Terms and Conditions

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TERMS OF SERVICE

By purchasing the Services, You acknowledge and agree that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that The Hosting Shop may establish and post on its web site from time to time.

These basic terms comprise of the following sections.

Your account
Server use
Fees
Support
Back Ups
Payment options
Payment policies
Promotional offers
Affiliate scheme
Transfers
Setup times
Overs
Confidentiality of Codes, Passwords and Information
Cancellation and refunds
Charge back
Indemnification
Disclaimer
Tortuous Conduct
Jurisdiction and Other Points to Consider

Additional terms include:

Domain Name Registration / Renewal / Transfer Service Terms & Conditions
The Acceptable Usage Policy
The Support Policy
Lead Capture Tools Terms & Conditions

The Hosting Shop is owned and operated by Mutual Advantage Ltd. A company registered in England and Wales, registration number 5382525
Definition: we, us, The Hosting Shop, Mutual Advantage = Mutual Advantage Ltd

Your account

  1. You are required to have a valid email address registered on your account at all times, failure to do so may result in suspension of your account.
  2. Please note that whilst your email is primarily used for billing purposes, The Hosting Shop reserves the right to email you information about enhancements to our systems and important information. You must ensure that valid contact details, including your address and phone number remain on the account at all times. We reserve the right to suspend service if details are incorrect.
  3. We will not provide any of your personal information to other companies or individuals without your permission or without a legal request. However, we may need to provide your name and delivery address to third parties that The Hosting Shop may use for the purposes of delivering specific services to you (e.g. equipment, domain registration etc). Where The Hosting Shop utilises the service of a third party they may have additional terms of service details of which can be provided on request.
  4. You are responsible for all usage of and content within your account. It is your responsibility to ensure that any code in your account is kept secure, updated or patched, we reserve the right to make a charge for any intervention to resolve any issues howsoever caused should you fail to meet this requirement.
  5. Only one account per entity. We reserve the right to merge any account belonging to the same entity.

Server use

  • The Hosting Shop reserves the right to refuse service and/or access to its servers and/or services to anyone. The Hosting Shop reserves the right to modify its network and facilities used to provide the Services for purposes including, but not limited to, accommodating evolving technology and increased network demand, and providing enhanced services. The Hosting Shop shall use reasonable efforts to notify You in advance of any planned changes to The Hosting Shop's network or facilities that may adversely affect the Services provided under this Agreement.
  • Outbound mail services are limited to 300 (three hundred) emails per day. Daily outbound email levels do not roll over (i.e. you can not combine two days allocation to send 600 emails on day two). The Hosting Shop may offer increase levels upon request.

Fees

  • Fees for Services ordered by You shall be charged beginning on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, terminations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
  • From time to time it may be necessary to make adjustments in the fees and surcharges charged for the Services in order to cover certain changing costs (e.g., power) incurred by The Hosting Shop in providing the services. Such adjustments will be reflected on the statement or invoice provided to you for the Services, and you agree to pay for the fees and surcharges for the Services, as adjusted.

Support

  • We will endeavor to provide a continuous high quality service. If you experience problems with your service, you should consult our support centre. Should you fail to find a resolution to your problem in our Knowledge Base(s) you should raise a support centre ticket.
  • Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime is available on the The Hosting Shop support web site, as are details of any interruptions to our services.
  • Please read the Support services policy for additional details.

Back Ups

  • The Hosting Shop provide services for account holders to create and manage back-ups.
  • It the responsibility of the account holder to initiate, manage and maintain their own back-up and 'off server' transfer regime to protect their own data. Under no circumstance shall The Hosting Shop be liable for any loss or corruption of of any nature for any data uploaded, input or transferred to, through or across its services.

Payment options

  • Credit / Debit Cards: The Hosting Shop accepts MasterCard, Visa, Electron, Maestro, Solo, JCB and American Express through use of PayPal.
    Cheque Payment: The Hosting Shop cannot guarantee that a service will be provided until after any received cheques have been cleared.
    Bank Transfer / BACS: The Hosting Shop cannot guarantee that a service will be provided until after payment is received.
    Direct Debit: Facility offered for active accounts for monthly service payments, excluding domain names and one-off services.
    PayPal: All PayPal payments are collected in GBP Sterling only. Each payment must be initiated from The Hosting Shop on receipt of an invoice.
    All credit card transactions occur over a secure connection. The Hosting Shop do not store credit card numbers.

Payment policies

  • All accounts are set up on payment in advance.
  • Fees for Services ordered by You shall be charged beginning on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including upgrades, additional services, terminations and service credits. One time fees and charges for services ordered may need to be paid prior to the start of a service, Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
  • Although The Hosting Shop reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due every billing period anniversary, from the date the service was established. Customers will automatically be charged again at the end of their prepay period unless notification of cancellation is given via our support centre and raised for our accounting department.
  • In situations where the payment facility on file is declined or an invoice remains unpaid The Hosting Shop reserves the right to suspend all services until the outstanding debt is cleared. Any non-payment of an invoice by the due date will incur a late payment fee of 7% (the minimum late fee is £5) and may also incur £30 (thirty pound) administration charge(s) where manual intervention is needed. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends an electronic cancellation request via your The Hosting Shop account, or via written letter to our office.
  • Services that are unpaid past the due date will be suspended and then terminated 28 days after suspension. All data will be removed from our servers and we hold no liability to any losses incurred due to non-payment.
  • We reserve the right to hand over any unpaid accounts to one or more, of our appointed debt collection agencies to collect 8% interest on any amount owed. Our collection agencies may also levy a further fee added to the total debt for costs incurred in collecting the debt.
  • No bills or invoices will be sent by postal mail. All invoices will be sent directly to customers via email at least 14 days before they are due. Requests to alter a billing cycle must be received before an invoice is generated for the next billing cycle.
  • All payment is in GBP Sterling. Pricing excludes VAT at the standard current rate (20%).

Promotional offers

  • Free domain offer: Some shared, reseller and premium hosting accounts that pay annually or bi-annually may be offered a free domain registration or transfer. The registration or transfer is for one year (or two years for .uk (registration only)) and to be completed at package sign up. Domain can not be added retrospectively.

Affiliate scheme

  • The payment point for affiliate accounts is £50 and an invoice must be raised for the exact affiliate amount to be withdrawn. Payments are made via cheque sent to the account address.

Transfers

  • When possible, and upon request, we will transfer hosting accounts from an identical control panel. No fee is levied on transfers for up to 5 accounts.
  • Customers transferring a domain must copy any content, emails and databases from another host, if required. Unless requested prior to completion of transfer.
  • A £10 per domain fee maybe levied on certain transfers away from The Hosting Shop where our assistance is required. Accounts must be up to date for any transfers to be processed.

Setup times

  • To improve security for the benefit of all, new accouunts are subject to manual verification. We may contact you by post, phone, email or any other means to process your order. We may request that you send us additional forms of identity and address before completing set-up of your order.
  • Most services for verified customers and clients who's accounts are in good standing are setup within minutes of payment being received. However, some services including self and fully managed servers can be longer as these are ordered new from our suppliers. We quote 7-10 working days for delivery of new orders in to the data centre.

Overs

  • Some account services are priced to a fixed or inclusive level of use (e.g. bandwidth, data storage etc), where you use more than the allocated amount you may be charged additional fee(s) at the published rate for the additional services you have utilised over and above your allocated amount. You agree to pay Tending .NET on demand for any services used.

Confidentiality and Security of Codes, Passwords and Information

  • You agree that you will not under any circumstance:
    - register under the name of, nor attempt to enter the service under the name of another person;
  • - adopt a user name that the The Hosting Shop in its sole discretion deems offensive;
  • - allow any other person to share your user name and password;
  • - share a single name and password with other users.
  • You are responsible for all use of the Site made by you or anyone else using your user name and password and for preventing their unauthorised use. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your user name or password you must notify the The Hosting Shop immediately by email to the address given on this site.

Cancellation and refunds

  • The Hosting Shop reserves the right to cancel the service at any time. In this event customers will be entitled to a prorata refund based upon the remaining period of membership. If a customer contravenes the terms of service a refund will not be issued in the event of a cancellation.
  • Domain names, once registered cannot be refunded or cancelled at any point in time, for any reason.
  • Customers may cancel their account at any time by giving 30 days notice to The Hosting Shop.
    Fees charged on a prepay basis are non-refundable. Once any initial guarantee period (if applicable) has expired customers are not entitled to receive a refund unless the service is cancelled by The Hosting Shop. In addition some accounts incur set-up fees, these charges are also non-refundable.
  • All Hosting accounts are subject to a 30 day minimum, rolling contract.
  • All Dedicated Servers and Colocated services are subject to a 12 month minimum contract then monthly rolling after the initial term. Colocated servers have a 3 month notice period.
  • All VPS accounts are subject to a 30 day minimum, rolling contract.
  • Managed Server add-on is subject to a 12 month minimum contract term then monthly rolling after the initial term.
  • When a refund is due, these are processed within 30 days.

Charge back

  • Under this Terms of Service agreement you must first contact The Hosting Shop to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within 14 (fourteen) days of the invoice payment in question.
  • By using our services You agree to the above policy and to contact The Hosting Shop before contacting your financial institution to seek a resolution.
  • Any customer reversing payments via bank, credit card (a "chargeback") or PayPal (a "dispute") may be subject to a punitive fee of £50, should the company deem this charge back to be unfair. The company also reserves its right to defend such charge backs and recover the original monies from the user.
  • In the event you dispute charges contrary to this agreement, we reserve the right to refer your account or sell your debt (plus any applicable fees) to a third party collection agency. We also reserve the right to take further legal action against you.

Indemnification

  • Customer agrees that it shall defend, indemnify, save and hold The Hosting Shop harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against The Hosting Shop, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.
  • Customer agrees to defend, indemnify and hold harmless The Hosting Shop against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with The Hosting Shop services; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from The Hosting Shop servers.
  • You shall pay any and all costs, damages, and expenses, including, but not limited to, reasonable legal fees and costs awarded against or otherwise incurred by The Hosting Shop in connection with or arising from any such indemnifiable claim, suit, action or proceeding or remedial action undertaken to maintain the services provided by the company.
  • In any event our monetary liability for loss or failure of any service is limited to the single pro-rata rate charged for the element of the hosting account or service affected and not a customers personal losses or those to their business or any third parties who may be affected. e.g. if a web hosting HTTP service is lost for two days and you pay £30 per month, in a month with 30 days our liability would be a maximum of £2, If you have FTP, email & back-up services and these are unaffected, a pro-rata rate will be applied.

Disclaimer

  • The Hosting Shop will not be responsible for any damages or losses you may suffer.
  • The Hosting Shop makes no warranties of any kind, expressed or implied for services we provide. The Hosting Shop does back up your data but whilst every attempt would be made in the unlikely event of any corruption or hardware failure, The Hosting Shop cannot guarantee to be able to replace all data. The Hosting Shop expects all customers to maintain their own backup routine. The Hosting Shop disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by The Hosting Shop and its employees. The Hosting Shop reserves the right to revise its policies at any time.

Tortuous Conduct

  • Any abuse towards any The Hosting Shop employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing, calling or submitting online tickets to The Hosting Shop. Any cursing, yelling, or further intentional disruptive behavior aimed at The Hosting Shop or its employees shall be considered a violation of this Terms of Service agreement.
  • Any threat; whether orally, verbally, in written, via E-mail, via Live Chat, delivered by second parties or delivered in any other way, and directed towards The Hosting Shop or any of The Hosting Shop's employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service agreement. Threats of physical violence will be directed to the proper authorities.
  • No refunds shall be given when the above Tortuous Conduct clause is violation and necessitates the termination of an account or services.

Jurisdiction and Other Points to Consider

  • If you use our site from locations outside of the United Kingdom, you are responsible for compliance with any applicable local laws.
  • These Terms of Use shall be governed by, construed and enforced in accordance with the laws of England and Wales, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
  • To the extent you have in any manner violated or threatened to violate The Hosting Shop and/or its affiliates' intellectual property rights, Mutual Advantage Ltd and/or its affiliates may seek injunctive or other appropriate relief in any court in England or Wales, and you consent to exclusive jurisdiction and venue in such courts.
  • If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.