Terms of Service
By engaging the web hosting services of WP Sites Ltd the client agrees to the below terms –
1. Definitions and Interpretation
1.1 In this Agreement, 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 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;
“Business Day” means 8.00am until 5.00pm Monday to Friday inclusive, excluding UK public holidays;
“Client Website” 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;
“Fee” means the sum payable by the Client to the Host in order to receive the Host’s Service;
“Hosting Hardware” 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;
“Hosting Package” means one of the Service packages described on the Host’s website and generally refers to the package selected by the Client;
“Hosting Software” means all software used by the Host in the provision of the Service;
“Order” 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; and
“Service” means the collective components of the Host’s website hosting service which includes, but is not limited to, the provision of internet connectivity, bandwidth, website storage, software, email accounts and data back-ups, in combination with the Client’s chosen Hosting Package or bespoke Hosting Solution 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 processed WP Sites 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 48 hours after completion of the Order.
2.2 WP Sites 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.
2.3 WP Sites 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. No alterations to the Service shall affect the Fees payable by the Client without prior agreement.
2.4 WP Sites 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. Service Level Agreement
3.1 WP Sites 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, WP Sites shall not be liable for Hosting Hardware downtime or interruptions to the provision of the Service where such downtime or interruptions last for no more than 30 minutes.
3.3 In the event of unplanned service failure that exceeds the 99.9% guarantee, excluding circumstances in clause 3.4 WP Sites will credit the equivalent to
24 hours service fee for every hour of lost service up to a maximum value equal to the client’s monthly fee. A credit offered under this agreement will be credited to your hosting account.
3.4 Where the provision of the Service is interrupted for the following reasons, WP Sites shall bear no responsibility or liability –
3.4.1 Scheduled maintenance windows, where 48 hours notice is given, lasting no more than one hour.
3.4.2 Client violations of this agreement
3.4.3 Client’s account suspension for reasons listed in Clause 12
3.4.4 Force Majeure event as detailed in Clause 11
3.5 To receive a credit the client must meet the following criteria –
3.5.1 Client is to contact WP Sites within 30 days of the end of the downtime period requesting the account credit
3.5.2 Client must not be in breach of their agreement with us, including payment obligations
3.5.3 Client must not be responsible for the downtime due to breach of the service agreement or abuse of WP Sites’ hosting service.
3.6 The maximum total credit for the monthly billing period shall not exceed 100% of the client’s fees for that period.
3.7 This service guarantee and program of credits is the sole remedy for hosting unavailability.
4. Fees and Payment
4.1 Fees for fixed Hosting Packages offered by WP Sites are published on the Host’s website and fees for bespoke Hosting solutions are laid out in the hosting proposal provided to the client prior to the commencement of service.
4.1.1 Prices shown and quoted are exclusive of VAT, which will be charged unless client can prove exemption of VAT in writing.
4.2 The Client is required to pay all fees due in advance of a one calendar month period of Service provision either through the PayPal payment service or bank transfer. The Client may choose to make advance payment for a 12 month period of service.
4.3 For the first one month of Service provision, payment of fees due shall form part of the Order process. For all subsequent one month periods of Service provision the Client will pay automatically through PayPal subscription or standing order. Clients choosing to pay annually will be sent an invoice and renewal notice 20 Business Days before the 12 month period is due to expire. Payment must be made within that 20 Business Days period in order for provision of the Service to continue without interruption.
4.4 WP Sites may at any time change the price of its Hosting Packages. The Client will not be subject to any additional charges or refunds during a prepaid one month or 12 month period of Service provision. New fees will be effective from the first day of the renewal term after WP Sites have given at least 30 days notice of increase. If the client does not give notice of termination the client is deemed to have accepted the revised fee for the renewal term.
4.5 The Client may, at any time, change their Hosting Package. If the Client chooses to do so, the Host will refund the original fee paid by the Client relative to the number of whole months out of the 12 month period of Service provision that remain. The client will be invoiced for a new 12 month period of Service provision in accordance with the fees for their new chosen Hosting Package. If the client is paying on a monthly basis there will be no refund, but the new price will apply for the following renewal term after notice of change is received.
4.6 When a client’s website reaches 90% of the disk storage or bandwidth limits defined in the Hosting Package or Hosting Proposal, the Host will contact the client to advise the approaching limit and discuss alternative Hosting Packages or arrangements. Bandwidth in excess of the Hosting Package or Hosting Proposal limits will be chargeable at the rate stated on the Host’s website. Email and disk storage limits are fixed, unless the client moves to an increased Hosting Package.
4.7 All fees payable by the Client to the Host shall be paid in full, without set off or deduction. WP Sites 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 Payment privacy: We do not store credit card details, nor do we share customer details with any third parties.
5. Changes to this Agreement
5.1 WP Sites 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 The Client will be informed of any such 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 this Agreement in accordance with Clause 12.
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. 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.
6.1.4 Sending bulk emails. ‘Bulk’ is defined as similar emails sent to 250 or more email recipients.
6.1.5 Sending unsolicited emails. ‘Unsolicited’ is defined as recipients with whom the client has no prior communication or connection, where the recipient has not provided their email address voluntarily for the purpose of receiving emails from the client’s domain.
6.1.6 Obscuring the origin of emails including omitting or disguising header information or return email addresses
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 the Host in a timely fashion.
6.8 The client agrees to cooperate with any investigation of a suspected violation of the terms of this agreement.
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 WP Sites.
7.2 WP Sites 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 WP Sites against all costs, expenses, liabilities, losses, damages, claims and judgements that the Host may incur or be subject to as a result 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 WP Sites 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.
8.2 Notwithstanding anything to the contrary in this agreement WP Sites maximum aggregate liability under any theory of law (including breach of contract, tort, strict liability and infringement) shall not exceed the actual amount paid by the Client for 3 months of service.
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, noninfringement or merchantability.
10.1 The Client will fully indemnify WP Sites against all costs, expenses, liabilities, losses, damages and judgements 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 WP Sites 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. Term 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 a period of either 12 months or one month, subject to the termination provisions below.
12.2 Subsequent periods of Service Provision shall last for a period of either 12 months or one month 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 WP Sites reserves the right to terminate this Agreement 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 giving notice, 1 month in advance for those paying annually or 5 business days for those paying monthly. The issuing of refunds is at the sole discretion of the Host;
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.
13.1 WP Sites reserves the right to assign or otherwise transfer any rights or obligations under this Agreement.
13.2 The Client may not assign or transfer any of its rights or obligations under this Agreement without the prior 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.
15. 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.
WP Sites Contact
Registered Address: Houghton Hall Lodge, The Green, Houghton Regis, Bedfordshire, LU5 5DY
Trading Address: 8 Beaton Close, Willenhall, West Midlands, WV13 3BQ