1. Definitions

1.1 "Agreement" - the agreement between NetHosted and the Client for the provision of any Services that have been ordered or otherwise provided.

1.2 “NetHosted” - means NetHosted Ltd. with registered office Kemp House, 152-160 City Road, London, EC1V 2NX, United Kingdom and company number 5123818.

1.3 “Service/Services” - the Service or Services provided by NetHosted.

1.4 “We/Us/Our” - NetHosted.

1.5 “You/Your/Client” - the individual or legal person, company, corporate entity, unincorporated association or partnership that purchases Services from NetHosted.

2. General Terms of Service

2.1 By nature of holding an account with NetHosted You agree to be bound by the Terms of Service and the separate Acceptable Use Policy.

2.2 NetHosted reserves the right to refuse Service and/or access to its servers and/or Services to anyone at their sole discretion.

2.3 NetHosted reserves the right to transfer Your data to a different server with no previous notice.

2.4 Notwithstanding any other right to terminate or suspend the Services covered in this Agreement or any other of Our policies NetHosted may terminate the Contract at any time giving 28 days written prior notice to the email registered in Your NetHosted Client Area. In this circumstance We would refund You the price paid for the Service on a pro-rata basis for the remaining time on Your contract that You have paid for.

3. Duration and Automatic Renewal of Services

3.1 All Services purchased shall automatically renew unless specifically stated otherwise at the point of ordering. The renewal period for any Service will be the same as the initial order period (e.g. a 12 month web hosting package will renew for a further 12 months at the anniversary) unless specifically stated otherwise, or You contact NetHosted requesting this is changed prior to the renewal date to another renewal period that is currently offered for the specific Service.

3.2 Unless a Service is terminated according to section 4 below, or any Service specific cancellation terms, then the Service will be renewed automatically by the previous Service Agreement period, and subsequently shall renew for successive periods at expiration of each period. If any Service is terminated after the renewal date then You will still be required to pay the fee for the remaining time in the current Service period.

3.3 This Agreement applies for the length of time You have an active Service with NetHosted or one of its affiliates. This length is a minimum of two calendar years from account creation for biennial contracts, one calendar year from account creation for annual contracts, six calendar months from account creation for biannual contracts, three calendar months from account creation for quarterly contracts, one calendar month from account creation for monthly contracts, these lengths are non-negotiable.

4. Service Cancellations, Suspension, Termination & Refund

4.1 To cancel a Service with NetHosted You must contact Us via the help desk located at https://secure.nethosted.co.uk/clients/ or via email at support@nethosted.co.uk from an email authorised to make account changes registered in Your Client Area with us. We may reply to this email asking for confirmation of cancellation to ensure any cancellation request is genuinely from this email address. In the case that We send a request to confirm cancellation then Your account will remain active and continue to be billed until We receive confirmation of Your cancellation request as an email reply, at this point We will process Your request for cancellation. If a cancellation is made within 14 days of Your order being placed You can request a refund under Our "14 Day Risk Free Money Back Guarantee" if the following criteria are not met:

4.1.1 The Client has used 50% or more of their Service bandwidth.

4.1.2 The Client has purchased/transferred a domain, domain ID protection or an SSL certificate. These are non-refundable.

4.1.3 The Client has purchased a software license (for example cPanel, Fantastico, etc.) through us. These are non-refundable.

4.1.4 The Client has purchased a Service that includes a setup fee. Setup fees are non-refundable.

4.1.5 The Client has purchased a dedicated server. Dedicated servers are exempt from Our 14 day money back guarantee.

4.1.6 The Client has previously held and/or currently holds any other account(s) with us.

4.1.7 The Client breaches Our Terms of Service or any other of Our policies.

4.2 Any refunds will be made using the same payment method the Client purchased the Service with.

4.3 For a Service to be cancelled in the current billing term a You must submit Your cancellation request 24 hours prior to their next due payment date (with the exception of clause 4.4). Otherwise the request will be processed in the next billing term.

4.4 Dedicated server cancellation requests must be submitted 7 days before their next due payment for the request to be processed in their current billing period, otherwise the request will be processed in the next billing period.

4.5 If a Client does not submit a cancellation request that meets the contract terms and payment is not made when due then the Clients Services will be suspended 7 calendar days from the due date. The Client has a further 23 calendar days from initial suspension to pay the debt otherwise their Services and any data stored on them will be terminated and removed from Our Service. If suspension as outlined in this clause occurs three times a charge of £35 will be levied. Failure to pay this charge (and any other outstanding debt) within 7 calendar days will result in Service termination. Please note that some products are excluded from this clause. These include: domain names, SSL certificates and other items that have a fixed expiry date and will expire with no grace period.

4.6 If You breach Your Agreement with NetHosted a refund will not be issued in the event of cancellation or termination of Your account.

4.7 Account upgrades can be ordered at any time and will be processed with the difference paid pro-rata for the next plan level you are upgrading to. Account downgrades will only be processed at the end of the current billing period that you are in, no refund or credit will be due when an account is downgraded.

4.8 Account credit can only be used for payment in full or in part of Your Service and is non-refundable.

4.9 Misconduct towards or against and NetHosted staff, employee, member, Client, or affiliate will result in account suspension/termination.

4.10 Misconduct includes, but is not limited to, written, physical or verbal abuse, harassment, threats and disruptive behaviour towards any person, Client, staff member, member, associate, employee or affiliate of NetHosted.

5. Payment

5.1 Advanced payment must be made for all Services provided by NetHosted according to the specific terms of the Service purchased.

5.2 If the Service is paid for via credit / debit card or PayPal billing You authorise NetHosted to subsequently bill You for recurring payments before, on or after the recurring billing date per the terms of the Service purchased, otherwise NetHosted shall send You an invoice via email to the email address listed in the NetHosted Client Area for Your account. Recurring billing agreements can be cancelled by You at any time via the payment provider You have used to make payment. If You cancel Your payment agreement You will need to arrange an alternate payment method or make manual payment to ensure Your service(s) remain active.

5.3 All payments must be made in UK pounds sterling (GBP) including applicable taxes.

5.4 Fees that are not disputed by the Client within twenty eight (28) days of the due date passing are deemed by the Client to be accurate.

5.5 NetHosted may amend the Services and / or fees that are charged for Services by giving fourteen (14) days or more notice to the Client given via email to the email address listed in the NetHosted Client Area for Your account. If the Client does not contact NetHosted to request cancellation via the methods laid out in section 4 above the Client shall be deemed to have accepted the new fee and subsequent fees of the same amount for the same Service.

5.6 You declare that You are authorised to lawfully make payment using the payment card or payment method that You provide to NetHosted. If You are not the named cardholder You recognise that You and the named cardholder are jointly and severally liable for the payment of all fees billed to the payment card provided. You will indemnify and hold NetHosted harmless in the case of the cardholder or issuer declining any transaction for payments to NetHosted, including all of NetHosted’s administration costs and costs associated with obtaining payment of the due fees.

5.7 In the case where You provide NetHosted with payment details from a third party You declare that You have obtained express consent from this third party for NetHosted to use their information, and You consent that We may share Your information related to Your account with Us with the third party, and if necessary contact the third party to obtain payment of due fees.

5.8 A valid email address and payment method should be registered to Your account at all times, failure to provide a valid payment method may result in suspension of Your account until this is provided. If Your payment method is cancelled for any reason You must immediately notify NetHosted and provide details of an alternative currently valid payment method.

5.9 Payments made to NetHosted via PayPal are subject to PayPal’s terms and conditions, and NetHosted makes no representations or warranties with respect to those.

5.10 All invoices will be sent via electronic mail to the email address provided by You to NetHosted in Your Client Area and it is Your responsibility to ensure that this is up-to-date and Your email provider is accepting emails from NetHosted. No invoices will be sent via postal mail.

5.11 Any credit balance on Your account will be used as full or part payment of Your Service fees, if this is taken as part payment then the remainder of the balance will be taken from the current payment method on Your account.

5.12 If you sign up to a variable billing agreement via WorldPay or PayPal this will be used to take payment for future services that are ordered via Your account. You have the option to make manual payment for any services if required You should choose an alternative payment method when placing your order or contact Us via Our support channels.

6. Chargebacks

6.1 NetHosted operate a non-negotiable policy of immediately suspending and/or terminating (if deemed appropriate) any Service the Client may hold should a chargeback be generated by the Client. A fee of £50 excluding VAT will be levied to the Client in the event of a chargeback being received.

7. Domain Names

7.1 NetHosted do not accept responsibility or make warranty that any domain name You order for registration will be accepted for registration by the relevant Domain Name Authority, nor will We accept liability for any costs You incur if the registration application is unsuccessful. You warrant that Your domain name registration is made in good faith and complies with the appropriate ICANN or Nominet policies for acceptable domain registration. NetHosted accept no responsibility or liability to third parties for any breach of Intellectual Property rights or copyright with regard to domain names registered on behalf of the Client.

7.2 You warrant that the domain being registered will at no time be used for any unlawful purpose.

7.3 We will not be liable in the event that the Domain Name Authority subsequent to registration suspends or revokes any registration of a domain name.

7.4 You warrant that You are the owner or have written permission from the owner of any trademark to use the trademark in a domain name You are registering that it features in.

7.5 Once a domain name has been successfully registered it must be periodically renewed for You to maintain the registration of it. We will email You renewal notices to the email address registered in Your Client Area. We do not accept any liability for the renewal of the domain in the event that You do not receive these notices in any circumstances. You hereby authorise Us to renew the domain on Your behalf and invoice You for this renewal automatically unless You have cancelled the domain renewal either via Your Client Area or via Our Support Ticket system.

7.6 NetHosted may occasionally change the registrar that a Domain Name is held with, at its discretion and without notice to the Client.

7.7 You acknowledge that any dispute arising from the use of the domain name You have registered will be resolved for .uk domains in accordance with the Nominet UK Dispute Resolution Service found here: https://www.nominet.uk/domains/resolving-uk-domain-disputes-and-complaints/ and for .com, .net and .org as well as .info, .biz and .name domains in accordance with the ICANN Uniform Domain-Name Dispute-Resolution Policy which can be accessed here: http://www.icann.org/en/help/dndr/udrp/policy. These may impose restrictions on the termination or transfer of any domain name(s) during this dispute process.

7.8 Domain names registered to Clients by us, free of charge to said Client under Our “free domain offer” are explicitly linked to the Service purchased. If the Client wishes to transfer a domain registered through Our “free domain offer” to another provider then a charge of £15 will be levied per domain. The free domain offer only applies to the first year of registration, after this period the Client will be charged Our usual rates to keep the domain registered. The “free domain offer” applies only to the domain name entered on Our order form (i.e. the main, or 'root', domain of Your account) at signup. If the Client wishes to cancel the hosting package by which the free domain was registered they will be charged the price of the domain registration at standard rate as shown on https://www.nethosted.co.uk/extras/ at time of cancellation.

7.9 Domains held with Us and using Our "ID Protection" Service remain the property of the Client in every aspect. The Client details will only be masked on the public WHOIS database. NetHosted will comply with any formal or informal request to reveal the true owner from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

7.10 If You wish to transfer ownership of a registered domain then You must obtain all necessary consent and documentation for this which, on request, must be provided to NetHosted as validation of a transfer. You agree that prior to transferring ownership of a requested domain to another individual or entity the receiver of this transfer agrees in writing to be bound by the terms of this Agreement. NetHosted will not transfer ownership of a domain, or allow for a registrar transfer of a domain until all fees associated with the Client Account which are due have been paid to NetHosted.

7.11 If You wish to transfer any domain away from NetHosted and Your account has no due fees, and no other clauses restricting transfer of the domain in this Agreement apply then NetHosted will change the IPS TAG for .uk domains and provide the EPP transfer code for other domains to You free of charge.

7.12 By registering a domain names ending in .uk (with some very limited exceptions), you enter into a contract of registration with Nominet UK. Full details on the .uk domain registration terms and conditions can be found here: https://www.nominet.uk/go/terms

7.13 Domain renewals for .eu domains will be invoiced 2 weeks before the expiry date. This is due to the .eu domain registry regulations causing .eu domains to enter a redemption period immediately on their expiry date. After this point to renew an additional charge of £75+VAT would be payable to NetHosted to renew an .eu domain.

8. Backup

8.1 We encourage all Clients to take and store offline regular backups of their accounts.

8.2 We will make every reasonable effort to backup Your data excluding the exemptions set out in clause 8.3 but the Service is provided as is, and We make no explicit warranties or guarantees about the availability or integrity of the backups We may take.

8.3 We will not take backups of Your data if You have been notified as such via email sent to the primary account email registered in Your Client Area, or if the total disk space usage of Your account is 50 Gigabytes or above, unless agreed prior to the breach of this limit in writing. We do not backup cPanel full site backup files or Installatron site backup files.

8.4 For email, web hosting and reseller hosting packages We will attempt to take daily filesystem backups excluding the exemptions set out in clause 8.3 which shall under normal circumstances be retained for up to 1 month. We will attempt to take weekly database backups excluding the exemptions set out in clause 8.3 which are on a 1 week rolling cycle with the most recent backup replacing the previous backup.

8.5 For VPS servers We will attempt to take weekly backups which are on a 1 week rolling cycle with the most recent backup replacing the previous backup.

8.6 For dedicated servers We do not take backups unless an additional backup service is purchased.

9. Appropriate Service Use

9.1 You are bound by Our Acceptable Use Policy which gives further guidelines on usage of Our Services which You can find here: Acceptable Use Policy

10. Scheduled Maintenance

10.1 To ensure continued high performance of servers and Services, NetHosted will need to perform routine maintenance from time to time. Some maintenance may require that Services or specific features of Services are offline for short periods. NetHosted will provide advanced notice of maintenance whenever We deem it possible.

11. Support

11.1 NetHosted will strive to provide a fast and reliable hosting Service at all times. If You experience any issues with Your Service You should follow the procedures outlined on the Client Support page which You can find here: https://www.nethosted.co.uk/support/. Our official support method via support ticket is available twenty-four (24) hours a day, seven (7) days a week.

11.2 Our support team will assist in resolving any issues You are having with the Services that We are providing You. We do not provide support for coding issues or third party software usage.

12. Reselling of Services

12.1 Clients may not resell standard shared hosting accounts or email only hosting accounts to their own clients or to third parties. If You as a Client, wish to resell Services on Our infrastructure then You may only do so by using a designated reseller hosting account or a VPS / Dedicated Server.

12.2 Services provided by NetHosted other than Our designated reseller hosting accounts, VPS or Dedicated Servers must be used by the Client only and not resold to third parties.

13. Client Data

13.1 NetHosted does not actively monitor any data and content You place onto Our servers. All data and content created or stored on NetHosted's servers remain Your property at all times. NetHosted staff may access Your data as they deem necessary to ensure a high level of Service is provided. NetHosted do not make any claim of ownership over any data You have created or stored on Our servers including but not limited to website content, email content or other types of data in Your account(s). You agree to only add data and content that complies with the separate Acceptable Use Policy.

13.2 Services that NetHosted offers are at all times owned by NetHosted, including rental of IP addresses which remain the property of NetHosted.

13.3 You agree that NetHosted may, without notice to You:

13.3.1
Report to the appropriate authorities any conduct by You or any of Your clients or end users that NetHosted believes violates applicable law, and

13.3.2
Provide any information that it has about You or any of its Clients or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

14. Passwords

14.1 Account passwords are the responsibility of the account holder and must be kept confidential at all times. We recommend that users change their passwords at regular intervals. We also recommend that You use alphanumeric (with both letters and numbers) passwords with symbols where possible for maximum security. We will not be held responsible for data loss or security problems arising from an insecure or stolen password.

15. Disclaimers and Warranties

15.1 NetHosted provide no guarantees or representations that any Services offered will be uninterrupted or free from errors. You accept that all Services provided are done so on an "as is" basis without warranty. NetHosted do not offer a Service Level Agreement (SLA), any uptime statistics quoted are historical and may not represent future performance, reasonable efforts will be made to keep the purchased Service available and online at all times.

15.2 NetHosted do not monitor and will not accept any liability for Your website content or any other communication You transmit, or allow to be transmitted, by virtue of the Services provided.

16. Liability

16.1 NetHosted will not be liable for any loss or damage, whether direct or consequential, suffered by You in connection with any breach of this Agreement by You or use of any of Our Services, or any act, misrepresentation, error or omission made by You or on Your behalf.

16.2 Regardless of the number of claims or basis for any claims made, NetHosted's maximum aggregate liability to You in case of direct loss will not exceed a sum equal to the fees paid by You for the Services Your claim is regarding during the 12 month period prior to the claim being made.

16.3 NetHosted disclaims all liabilities in connection with the following:

16.3.1 Loss of material uploaded.

16.3.2 Incompatibility of the site with any of the Client's equipment, software or telecommunications links.

16.3.3 Technical problems including errors or interruptions of the site.

16.3.4 Unsuitability, unreliability or inaccuracy of the site.

16.3.5 Damage, loss or corruption of the Client's data in any way including but not limited to unavailability following the termination or suspension of the Client's account.

17. Force Majeure

17.1 We cannot and will not be held liable/responsible for failing to provide Service due to any event beyond NetHosted’s control, including, but not limited to, natural disaster, terrorist activity, acts of God, war, strikes, theft, failures to sections of the national power grid and failure to internet connectivity.

18. Non-Waiver

18.1 Any failure by NetHosted to require You to perform any provision will not affect the full right to require performance of this provision in any future circumstances. A waiver by NetHosted of a breach of any terms shall not be taken or held to be a waiver of the terms themselves.

19. Survival

19.1 No failure in exercising any right in this Agreement, nor delay in exercising any right in this Agreement, along with partial or complete exercise of these rights, shall set up a waiver of said rights.

20. Notice

20.1 You agree that any correspondence between NetHosted and yourself, as a Client, that is required to be delivered to You shall be deemed to have been delivered if sent via email.

21. Governing Law

21.1 The Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be brought exclusively in English courts located in England. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum. The Client is deemed to have agreed to this Agreement, when commencing use of any of NetHosted’s Services.

22. Legal Fees

22.1 You will defend, indemnify and hold Us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with Your use of the Services or of any claim or action that Your Material infringes, or allegedly infringes, the intellectual property rights of a third party.

23. Assignment

23.1 You shall not assign or transfer Your rights or obligations under this Agreement to any third party without prior written consent from NetHosted. If this consent is granted then this Agreement will be binding upon the parties and the third parties involved.

24. Entire Agreement

24.1 NetHosted reserve the right to change, update, amend or correct this Agreement at any time, notification of updates to this Agreement will be listed in Our Forum here: https://www.nethosted.co.uk/community/viewforum.php?f=10. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.

24.2 This Agreement supersedes any previous agreements, representations or statements whether oral or written with regards to the specific subject matters laid out here.

25. Relationship of the Parties

25.1 No part of this Agreement shall be taken as creating a relationship, partnership or joint venture between NetHosted and the Client.

25.2 If the Client is an individual they represent and warrant to NetHosted that they are at least 18 years of age, and NetHosted reserve the right to ask for proof of age. This must be provided in the form of a valid passport or photo driving license, and NetHosted may carry out checks to verify the accuracy of the information provided.

26. Joint and Several Obligations

26.1 Any Client that consists of more than one entity accepts that their obligations under Agreement with NetHosted are joint and several.

27. No Third Party Beneficiaries

27.1 This Agreement does not grant any third parties with any rights, claims or privileges against NetHosted.

28. Severability

28.1 In the event that any clause laid out in this Agreement shall be deemed unenforceable or invalid under any applicable law or be held to be so by court decision, this shall not render this Agreement unenforceable or invalid as a whole. NetHosted will amend or replace any such clause with one that is valid and enforceable and achieves in so far as is possible the original intent of the aforementioned clause as defined by NetHosted.

29. Conflict / Dispute Resolution

29.1 Any special conditions agreed between NetHosted and Client shall not be regarded in a higher priority to the terms in this Agreement. Additionally, any variations on the terms in this Agreement shall not be legally binding to NetHosted unless confirmed in writing by Us.

30. Complaints

30.1 All complaints regarding NetHosted’s Services and/or Service must be delivered electronically to complaints@nethosted.co.uk  in the first instance. If you are unsatisfied with the resolution these can be escalated by sending a letter via registered post to:

NetHosted Ltd
Kemp House
152-160 City Road
London
EC1V 2NX
United Kingdom

Registered in England & Wales with company number: 5123818

VAT Registration Number: 919 6774 71


30.2 We aim to review and respond to complaints within 5 working days.

31. Abuse Reports

31.1 Any abuse reports concerning services originating on our network should be submitted to abuse@nethosted.co.uk