PAC WebHosting Ltd - Hosting Agreement
This agreement is between PAC WebHosting Ltd a company registered in England and Wales under number 06221654 whose registered office is at Riverside Mill, Mountbatten Way, Congleton, Cheshire, CW12 1DY ("the Host") and You ("The Client")
(1) The Host is an internet service provider and offers hosting facilities to clients using all appropriate hardware connected to the World Wide Web via the internet.
(2) The Client wishes to use the Host's Service to host website(s) and or related activities for example but not limited to email on the Hosting Hardware under the terms and conditions of this Agreement.
IT IS AGREED as follows:
1. Definitions and Interpretation.
1.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
Means the details of the Client that are required and held by the Host 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;
Means a day (that is not a Saturday or Sunday) on which banks are open for business in the UK;
Means the website that the Host 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, VPS and dedicated servers;
Means the sum payable by the Client to the Host in order to receive the Host's Service;
Means all computer and networking equipment used by the Host in the provision of the Service including, but not limited to, servers and network infrastructure;
Means one of the Service packages described on the Host's website and generally refers to the package selected by the Client;
Means all software used by the Host in the provision of the Service;
Means an order placed by the Client with the Host for the provision of the Service which shall contain details of the Client's chosen Hosting Package;
Means the collective components of the Host's hosting service which includes, but is not limited to, the provision of internet connectivity, bandwidth, website storage, software, email accounts and data back-ups, vps and dedicated servers in combination with the Client's chosen Hosting Package 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 in this Agreement are used for convenience only and are not intended to affect the meaning or interpretation of the terms of this Agreement.
2.1 Once the Client's Order has been placed and the Fee received the Host will utilise an automated system to setup your Service In the event of a problem that prevents the automated system from setting up your Service the Host will use its best endeavours to commence provision of the Service as soon as reasonably possible. In any event the provision of the Service will commence no later than 1 Business Day after completion of the Order.
2.2 In the event that the provision of the Service is delayed by more than 1 Business Day from completion of the Order the Host will contact the Client, giving the Client the option of waiting for a further 1 Business Day or receiving a full refund of all Fees paid. In the event of further delay, the process in this sub-clause 2.2 shall be repeated.
2.3 The Host is under no obligation to provide any Service that is not set out in the Client's Order and the relevant Hosting Package unless the Host and Client enter into a new written Agreement for the provision of additional services.
2.4 The Host may, in 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. The Client will be notified no later than 14 Business Days in advance of any 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 the Host may take any action necessary to address or repair faults in Hosting Hardware or Host Software without any prior notice to the Client. If such faults or remedial action results in an interruption to the provision of the Service the Client will be notified in accordance with the provisions of clause 3 of this Agreement.
3. Availability of Service
3.1 The Host will use its best and reasonable endeavours to ensure that the Service is provided to the Client on a constant, uninterrupted basis throughout the Term of this Agreement
3.2 Notwithstanding sub-clause 3.1, the Host shall not be liable for Hosting Hardware downtime or interruptions to the provision of the Service where such downtime or interruptions where the monthly uptime of the service falls between 99.5% and 100%.
3.3 Where the Service is unavailable the Host will where possible provide reasons for the interruption on the "Network Status" page in your client area or, where this is not possible due to an undiagnosed problem, state that the problem is undiagnosed but is being investigated.
3.4 Where Service monthly uptime falls between 99.4% and below the Host shall upon request within 48 hours of Service downtime or interruption:
3.4.1 Where monthly uptime is between 95-99.4% credit your hosting account with a 25% credit of your basic monthly cost
3.4.2 Where monthly uptime is between 90-94.9% credit your hosting account with a 50% credit of your basic monthly cost
3.4.3 Where monthly uptime is 89.9% or less credit your hosting account with a 100% credit of your basic monthly cost
3.5 Credits will be used against your next invoice, to receive the credit the service must still be active in the month following the downtime or interruption, the maximum credit will not exceed the basic monthly service charge of the affected service.
3.6 Where the provision of the Service is interrupted through the fault of any third party, the Host shall bear no responsibility or liability.
4. Fees and Payment
4.1 Fees for the Hosting Packages offered by the Host are published on the Host's 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 the chosen period of Service provision.
4.3 For the period of Service provision, payment of fees due shall form part of the Order process. For all subsequent periods of Service provision the Client will be sent an invoice and renewal notice 14 Days before the current period of Service 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 The Host may at any time change the price of its Hosting Packages. The Client will not be subject to any additional charges or refunds during the current period of Service provision. Any change in fees will be reflected in subsequent renewals of Service provision. The Host reserves the right to continue charging old fees for renewals where the new fee is higher.
4.5 The Client may change their Hosting Package at any time. If the Client chooses to do so, the Host will refund the original fee paid by the Client pro rata relative to the number of whole days of the period of Service provision remaining. The Host will then invoice the Client for the same period of whole days of Service provision pro rata at the cost of the new Hosting Package.
4.6 All fees payable by the Client to the Host shall be paid in full, without set off or deduction. The Host reserves the right to suspend the Service or cancel the Client's Order if fees are not paid on or before the due date.
4.7 Where the Client has previously paid for Services provided by the Host using a credit or debit card the Host will take payment for any of the Client's unpaid invoices on or after their due date using the Client's stored card details.
4.8 In the event of non-payment of any outstanding overdue invoice(s) the Host reserves the right to immediately suspend all Services provided to the Client.
4.9 In the event of the Host receiving notification of a Chargeback from the Client's card provider or Paypal relating to services provided by the Host to the Client the Host reserves the right to immediately suspend the related Service(s) until such time as the chargeback is cancelled. In the event the Host is successful in defending a chargeback the Host reserves the right to charge an administration fee of £100.
5. Changes to this Agreement
5.1 The Host reserves the right to change the terms of this Agreement and all other terms and conditions and policies which may affect Clients in order to comply with changes in the law.
5.2 Such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement.
5.3 The Host may on occasion notify the Client of such changes, the Client is strongly encouraged to bookmark this page for changes.
6. Client Undertakings and Obligations
6.1 The Client may not use the Service or any other Hosting Hardware and Hosting Software for any unlawful or otherwise inappropriate purposes and although we often work with our customers to rectify this on occasion termination or temporary suspension of services may be necessary.
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, 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.
6.1.4 Hosting any form of proxy server, IP spoofing scripts, port scanners, spam scripts, IRC, site scraping,brute force scripts, shell scripts.
6.1.5 Distribution of material that harms or is likely to harm the reputation of persons or businesses
6.2 The Client may not use their hosting 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 the Host in a timely fashion.
6.8 The Client must ensure that all 3rd party software installed by the Client and any addons to said software version(s) are up to date.
6.9 The Client is solely responsible for ensuring their domain name registration and subsequent renewals have taken place without error, any issues that result in additional registrar fees and or loss of a domain registration to another party will be the sole responsibility of the Client.
6.10 In regard to domain name registration The Client accepts that in order to register a domain the clients personal information is sent to the relevant domain registry and will be publicly available to search via a "whois lookup".
6.11 The information in 6.10 may include but is not limited to name, address, contact number and email address.
6.12 The whois information sent in 6.10 and 6.11 may be protected from a public whois lookup where applicable, this will be offered to the client during registration or transfer of a domain, The Client is solely responsible for ensuring their domain name whois protection (also called ID Protection) has been applied to the domain without error.
7. Intellectual Property and Proprietary Rights
7.1 The Client will not acquire ownership rights over any of the Host's Intellectual Property in or in relation to the Service or in relation to any other property owned by the Host.
7.2 The Host 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 the Host against all costs, expenses, liabilities, losses, damages, claims and judgments that the Host 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 the Host to legally provide the Service;
7.3.2 The provision of the Service by the Host based upon information and material provided by the Client.
8.1 Subject to Clause 3 and sub-clauses 8.2 and 8.3 the Host 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;
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 of data including the failure of a backup system to be able to restore the data.
8.2 Nothing in this Clause shall exclude the liability of the Host for death or personal injury resulting from the Host's negligence or that of its employees or agents.
8.3 Nothing in this Clause or in this Agreement shall exclude the liability of the Host for fraudulent misrepresentation.
9. Warranty Disclaimer
Subject to the provisions of this Agreement, the Host gives no warranty, express or implied, in connection with the Service as to fitness for purpose, quality, non-infringement or merchantability.
10.1 The Client will fully indemnify the Host against all costs, expenses, liabilities, losses, damages and judgments that the Host 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 this Agreement;
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 the Host nor the Client shall be liable for breaching this Agreement 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; national emergencies; governmental action; union action; civil unrest; fire; explosion; flood and theft.
12. Terms and Termination
12.1 The initial period of Service provision will commence on the date that the Client's Order is processed. This term shall last for the period chosen by the Client during their order, subject to the termination provisions below and to the refund provisions of sub-clause 2.2 of this Agreement.
12.2 Subsequent periods of Service Provision shall last for the period chosen by the Client and will follow on from a previous period, without interruption, subject to the fulfilment of the Client's payment obligations under Clause 4 of this Agreement. All subsequent periods are subject to the termination provisions below.
12.3 The Host reserves the right to terminate this Agreement with refund or to suspend the Service in the following circumstances:
12.3.1 If the Client fails to pay fees due under Clause 4 of this Agreement;
12.3.2 If the Client is in breach of the terms of this Agreement;
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 this Agreement by telephone or electronic notice via a cancelation request support ticket raised online from the Clients account, 7 days in advance, The following shall apply to such situations:
12.4.1 The issuing of refunds is at the sole discretion of the Host;
12.4.2 If the Client wishes to terminate during the course of their chosen period of Service provision the Service will end on the next due date after the Host receives the Client's notice, where the Client advises immediate termination the termination will occur within 2 Business days after the Host receives the notice, No refunds will be issued for any remaining period of Service provision.
12.5 On termination of the Service and this Agreement the Client's Website and all related material will be removed from the Hosting Hardware
12.6 The Client may request a cancelation and full refund where the time passed since the initial order is no more than 30 days which includes the day of order, this constitutes the 30 day money back guarantee, any domains provided free of charge will also be cancelled.
13.1 With effect from the date of the provision of Service the Host shall, in consideration of the Fees paid in accordance with the Fees and Payment section and in response to support requests from the Customer in accordance with clause 13.2, provide the Support and the other support services, if any, expressley identified in the schedule or otherwise agreed under this agreement.
13.2 Support Requests. The Client will make all requests for support by creating a Ticket using the Support Ticketing System. The Support Ticketing System will be available 24 hours per day, 7 days per week. The initial response to tickets raised via the Support Ticketing system will generally be within 1hr. Best effort will apply and this time may be longer during busy periods.
The Host may also receive calls on the Support Telephone Line. The Host shall ensure that the Support Telephone Line will be equipped with a voicemail facility. A support specialist will be available during UK office hours to answer calls to the Support Telephone Line number or reply to voicemails.
If your support request is urgent always use the Support Ticketing System where you will obtain support in accordance with 13.2.
13.2.1 In the case of voicemails left by the Client on the voicemail facility of the Support Telephone Line the Host will endeavour to return the Client's call within the same day and in all cases by the close of business on the next Business Day.
13.2.2 The Host is not responsible for responding to support calls, voicemails or email messages other than those raised directly via the Support Telephone Line or the Support Ticketing System.
13.3 The Host shall be obliged to provide Support only in respect of the scope of the Service provided by the Host. This does not include 3rd Party application support, for example but not limited to, Joomla, Wordpress, Magento, Open Cart etc. where the fault is not related to the Service provided by the Host.
14.1 The Host will backup the Clients data where indicated in the Hosting Package and or additional Services.
14.2 In the event of Client data loss the Host will attempt to restore the Client's data from a backup upon request from the Client.
14.2.1 Whilst the Host makes every effort to ensure the Client's data will be available for restoration from backup no guarantee is given that this data will be available or that restoration of the Client's data from a backup will be successful and the Client's attention is drawn to sub-clause 8.1.
14.2.2 The Client is solely responsible for their data at all times.
15.1 The Host reserves the right to assign or otherwise transfer any rights or obligations under this Agreement.
15.2 The Client may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the host.
In the event that any provision of this Agreement is 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 this Agreement will not operate or be interpreted as a waiver of any other provision or a subsequent breach of any provision.
17. Law and Jurisdiction
This Agreement is governed by the laws of England and Wales. Any dispute relating to this Agreement shall fall within that jurisdiction.
Additional terms to be agreed for all .UK domain registrations
When you register a domain name ending in .uk you also are entering into an agreement with Nominet the .uk registry
You can view the agreement HERE