WEBSITE HOSTING TERMS AND CONDITIONS
You should also read our General terms and conditions and our Privacy policy.
These terms and conditions constitute an agreement
BETWEEN:
(1) Websters Computers ('Websters Computers') and
(2) the client ('Client').
WHEREAS:
(1) Websters Computers is a seller of website hosting services offering these facilities to clients,
and has access to all appropriate hardware connected to the World Wide Web via the
internet.
(2) The Client wishes to use Websters Computers Service to host its website on the Hosting
Hardware made available to Websters Computers under these terms and conditions.
IT IS AGREED as follows:
1. Definitions and Interpretation
1.1 Under these Terms and Conditions, unless the context otherwise requires, the
following expressions have the following meanings:
"Account" means the details of the Client that are required
and held by Websters Computers to facilitate the provision
of the Service to the Client including, but not
limited to, identification and location details,
payment details, username and password, and
details of the Service provided to the Client;
"Business Day" means a day (that is not a Saturday or Sunday)
on which banks are open for business in the UK;
"Client Website" means the website that Websters Computers is hosting for
the Client and refers to all parts of that website
including, but not limited to, component files and
related services such as email;
"Fee" means the sum payable by the Client to
Websters Computers in order to make use of Websters Computers Service;
"Hosting Hardware" means all computer and networking equipment
made available to Websters Computers in the provision of
the Service including, but not limited to, servers
and network infrastructure;
"Hosting Package(s)" means the Service package(s) described on
Websters Computers website;
"Hosting Software" means all software made available to Websters Computers
in the provision of the Service;
"Order" means an order placed by the Client with
Websters Computers for the provision of the Service which
shall contain details of the Client's Hosting
Package(s); and
"Service" means the collective components of Websters Computers
website hosting Service which includes, but is not
limited to, the provision of bandwidth, website
storage, software, and email accounts, in
combination with the Hosting Package(s) and can
refer either to those components as a whole or to
specific parts as the context may require.
1.2 The clause headings used under these Terms and Conditions are used for
convenience only and are not intended to affect the meaning or interpretation
of these Terms and Conditions.
2. Service
2.1 Once the Client's Order has been placed and processed, Websters Computers will use
its best and reasonable endeavours to commence provision of the Service as
soon as reasonably possible, typically within one business days. In any event,
the provision of the Service will commence no later than 7 Business Days
after completion of the Order.
2.2 In the event that the provision of the Service is delayed by more than 7
Business Days from completion of the Order, Websters Computers will contact the
Client, giving the Client the option of waiting for a further 7 Business Days or
cancelling the Order and receiving a full refund of any Fees paid for Hosting,
but not in respect of any fees made for payment of Domain Name registration
(the Domain Name, once purchased, shall remain under the ownership of the
Client). In the event of further delay, the process in this sub-clause 2.2 shall
be repeated.
2.3 Websters Computers is under no obligation to provide any Service that is not set out in
the Hosting Package(s).
2.4 Websters Computers may, at its sole discretion, alter, improve or otherwise modify the
Service provided that any such change will not significantly alter the provision
of the Service to the Client or result in the removal of any features or services
that form part of the Hosting Package(s). In the event of any planned changes
requiring the Client to make any changes on their part, the Client will be
notified by email, by using the email address that Websters Computers has on record,
no later than 7 Business Days in advance of such planned changes and will
receive full documentation of any action required on their part. No alterations
to the Service shall affect the Fees payable by the Client.
2.5 Notwithstanding the provisions of sub-clause 2.4, Websters Computers may take any
action necessary to address any problems with the Service without any prior
notice to the Client. If such faults or remedial action results in an interruption
to the provision of the Service, Websters Computers will use its best and reasonable
endeavours to inform the Client by email, by using the email address that
Websters Computers has on record, in accordance with the provisions of clause 3 of
these Terms and Conditions.
3. Availability of Service
3.1 Websters Computers will use its best and reasonable endeavours to ensure that the
Service is provided to the Client on a constant, uninterrupted basis throughout
these Terms and Conditions.
3.2 Notwithstanding sub-clause 3.1, Websters Computers shall not be liable to notify the
Client about Hosting Hardware or software downtime or interruptions to the
provision of the Service where such downtime or interruptions last for no more
than 24 hours.
3.3 Where the Service is unavailable for more than 24 hours, Websters Computers will use
its best and reasonable endeavours to contact the Client by email, by using
the email address that Websters Computers has on record, and provide reasons for the
interruption or, where this is not possible due to an undiagnosed problem,
state that the problem is undiagnosed but is being investigated.
3.4 Where the provision of the Service is interrupted through the fault of any third
party, Websters Computers shall bear no responsibility or liability whatsoever.
4. Fees and Payment
4.1 Fees for the Hosting Package(s) offered by Websters Computers are published on
Websters Computers website. All charges payable by the Client shall be in accordance
with the information published.
4.2 The Client is required to pay all fees due in advance of a 12 month period of Service provision.
4.3 For the first 12 months of Service provision, payment of fees due shall form part of the Order process. For all subsequent 12 month periods of Service
provision the Client will be sent an invoice and renewal notice not less than 14 days before the 12 month period is due to expire. Payment must be made
within that 14 day period in order for provision of the Service to continue without interruption.
4.4 Websters Computers may at any time change the price of its Hosting Package(s).
However, the Client will not be subject to any additional charges or refunds
during the 12 month period of Service provision in which the changes were
made; any change in fees will be reflected in subsequent renewals of Service
provision. Websters Computers reserves the right to continue charging old fees for
renewals where the new fee is higher.
4.5 The Client may, at any time, change their Hosting Package, if other Hosting Packages are being offered by Websters Computers. If the Client chooses to move to a
higher-priced Hosting Package, then Websters Computers will invoice for the difference in price for the remaining months of the current 12 month period of Service
provision and will continue to invoice at the higher price for all subsequent 12 month periods of Service provision; if the Client chooses to move to a lowerpriced
Hosting Package, then Websters Computers will not refund monies for the difference in price for the remaining months of the current 12 month period of
Service provision, but will invoice at the end of the current 12 month period of Service provision with the lower price for all subsequent 12 month periods of Service provision.
4.6 Where Websters Computers offers 'free upgrade to more capacity, upon request' on any
of its Hosting Packages, the granting of this free upgrade shall be at the sole
discretion of Websters Computers.
4.7 All fees payable by the Client to Websters Computers shall be paid in full, without set
off or deduction. Websters Computers reserves the right to suspend the Service or
cancel the Client's Order if fees are not paid on or before the due date.
4.8 The volume of included data transfer may be limited, depending on the chosen package. The volume of data transfer is the sum of all transfers resulting from the customers package. Any additional volume of data transfer will be charged at the following rates:
All website hosting Clients will be charged at £2 per Gigabyte for the first 10 Gigabytes over the agreed limit, then the client will be charged at £1 per Gigabyte there after.
Websters computers may modify the prices giving 30 days notice.
5. Changes to these Terms and Conditions
5.1 Websters Computers reserves the right to change these Terms and Conditions and all other
terms and conditions and policies which may affect Clients in order to comply
with changes in the law.
5.2 The Client will be informed, by an email sent to the email address that
Websters Computers has on record, of any significant changes and shall be deemed to
be bound by them 1 calendar month after receiving the notice.
5.3 If the Client does not agree to be bound by the changes they may terminate
their Hosting Package in accordance with Clause 12.
6. Client Undertakings and Obligations
6.1 The Client may not use the Hosting Service providing by Websters Computers for any
unlawful or otherwise inappropriate purposes. This includes, but is not limited
to:
6.1.1 Distribution of viruses, spyware, malware, or any other form of code
designed to cause harm or nuisance to hardware or software or to
obtain data without consent;
6.1.2 Distribution of pirated material including, but not limited to software,
movies, music and written works; and
6.1.3 Distribution of obscene or illegal material including that which is
pornographic, abusive, threatening, malicious, harassing, fraudulent,
defamatory or that which encourages criminal activities.
6.2 The Client may not use their website to link to any other sites or systems
hosting any material described in sub-clause 6.1.
6.3 The Client will monitor and supervise any and all third party activity on their
website (including communications systems such as forums). Any third party
activity that may fall within the provisions of sub-clause 6.1 must be stopped
or removed, as appropriate.
6.4 The Client must ensure that any and all activity conducted through the Client's
Website in relation to the collection of personal information complies with the
provisions of the Data Protection Act 1998.
6.5 The Client must ensure that any and all activity conducted through the Client's
Website in relation to selling complies with the provisions of the Distance
Selling Regulations 2000.
6.6 The Client is responsible and accountable for all activity relating to their
website and the Service that is carried out by third parties on their behalf.
6.7 The Client will use its best and reasonable endeavours to supply all
information required to facilitate the provision of the Service to Websters Computers in
a timely fashion.
6.8 It is the responsibility of the Client to insure that Client data, component files
or other material stored as part of the Hosting Package are backed up as
necessary.
6.9 It is the responsibility of the Client for the configuration/reconfiguration of
Client hardware and/or software for the purpose of using the Hosting
Package(s).
7. Intellectual Property and Proprietary Rights
7.1 The Client will not acquire ownership rights over any of Websters Computers
Intellectual Property in or in relation to the Service or in relation to any other
property owned by Websters Computers.
7.2 Websters Computers will not acquire ownership rights over any of the Client's
Intellectual Property in the Client's Website or any other material belonging to
the Client.
7.3 The Client agrees to fully indemnify Websters Computers against all costs, expenses,
liabilities, losses, damages, claims and judgments that Websters Computers may incur
or be subject to as a result of the infringement of any Intellectual Property
infringement owned by third parties arising from:
7.3.1 The Client's failure to obtain the necessary rights and permissions from
third parties in order to enable Websters Computers to legally provide the
Service;
7.3.2 The provision of the Service by Websters Computers based upon information and
material provided by the Client.
8. Liability
8.1 Subject to Clause 3 and sub-clauses 8.2 and 8.3 Websters Computers shall not be liable
to the Client or to third parties for:
8.1.1 Any losses resulting from interruptions or downtime to the Service;
8.1.2 Any inability on the part of the Client to use the Service including, but
not limited to, inability to configure/reconfigure Client hardware and/or
software for the purposes of using the Service;
8.1.3 Any damage or loss resulting from the loss of confidentiality caused by
the storage of information on the internet;
8.1.4 Any damage or loss resulting from the loss or corruption of any Client
data, component files or other material stored as part of the Hosting
Package (it is the responsibility of the Client to insure that backups of
such data, component files or material are made as necessary).
8.2 Nothing in this Clause shall exclude the liability of Websters Computers for death or
personal injury resulting from Websters Computers negligence or that of its
employees or agents.
8.3 Nothing in this Clause or in these Terms and Conditions shall exclude the
liability of Websters Computers for fraudulent misrepresentation.
9. Warranty Disclaimer
Subject to the provisions of these Terms and Conditions, Websters Computers gives no
warranty, express or implied, in connection with the Service as to fitness for
purpose, quality, non-infringement or merchantability.
10. Indemnity
10.1 The Client will fully indemnify Websters Computers against all costs, expenses,
liabilities, losses, damages and judgments that Websters Computers may incur or be
subject to as a result of any of the following:
10.1.1 The Client's misuse of the Service;
10.1.2 The Client's breach of these Terms and Conditions;
10.1.3 The Client's negligence or other act of default;
10.1.4 The Activities of third parties conducted on the Client's website using
facilities such as blogs, forums and chat.
11. Force Majeure
11.1 Neither Websters Computers nor the Client shall be liable for breaching these Terms
and Conditions where that breach results from Force Majeure.
11.2 Force Majeure refers to any event that is beyond the reasonable control of the
parties and includes, but is not limited to, acts of God; acts of war; acts of
terrorism; national emergencies; governmental action; union action; civil
unrest; fire; explosion; flood and theft.
12. Term and Termination
12.1 The initial period of Service provision will commence on the date that the
Hosting Package(s) facilities are made available to the Client. This term shall
last for a period of 12 months, subject to the termination provisions below and
to the cancelling and refund provisions of sub-clause 2.2 of these Terms and
Conditions.
12.2 Subsequent periods of Service Provision shall last for a period of 12 months each and will follow on from a previous period, without interruption, subject to
the fulfilment of the Client's payment obligations under Clause 4 of these Terms and Conditions. All subsequent periods are subject to the termination provisions below.
12.3 Websters Computers reserves the right to terminate the Client's Hosting subscription or
to suspend the Service in the following circumstances:
12.3.1 If the Client fails to pay fees due under Clause 4 of these Terms and
Conditions;
12.3.2 If the Client is in breach of these Terms and Conditions;
12.3.3 If the Client becomes the subject of a voluntary arrangement under
Section 1 of the Insolvency Act 1986;
12.3.4 If the Client is unable to pay its debts within the definition of Section
123 of the Insolvency Act 1986; or
12.3.5 If the Client has a receiver, manager, administrator or administrative
receiver appointed over all or a substantial part of its undertakings,
assets, or income; has passed a resolution for its winding up; or is the
subject of a petition presented to a court for its winding up or for an
administration order.
12.4 The Client may request the termination of the Service and these Terms and
Conditions by written notice in the form of an email (or letter), 1 month in
advance, supplying their account details, e.g., username, password, account
name, etc. (Websters Computers will follow this email up to check it's validity). The
following shall apply to such situations;
12.4.1 If the Client wishes to terminate during the course of a 12 month period of Service provision the Service will end 1 month after
Websters Computers receives the Client's written notice. The issuing of refunds for the Hosting Service is at the sole discretion of Websters Computers;
12.4.2 In any event, refunds will not be made to the Client in respect of the
purchasing of any Domain Name(s) associated with the Hosting
Package(s) (the Domain Name shall remain under the ownership of the
Client).
12.5 On termination of the Service and these Terms and Conditions, Websters Computers
will remove the Client's Website and all related material from the Hosting
Hardware, and will not be held responsible for any loss or damage due to the
removal of such material.
13. Assignment
13.1 Websters Computers reserves the right to assign or otherwise transfer any rights or
obligations under these Terms and Conditions.
13.2 The Client may not assign or transfer any of its rights or obligations under
these Terms and Conditions without the prior written consent of Websters Computers.
14. Severance
In the event that any provision of these Terms and Conditions are found to be invalid
or otherwise unenforceable for any reason, the remaining provisions shall continue in
full force without being impaired or invalidated in any way. The waiver by either
party of any provision of these Terms and Conditions will not operate or be
interpreted as a waiver of any other provision or a subsequent breach of any
provision.
15. Law and Jurisdiction
These Terms and Conditions are governed by the laws of England and Wales. Any
dispute relating to these Terms and Conditions shall fall within that jurisdiction.