Terms of Service
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Billing and Payments
- All Servers are billed monthly on the day or closest day to your account creation. Additionally added servers and services are billed pro rata to the registered payment method.
- Invoice accounts are billed 30 days in arrears on the 1st day of each month. Invoice accounts are at the discretion of the management.
- Invoices are generated 2 days in advance and sent to your registered email address. It is your responsibility to ensure this e-mail address is kept up to date and can receive emails from us.
- All services must be paid for by the due date shown on the invoice unless a written adjustment has been agreed. It is important that we receive payment on time. Failure to complete payment after this time will result in an automatic reminder when the invoice is overdue, and automatic account suspension should the invoice remain unpaid for more than 3 days. This applies to all accounts.
- If an invoice is unpaid, the related services will be suspended until such time that payment is received and you inform us by email that you have paid. At this point we will use all reasonable endeavours to restore service within 48 hours.
- Unless otherwise stated, all payments must be received in GBP (£). If you pay by foreign bank transfer, then you must be responsible for all foreign currency charges and exchange rates.
- We reserve the right to alter our prices at any time and will notify you of any alteration by providing you with a written notice. Notice of any price alteration will be sent via email to the email address that we hold for you in our account. If you have already purchased a particular service then the price alteration will only become effective when the service reaches the end of its current term.
- You warrant that you are lawfully authorised to make payment using the payment card or facility you disclose to us. In the event where you are not the named cardholder, you acknowledge that you and the named cardholder both accept these terms and conditions and are jointly and severally liable for any payment(s) due. You hereby indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.
- If you attempt a chargeback or dispute a transaction with your bank, we reserve the right to suspend all services provided to you with immediate effect. Services will remain suspended and until such time as the chargeback has been fully reversed in our favour .
Cancellation, refunds, termination and disputes
- Cancellation notices for all services must be given at a minimum of 48 hours in advance of the next billing date. No cash refunds will be granted unless a payment has been taken in error. Refunds for prepaid servers will only be granted where there is a genuine irreconcilable problem with the service and at management's discretion.
- A breach of any of our terms and conditions will result in immediate termination without refund.
- Any disputes should be expressed in writing via our support pages.
- Customers are responsible for all scripts, data and other objects on their accounts. Abusive scripts are scripts which interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity. Any account found to be the source of abusive scripts will be immediately suspended and investigated, and subject to action as detailed under Illegal Content below. We will always notify customers and, where necessary, fully co-operate with the authorities.
- You must not use the service for the transmission of illegal material. You agree to refrain from sending or receiving any materials which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force. You agree to refrain from sending or receiving any material which may be in breach of copyright (including Intellectual Property Rights), confidence, privacy or other rights. If you are in any doubt as to the legality of what you are doing, or propose to do, you should take independent legal advice.
- All content uploaded to your hosting service, including all WordPress sites, must conform to UK law. It is the user's sole responsibility to ensure this. Storage, distribution of or transmission of illegal materials may lead to investigation and possible prosecution by the relevant authorities.
- You must not gain or attempt to gain unauthorised access to any computer systems for any purpose. Such action may lead to criminal prosecution under the Computer Misuse Act.
- You must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans and ping storms).
- You must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as 'spam' ,'UBE','UCE' ).
- You are prohibited from running 'port scanning' or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. We may ask for evidence of such permission.
- You must take all reasonable steps to ensure that your password and login credentials remain confidential.
- Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.
- Sites must not contain 'hateful' material or content which seeks to incite hate.
- Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful in the UK or which is deemed to be distasteful at our sole discretion.
- Sites must not contain 'warez', copyrighted music/videos or links to such content. It is the sole responsibility of the user to ensure that they have the rights to distribute any content displayed on their website.
- Sites must conform to UK copyright law.
- Under no circumstances will we tolerate threatening or abusive behavior towards our employees. Should this occur, we reserve the right to terminate the hosting agreement with immediate effect.
- Should the client, during the course of a telephone conversation, email or support ticket, make reference to “legal action” or say anything we might reasonably understand to imply or infer that the client may intend to pursue a legal claim against us, we reserve the right to refuse telephone support going forward. Any further correspondence must then be sent by email or support ticket.
- Should we feel that your needs would be better served by another provider, we reserve the right, at our sole discretion, to terminate the hosting agreement. Where it is reasonable to do so, we will provide 30 days notice of termination and provide a backup of all website content and email.
Rights on Termination
- Termination of this agreement does not affect your pre-existing liability, if any or affect our right to recover damages or pursue any other remedy in respect of any breach of this agreement by you.
- In the event of us terminating this agreement due to breach of these conditions by you, we shall be entitled to the balance of all payments which would but for such termination have accrued up to the earliest date on which this agreement could have been terminated by you.
- Setup fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method.
A change of details
- We have the right to change any username or password allocated to you for the purpose of essential network maintenance, enhancement modernisation or other work deemed necessary to the operation of the Internet.
- Similarly, we have the right to alter the hosting environment your site runs into one with like-for-like features, as long as reasonable notice is given and there is no disruption to service. The only reason we would do this is if it represented an ‘upgraded’ environment for you, the end user.
- Web usage includes the use of web space provided with client accounts, web hosting on our servers and the use of web services and space on customer colocated servers. We cannot and do not proactively monitor content on any web space maintained by customers (whether customer space, web hosted or colocated services) and cannot and do not guarantee that such sites are free of illegal content or other materials that may be considered unacceptable.
- You undertake sole responsibility for the content of web pages owned and/or operated by you - whether on client pages, web hosted space or colocated servers - within our domain or other domains hosted within our network.
- You undertake sole responsibility to ensure that all materials on any website owned or operated by you contains material that you have created or have permission to use.
- You undertake sole responsibility for any dispute involving Copyright or Intellectual Property Rights associated with your site or service.
- You must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation). You should be aware that the internet is a global communications network and what may be legal in the UK may be illegal elsewhere and leave you liable to prosecution in another country.
- Legal adult content as defined by UK law is allowed on our servers however you must inform us as we will host your site on a separate IP to prevent any SEO implications for other clients.
- We may undertake investigation of content services if potential abuse is brought to our attention and we reserve the right to remove any web page on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination without refund.
- We are unable to assert fitness for any specific purpose and as such the Orbital Applications Limited cannot be held liable for any form of consequential loss or damage caused directly or indirectly by use of our service, misuse of our service, downtime, service issues, data loss or any other event.
- Our maximum aggregate liability to you under or in connection with this agreement in respect of any direct loss, whether such claim arises in contract or in tort shall not exceed a sum equal to twice the fees paid by you for the services in relation to which your claim arises during the three period prior to such claim.
- None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from our negligence, the negligence of our employees or our sub-contractors. We will not be liable for any interruptions to services arising directly or indirectly from:
- Interruptions to the flow of data to or from the internet
- The effects of the failure or interruption of services provided by a third party
- Factors outside our reasonable control
- Your actions or omissions
- Problems with your equipment and/or third party equipment
- No action or proceedings against us arising out of or in connection with this agreement shall be commenced more than one year after services rendered, and both parties acknowledge that this clause constitutes an express waiver of any rights under any otherwise applicable statute of limitations.
- Our backups are intended as a convenience service and are not guaranteed or intended to replace your backup procedures. It is your sole responsibility to ensure you have a backup of all your important data.
- Our security / malware scans are intended as an advisory service and are not guaranteed or intended to guarantee the security or safety of your sites and servers.
Third Party Services
- Some of the services we provide (servers, SSL certificates) are fulfilled by a third party provider.
- All third party software and hardware shall be sold subject to your acceptance of the relevant supplier’s software licence for such third party software. Where possible, we shall forward to you any and all representations and warranties we receive from the respective third party software supplier.
- We will not be responsible for any failure to provide any services or perform any obligation because of any act of God, strike, lock-outs or other industrial disputes.
- Any notice or communications required or permitted to be delivered by us to you shall be deemed to have been given if delivered by e mail in accordance with the contact information that you have provided.
- You shall not assign, transfer, charge or deal in any other manner with this Agreement or any of its rights under it nor purport to do the same without our prior written consent.
- We may at any time, assign (absolutely or by way of security and in whole or in part), transfer, mortgage, charge or deal in any other manner with the benefit of any or all of any other party’s obligations or any benefit arising under this agreement.
Amendment in Writing
- We may update or amend these terms and conditions from time time to comply with law or to meet our changing business requirements.
- This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
- Nothing in this clause operates to limit or exclude any liability for fraud
- If any provision of this agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
- If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
Governing law and Jurisdiction
- This agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.
- The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).