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
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").
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.
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.
By placing an order through our website, you warrant that:
you are legally capable of entering into binding contracts; and
you are at least 18 years old.
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.
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
Price and payment
The price of any Services will be as quoted on our website from time to
time, except in cases of obvious error.
The total cost of your order of the Services is set out clearly on our
website before you submit your order for the Services.
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.
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.
you give written notice of the breach to us through our support ticket
we are given a reasonable opportunity after receiving the notice of
examining our provision of the Services to you.
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
you alter the Services without our written consent; or
the problem arises because of misuse.
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.
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.
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
Access to the Hosting Service
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
Hosting Service service levels
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.
Service credits are not given for any form of downtime or service
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.
If an IP address is re-numbered or re-allocated by us, we shall use our
reasonable endeavours to avoid any disruption to you.
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.
Back-up of your material and our servers
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.
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
Hosting Service usage limitations
you do not use the Hosting Service as a backup of, or repository for,
you maintain good housekeeping to maintain your Material.
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.
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
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.
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.
Intellectual property rights
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.
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.
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.
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).
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.
We do not exclude or limit in any way our liability:
for death or personal injury caused by our negligence;
for fraud or fraudulent misrepresentation; or
for any matter for which it would be illegal for us to exclude, or
attempt to exclude, our liability.
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:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of goodwill;
loss of software or data;
wasted expenditure (such as pay per click advertising costs); or
wasted management or office time.
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
by us giving to you at least thirty (30) days advanced notice in
written sent to the then current email address registered against your
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.
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.
Deletion of your data
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.
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
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.
Events outside our control
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
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:
misuse, alteration or interference by you or any third party of our
servers or systems (including virus and hacker attacks);
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or
preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or
other natural disaster;
impossibility of the use of public or private telecommunications
the acts, decrees, legislation, regulations or restrictions of any
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.
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.
A waiver by us of any default shall not constitute a waiver of any
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.
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.
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.
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.
Our right to vary these terms and conditions
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
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
No variation of these terms and conditions shall be valid unless it is
in writing and signed on our behalf.
Law and jurisdiction
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.