Terms of Service
These are the terms and conditions under which Hostingo supplies services to you. All terms are effective from the date of your electronic submission of the order.
CLAUSE 1: THESE TERMS
- What these terms cover: These are the terms and conditions under which Hostingo supplies services to you. All terms are effective from the date of your electronic submission of the order.
- Why you should read them: Please read these terms carefully before you submit your order to us. These terms outline who we are, how we provide services, how you and we may change or end the contract, what to do if there's a problem, and other important information.
- Amendment of Terms: Hostingo may, at its sole discretion, change or modify this Agreement and any incorporated policies or agreements. Your continued use of the website or our services will constitute your acceptance of the amended Agreement.
CLAUSE 2: OUR CONTRACT WITH YOU
- How to contact us: You can reach us via the contact methods mentioned or by logging into your client area at https://hostingo.com/.
- How we may contact you: If we need to reach you, we will do so by writing to the email address you provided when placing your order. If unsure about a caller's identity, please contact us directly.
CLAUSE 3: OUR CONTRACT WITH YOU
- How we will accept your order: Placing an order on our website doesn't guarantee acceptance. Our acceptance occurs when you receive confirmation that your order has been fulfilled, and a contract is formed. Payment must be received before services are provided.
- If we cannot accept or fulfill your order: We'll inform you and refund any money paid if we can't accept or fulfill your order, for example, if your desired domain name is unavailable.
- Account Details: You'll be asked to create an Account to access our services. Keep login details secure. Notify us of any unauthorized use or security breach.
CLAUSE 4: OUR PRODUCTS
CLAUSE 4.1: DOMAINS
- Domain Registration: We don't guarantee the availability of a requested domain name. Domains are registered in your name, and you're responsible for accurate WHOIS data.
- For all applicable gTLDs: We act as a Designated Agent, per ICANN's Transfer Policy. You authorize us to approve changes to the registrant's details.
- Checking the registration/renewal: It's your responsibility to ensure domain registration, renewal, and/or transfer. We're not liable for any failure to register or transfer the domain.
- Third-Party terms and conditions: Domain registration is subject to third-party terms. You confirm compliance with ICANN and relevant registry terms and conditions.
- Domain Renewals: We'll attempt to renew a domain on your behalf, subject to your instructions and payment.
- Expired Domains: A domain may enter a grace and/or redemption period after expiry. You have a Grace Period to renew the domain, or it may be auctioned, details changed, or transferred.
CLAUSE 4.2: HOSTING
- Free Domain Offer: Some hosting packages include a free domain registration or transfer, subject to conditions.
- Purpose of Services: Our services are for hosting websites and email.Prohibited activities include adult pornography streaming and are not allowed.
- Suitability of Hosting Environment: Resource usage is limited for stability. 'Unlimited' allowances are subject to fair use.
- "Unlimited" Allowances: Excessive usage may lead to advice, upgrade suggestions, or billing adjustments.
- Service Needs: We may advise if the selected service doesn't meet your needs. We're not obliged to provide inadequate services.
- Migration Service: We offer a free migration service, aiming to complete within 72 hours.
- Changes to the hosting environment: We reserve the right to change the hosting environment for upgrades or operational reasons.
- Upstream Providers: You must comply with our upstream providers' terms.
- CDN and Bandwidth Usage: In certain locations, we may require CDN usage to optimize page loads and reduce bandwidth.
- No Guarantee: We don't guarantee defense against a denial of service attack unless specified.
- Service uptime: We aim for 99.9% uptime, excluding planned maintenance. Backups are a best-effort service.
- Disruption to Services: We're not responsible for disruptions beyond our control, e.g., issues with upstream providers.
CLAUSE 5: PROVIDING THE SERVICES
- Service costs: Service costs are as displayed on our website.
- When we will provide the services: Services are supplied until the subscription expires, is terminated, or we end the contract.
- What will happen if you do not provide required information: Failure to provide necessary information may result in contract termination or additional charges.
- Reasons we may suspend or disable the supply of services: We may suspend services for technical reasons, updates, legal compliance, your breach, or to address third-party claims.
- Your rights if we suspend the supply of services: You'll be notified, and if services are suspended for more than 24 hours in any 7-day period, adjustments will be made. You can terminate the contract if services are suspended for more than 120 hours.
- Service suspension: Suspension or overdue services may result in data loss or IP address changes. You're responsible for service costs.
CLAUSE 6: YOUR OBLIGATIONS UNDER THE CONTRACT
- You are responsible for the content on your Account: Customers are responsible for all content on their accounts.
- You must not use the service for transmission of illegal material: Transmission of offensive, abusive, indecent, defamatory, or illegal materials is prohibited.
- You must not gain unauthorized access to computer systems: Unauthorized access, forged addresses, or activities adversely affecting remote machines are prohibited.
- You must not participate in open relay or send unsolicited bulk email ('spam'): Prohibited activities include 'spam' and open proxy servers.
- You agree not to send or receive material breaching copyright, confidence, privacy, or other rights: Compliance with international copyright law is required.
- Open proxy servers are not allowed: Immediate termination may occur for open proxy servers.
- Sites must not contain 'hateful' material: Prohibited content includes material promoting hate, displaying unlawful or pornography.
- Sites must not contain 'warez,' copyrighted music/videos, or links to such content: Ensure rights to distribute displayed content.
- Sites must conform to international copyright law: Compliance with international copyright law is required.
- Registration of domain names: Responsibility for domain registration compliance rests with you.
- On transferring domain ownership: Ensure the transferee agrees to this Agreement.
- We won't transfer domain ownership until all due fees are paid: Domain ownership transfer requires payment of all outstanding fees.
- In case of trademark infringement complaint: Domain may be placed on hold pending resolution.
- We'll cooperate with authorities under the Regulation of Investigatory Powers Act.
CLAUSE 7: ACCEPTABLE EMAIL USAGE
- We provide the ability to send e-mails using SMTP: Intended for day-to-day communication with outbound mail scanned by a spam filtering system.
- Zero-tolerance policy against spam: Sending bulk, unsolicited e-mails is prohibited.
- By purchasing the services, you agree: Not to send emails causing annoyance, distress, or anxiety; not to send distressing, offensive, indecent, obscene, menacing, or unlawful material.
- Not to use mail services for unsolicited bulk email ('spam'): Ensure compliance with opt-out policies and use proper channels for bulk emails.
- Not to use mail services with intent to deprive others of service ('mail bomb'):
- Prohibited activities include attempts to deprive others of service.
- Not to use false mail headers or alter mail headers: Prohibited activities include using false or altered mail headers.
- Not to use any unauthorized email addresses: Use only authorized and legitimate email addresses.
- To ensure email servers connected to our network are not configured for 'open relay':
- Prohibited activities include 'open relay' configuration.
- To take full responsibility for your email reputation: You're responsible for managing your email reputation.
- Not to take any action breaching obligations under the General Data Protection
- Regulations or Data Protection Act 2018: Compliance with data protection regulations is required.
CLAUSE 8: ACCEPTABLE WEB USAGE
- Web usage includes web space, hosting, and dedicated servers: We don't monitor customer content but bear no responsibility for it.
- You are responsible for ensuring website content is your own or used with permission: Responsibility for website content lies with you.
- Resolve disputes involving Copyright or Intellectual Property Rights: Indemnify Hostingo against associated costs.
- Do not use websites for promoting illegal material: Prohibited activities include the promotion of illegal material.
- Legal adult content is not allowed: Prohibited content includes legal adult material.
- We can investigate content services, remove web pages, and terminate accounts for abuse or illegal content: Actions may be taken against accounts violating policies.
CLAUSE 9: YOUR RIGHTS TO END THE CONTRACT
- Standard service user termination: Cancel service before renewal for a refund or cancel within specified periods.
- Dedicated server user termination: Provide 24-hour notice before the next billing date.
- No refunds for prepaid months: Cancellation doesn't entitle you to a refund for prepaid months.
- Faulty or misdescribed services: Notify in writing; a refund may be decided on a case-by-case basis.
- Money-back guarantee for changed minds within specified periods: Legal right to a refund within 14 days; exceptions apply.
- Inappropriate or illegal activity: Immediate account suspension for illegal content; no refunds apply.
- Processing refunds within 7 working days: Refunds will be processed in a timely manner.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013): Legal right to a refund within 14 days; exceptions apply.
CLAUSE 10: HOW TO END THE CONTRACT WITH US
- Log into Hostingo: View the product, raise a cancellation request with reasons, and request a refund if eligible.
CLAUSE 11: OUR RIGHTS TO END THE CONTRACT
- We may end the contract for non-payment or failure to provide necessary information: Compensation may apply.
- We may withdraw services with a 30-day notice and refund prepaid amounts: Services may be withdrawn with notice.
CLAUSE 12: PRICE AND PAYMENT
- The price is as indicated on the order pages: Prices may change, and alterations take effect at renewal.
- Adjustments for changes in the VAT rate: Adjustments will be made for changes in the VAT rate.
- Price alterations notified via email: Price alterations will be notified via email and take effect at renewal for fixed-term contracts.
- Correcting price errors: Refund for lower correct price; contact for higher correct price.
- Payment by major methods: Payment methods are specified, and authorization for payment is warranted.
- Chargeback consequences: Account suspension, termination, and an administration fee apply for chargebacks.
- Payment due at the time of order: Non-refundable amounts unless specified.
- Invoices sent in advance: Invoices are sent in advance and viewable in Hostingo.
- Late payment interest charge: Interest is charged for late payments.
- Dispute resolution for incorrect invoices: Interest is not applied until dispute resolution, with post-resolution interest on correctly invoiced sums.
CLAUSE 13: OUR RESPONSIBILITY FOR LOSS OR DAMAGE
- Responsible for foreseeable loss and damage: Responsible for foreseeable loss resulting from our breach or lack of reasonable care.
- No exclusion or limitation of liability for unlawful actions: No exclusion or limitation of liability for unlawful actions.
- Not responsible for damages due to server unavailability, website deletion, or configuration issues: Limited liability for server-related damages.
- Not liable for business losses: Not liable for business losses.
- Limit of liability: Aggregate liability limited to twice the fees paid in the 12-month period.
CLAUSE 14: HOW WE MAY USE YOUR PERSONAL INFORMATION
- Use of personal information outlined in the privacy policy: Personal information is used in accordance with the privacy policy.
CLAUSE 15: OTHER IMPORTANT TERMS
- We reserve the right to transfer this agreement: We may transfer the agreement to another organization, with prior notification to you.
- You must obtain our written consent to transfer your rights or obligations: Written consent is required for transferring rights or obligations.
- This contract is strictly between you and us: No other person shall have the right to enforce any terms of this contract.
- If any part of this contract is deemed illegal by a court: The remaining terms will remain in full force and effect if any part is deemed illegal.
- Our delay in enforcing this contract does not waive our right to enforce it later: Delay in enforcement doesn't waive the right to enforce it later.
- Governing laws and legal proceedings: Governed by English law; legal proceedings can be brought in English, Scottish, or Northern Irish courts based on your residence.