Terms & Conditions

1.1 Acceptance

It is not necessary for you to have signed an acceptance of these terms & conditions to apply. The Client’s acceptance of services via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted these terms & conditions.

1.2 Charges

1.2.1 Charges displayed on our website are are subject to change and / or variation based on individual clients requirements.

1.2.2 Charges for the Services are defined in the quotation that the Client receives from us via email. Quotations are valid for a period of 28 days. We reserve the right to alter a quotation or decline to provide the relevant Services after expiry of the 28 days.

 1.2.3 Unless agreed otherwise or as defined in terms relating to a specific service, all charges should be paid in full upon acceptance of the quotation as defined in section 1.3.

 1.2.4 We my incur additional expenses necessary for the completion of the work, outside of the original quotation. Examples would be purchase of special fonts, stock photography, additional plugins or changes by the client to the original scope of work. In this case an additional quotation will be provided to the client that will have to be agreed and paid in full.

 1.3 Payments

1.3.1 An invoice will be provided to the client requesting payment of the agreed charges via our secure customer portal and an email copy sent to the clients registered email address. 

 1.3.2 An Invoice for services charged on a monthly basis will be issued 14 days before the next renewal date. An Invoice for services charged on a annual basis will be issued 30 days before the next renewal date.

 1.3.3 Unless agreed otherwise, all payments should be received by us no later than the due date stated on the invoice. Failure to pay any invoice by the stated due date may result in suspension or cancellation of the services. We will not be responsible for any down time or access to the services due to the clients failure to pay any charges by the invoice due date.

 1.3.4 All payments should be paid via bank transfer to the bank account stated on the invoice. Direct debit payments can be setup via the client portal and payments will be taken automatically 5 days before the invoice is due.

1.3.4 Orders placed Online via our store must be paid for during checkout. Services will not be provisioned or made live until payment has been received. All online payments are processed via Stripe Payments UK. 

 1.4 Default
1.4.1 Accounts unpaid twenty-eight (28) days after the invoice due date will be considered in default and all services will be terminated. 

1.4.2 If the Client in default maintains any material on our server space, including but not limited too website source code, databases, emails, images and text files, we will, at our discretion, remove all such material from our servers. We are not responsible for any loss of data incurred due to the removal of the material. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.

 1.4.3 Clients with accounts in default agree to pay us reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by us in enforcing these Terms and Conditions.

 1.5 Disputes

You shall promptly provide us with written notice of any disputes or concerns you have with respect to any invoices, charges, and payment made hereunder; and in any case, you shall notify us of such a dispute or concern within fourteen (14) days of your receipt of such invoice or charge to allow ample time for us to resolve your concern.

 1.6 Termination
1.6.1 Either party may terminate the services upon giving at least thirty (30) days prior written notice to the other party of its intent to terminate the service.

 1.6.2 Telephone requests for termination of services by the client will not be honoured until and unless confirmed in writing. 

 1.6.3 As an exception, either Party has the right to terminate the services immediately, irrespective of the minimum notice period if the other: a) Has committed a breach of these terms and conditions, unless the breach is capable of remedy, in which case the innocent Party will have the right to terminate if the other Party has failed to remedy the breach within 14 days after receiving written notice to do so. b) Goes into bankruptcy or liquidation either voluntary or compulsory (except for the purpose of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.

 1.6.4 If this Contract is terminated, we will continue to provide the Services and you will continue to pay the charges during any period of notice, except in accordance with the exceptions in section 1.5.3. You will also be required to pay us immediately for any other Services we have provided at your request that have not yet been paid for.

 1.7 Warranties & Liability

1.7.1 You accept full and exclusive responsibility for your business’ performance, profits, sales and customer satisfaction. Accept exclusive responsibility for understanding and ensuring compliance with any regulatory, legal, or contractual obligations related to your business, including without limitation, data held by you and your customers, information provided by you to your customers and/or other third parties, and any safeguarding and security measures that may be required. We may participate in implementing needed systems, services and functions for compliance, but you are solely responsible for the final outcomes, actions taken, and results produced.

 1.7.2 Accept full liability for any losses or cost sustained or incurred by you or arising directly or indirectly as a result of a failure on your part to meet any of the above terms & conditions or for defaulting on Payment.

 1.7.3 In addition, we will not be liable by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained herein, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our servants or agents or otherwise) in connection with the performance of our obligations under these terms.

 1.7.4 We warrant that the Services to be provided hereunder will be performed in a professional manner consistent with the standards of the industry.

1.7.5 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these terms & conditions, without your prior consent. If we use subcontractors, we accept full responsibility for every act or omission of the sub-contractor as if it were an act or omission of our own.

 1.7.6 No other warranties of any kind whether express or implied with respect to this Agreement or the services including, but not limited to, any implied expectation of ranking, profitability, or usage for a particular purpose.

 1.7.7 In the event of a breach or failure by us to execute our express obligations under these term, your remedies will be limited to damages, which in any event, will not exceed the fees and expenses paid by you for the Services in the preceding 6 month period.

1.7.8 Nothing in these terms & conditions excludes or seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

 1.8 Indemnification

1.8.1 You agree to hold harmless, defend and indemnify us, our employees, contractors, directors and agents, from and against any and all demands, claims, causes of action, fines, penalties, damages (including consequential), liabilities, judgments, and expenses (including without limitation reasonable attorneys’ fees) incurred in connection with or arising from any breach by Client or its employees, agents, guests, or invitees of this Contract.

1.8.2 If any action or proceeding is brought against us, our employees, contractors, directors or agents by reason of such claim for which you have indemnified us, you agree to, upon written demand from us, defend the same at your own expense, with counsel reasonably satisfactory to us.

 1.9 Force Majeure

Neither Party shall be liable for any failure or delay in performing their obligations under these terms & conditions where such failure or delay results from any cause that is beyond the reasonable control of that Party.

Such causes include, but are not limited to: power failure, internet service provider failure, strike, lockout, civil unrest, acts of malicious computer programs and code (including but not limited to viruses, Trojan horses, worms, malicious macros, and scripts), shortages, accidents, casualties, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, epidemics or any other event beyond the control of the Party in question.

 1.10 Jurisdiction and Interpretation

This Contract will in all respects be subject to and construed in accordance with the laws of England & Wales.

The interpretation of these terms and conditions is agreed upon by both parties to be clear and leave no doubt upon the terms and definitions used herein. No third party may assign a different interpretation to the agreed terms. Any dispute between the Parties will be referred to the exclusive jurisdiction of the courts of England and subject to interpretation under court hearing.

 1.11 Confidentiality

Each Party undertakes that throughout the duration of the services, the Parties may disclose certain confidential information to each other. Both Parties agree that they will not use the confidential information provided by the other, except to perform their obligations under these terms and conditions.

Each Party will maintain the information’s confidentiality and will not disseminate it to any third party, unless so authorized by the other Party in writing.

1.12  Third Party Services & Products

1.12.1 Upon request the client agrees to provide us with access credentials too 3rd party services such as but not limited to, servers, hosting control panels, storage directories, Google accounts, Social media accounts & website control panels so that we can meet our service obligations.

1.12.2 In the event that the Client is using a third-party server, it is the responsibility of the Client and any third party host to ensure that the server is compatible with any services supplied by us. We will assist the Client to configure any 3rd party server if this is required. However, this may be subject to additional charges.

1.12.3 Any third party software, such as but not limited to, WordPress plugins and themes, which we agree to provide shall be supplied in accordance with the relevant licensor’s standard terms. Any licence fees for such third party software will be included in the Charges payable pursuant to section 1.2.

The below terms and conditions apply solely to WordPress Web Design Services and are additional to the terms and conditions set out in section 1.

2.1 Charges

All Web Design & Development services require an advance payment of fifty (50%) percent of the quotation total before the work is to commence on the clients website, with the remaining fifty (50%) percent, of the quotation total due upon completion of the work, or after 28 days from the initial payment, whichever is sooner, prior to upload to the server or release of materials.

2.2 Client Review
2.2.1 We will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed.
2.2.2 At the completion of the services, such materials will be deemed to be accepted and approved unless the Client notifies us otherwise within ten (10) days of the date the materials are made available to the Client.

2.3 Turnaround Time and Content Control
2.3.1 We will install and publicly post or supply the Client’s website by the date specified in the quotation, or at a date agreed with Client upon us receiving initial payment, unless a delay is specifically requested by the Client and agreed by us.
2.3.2 In return, the Client agrees to delegate a single individual as a primary contact to aid us with progressing the commission in a satisfactory and expedient manner.
2.3.3 During the design and development, we will require the Client to provide website content such as but not limited to text, images, video and product data to populate the website.

2.3.4 All Text content should be delivered as a Microsoft Word, pdf file, txt file, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages.
2.3.5 All images should be provided in JPG or PNG format. Videos should be supplied in MP4.
2.3.6 All the required information & content should be supplied to use upon acceptance of the quotation or at two (2) weeks prior to the agreed completion date, which ever is sooner.

2.3.7 On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25% of the quotation total.
2.3.8 If you agree to provide us with the required information and subsequently fail to do before the agreed time, two (2) weeks prior to the project completion date, we reserve the right to close the project and the balance remaining becomes payable immediately.

2.4 Copyright
2.4.1 The Client retains the copyright to data, files and graphic logos provided by the Client, and grants us the rights to publish and use such material.
2.4.2 The Client must obtain permission and rights to use any information or files that are copyrighted by a third party.
2.4.3 The Client is further responsible for granting us permission and rights for use of the same and agrees to indemnify and hold us harmless from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
2.4.4 Acceptance of these terms & conditions shall be regarded as a guarantee by the Client to us that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

2.5 Web Browser Compatibility
2.5.1 We makes every effort to ensure websites are designed and developed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.).
2.5.2 The client agrees that we cannot guarantee correct functionality with all browser software or across different operating systems or devices.
2.5.3 We cannot accept responsibility for web pages which do not display acceptably in obsolete versions or new versions of browsers released after the website has been designed and handed over to the Client.
2.5.4 As such, we reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

2.6 Post-Placement Alterations & Periodic Updates
2.6.1 We cannot accept responsibility for any alterations caused by the client or a third party occurring to the Client’s website post delivery. Such alterations include, but are not limited to additions, modifications or deletions.

Unless the client has agreed to Website maintenance Services provided by us, It is the clients responsibility to update and maintain the website, including but not limited to, content updates, source code updates, installation or update of plugins and templates.

We cannot accept responsibility for any errors or issues caused by outdated scripts or future updates to any source code, plugins or templates post delivery of the website.

2.7 Design Credit

2.7.1 A link to our website will be appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £2000, a fixed fee of £200 will be applied.

2.7.2 The Client agrees that the website developed for the Client may be presented in our portfolio, and hereby grants us a worldwide, perpetual, non-exclusive licence to use its name, logo and branding for advertising, marketing and promotional activities.

The below terms and conditions apply solely to Search Engine Optimisation (SEO) Services and are additional to the terms and conditions set out in section 1.

 3.1 Unless agreed otherwise all SEO services will be charged at a monthly rate, as agreed in the quotation, for a minimum of 6-months, no cancelation term.

 3.2 Cancelation or failure to pay the monthly charges within the initial 6-month period will result in default as set out in section 1.4 and we will seek to recover any outstanding charges to the total sum of 6 months.

3.3 After the mandatory no-cancellation term, this Contract will continue on a rolling month-to-month basis until terminated in accordance with section 1.6.

3.4 As part of our SEO services to the client we agree to complete the following tasks, including but not limited to; 

1. a) Researching keywords and phrases to select appropriate, Targeted Keywords.
2. b) Obtaining “back links” from other related websites and directories in order to generate link popularity and traffic.
   c) Editing and/or optimization of text for various html tags, meta data, page/product titles, and page/product text as necessary.
   d) Analysis and recommendations on optimal website structure, navigation, code, etc. for best SEO purposes.
   e) Recommend, as required, additional web pages or content for the purpose of “catching” keyword/phrase searches.
   f) Create monthly traffic and ranking reports for the website and any associated pages showing rankings in the major search engines.

3.5 We agree to carry out all SEO related Services that will continually adapt to meet the needs of the SEO industry as these evolve. We reserve the right to adjust from time to time the tasks and methods in the best interests of your website & business. We will notify you in writing of any significant changes to our SEO services and our reasons behind the decision.

 3.6 You agree and understand that a specific search result ranking, Domain Rating, or similar metric is not in any way guaranteed by us to you. It is also mutually understood that since search engines have their own proprietary algorithms that change with time, we will perform the Services within our exclusive scope of abilities in any given moment. 

 3.7 You agree that we cannot be held liable for any results outside of our control, such as the quality of leads or sales made by your team. You acknowledge that we have no control over changes to search engine policies or algorithms.

 3.8 You understand and accept that at any time the third party search engines and platforms in their sole discretion may affect how your website content, pages, and domain are viewed and displayed and thereby, your website may lose rankings or be excluded from search results at the sole discretion of the search engines. You agree to not hold us liable for any such negative impact to your rankings. We assume no responsibility for the actions and algorithms of these search engines and platforms.

 3.9 Provided that we upheld our obligations hereunder, you agree that no refunds or discounts will be given for any negative impact on the part of any search engine. While we will provide professional advice in relation to the Services on a continual basis, you certify that we have not given nor implied any guarantees regarding your website rankings in search engines due to these beyond our scope and control.

3.10 However, if we fail to increase traffic to your website by 35% after 6 month of services, We will continue SEO services at no added cost to the Client until such a percentage is met.

3.11 If deemed beneficial for SEO purposes, a link to our website will be placed on your website to assist with link building. We will reciprocate with an inbound link from us so long as the outbound link to our website remains visible on your website.

The below terms and conditions apply solely to WordPress Website Support & Maintenance services and are additional to the terms and conditions set out in section 1.

4.1 All WordPress Website Support & Maintenance services will be charged on a rolling month-to-month basis or annually until terminated in accordance with section 1.6.

4.2 All support and maintenance services are provided between the hours of 8am-5pm GMT.

4.3 Support tickets can be logged 24 hours per day, 7 days per week.

4.4 All support is provided via our ticketing system. There is no provision in any agreement for telephone or live chat support services.

4.5 Response times for Standard, Enhanced and Premium plans are 48 hours, 24 hours, and 8 hours respectively. These are the maximum times and we endeavour to respond to your requests as quickly as possible.

4.6 We work to resolve support tickets as soon as possible. The time to resolve any support ticket will depend on the volume of tickets at any given time, the complexity of the ticket, and whether or not any third parties need to be part of the solution i.e. theme or plugin developers. We cannot provide an exact fix time for support tickets.

4.7 Routine maintenance tasks are completed monthly for Standard & Enhanced plans and weekly for premium plans. Route maintenance tasks may include but not limited to WordPress Core Updates, Plugin and template updates, Clear Caches, Database optimisations & security monitoring and updates.

We may perform routine maintenance more frequently then stated above, depending on our knowledge of security or other threats that may impact your website.

4.8 Standard, Enhanced and Premium plans include a total of 30, 60 & 90 minutes respectively per month for us to complete maintenance tasks, support issues arising from updates performed and other website tasks you may require us to complete on your behalf.

4.9 Other website tasks may include but are not limited to; Editing and adding content on a page or post with text or images you provide, small styling changes via the page builder or CSS, adding a new plugin with its default settings, adding a product to your WooCommerce store.

4.10 Support & Maintenance time cannot be used for SEO Service, Building a new website, editing or writing any custom code, migration of your website from one server/host to another, support for 3rd party hosting services, graphic design, content creation or sourcing images. This list is not exhaustive and may exclude other services not listed.

4.11 Where we deem a support request to be outside the scope our maintenance and support plans or where the support request will exceed the monthly time allowance included with the plan, a quotation will be provided to client stating the charges required to completed the request.

4.12 Any unused time included with Standard, Enhanced and Premium packages does not roll-over to the following month.

4.13 Backups are performed once per month for the Standard plans. Backups are performed once per week for the Enhanced plans. Backups are performed once per day for the Premium plans.

4.14 All plans include Enhanced Security Monitoring and Protection, Malware Scanning, Website uptime monitoring, Domain Name Monitoring, SSL certificate monitoring and Page Speed Monitoring & Insights.

These services are offered additional to the WordPress Maintenance and Support services free of charge. We are in no way obligated to provide these services as part of our Maintenance and support packages and reserve the right the cancel or suspend them at anytime.

4.15 A monthly report will be generated and emailed to the client on the 28th of each month detailing all maintenance activity completed by us on your website.

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 keep a copy of these General Terms (and any relevant Schedules) and that you print out these General Terms (and any relevant Schedules) from the Website (as defined below) by clicking on the “Print” icon on your browser so that you can keep them for future reference.

1. About Us And These General Terms:

1.1 About us: “We”, “us” or “our” means GTK Online, a sole trading entity in England and Wales.

1.2 These General Terms: These General Terms govern your submission of an order to us for our provision of services to you through the www.gtkonline.co.uk 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 and the relevant Schedules (as defined below).

1.3 The Schedules: Specific terms for our provision of particular services to you are set out here, in the form of Schedules (as defined below). If you submit an order for specific services, you agree to be legally bound by the relevant Schedules (as defined below) as well as 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. All amendments to the Terms and Conditions will be posted on the Website and emailed to you. If you do not like the changes we make, you can terminate this Agreement – please see Clause 13.2.1 for more information. Continued use of the Services will, however, be deemed to constitute acceptance of the new Terms and Conditions. No other terms or changes to the Terms and Conditions will be binding unless agreed in writing signed by us.

1.5 Definitions and interpretation: In this Agreement:

1.5.1 the following terms shall have the following meanings:

Account – has the meaning given to it in Clause 4.1;

Agreement – the legal and binding agreement that is in place, on the basis of these General Terms and the relevant Schedule(s), for us to provide certain services to you once you have submitted to us an Order and we have issued to you an Order Acceptance. If you make more than one Order, each Order shall, if subject to an Order Acceptance, constitute a separate “Agreement”;

Breach of Duty – the breach of any: (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);

Business Customer – you are a business customer if you enter into the Agreement and you are not a Consumer;

Business Day – any day other than: (i) a Saturday; (ii) a Sunday; or (iii) a day when the clearing banks in the City of London are not physically open for business;

Business Hours – 9.00am to 5.00pm on Business Days;

Confidential Information – any information in any form or medium obtained by or on behalf of either Party from or on behalf of the other Party in relation to this Agreement which is expressly marked as confidential or which a reasonable person would consider to be confidential, whether disclosed or obtained before, on or after the date of this Agreement, together with any reproductions of such information or any part of it;

Consumer – you are a consumer if, in entering into this Agreement, you are an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession;

Fees – the fees payable by you to us for our provision to you of the Services, as set out in each Schedule for each relevant Service, and otherwise on the Website at the time that you submit your Order to us and confirmed in the Order Acceptance;

Intellectual Property Rights – copyright and related rights, trade marks and service marks, trade names and domain names, rights under licences, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, patents, rights to inventions, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

Liability – liability in or for breach of contract, Breach of Duty, torts (including negligence and intentional torts), deliberate breach (including deliberate personal repudiatory breach), misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and, for the purposes of this definition, all references to “this Agreement” shall be deemed to include any collateral contract);

Material – material that you upload (or permit to be uploaded) onto our servers as part of our provision of the Services, including any and all materials, works of authorship, software, files, multimedia and audiovisual material, tools, processes, systems, manuals, databases, database structures, a website’s “look and feel”, content, documents, records, reports, ideas, know-how, information, text, data, diagrams, artwork, screenshots, drawings, plans, descriptions, specifications, images, graphics, domain names and marks (in whatever form and on whatever media);

Order – the order submitted by you through the Website for the receipt of certain services from us;

Order Acceptance – our written communication to you in which we accept your Order in accordance with Clause 5.8;

Order Acknowledgement – our acknowledgement of your Order;

Party – either us or you, and “Parties” shall mean both of us and you;

Schedule – a schedule containing a specific description of particular Services to be provided by us to you;

Services – the services and online products that we provide to you under this Agreement, some of which may be more particularly described in the relevant Schedule(s);

Support Services – has the meaning given to it in Clause 8.1;

Terms and Conditions

these General Terms and the Schedules; and “you” or “your” our customer who registered for an account on the Website to submit an order to us for the receipt of services from us;

1.5.2 references to “Clauses” are to clauses of these General Terms;

1.5.3 references to “Paragraphs” are to paragraphs in a Schedule;

1.5.4 the headings are inserted for convenience only and shall not affect the interpretation or construction of these General Terms or any Schedule;

1.5.5 words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include the other gender and the neutral, and references to persons shall include an individual, company, corporation, firm or partnership;

1.5.6 reference to “written” or in “writing” includes the electronic form;

1.5.7 references to “includes”, “including”, “in particular” or “for example” or like words shall be deemed to be followed by the words “without limitation”; and

1.5.8 references to any statute or statutory provision shall include any subordinate legislation made under it, any provision which it has modified or re-enacted (whether with or without modification) and any provision which subsequently supersedes it or re-enacts it (whether with or without modification).

2. Age Restriction

By registering for an Account and submitting an Order, you warrant that you are at least 18 years of age.

3. Effect

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.

3.3 Entire Agreement (if you are a Business Customer): If you are a Business Customer, these General Terms, the Order Acceptance, the relevant Schedules, our Privacy and Cookies Policy and Terms of Use constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these General Terms, the Order, the relevant Schedules, our Privacy and Cookies Policy and Terms of Use.

3.4 Authority (if you are a Business Customer): You confirm that you have authority to bind any business on whose behalf you use the Website to submit an Order.

3.5 Conflict: In the event of any conflict between the provisions of these General Terms and the provisions of the Schedules and the Order Acceptance, then the following order of precedence shall apply:

3.5.1 the Order Acceptance prevails over

3.5.2 these General Terms, which prevail over

3.5.3 the Schedules.

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 the 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. See our Privacy and Cookies Policy for more details about this. You can provide us with that information by filling in the necessary information on the Website manually where indicated and then following the instructions on the Website.

4.4 Registering for an Account: Once you register for an Account, you will be asked to create a username and password for your Account. You may change this password by accessing your Account and following the instructions. You must keep the password confidential and immediately notify us if there is any unauthorised use of your email address or your Account or any breach of security otherwise known to you. You acknowledge that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your Account. Please note that you will be entirely responsible if you do not maintain the confidentiality of your password.

4.5 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.

4.6 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 without justification.

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. 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: Stripe or GoCardless 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 and the relevant Schedules each time you submit an Order.

5.7 Order is an offer only: Your Order is an offer to purchase Services from us, and it remains an offer until we issue our Order Acceptance or when we receive your notice that you would like to cancel your Order, whichever is earlier.

5.8 Accepting your Order: We shall not be obliged to provide any Services to you until we have accepted your Order for those Services. We may refuse to accept your Order for any reason (at our absolute discretion). Any Order Acknowledgement that we send to you, whether by email, letter or by any other media, is for your information only and is not an Order Acceptance. An Order Acknowledgement may contain an Order number and details of your Order. This Agreement will be formed when we accept your Order and become legally bound to provide the Services to you. Such acceptance takes place when we expressly accept your Order by sending you an Order Acceptance, whether by email, letter or any other media, which shall state that we are accepting your Order. An Order Acceptance shall take effect when it has been sent to you by us.

5.9 Invoicing: We may send you an invoice at any time after we have sent you an Order Acceptance.

5.10 Cancelling before acceptance: Until we have sent you an Order Acceptance, we reserve the right to refuse to process your Order, and you reserve the right to cancel your Order. If we or you cancel your Order before we have sent you an Order Acceptance, then we will arrange for you to be refunded any Fees that you have already paid in respect of that Order.

5.11 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. Please note that certain order changes may require an additional payment / administrative fee applicable to the change.

6. Provision Of The Services

6.1 Activation: When we send you an Order Acceptance, we will activate the Services that are the subject of your Order. We inform you of such activation in the Order Acceptance.

6.2 Term: Following the date of the Order Acceptance, this Agreement will continue in force until otherwise terminated in accordance with this Agreement.

6.3 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:

6.3.1 we shall use our reasonable skill and care in providing the Services;

6.3.2 our employees, agents and subcontractors have the necessary skill to provide any Services;

6.3.3 any Services will be provided in a professional, competent and workmanlike manner;

6.3.4 we have all necessary consents, rights and permission to enter into, and perform our obligations under, this Agreement; and

6.3.5 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.

6.4 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. Except for any matter in relation to which we specifically agree in writing to advise or do, we shall not be responsible, or have any Liability (subject to Clause 18.3 or Clause 19.3 (as applicable)) for advising on, or failing to advise on, or doing, or failing to do, anything else.

6.5 “Unlimited” features: Where we say, in this Agreement or on the Website generally, that features of the Services are “unlimited”, that is always subject to:

6.5.1 fair use – see full details of our fair usage policies on the ‘Fair Usage’ tab of our terms of service.

6.5.2 your use of the Services for what a reasonable person might consider to be the provision of a publicly available website;

6.5.3 Clause 7.12; and

6.5.4 your compliance with Clauses 7.2.11(e), 7.8, 7.10 and 7.11.

6.6 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 (subject to Clause 18.3 or Clause 19.3 (as applicable)) 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.

6.7 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 with Clause 13.2.1.

6.8 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.

6.9 Timescales: We shall use our reasonable endeavours to perform our obligations under this Agreement within any timescales set out in this Agreement. However (subject to Clause 18.3 or Clause 19.3 (as applicable)), we shall not have any Liability for any delays or failures to accurately perform our obligations:

6.9.1 if we have used those endeavours; or

6.9.2 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.

6.10 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.

6.11 Exclusions: Except where expressly stated in this Agreement, we exclude all conditions, warranties, terms and obligations, whether express or implied by statute, common law or otherwise, to the fullest extent permitted by law in respect of the Services.

6.12 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 (subject always to our Privacy and Cookies Policy).

6.13 No warranty as to compatibility: We do not warrant that the Services will be compatible with all Material.

6.14 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 (subject to Clause 18.3 or Clause 19.3 (as applicable)) we shall not have any Liability in respect of, the protection or security of any information held on the servers.

6.15 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:

6.15.1 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

6.15.2 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;

(j) does not permit self-stored backups, or the storage of media content such as video, gaming or other (at the discretion of management). More specific information regarding the types of permitted content can be found within the ‘Fair Usage’ document above.

(k) does not permit storage of archive files, such as .zip or .tar.gz. It is within our discretion on maintenance / cleanup tasks to remove these files when necessary.

(l) does not abuse trial and promotional codes, discounts or periods for the benefit of extended service or replacement to a fully paid service.

(m) does not permit the usage of teamspeak, or any other services making use of the hosting account solely for the purpose of gaming, chatbots, irc or chatrooms. This includes the use of the server solely for the purpose of remote mysql for such services.

7.2.12 promptly comply with our reasonable requests from time to time in connection with this Agreement; and

7.2.13 ensure that the Services are sufficient and suitable for your purposes and meet your individual requirements.

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 – any backups provided as part of a plan or service, are provided on the basis of a ‘courtesy addon’, and therefore do not come with any guarantees of availability. Subject to Clause 18.3 or Clause 19.3 (as applicable), 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. Should we have backups available, restoration of any account data will or may incur additional charges agreed to in writing. The minimum fee applicable to a restored account or service is £25 per account (however, the amount may vary, depending on the amount of data, or resource required to action the restoration process).

7.6 Indemnity as to Material: 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 of Clauses 7.1, 7.2, 7.3, 7.4 or 7.5. 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, provided we inform you by email seven days in advance.

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 in this Clause 8.2 as part of the Support Services at our absolute discretion. Subject to Clause 18.3 or Clause 19.3 (as applicable), 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. Resale of 3rd Party Services or Software

9.1 Third parties: Where the Services involve the resale by us to you of software owned, or services/products provided, by a third party, you purchase a licence to use that software and those services/products from the relevant third party, and you do so subject to the relevant third party’s software licence and/or terms and conditions, which will be made available to you on the Website; you will be directed to them on the relevant Services webpage, on our Terms and Conditions webpage and, in some instances, in a Schedule. You will receive no representations or warranties in respect of the license of such software and provision of services/products except those contained in the relevant third party’s licence and/or Terms and Conditions, and you acknowledge that the third party is able to terminate any licence and/or provision of services/products at any time.

9.2 Cost: The Fees for your purchase of a licence to third party software and/or third party services/products are dependent on the relevant third party. Any Fees set out in the Order are estimated only, and the actual amount you pay for the licence and/or the services/products is at the absolute discretion of the third party.

9.3 Support: We may provide Support Services in respect of third party software and services/products purchased through the Services. Whether we are able to provide those Support Services is dependent on the relevant third party providing appropriate support to us. Where a 3rd party service is encoded or encrypted, or where input is required from the third party, we reserve the right to refer you directly to the support department of that third party.

9.4 Liability: Subject to Clause 18.3 or Clause 19.3 (as applicable), we will not have any Liability for the actions of third party software and service/product providers, the software they licence, and/or services/products they provide, to you through the Services, or the availability (or otherwise) of support in respect of that software and those services/products.

10. Fees

10.1 Invoicing and payment: Fees will be payable by you monthly in advance, and we will invoice you monthly for the Fees payable.

10.2 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 within 14 days of the due date of that invoice, we reserve the right to 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 are correct and up-to-date at all times, and that payments are made on, or before the due date of the service.

10.3 Increase in Fees: We may increase any Fees at any time on notice to you of three days, with the increase taking effect from the next payment date for the Fees in accordance with Clause 10.1. If you do not accept the increase, you have the right to cancel this Agreement in accordance with Clause 13.2.1.

10.4 VAT: The price of the Services listed on the Website excludes VAT, however you will be charged VAT at the applicable current rate chargeable in the UK. If your use of the Services is for business purposes and your business is located in a country in the European Union that is not in the UK, it is your responsibility to assess and submit VAT to the appropriate authority.

10.5 Chargebacks: A chargeback is a claim against the bank or payment method, that suggests the payment captured is ‘unauthorised’ and has been taken without consent. However, all services are scheduled and arranged online, and with agreement to our terms of service. As such, any claim / chargeback made against a payment in relation to an invoice raised, will be considered fraudulent and may lead to immediate account closure / termination. Additionally, we have outlined terms below, stating any applicable charges in circumstances where chargebacks arise.

10.6 Service Restoration / Access: In the event that an account or service has been cancelled or terminated, whereby we do have access to a backup, an administrative charge will be applicable for us to restore the services. The minimum charge for this will be £25 per restored account, however may be more depending on the size, resource and time required to complete the restore. Any additional manual intervention or support required post-restoration, may be chargeable at an agreed hourly rate.

10.7 Server Access / KVM: For any desktop tier dedicated servers, KVM access is provided manually via a Spider Console, and therefore would require an additional remote hands fee of £75+VAT.

11. Chargebacks

A chargeback is initiated when a customer disputes a charge with their bank or payment provider, claiming that a payment was unauthorized or otherwise improper. This process, which is always initiated manually either by the customer through their bank or through the merchant processing the payment, is a serious allegation that suggests a breach of our agreed terms of service, which affirm the legitimacy of all transactions processed on our platform.

Fraudulent Chargebacks: Whether a chargeback is initiated intentionally or by mistake, it will be treated with the utmost severity. We underscore that the invocation of a chargeback is a manual procedure facilitated through banking institutions or merchants, thereby bearing significant implications and attracting the clauses detailed herein. We encourage our clients to communicate with us to rectify any billing issues or misunderstandings prior to resorting to a chargeback to prevent unintended consequences.

Administrative Charge for Chargebacks: If a chargeback is incorrectly placed against our business, an administrative charge of a minimum of £250 will be levied. This charge covers the costs associated with chargeback disputes including but not limited to chargeback-related fees and the administrative work necessary to resolve the dispute. This fee is also meant to compensate for the damages incurred due to false chargeback claims affecting our relationship with our merchants and financial institutions.

Consequences of Service Termination: Engaging in a chargeback procedure can lead to the suspension or termination of services tied to your account. In such events, we reserve the right to terminate services with or without notice, a process that could entail irrevocable data loss. It is imperative to understand that the resolution of service disputes should preferably be channelled through the avenues stipulated in our terms of service to prevent service disruptions and data loss.

Restoration Fee Post Dispute Closure: Following the closure of a dispute, if services were suspended or terminated, a restoration fee will be applicable to reinstate any services. The restoration fee is charged at a rate of £25 per individual hosting account, facilitating the recovery of your account to its pre-dispute state. Note that restoration is contingent upon the successful resolution of the dispute in favour of our business.

Severity and Importance of Chargebacks: Chargebacks carry substantial repercussions for all involved parties. Beyond the monetary losses, they disrupt the harmony of business relationships and divert vital resources away from service development and improvements. We urge all clients to comprehend the gravity of initiating a chargeback and to utilize it as a last resort, adhering to the resolution mechanisms outlined in our terms of service for a constructive resolution of any grievances.

12. Intellectual Property Rights

What we own: You acknowledge that we own:

12.1.1 all Intellectual Property Rights in the Services and any rights arising out of any works arising in connection with them; and

12.1.2 any IP address allocated to you as part of the Services, and such IP address is not portable or transferrable to another hosting provider at any time, including in the event that this Agreement is terminated.

We grant to you a non-exclusive licence to use the Services and any such IP address to the extent necessary for you to receive the provision of the Services from us.

12.2 What you own: We acknowledge that you own all Intellectual Property Rights in the Material, where your ownership is subject to the obligations contained in this Agreement and, in particular, Clause 7. You grant to us a non-exclusive licence to use that Material to the extent necessary for us to provide the Services to you.

13. Your rights to end this agreement

13.1 General Rights to End the Agreement: If you are a Consumer, and in limited cases if you are a Business Customer, you may have the right to end this Agreement (or cancel any Service). However, your rights to terminate will depend on the specific Services purchased, the condition of the Services, and how we are performing. The following outlines your rights:

13.1.1 If the Services are faulty or misdescribed, you may have a legal right to end the Agreement (or request the Services to be re-performed or receive a refund) in accordance with Clause 16.

13.1.2 If you wish to end the Agreement because of something we have done or told you we will do, refer to Clause 13.2.

13.1.3 If you have changed your mind about the Services, refer to Clause

13.3. You may be entitled to a refund only if you are within the cooling-off period, which may be subject to deductions. No refund will be issued for services outside this period. 13.1.4 In all other cases, where we are not at fault and there is no legal right to change your mind, refer to Clause 13.4. For annual services paid in advance, the full term will continue to be provided, and no refund will be issued unless required by law or otherwise explicitly agreed in writing.

13.2 Ending this Agreement Due to Our Actions: If you are ending this Agreement (or cancelling any Service) for any of the reasons outlined in Clauses 13.2.1 to 13.2.5, this Agreement (or the specific Service) will end immediately, and you will be refunded for Services not yet provided. The reasons include:

13.2.1 We have informed you of an upcoming change to the Services, these General Terms, or Fees, and you do not agree with such changes.

13.2.2 We have informed you of an error in the price or description of the Services, and you do not wish to proceed.

13.2.3 There is a significant risk that the supply of the Services will be substantially delayed due to an Event Outside Our Control.

13.2.4 We have suspended the Services for technical reasons, or notified you that we will suspend them for longer than one month for technical reasons.

13.2.5 You have a legal right to end the Agreement due to something we have done wrong.

13.3 Exercising Your Right to Change Your Mind (Cooling-Off Period for Consumers): If you are a Consumer, you may change your mind within 14 days of receiving the Order Acceptance under the Consumer Contracts Regulations 2013. We further extend this period to 30 days for both Consumers and Business Customers. Please note that no right to change your mind applies to certain Services as outlined in Clause 17.3. Once the cooling-off period has ended, no refund will be provided for any advance payments made for annual services.

13.4 Ending the Agreement When We Are Not at Fault and You Have No Right to Change Your Mind: If you do not have any other rights to end this Agreement (as outlined in Clause 13.1), you may still inform us that you wish to terminate the Agreement or cancel any specific Service. In such cases:

• The Agreement (or the relevant Service) will continue until the end of the then-current calendar month, and no refund will be issued for advance payments, especially for annual services, unless required by law or otherwise agreed in writing.
• For annual services paid upfront, the full annual term will continue to be provided without refund unless we agree otherwise in writing or as required by law.

14. HOW TO END THIS AGREEMENT (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

14.1 Notification of Termination: To end the Agreement or cancel a Service, you can notify us using one of the following methods:

14.1.1  Ticketing System: Contact customer services using the support ticketing system through your Account. Please provide your name, address, order details, and where available, your phone number and email address.

14.1.2 By Post: Print off the Cancellation Form and send it to the address provided on the form. Alternatively, you may write to us at that address, including the required information from the form.

14.2 Refund Method: If applicable, any refunds will be made using the original payment method used by you at the time of purchase.

14.3 Timing of Refunds: We will process refunds as soon as possible. If you are exercising your right to change your mind, we will make any refunds due within 14 days of your notifying us of your decision.

14.4 Applicability to Business Customers: The provisions of Clause 14 are not applicable to Business Customers, unless otherwise specified by us.

15. Our rights to end this agreement

15.1 Termination by us on notice: We may terminate this Agreement, or any Service, at any time by giving to you not less than five Business Days’ notice. In the event that we terminate this Agreement, or any Service, under this Clause 15.1, we will refund to you the Fees that you have paid to us on a pro-rata basis for the period from the date of termination to the date in relation to which you have paid the Fees in advance.

15.2 We may end this Agreement if you break it: We may end this Agreement, or any Service, at any time by writing to you if you:

15.2.1 do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

15.2.2 do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;

15.2.3 are in breach of any of your obligations under this Agreement;

15.2.4 are unable to pay your debts when they fall due;

15.2.5 have a petition for administration or winding up proceedings;

15.2.6 have a receiver or manager appointed over any of your property or assets;

15.2.7 are the subject of a bankruptcy petition;

15.2.8 enter into any composition with creditors generally; and/or

15.2.9 take or suffer any steps preparatory to the situations set out in Clauses 15.2.4 to 15.2.8, or if any distress or execution is levied or threatened on any of your property or assets.

15.3 Event Outside Our Control: We may terminate this Agreement in accordance with Clause 21.4.

15.4 You must compensate us if you break this Agreement: If we end this Agreement or any Service in the situations set out in Clause 15.2, we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking this Agreement.

16. If there is a problem with the service

16.1 How to tell us about problems: If you have any questions or complaints about the Services, please contact us using the support ticketing system available through your Account.

16.2 Summary of your legal rights: We are under a legal duty to supply Services that are in conformity with this Agreement. If you are a Consumer, see the box below for a summary of your key legal rights in relation to the Services. Nothing in this Agreement will affect your legal rights if you are a Consumer. The box below does not apply if you are a Business Customer.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says that:

– you can ask us to repeat or fix the Services if they are not carried out with reasonable care and skill, or get some money back if we can’t fix it; and/or

– if you haven’t agreed a time beforehand for us to provide any Services, we must carry out the Services within a reasonable time.

17. Termination

17.1 On termination: In the event that this Agreement (or any Service) is cancelled or terminated:

17.1.1 all relevant Material will be automatically deleted from our servers and, as is the case through the term of any Agreement in accordance with Clause 7.5, you are responsible for taking appropriate backups of such data and material at all times;

17.1.2 we will cease to provide any relevant Services to you; and

17.1.3 the accrued rights, remedies, obligations and liabilities of us and you as at cancellation or termination shall not be affected, including the right to claim damages for any breach of this Agreement which existed at or before the date of cancellation or termination.

17.2 Post-termination: Termination of this Agreement shall not affect the coming into force, or continuance in force, of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

17.3 Cancellation within 30 days: You may cancel any of the Services at any time within 30 days of having received the Order Acceptance and receive a full refund of any amounts you have paid to us in respect of that Order Acceptance. Such a right will not apply to:

17.3.1 any domain name or SSL certificate that has been issued to you; and/or

17.3.2 any third party software and services that have been issued to you (for example, WHMCS or Blesta licences).

To effect a cancellation in accordance with this Clause 17.3, you should contact us within 30 days of having received the Offer Acceptance by contacting us through the support ticketing system available through your Account.

17.4 Domain name fees: Please note that domain name registration fees that you pay to us are not refundable and the domain name will remain registered for the duration of the registration term. Once this term has expired, unless you have renewed the term, the domain name will expire. Please see the Schedule on Domain Registration Services for more information.

17.5 SSL Certificate fees: Please note that SSL Certificate fees that you pay to us are not refundable and the SSL Certificate will remain issued for the duration of the SSL Certificate term. Please see the Schedule on SSL Certificate Services for more information.

18. Limitation Of Liability If You Are A Consumer

18.1 Applicability of this Clause 18: This Clause 18 shall not apply to you if you are a Business Customer.

18.2 If you are a Consumer: If you are a Consumer, nothing in this Agreement (including this Clause 18) affects or limits your statutory rights (including, without limitation, the right to insist that the Services shall be provided to you using reasonable skill and care).

18.3 What we do not exclude Liability for: We shall not exclude or limit our Liability for:

18.3.1 our fraud; or

18.3.2 death or personal injury caused by our Breach of Duty; or

18.3.3 any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or

18.3.4 the Consumer Rights Act 2015; or

18.3.5 the Consumer Protection (Amendment) Regulations 2014; or

18.3.6 any other Liability which cannot be excluded or limited by applicable law.

18.4 What we are responsible for: If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Agreement.

18.5 Consumers only: We only provide the Services to you, as a Consumer, for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and, subject to Clause 18.3, we shall have no Liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

19. LIMITATION OF LIABILITY IF YOU ARE A BUSINESS CUSTOMER

19.1 Applicability of this Clause 19: This Clause 19 shall not apply to you if you are a Consumer. This Clause 19 applies only if you are a Business Customer.

19.2 What this limitation applies to: This Clause 19 prevails over all of this Agreement and sets forth our entire Liability, and your sole and exclusive remedies, in respect of:

19.2.1 performance, non-performance, purported performance, delay in performance or mis-performance of this Agreement or any services or deliverables in connection with this Agreement; or

19.2.2 otherwise in relation to this Agreement or entering into this Agreement.

19.3 What this limitation does not apply to: We shall not exclude or limit our Liability for:

19.3.1 our fraud; or

19.3.2 death or personal injury caused by our Breach of Duty; or

19.3.3 any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or

19.3.4 any other Liability which cannot be excluded or limited by applicable law.

19.4 Breach of Duty excluded: Subject to Clause 19.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any Liability arising pursuant to the terms of this Agreement.

19.5 What else we are not liable for: Subject to Clause 19.3, we shall not have any Liability in respect of any:

19.5.1 indirect or consequential losses, damages, costs or expenses;

19.5.2 loss of actual or anticipated profits;

19.5.3 loss of contracts;

19.5.4 loss of use of money;

19.5.5 loss of anticipated savings;

19.5.6 loss of revenue;

19.5.7 loss of goodwill;

19.5.8 loss of reputation;

19.5.9 loss of business;

19.5.10 ex gratia payments;

19.5.11 loss of operation time;

19.5.12 loss of opportunity;

19.5.13 loss caused by the diminution in value of any asset; or

19.5.14 loss of, damage to, or corruption of, data;

whether or not such losses were reasonably foreseeable or we or our agents or contractors had been advised of the possibility of such losses being incurred. For the avoidance of doubt, Clauses 19.5.2 to 19.5.14 (inclusive) apply whether such losses are direct, indirect, consequential or otherwise.

19.6 The limitation: Subject to Clause 19.3, our total aggregate Liability arising out of or in connection with all claims in aggregate (including warranty claims and losses relating to the breach of warranty) shall be limited to the greater of:

19.6.1 110% of all amounts paid and total other sums payable, in aggregate, by you to us under this Agreement in the 12 months prior to the date on which the claim first arose; or

19.6.2 £4,000.

19.7 The effect of the limitation: The limitation of Liability under Clause 19.6 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.

19.8 Your acknowledgement: You acknowledge and accept that we only provide the Services to you on the express condition that we will not be responsible for, nor shall we have any Liability (subject to Clause 19.3) directly or indirectly for any act or omission of you or any third party.

20. Notices

20.1 Termination: This Clause 20 does not apply to termination or cancellation of this Agreement or any Services, which is dealt with elsewhere in these General Terms.

20.2 Giving a notice: Subject to Clause 20.1, any notice given to either us or you by the other under or in connection with this Agreement shall be in writing, addressed (as applicable) to us at our registered office or addressed to you at such address as you may have specified to us from time to time, and shall be delivered personally, sent by pre-paid first class post, recorded delivery or commercial courier.

20.3 When a notice is considered delivered: A notice shall be deemed to have been received: if delivered personally, when left at the address referred to in Clause 20.1; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; and, if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed.

21. Events outside of our control

21.1 No liability: Subject to Clause 18.3 or Clause 19.3 (as applicable), we will not have any Liability or be responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.

21.2 Meaning of an Event Outside Our Control: An “Event Outside Our Control” means any act or event beyond our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

21.3 What happens following an Event Outside Our Control: If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:

21.3.1 we will contact you as soon as reasonably possible to notify you of the Event Outside Our Control; and

21.3.2 our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of our responsibilities under this Agreement, we will restart the performance of those responsibilities as soon as reasonably possible after the Event Outside Our Control is over.

21.4 Cancellation following an Event Outside Our Control: You may cancel this Agreement if an Event Outside Our Control takes place and you no longer wish to make use of the Services. Please see your cancellation rights under Clause 17. We will only cancel this Agreement if the Event Outside Our Control continues for longer than four weeks, in which case such cancellation shall have immediate effect.

22. Data Protection

Please see our Privacy Policy and Cookies Policy which forms part of these General Terms.

23. Retention of Records

We shall keep a record of your Order and this Agreement until six years after you submit your Order to us through the Website. However, for your reference in future, we recommend that you print and keep a copy of this Agreement, your Order, the Order Acknowledgement and the Order Acceptance.

As a business, GTK Online is also GDPR compliant. See ‘GDPR Compliance’ in the footer of our website for more information on how we process your personal information.

24. General

24.1 Third party rights: A person who is not us or you shall not have any rights under or in connection with this Agreement.

24.2 Transfer by you: This Agreement is personal to you. You may not assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with, this Agreement or any right, benefit or interest under it, nor transfer, novate or sub-contract any of your obligations under it, without our prior written consent (such consent not to be unreasonably withheld or delayed).

24.3 Transfer by us: We may transfer our rights and obligations under this Agreement to another organisation, and we will always inform you if that happens, but this will not affect your rights or our obligations under this Agreement.

24.4 Waiver: If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

24.5 Severance: Each of the provisions of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.

24.6 No partnership: Nothing in this Agreement shall constitute a partnership or employment or agency relationship between us and you.

24.7 Governing law: This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

24.8 Jurisdiction (if you are a Consumer): If you are a Consumer, you submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction. This Clause 24.8 shall not apply if you are a Business Customer.

24.9 Jurisdiction (if you are a Business Customer): If you are a Business Customer, you submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation. This Clause 24.9 shall not apply if you are a Consumer.

25. Complaints

We value your satisfaction with the Website and the Services. If you have a complaint, you should contact us by means of the Support Services. We will try to address any such complaints you may have as soon as reasonably possible. If you feel that your complaint was not addressed to your satisfaction, then you may escalate your complaint by means of a notice (see Clause 20). Upon receipt of such notice, your complaint will be assessed by a company director and a full response will be made within 15 Business Days.

26. Domain Registrations

We are a Nominet Registrar and as such may provide you with a domain name via Nominet. Please be aware that by registering a .uk domain name, you are bound by Nominet’s Terms and Conditions https://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration

All non-UK domains are provisioned through our domain partners or ‘upstream registrars’. As such we cannot guarantee the availability of a particular domain, however any charges incurred in the registration of a domain which is subsequently found to be unavailable will be refunded in full.

Both UK and non-UK domains are provisioned through third-party registrars.

Please note that the registrars may reject the registration of a domain if invalid information is provided at the time of order. All TLDs and ccTLDs have differing validation requirements which are also subject to change. As such we are not responsible for the validation of such data and it is your responsibility to check that a domain registration has been completed by the receipt of a ‘domain registration confirmation’ email. In the unlikely event a domain is rejected by the registrar, you will not receive such an email and we would need to be alerted to investigate this with the registrar directly and process the registration manually.

This Acceptable Use Policy (the “Agreement”) sets forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to GTK Online, as well as its subsidiaries and sister companies (“GTK Online”). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by GTK Online. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional GTK Online service(s) or products or to cancel Your GTK Online service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. GTK Online’s Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.

User Obligations

represent and warrant to GTK Online that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by GTK Online shall not be used in connection with any illegal activity.

You expressly (i) grant to GTK Online a license to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services and your website, including content supplied by third parties, hosted by GTK Online under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.

Network Interruptions / Downtime

GTK Online will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall GTK Online be liable to You for any damages resulting from or related to any failure or delay of GTK Online in providing access to the Internet under this Agreement. In no event shall GTK Online be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of GTK Online under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder within a given month and would be first subject to those terms outlined within our ‘Service Level Agreement’. The terms of this Section will survive the termination of this Agreement.

Accounts

This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A GTK Online account may not be transferred without prior written approval from GTK Online.

IP Addresses

GTK Online assigns to You an Internet Protocol (“IP”) address in connection with Your use of the GTK Online services. The right to use that IP address will remain with and belong only to GTK Online, and You will have no right to use that IP address except as allowed by GTK Online in its sole and absolute discretion.

SSH Access

You may enable SSH access in Your account, or by contacting our Support team. Upon completion of said terms You will be granted Jail / Caged access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination.

Prohibited Content and Activities

You agree not to use GTK Online’s services to host, store, distribute, or engage in any content or activities that are illegal, harmful, or offensive. This includes, but is not limited to:

1. Nudity and Pornographic Content: Any content containing nudity, pornographic material, or sexually explicit content is strictly prohibited. This includes text, images, videos, or any other form of media depicting full or partial nudity, sexual acts, or explicit sexual content.
2. Hate Speech and Discrimination: Content that promotes hate, discrimination, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic is not allowed.
3. Illegal Activities: Content or activities that promote, encourage, or facilitate illegal activities, such as copyright infringement, hacking, fraud, drug trafficking, or any other criminal activities, are strictly prohibited.

   This includes, but is not limited to…

• Violating any applicable laws, regulations, ordinances, or other legal requirements
• Making illegal communications to newsgroups, mailing lists, chat facilities, or other internet forums
• Attempting or allowing unauthorized access to GTK Online’s website, servers, your hosting account, or the accounts of other GTK Online customers
• Executing remote code or malicious software through the hosting account provided by GTK Online
• Causing denial of service attacks, port scans, or other endangering and invasive procedures against GTK Online’s servers, facilities, or those of other network hosts or internet users
• Forging signatures, identifying marks, or codes to deceive others regarding your true identity

1. Violent and Extremist Content: Content that depicts, glorifies, or encourages violence, cruelty, or extreme acts, including graphic violence, animal cruelty, or extremist ideologies, is not permitted
2. Malicious and Harmful Content: Content that contains malware, viruses, spyware, Trojan horses, worms, time bombs, corrupted files, or any other malicious code designed to harm, disrupt, or gain unauthorized access to systems or data is prohibited.
3. Harassment and Cyberbullying: Content that targets, harasses, bullies, or defames individuals or organizations is not allowed.
4. Child Exploitation: Any content related to the exploitation or sexualization of minors, including child pornography, is strictly prohibited and will be reported to the appropriate authorities.
5. Intellectual Property Infringement: Hosting or distributing any content that infringes copyrights, trademarks, patents, trade secrets, or other proprietary rights of any third party is prohibited.
6. Warez, Cracks, and Pirated Content: Distributing or hosting warez, cracks, pirated software, or any other content intended to circumvent intellectual property rights or licensing restrictions is not allowed.
7. Proxy Services and Traffic Relaying: Operating any kind of proxy server, traffic relaying program, or rendering the service as a virtual private network (VPN) for traffic tunneling or networking is prohibited.
8. Malicious Activities: Engaging in or instigating actions that cause harm to GTK Online or other customers, such as actions resulting in the blacklisting of GTK Online’s IP addresses by online spam databases or distributed denial-of-service (DDoS) attacks against servers, is strictly forbidden.
9. Unacceptable Content: Uploading or hosting unacceptable material, including but not limited to IRC bots, image or file storage services, mirror or banner-ad services, topsites, streaming services, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc.), bitcoin miners, sale of controlled substances without proper permits, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds/RPGs, hate sites, hacking-focused sites/archives/programs, sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers, and Spam Scripts.

GTK Online reserves the right to determine, at its sole discretion, whether content or activities violate this policy. If prohibited content or activities are detected, GTK Online may take appropriate action, including but not limited to account suspension, termination, or reporting to relevant authorities, without prior notice or refund.

You agree that GTK Online has the sole right to decide what constitutes a violation of this policy and the appropriate severity of any corrective action. GTK Online’s decision in such cases is binding and final and cannot be subject to further change. GTK Online cannot and shall not be liable for any loss or damage arising from its measures against actions causing harm to GTK Online or any other third party.

Any backup copies of the hosting account may be permanently deleted upon termination, and no refund will be due. GTK Online will not be liable for any loss or damages in such cases.

At its discretion, GTK Online can remove any content it determines to be prohibited by this agreement or its Terms and Conditions. No backups will be kept of removed content.

You are solely responsible for ensuring that your content and activities comply with this policy and all applicable laws and regulations. Failure to comply may result in immediate account termination without prior notice or refund.

Email and Anti-SPAM Policy

You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to GTK Online. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. GTK Online prohibits the following activities listed without limitation hereunder:

• Usage of the GTK Online network and systems to receive replies to unsolicited mass e-mail messages.
• Forgery of e-mail headers (i.e.”spoofing”).
• Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
• Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
• Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising”).
• Hosting any web pages or providing any services that support spam.
• Using an API to bulk-generate or create mailboxes or email addresses
• Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
• Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.

If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a £1000 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.

We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.

Resource Limitations

The shared hosting services offered by GTK Online comprise the provision of web space on our servers, enabling you to upload website pages and files for the purpose of website publishing.

The shared hosting services offered by GTK Online may be offered on an ‘unlimited’ basis in terms of server storage, or bandwidth for normal routine ‘non-file-distribution’ web usage. From websites that allow the downloading of video or audio files we reserve the right to impose a limit of ten (10) GB total per account.

In your use of the Shared Hosting Services (other than where you are using your own virtual private server), you may not:

1. use more than 10% of our platform’s processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations
2. run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd
3. run any type of web spider or indexer
4. run any software that interfaces with an Internet Relay Chat network
5. run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers
6. participate in any file-sharing/peer-to-peer activities
7. run any gaming servers or gaming related facilities
8. run entries or other scheduled tasks other than by configuring them through our control panel
9. give away web space under a domain (including Resellers giving away free websites)
10. operate a proxy website or service
11. as a remote file host for other websites
12. operate self-hosted file sync or similar “cloud storage” based services including (but not limited to) OwnCloud, Pydio and Sparkleshare.
13. run any news / article based blogs or websites which generate content through the use of bots

You must not use the Hosting Services as a backup facility or file-share. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that fall within any of these terms without giving notice to you.

All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimise your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, Bing, Yahoo and other large search engines.

MySQL Databases may be limited to 1024 megabytes in size at our discretion. Databases in excess of this size may, only via prior consent be ran under our supervision.

For Hosting Accounts

Your use of the server resources shall not endanger the capacity and operation of the shared server.

Any shared or reseller hosting service / account may use no more than the resources outlined against its package.

Accounts that are deemed to exceed those resource limits (by examination of LVE faults or at the discretion of GTK Online) will be suspended pending further investigation.

Where we deem necessary and within our discretion, we reserve the right to account removal, without guarantee of backup availability to ensure the stability of the service to others on the same shared server/environment.

We may provide a ‘burstable’ allowance ahead of the resources available to the chosen package, which is provided solely at our discretion. We may on occassion burst the resources of a particular account to maintain stability of the service / server your account is hosted on.

If we see excessive faults / usage against a particular account, we reserve the right to maintain suspension / removal on a permanent basis.

In all cases of overusage, we will try to provide an alternative solution, which in most cases me incur an alternative charge or service, either by ourselves or a 3rd party recommendation.

Disk Usage Provision

The content on your website must be linked from an HTML or similarly coded web page with all content freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. Your hosting account should consist mostly of html and php files.

Downloadable files, media, databases must comply with the following limitations:

• A maximum of 5GB of a shared hosting account can be allocated to music, video or other multimedia files including but not limited to .aac, .avi, .mp3, .mp4, .mpeg, .jpg, .png, .gif files;
• A maximum of 5GB of a shared hosting account can be allocated to any archive and disk image files containing the complete contents and structure of a data storage medium;
• A maximum of 1GB of a shared hosting account can be allocated to databases and database dumps including but not limited to .sql files;
• A maximum of 1GB of a shared hosting account can be allocated to Executable files and all other files which are the result of compiling a program.

Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability.

Under its sole discretion, GTK Online reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension or upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with GTK Online and shall be made in its reasonable discretion.

GTK Online reserve the right to remove the following extensions (by example, but not exclusive to) without prior warning, and at its sole discretion – mp3, mp4, tar.gz, zip, .wpress, .jpa, .exe, wav

 Backup Limitations

Any shared hosting account that uses more than 10GB of disk space or contains more than 200,000 inodes may be removed from our weekly or daily backups. Any user whose hosting account is using more than 10GB of disk space or contains more than 200,000 inodes is solely responsible for maintaining the copy of his/her account.

Please note that any account which takes longer than 1 hour to backup, will be automatically excluded from the backup process. This will typically be the case when there are a large number of inodes, or the account size is large.

Our backup service is a courtesy addition to the service, and backups are best effort, however accounts which exceed this limit will be excluded automatically. It’s always advisable that you maintain your own backups off-site in all cases.

Softaculous backups will be removed from the server and no copy will exist. The self-storage of any types of backups within the hosting space is strictly prohibited.

Plugins used for backups may not store local backups within the account quota and may only be stored ‘offsite’ with an arranged cloud storage provider, such as Google Drive or S3. Any backups left on the system, or excessive backups retained may lead to account suspension or removal.

Automatic backups are only available where stated within the marketing collateral for that particular product. Unless otherwise stated, we will not retain backups (for example, VPS servers / dedicated servers). Please review our ‘hosting terms’ for more information regarding backup policies.

Our standard shared backup schedule is as follows…

• 7 Daily Backups
• 4 Weekly Backups

These schedules may differ however, depending on the service, and entirely at our own discretion.

Backups are stored off-site, and are managed from within the hosting account.

Whilst we will maintain every effort to ensure backups are complete and available, GTK Online cannot be held responsible where backup data is missing or corrupt.

When an account is terminated / removed either by us or the reseller (either intentionally, or human error), we may hold backups of the removed account for a maximum 48 hours. The standard retention policy does not apply post-removal.

Restoration of any accounts following cancellation or closure, including those whereby a service has become overdue will incur additional administrative charges.

Email Services

You should use email and other related services in full compliance with the terms below:

In order to safeguard overall server performance, You may send and/or forward not more than the following number of emails, per hour per domain:

• A single hosted user / domain may not host more than 200 mailboxes
• Our Premium products may offer varying/increased sending limits.
• For Shared Hosting accounts, email storage shall not exceed 50GB in total per account
• For Shared or Reseller hosting accounts, there must not exceed 50 email addresses provisioned for a single user.
• For IMAP/POP3 mailboxes, You may perform up to 100 email checks per hour.
• For POP3, You may perform up to 10 concurrent connections to the email system per IP address on Shared and Reseller servers, and up to 20 concurrent connections to the email system per IP address on Business and Email servers.
• For IMAP, You may perform up to 30 concurrent connections to the email system per IP address on Shared, Reseller, Business and Email servers.

GTK Online may, at its sole discretion, limit the volume of email messages You can deliver through our services. GTK Online may limit email volume by queuing Your email messages internally, or by temporarily rejecting requests to send email through our services. GTK Online may block any message You attempt to submit using our services, for any reason whatsoever, with or without notifying You of such blocking. Under no circumstances will GTK Online be liable to You or any other party for any indirect, special, economic or consequential damages (including without limitation lost profits) arising out of email blocking or queuing.

Upgrade to VPS / Premium Hosting

Each hosting account can be upgraded to a VPS (Virtual Private Server) or the Elastic Cloud. The upgrade is performed by GTK Online after You have paid the first month fee. The fee depends on the VPS type chosen by You and is non- refundable. Prorate amount for unused time of the shared hosting account will not be refunded, it will be added to Your account balance in the event of upgrade to VPS. Once the account is transferred to the VPS the Virtual hosting account is terminated and the new VPS account use is governed by the following terms.

Certain situations may deem an upgrade to a VPS, in order to move an account, or service away from services or servers shared by others, such as excessive resource consumption.

IPv4 Usage Policy

Due to the exhaustion of the IPv4 address space we actively conserve IP address space by limiting the IP addresses each web hosting account can use.

Shared hosting accounts may each use only 1 IP address.

Reseller hosting accounts may use up to 10 IP addresses. The number of IPs that are included and the account may use up to are indicated in the plan specification.

The IP address limit is a per account, not a per customer basis. Customers may hold multiple accounts to get access to additional IP addresses. We strongly urge customers to only use IP addresses for essential use and we do require justification for usage.

The provision of additional IP addresses will be chargable.

 Storage and Security

At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on GTK Online servers; and (iv) ensure the confidentiality of Your password. GTK Online services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and GTK Online shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by GTK Online are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. GTK Online shall have no liability to You or any other person for Your use of GTK Online products and/or services in violation of these terms.

Transfer of Content

GTK Online provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. GTK Online does not take responsibility for any faults in such software functioning.

You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by GTK Online. Your use of any third party software is at Your own risk. GTK Online cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. GTK Online will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup unless otherwise agreed in writing.

Third Party Software

GTK Online provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. GTK Online does not take responsibility for any faults in such software functioning.

You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by GTK Online. Your use of any third party software is at Your own risk. GTK Online cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. GTK Online will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

Reservation of Rights

GTK Online explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by GTK Online; (ii) establish limits and guidelines concerning the use of GTK Online services and/or products; (iii) terminate Your use of GTK Online services and/or products for use of GTK Online services and/or products to unnecessarily or illegally harass GTK Online or third parties, non-payment of fees for GTK Online services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of GTK Online, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that GTK Online determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of GTK Online services and/or products if Your use of GTK Online services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against GTK Online or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of GTK Online services and/or products at any time and for any reason if deemed reasonably necessary by GTK Online. GTK Online has no obligation to monitor Your use of GTK Online services and/or products, but reserves the right in its sole discretion to do so.

Right of Refusal. GTK Online has the right to refuse services to anyone at Our discretion.

Limitation of Liability; Waiver and Release

The services offered by GTK Online are being provided on an “AS IS” and GTK Online expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, GTK Online expressly does not warrant that GTK Online services and/or products will meet Your requirements, function as intended, or that the use of the provided Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from GTK Online shall create any warranty not expressly made herein. You agree that GTK Online will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of GTK Online; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.

Information obtained by you from the internet may be inaccurate, offensive or in some cases illegal. GTK Online has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services of obtain from the Internet. You agree that GTK Online has no obligation to back-up any data related to your website.

Legal Age

You attest that you are of legal age (18 or over) to enter into this Agreement. We reserve the right to terminate an agreement with anyone under the age of 18 years.