-payment does not constitute cancellation. If you cancel a recurring payment without following the cancellation procedure in clauses 20.3.1 and 20.3.2, the Services will remain active and will continue to be charged at the normal rate. If we are unable to take payment by any primary or secondary method, the outstanding balance will continue to accrue until a valid cancellation request is submitted. If the balance remains unpaid, we may instruct our debt management agents to contact you using the email address registered on your account. If our logs show that the email was accepted by your mail server, it will be deemed received.
20.7 Without prejudice to any other rights we may have under these terms and conditions, our terms of website use or our acceptable use policy, we may terminate the Contract at any time by giving you thirty (30) days advance notice by email to the address registered on your account. If we cancel the Services, we will refund the price you have paid on a pro rata basis for the unexpired Minimum Term.
20.8 If you are in breach of any obligation under these terms and conditions, we may terminate the Contract by giving you seven (7) days notice. We may also, at our absolute discretion, suspend or terminate any individual Services immediately and without notice.
20.9 Expiry or termination of the Contract will not affect any rights or liabilities that have accrued to either party as at the date of expiry or termination.
21.1 If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our systems (including disaster recovery backups). You are strongly advised to make appropriate copies of such data before cancelling your Services.
21.2 If you cancel your payment method without first submitting a cancellation request in accordance with clauses 20.3.1 and 20.3.2, any data we hold or host in relation to the affected Services may be immediately and permanently deleted from our systems. You are strongly advised to make appropriate copies of such data before cancelling your Services.
21.2.1 If you choose not to renew your Services and do not notify us, any data we hold or host in relation to those Services will be retained for seven (7) days after the renewal date. If no renewal request or payment is received within that period, the Service will be deemed no longer required and all associated data may be permanently deleted from our systems. You are strongly advised to make appropriate copies of such data.
21.3 If you have purchased a Hosting Service designed for hosting your own clients, your package may allow multiple accounts to be created. If you disable any of these accounts and they remain disabled for fifty (50) clear days, we will permanently delete those disabled accounts and all associated data from our systems.
22.1 Additional terms and conditions may apply to specific offers or promotions. Where applicable, you will be advised of these terms at the relevant point.
23.1 Applicable laws require certain information or communications to be provided in writing. When using our website, you agree that communication with us will be primarily electronic. We may contact you by email or provide information by posting notices on our website. For contractual purposes, you agree to receive communications electronically and acknowledge that all contracts, notices, information and other communications we provide electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
24.1 All notices given by you to us must be submitted through our support ticket system. We may give notice to you by email or by post using the then current contact details registered on your account.
25.1 Neither you nor we intend that any term of the Contract will be enforceable by any person who is not a party to it, in accordance with the Contracts (Rights of Third Parties) Act 1999.
25.2 The Contract is binding on you and us, and on our respective successors and permitted assigns.
25.3 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations under it, without our prior written consent.
25.4 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations under it, at any time during the term of the Contract.
26.1 We will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations under the Contract that is caused by events outside our reasonable control ("Force Majeure Event").
26.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation):
26.2.1 misuse, alteration or interference by you or any third party with our servers or systems (including virus infections, malware or hacker attacks);
26.2.2 strikes, lock-outs or other industrial action;
26.2.3 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war;
26.2.4 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
26.2.5 the impossibility of using public or private telecommunications networks;
26.2.6 the acts, decrees, legislation, regulations or restrictions of any government;
26.2.7 failure of third party services used as part of the Services (for example anti-virus products, anti-spam products or security products);
26.2.8 third party recipient mail servers or services refusing to accept email sent from any of our data centres due to changes in their filtering algorithms.
26.3 Our performance under the Contract will be deemed suspended for the duration of the Force Majeure Event, and we will be entitled to an extension of time for performance for the length of that period. We will use reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that allows us to perform our obligations despite the Force Majeure Event.
27.1 If we fail at any time during the Contract to insist on strict performance of any of your obligations under the Contract or these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of those rights or remedies and shall not relieve you from complying with those obligations.
27.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
27.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 24.
28.1 If any of these terms and conditions, or any provision of the Contract, is determined by a competent authority to be invalid, unlawful or unenforceable to any extent, that term, condition or provision will be severed to the extent required. The remaining terms, conditions and provisions will continue in full force and effect to the maximum extent permitted by law.
29.1 These terms and conditions, together with any documents expressly referred to in them, constitute the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
29.2 We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise made by the other, or implied from anything said or written in negotiations prior to the Contract, except as expressly stated in these terms and conditions.
29.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the Contract (unless such statement was made fraudulently). The only remedy available to either of us shall be for breach of contract as provided in these terms and conditions.
30.1 We may revise and amend these terms and conditions from time to time to reflect changes in market conditions, technology, payment methods, relevant laws or regulatory requirements, or changes in our system capabilities.
30.2 You will be subject to the policies and terms and conditions in force at the time you order Services from us, unless a change is required by law or governmental authority (in which case it will apply to orders already placed), or if we notify you of a change before we send you the Order Confirmation. In that case, we will assume you have accepted the updated terms unless you notify us otherwise within seven (7) working days of receiving the Order Confirmation.
30.3 No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.
31.1 Contracts for the purchase of Services through our website will be governed by English law. Any dispute arising from, or related to, the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the Contract between us.