Please read these General Terms (and any relevant Schedules, as defined below) carefully as they contain important information about your rights and obligations.
We recommend that you review these General Terms (and any relevant Schedules) frequently as these may change at any time without notice.
1. ABOUT US AND THESE GENERAL TERMS:
1.1 About us: "We", "us" or "our" means 'The Web Hosting Shop' also trading known as 'iNet4u'.
1.2 These General Terms: These General Terms govern your submission of an order to us for our provision of services to you through TheWebHostingShop website (the "Website"), and your registration for an account on the Website by which you will be able to administer those services that you receive.
By submitting your details to us for registration for an account on the Website, you agree to be legally bound by these General Terms.
1.4 Changes to the Terms and Conditions: We reserve the right to amend the Terms and Conditions (as defined below) at any time. If you do not like the changes we make, you can terminate this Agreement at any time by requesting the cancellation of your services.
Continued use of the Services will, however, be deemed to constitute acceptance of the new Terms and Conditions
2. AGE RESTRICTION
By registering for an Account and submitting an Order, you warrant that you are at least 18 years of age.
3.1 Application of these General Terms: These General Terms shall apply to all Orders and to all Agreements. When you submit an Order to us, this shall always constitute your unqualified acceptance of these General Terms and the relevant Schedules. If you are a Consumer, nothing in this Agreement affects your statutory rights.
3.2 Any other terms: This Agreement shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing or orally, are expressly waived and excluded.
4. REGISTRATION FOR AN ACCOUNT
4.1 Need for an Account: If you would like to place an order through the Website, you will need to register for an account on our Website which you will be able to access through the "My Account" part of the Website, and by which you will be able to change the details that we hold about you and administrate the Services that we provide to you ("Account"). You may browse the Website without registering for an Account, but, to submit an Order, you must register for an Account.
4.2 If you have an Account: If you already have an Account, you can login to your Account to submit an Order.
4.3 If you do not have an Account: If you do not have an Account, to submit an Order you will need to register for an Account.
To register, you need to supply us with your name, address, email address, a password and possibly some other personal information.
4.4 Valid email address: You must be registered for an Account with a valid email address that you access regularly, so that, amongst other things, we can send administration and information emails to you. Any Account registered with another person's email address or with a temporary email address may be closed by us without notice. We may also require you to validate your Account at registration or if we believe that you have been using an invalid email address.
4.5 Rejection: We reserve the right to reject any registration for an Account and to refuse use of or access to the Website to anyone for any reason, at our absolute discretion. Fake or incorrect information will result in full account termination.
5. PLACING AN ORDER AND FORMING AN AGREEMENT
5.1 Registration: Once you have registered for an Account, you will be able to place an Order.
5.2 Selection of Services: By following the instructions on the Website, you will be able to select those Services in relation to which you would like to submit an Order.
5.3 Confirming your Order: Before submitting an Order, you will be shown a webpage listing the Services you have selected together with the Fees payable for those Services. You will be given an opportunity to correct any errors in your selections prior to submitting your Order. Unless otherwise stipulated on the Website or agreed in writing by us, all Fees are payable in the currency then in force in England (i.e. currently pounds sterling).
5.4 Payment of Fees: The Fees are payable by you in advance at the intervals specified in the Order Acceptance in respect of the Services you will be receiving, and you will pay the first tranche of Fees to us in advance at the time that you submit your Order. You must pay the Fees by PayPal only; you must have an account with PayPal in order to submit an Order and you must agree to PayPal's terms and conditions in order to have such an account. We shall not be bound to supply any Services to you until we have received the necessary cleared funds in full.
5.5 Having sufficient funds: PayPal will ask you to provide details of a payment card or account, and you must be fully entitled to use that card or account. That card or account must have sufficient funds to cover the payment(s) to be made to us.
5.6 Subject to these General Terms and the Schedules: When you submit an Order to the Website, you agree that you do so subject to these General Terms and the relevant Schedules current as at the date on which you submit your Order. It is your responsibility to review the latest General Terms each time you submit an Order.
5.7 Mistakes in your Order: If, after submitting your Order, you realise that you have made a mistake in your Order, please contact us as soon as possible using the support ticketing system available through your Account.
6. PROVISION OF THE SERVICES
6.1 Activation: We will activate the Services that are the subject of your Order once full payment has been recieved and we have approved the order. We will then inform you of such activation and Acceptance.
6.2 Services: We shall provide to you the Services that are set out in the Order Acceptance that are the subject of this Agreement.
We warrant that:
6.2.1 we shall use our reasonable skill and care in providing the Services;
6.2.2 our employees, agents and subcontractors have the necessary skill to provide any Services;
6.2.3 any Services will be provided in a professional, competent and workmanlike manner;
6.2.4 we have all necessary consents, rights and permission to enter into, and perform our obligations under, this Agreement; and
6.2.5 we shall comply with all applicable laws, statutes, regulations and bye-laws in relation to the exercise of our rights and performance of our obligations under this Agreement.
6.3 No warranty: We do not warrant that the Services will meet your individual requirements. We are not responsible for any people, equipment, deliverables or services that we are not expressly stipulated to provide in this Agreement. You are responsible for any people, equipment, deliverables and services that you need to obtain from someone other than us.
6.4 No guarantee: We do not warrant that the Services (including any access to your Account) will be uninterrupted, error-free or secure from unauthorised access, or that they will meet your individual requirements. Whilst we use our reasonable endeavours to make the Services available, we shall not have any Liability if for any reason the Services are unavailable for any time or for any period. We make no warranty that your access to the Services will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. However, we will use our reasonable endeavours to ensure at least a 99.9% uptime Services availability level.
6.5 Improvements: We reserve the right, at any time, to carry out repairs, maintenance or introduce new facilities and functions in respect of all or any part of the Services. If you do not like the changes we make, you may terminate this Agreement in accordance our terms and conditions.
6.6 Monitoring: We will monitor our provision of the Services using our own monitoring tools. We will only rely on our own monitoring tools to assess the performance of the Services, and we will not consider or accept any results, reports or data from your monitoring tools in relation to the Services.
6.7 Timescales: We shall use our reasonable endeavours to perform our obligations under this Agreement within any timescales set out in this Agreement. However we shall not have any Liability for any delays or failures to accurately perform our obligations:
6.7.1 if we have used those endeavours; or
6.7.2 if caused by any failure or delay on your part or by any breach by you of this Agreement or any other agreement between us and you.
If there is any slippage in time, we shall use our reasonable endeavours to reschedule delayed tasks to a mutually convenient time.
6.8 Our responsibility: Except as specifically stipulated in this Agreement, we shall not be responsible for providing or achieving any particular results or outcomes or within a particular time.
6.9 Our access: Where necessary, we may need to access your Services and Material, and you acknowledge that we may make such access without informing you.
6.10 No warranty as to compatibility: We do not warrant that the Services will be compatible with all Material.
6.11 Third party access: You acknowledge that the servers used in the provision of the Services (including virtual private services (known as VPS servers) and physical private servers (known as dedicated servers)) may be accessible to all users of the Internet. We do not and cannot make any guarantee as to, and we shall not have any Liability in respect of, the protection or security of any information held on the servers.
6.12 Servers: We may, at our absolute discretion, from time to time either host the Services (and any Material) on our own servers or use third party suppliers to do so in whole or in part. You acknowledge that we may from time to time without prior notice and without the need for prior agreement:
6.12.1 move the hosting of the Services (and any Material) to such servers (both internal and external) as we consider appropriate, at our absolute discretion; and
6.12.2 provide reasonable additional obligations or requirements on you or reasonably restrict your rights due to the requirements of the third party suppliers.
7. YOUR OBLIGATIONS
7.1 Correct information: You must only submit to us or the Website information (whether Material, contact details or otherwise) which is accurate and not misleading and you must keep it up-to-date and inform us of any changes.
7.2 Your responsibilities: You must:
7.2.1 co-operate with us;
7.2.2 provide us with any information we reasonably require in respect of the Services from time to time;
7.2.3 report any faults or suspected faults with or in the Services to us immediately upon discovery;
7.2.4 report to us any abuse of the Internet (including spam, hacking and phishing) that you consider to have taken place through the use of the Services by any person, and you shall include in such report as much information as you are able to provide to us relating to the type of abuse that you have witnessed;
7.2.5 use your own login details for the Website and not impersonate any other person or adopt a false identity;
7.2.6 keep your password strictly confidential and secure, and immediately change your password if you know or suspect that any unauthorised third party becomes aware of your password or if you become aware of unauthorised use of your password or there is any other breach of security known or suspected by you;
7.2.7 maintain access to the Services through your Internet or telecoms service providers, and we are not responsible for any connections from your system to the Services;
7.2.8 license and configure any third party hardware and/or software necessary for you to remotely access and use the servers we use in the provision of the Services;
7.2.9 be responsible for ensuring that you have the knowledge and expertise necessary to access and make use of the Services;
7.2.10 ensure that all Material is suitable and prepared for use in conjunction with the Services;
7.2.11 be responsible for ensuring that, and you hereby warrant and undertake to us that, your use of the Services and any Material:
(a) does not infringe the privacy rights or Intellectual Property Rights of any third party;
(b) does not harm us or bring us or our name into disrepute;
(c) is not for the purposes of sending spam or other unsolicited emails;
(d) is not for the purposes of breaching or circumventing the security of any network or Internet user;
(e) does not impose an unreasonable or disproportionately large load on our infrastructure or the Services (whether or not the Services have "unlimited" elements, such as in relation to Internet traffic or disk usage);
(f) does not interfere with another user's use of the Services or similar services;
(g) is not defamatory, obscene, abusive, malicious, indecent, harassing or discriminatory;
(h) conforms in all respects will all applicable laws, rules, regulations, bye-laws and codes of practice (including disability discrimination, intellectual property, privacy and data protection laws); and
(i) does not contain any material detrimental to us or any other user of the Services or similar services, including any viruses, trap doors, back doors, Trojan horses, time bombs, easter eggs, worms, cancelbots or other computer programming routines that are intended to detrimentally interfere with, damage, expropriate or surreptitiously intercept any system, data or personal information;
7.2.12 promptly comply with our reasonable requests from time to time in connection with this Agreement;
7.2.13 ensure that the Services are sufficient and suitable for your purposes and meet your individual requirements;
7.2.14 if you are a Business Customer, at all times, use strong processes and controls to protect the security of Personal Data; such controls must enforce access to Personal Data on a need-to-know basis and also protect against unauthorised observation, change, deletion, corruption, contamination, acquisition or transmission, while at rest or in transit;
7.2.15 if you are a Business Customer, have plans and processes in place for maintenance, oversight and continuous improvement within your organisation; management and responsibility for information security must be a clear priority within your organisation; and
7.2.16 if you are a Business Customer, ensure that all your staff are appropriately aware and trained in information security processes and protocols as may be considered reasonable in your industry and operations.
7.3 Restrictions: You must not, whether yourself or in conjunction with anyone else:
7.3.1 manipulate Orders or transactions in ways that are unfair to us or other users of the Website and/or the Services; and
7.3.2 use or access the Website and/or the Services in contravention of any applicable law.
7.4 Warranty as to Material: You warrant that any Material is owned by you. It is your responsibility to make sure that you have all necessary rights and consents relating to your use of the Material in conjunction with the Services.
7.5 Backups: You are responsible for keeping regular and full backups of all Material, unless we have agreed to provide specific backup services in accordance with a Schedule. We shall have no Liability for any failure by you to backup any Material. If any Material is lost or corrupted for any reason and you do not have an appropriate backup, we will not be able to help you recover that lost or corrupted Material except to the extent that you subscribe for specific backup services in accordance with a Schedule.
7.6 Indemnity as to Material: If you are a Business Customer, you shall indemnify and hold us harmless against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach by you. This indemnity shall apply whether or not you have been negligent or at fault.
7.7 Insurance: You are responsible to ensure that you have in place insurance in relation to any Material, including in relation to the loss or corruption of that Material.
7.8 Data warehousing (or similar): You acknowledge that the Services and any Material may not be used for the purpose of data warehousing such as (but not limited to) storage of backup or archival data, mirror sites, or personal multimedia content such as movies, music, photos or other media.
7.9 Excess usage: We monitor use of the Services and, if we consider that, for example, your use of the Services (for example, your mailboxes, disc space usage or CPU) is excessive, we reserve the right to:
7.9.1 contact you requiring you to reduce that usage; and/or
7.9.2 in respect of mailboxes, empty your spam/junk/deleted items folder as may be deemed necessary and without prior notice.
7.9.3 in respect of files marked as deleted, including being placed in an Account trash or similar folder, remove such files as may be deemed necessary and without notice.
7.10 Peer-to-peer media (including files) sharing or streaming: You acknowledge that the Services and any Material may not be used for the purpose of peer-to-peer file or media sharing, streaming, BitTorrent, Tor or other similar forms of data transmission.
7.11 Content delivery networks: You acknowledge that the Services and any Material may not be used for the purpose of providing or participating in a content delivery network.
7.12 Suspension of the Services: We reserve the right to suspend our provision of the Services to you if your use of the Services is having a detrimental impact on our other customers. This might happen if, for example, your website (in respect of which you use the Services):
7.12.1 has been hacked (such as through bugs in commonly-used software including WordPress);
7.12.2 contains malware;
7.12.3 is attacked (including by a denial of service attack); and/or
7.12.4 is badly coded.
In all of these examples, your website might use excessive resource on our servers to the detriment of our other customers' use of the Services. Following the decision to suspend any Services, we will contact you with details of the suspension and invite you to remedy the situation if appropriate, or – for example in the case of a denial-of-service attack – when we will next review the situation. In such a situation, you are able to discuss what may be required for the Services to be reinstated by contacting us through the support ticketing system available through your Account.
7.13 Removal of Material: We reserve the right, and have absolute discretion, but not an obligation, to remove, screen or edit any content (including Material) that breaches this Agreement or is otherwise objectionable. Without prejudice to any other provision of this Agreement, we reserve the right to immediately remove any Material to which we object and/or if you are otherwise making inappropriate use of the Services contrary to the requirements of this Agreement.
8. SUPPORT SERVICES
8.1 What we provide: We shall use our reasonable endeavours to correct any errors or omissions in the Services as soon as practicable during Business Hours on Business Days after receiving full and clear information on them. However, since we do not guarantee that the Services will be free from faults, we shall provide support accessed by means of a ticketing system available through your Account for you to use for us to deal with any faults and also for answering queries ("Support Services"). We shall use our reasonable endeavours to respond to a request for Support Services within a reasonable time, but we cannot guarantee any particular result or outcome nor within any particular time. In particular, without limitation, we may need to obtain support in turn from a third party that assists us with the provision of the Support Services.
8.2 Exclusions: The following are expressly excluded from the Support Services:
8.2.1 rectification of lost or corrupted Material;
8.2.2 rectification of any failure by you to take appropriate backups;
8.2.3 resolving faults or defects that arise as a result of your failure to comply with this Agreement or any other agreement between you and us; and
8.2.4 changing or updating in any way the content of any website that is the subject of this Agreement.
We may provide any of the excluded services listed as part of the Support Services at our absolute discretion, we will not have any Liability for our provision of any of those excluded services to you.
8.3 Charges: We provide the Support Services with every Agreement as an inclusive part of the Services, at no extra charge.
9.1 Invoicing and payment: Fees will be payable by you monthly in advance, and we will invoice you monthly for the Fees payable.
9.2 Late payment: We will send you a reminder for payment following our sending of an invoice to you. However, if you have not paid any invoice we will cancel this Agreement, and cease to provide the Services, without notice to you. It is your responsibility to make sure that any payment details you have provided to PayPal and the contact details you have provided to us via your Account are correct and up-to-date at all times.
9.3 Increase in Fees: We may increase any Fees at any time on notice to you, with the increase taking effect from the next payment date for the Fees in accordance with our terms. If you do not accept the increase, you have the right to cancel this Agreement in accordance our latest terms.
10. YOUR RIGHTS TO END THIS AGREEMENT
10.1 You can always end this Agreement: If you are a Consumer and, in some cases, if you are a Business Customer, your rights when you end this Agreement (or cancel any Service) will depend on what Services you have purchased from us, whether there is anything wrong with the Services, how we are performing and when you decide to end this Agreement (or cancel any Service):
10.1.1 if the Services are faulty or misdescribed you may have a right to end this Agreement (or to get the relevant Services re-performed.
10.1.2 if you want to end this Agreement because of something we have done or have told you we are going to do.
10.1.3 if you have just changed your mind about the Services; you will not be entitled to any refund in this case; and
10.1.4 in all other cases (if we are not at fault and there is no right to change your mind).
10.2 Ending this Agreement where we are not at fault and there is no right to change your mind: If you do not have any other rights to end this Agreement , you can still contact us and tell us you want to end it, or cancel any Service. This Agreement (or the relevant Service) will not end until the end of the then current calendar month in which you notify us that you want to end this Agreement (or the relevant Service). We will not refund any advance payment you have made for Services which will not be provided to you.
11. HOW TO END THIS AGREEMENT (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
11.1 Tell us you want to end this Agreement: To end this Agreement, or any Service, please let us know by doing one of the following:
11.1.1 Ticketing system: Cancellation can be made from within your client account or you can contact us through the support ticketing system available through your Account. Please provide your name, address, details of the order and, current valid email address.