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Terms and Conditions of GS Host Services Please read these terms and conditions carefully before ordering any services.

This page was last updated: 11th January 2013


This page (together with the documents referred to on it) tells you the terms and conditions on which we supply our services described on our website gs-host.co.uk to you ("Services"). Our primary services are a website hosting services ("Hosting Service").

Please read these terms and conditions carefully before ordering any Services from our website. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.

1. Privacy policy and newsletter

1.1 You acknowledge and agree to be bound by the terms of our privacy policy.

1.2 By placing an order for the Services, you consent to us sending to you our regular newsletter. This newsletter is our primary method of communicating with you and will inform you of changes to our website, notify you of planned outages and updates, and keep you informed about our services generally.

2. Your status

2.1 By placing an order through our website, you warrant that:

2.1.1 you are legally capable of entering into binding contracts; and

2.1.2 you are at least 18 years old.

2.2 If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.

3. Our status

3.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.

4. Price and payment

4.1 The price of any Services will be as quoted on our website from time to time, except in cases of obvious error.

4.2 The total cost of your order of the Services is set out clearly on our website before you submit your order for the Services.

4.3 Prices are liable to change at any time. We will notify you of a change in our prices at least thirty (30) days before the price increase comes into force. If you do not agree to such price changes, please cancel your Services. If you do not cancel you will be deemed to have accepted the new prices.

5. Quality

5.1 We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.

5.2 you give written notice of the breach to us through our support ticket system and

5.2.1 we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you.

5.3 the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any); or

5.3.1 you alter the Services without our written consent; or

5.3.2 the problem arises because of misuse.

5.4 Subject to clause 5.2 and clause 5.3, if we are in breach of the warranty in clause 5.1 we will, at our expense, use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata price. This constitutes your sole and exclusive remedy for any breach of the warranty set out in clause 5.1. Notwithstanding the foregoing, we do not warrant that your use of the Services will be uninterrupted or error-free.

5.5 We reserve the right to modify the Services without notice to you provided such modification does not adversely effect your access to, or use of, the Services or detract from the overall performance of the Services. Any change which may have such adverse effect on you or may detract from the overall performance of the Services will be notified to you at least sixty (60) days prior to the change taking effect.

5.6 You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.

6. Access to the Hosting Service

6.1 You are responsible for making all arrangements necessary for you to have access to our Hosting Services. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions and that they comply with them.

7. Hosting Service service levels

7.1 We will use our reasonable endeavours to make our servers available to you as part of the Hosting Service you purchase for ninety-nine point nine-nine (99.99) per cent of each calendar month. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum. We shall make all commercially reasonable efforts to provide you with advanced notification of all scheduled and emergency outages through the email and our newsletter.

7.2 Service credits are not given for any form of downtime or service unavailability.

8. IP addresses

8.1 You will have no right, title or interest in any internet protocol address ("IP address") allocated to you, and any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.

8.2 If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.

8.3 You agree that you shall have no right, title or interest to any IP address upon expiry or termination of the Services, and that the acquisition by you of a new IP address following expiry or termination of the Services shall be solely your responsibility.

9. Back-up of your material and our servers

9.1 It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload (or permit to be uploaded) onto our servers ("Material") as part of your use of the Hosting Services. In the event of loss of or damage to your Material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.

9.2 We will follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our servers (including your Material) from the latest back-up we maintained in accordance with our archiving procedure. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.

10. Hosting Service usage limitations

10.1 you do not use the Hosting Service as a backup of, or repository for, your Material;

10.1.2 you maintain good housekeeping to maintain your Material.

10.2 You will only be allowed to use a maximum of five (5) per cent of our server's processing capacity when using the Hosting Service package you order. At our absolute discretion, we may allow your usage to exceed this limitation, and we will speak to you about your hosting requirements if your usage has, or may have, a detrimental effect on our other customers.

10.6 We shall be entitled to terminate the Hosting Service, or suspend or terminate the provision of any individual Services, if you are in breach of our terms and conditions policy

11. Support

11.1 If a problem has arisen with regard to the Services or your registered account, you can access support through our support ticket system twenty-four (24) hours a day, seven (7) days a week.

11.2 Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support to you, but, as part of our Hosting Services, our servers are compatible with many programming languages.

12. Intellectual property rights

12.1 You, or your licensor, retain all intellectual property rights in your Material, and you grant to us a worldwide, non-exclusive, royalty free licence to use, store and maintain your Material on our servers and publish your Material on the Internet for the purpose of providing the Hosting Service to you. You warrant that your Material does not infringe the intellectual property rights of any third party. We may make such copies as may be necessary to perform our obligations, including making back-up copies of your Material.

12.2 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.

13. Our liability

13.1 We do not monitor and will not have any liability for your Material or any other communication you transmit, or allow to be transmitted, by virtue of the Hosting Services.

13.2 Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider and no guarantee or representation is given that the Hosting Services will be free from hackers or unauthorised users. You shall be liable for the content of any emails transmitted by virtue of the Hosting Services, for any material you upload to, or allow to be uploaded to, our servers and for ensuring compliance at all times with all relevant legislation (including, but not limited to the Data Protection Act 1998 and all other privacy laws, regulations and guidance notes made or issued thereunder).

13.3 All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.

13.4 We do not exclude or limit in any way our liability:

13.4.1 for death or personal injury caused by our negligence;

13.4.2 for fraud or fraudulent misrepresentation; or

13.4.3 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

13.5 We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:

13.5.1 loss of income or revenue;

13.5.2 loss of business;

13.5.3 loss of profits or contracts;

13.5.4 loss of anticipated savings;

13.5.5 loss of goodwill;

13.5.6 loss of software or data;

13.5.7 wasted expenditure (such as pay per click advertising costs); or

13.5.8 wasted management or office time.

14. Cancellation

14.1 You can cancel Service anytime via our support ticket system. As part of our cancellation process, we will respond to you through our support ticket system and you must re-confirm your cancellation request. You must re-confirm your cancellation request via our support ticket system or we will continue to supply the relevant Services and your cancellation will be ineffective. You cannot cancel any of your Services by letter, email or telephone. You will not receive any refund of the price you have paid for the Services you have cancelled; or

14.2 by us giving to you at least thirty (30) days advanced notice in written sent to the then current email address registered against your account.

14.4 The monthly price for Services we supply continue on a month to month basis under clause and shall be charged monthly in advance directly to a PayPal payment method registered against your account. Such payment will be taken on the same date of the month as on which the Services had originally commenced ("Payment Date") unless or until you cancel the Services. We will not provide you with a refund for a cancellation that is part-way through a billing period. Where the Payment Date does not recur in a particular month (e.g., 31 January, but there is no 31 February), you will be charged on the closest preceding date to the Payment Date (e.g., 28 February) for that month.

14.5 Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation of these terms and conditions we may terminate the Services by seven (7) days notice to you and/or, at our absolute discretion, terminate or suspend without notice any individual Services we provide to you from time to time.

15. Deletion of your data

15.1 If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.

16. Written communications

16.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. 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.

17. Notices

17.1 All notices given by you to us must be given though our support ticket system. We may give notice to you at either the then current e-mail or postal address registered against your account with us.

18. Events outside our control

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control ("Force Majeure Event").

18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

18.2.1 misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);

18.2.2 strikes, lock-outs or other industrial action;

18.2.3 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

18.2.4 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

18.2.5 impossibility of the use of public or private telecommunications networks; and

18.2.6 the acts, decrees, legislation, regulations or restrictions of any government.

18.3 Our performance and Services will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.

19. Waiver

19.1 If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

20. Severability

20.1 If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

21. Entire agreement

21.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

21.2 We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

21.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

22. Our right to vary these terms and conditions

22.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

22.2 You will be subject to the terms and conditions in force at the time that you order services from us, unless any change to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the Acceptance Confirmation).

22.3 No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.

23. Law and jurisdiction

23.1 The purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such the Services or terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between us both.
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