1. ACCEPTANCE OF TERMS
"Acceptance Letter"
means a written letter or electronic mail sent by us confirming acceptance of your order and confirming the details of the order along with any other information as necessary
"Additional Services"
means any services made available to you during the term of the agreement, which are in addition to the Services already being provided;
"Agreement"
means the agreement by us and you comprising of these conditions, the AUP and Acceptable Letter;
"AUP"
means the acceptable use policy as published by us, which may be amended by us from time to time;
"Backup Service"
refers to the service whereby we may take a copy of your website;
"Business Day"
refers to a working day, Monday to Friday, excluding Bank Holidays;
"Conditions"
means these terms and conditions governing your use of hosting services;
"Database Limit"
means the limit upon any space allocated for the storage of database tables and the information stored within those tables;
"Data Transfer Limit"
means the limit upon the amount of data that can be downloaded from the website over a specified period of time;
"Fees"
means the fees payable by you to us for the services as specified on the relevant Order Form as may be amended by us from time to time;
"Gigabyte"
means 1,073,741,824 bytes of data;
"Hard Quota"
means any limits applicable to the Service which may not be exceeded;
"Megabyte"
means 1,048,576 bytes of data;
"Order Form"
means the registration form relating to either the Services or Additional Services which may be amended by us from time to time;
"Processing"
means the process of approval by us of your submitted request for Services as detailed in your Order Form;
"Services"
means the provision of the Web Space on one of our servers on which your Web Site may be installed;
"Soft Quota"
means any limits applicable to the service as chosen by you from options provided by us which may be exceeded as specified in these Conditions;
"Web Site"
means any text, graphics, data, files or other information which are stored electronically on our servers;
"Web Space"
means the amount of disk space allocated for the storage of the your website;
"Web Space Limit"
means the amount of disk space allocated for the purpose of publishing your web site;
"we" / "us" / "our"
means Gybol Ltd, registered office Littlehaven House, 24-26 Littlehaven Lane, Roffey, Horsham, West Sussex, RH12 4HT. Company registration number 3541629;
"you" / "your"
denotes you, the customer.
These Conditions explain our responsibilities to you and your responsibilities to us. We may update and change the Services from time to time.
BY COMPLETING THE ORDER FORM AND SUBSCRIBING TO THE SERVICES, YOU AGREE TO BE BOUND BY THESE CONDITIONS, SO PLEASE READ ALL THE TERMS CAREFULLY. THESE CONDITIONS TAKE PRECEDENCE OVER ANY PROVISIONS SET OUT IN THE ORDER FORM.
2. CUSTOMER OBLIGATIONS
2.1 You represent that you have the power and authority to enter into this Agreement and any other applicable agreements and that in using the Services you will comply with this Agreement.
2.2 You are responsible in all aspects for the content of your Web Site and hereby undertake that the pages displayed on the Web Site do not violate any applicable law. You must ensure that any pages on the Web Site liable to offend or containing any links to adult material must display clearly a warning page allowing anyone to be aware of the nature of the content before the material is displayed.
2.3 You warrant that you will use the Web Hosting Space for lawful purposes only. You also agree that you will not permit or allow any other party to use your Web Space in violation of any law and that you will not link or transmit any material containing a virus or other potentially damaging computer programme.
2.4 You warrant that you hold all rights and permissions to display any works or information included on the Web Site. You also warrant that by using the Web Site and related Services that neither you nor us respectively will be infringing any third party intellectual property rights.
2.5 We agree to provide a backup service at our own discretion and you are encouraged to keep separate copies of your own files.
2.6 You will be responsible for any loss or damage to data stored on the server however so caused.
2.7 You shall be responsible at all times for the protection and non-disclosure of all identification details including passwords and other confidential information relating to the Services and the safe and secure access to those services. You shall notify the us immediately of any unauthorised use of the Service or any breach of security, loss, theft or disclosure of passwords or identification details.
3. COMPANY RIGHTS AND OBLIGATIONS
3.1 We shall use reasonable endeavours to perform the Service and will as soon as is practical following receipt of an order, provide you with a user identification and password for access to the Web Site.
3.2 We give no warranty that access to our Servers and your Web Site shall be uninterrupted or error free. For the avoidance of doubt, any standards relating to the availability of the Services shall be deemed as targets. We shall use all reasonable endeavours to meet such targets but failure by us to do so, shall not constitute a breach of contract. We accept no liability for any loss whatsoever in the event that the Services are interrupted, are not error free or if the we fail to achieve any targets.
3.3 By submitting an order, you will provide us with certain personal information or data. It is your responsibility to keep the personal data provided to us up to date at all times. We will comply with all applicable data protection laws. Personal data will not be passed on to any third parties without your prior consent, other than as stated below.
3.4 If you breach this agreement or otherwise jeopardises or compromises the integrity of our network, we may take whatever steps we deem necessary to investigate and resolve any such matter. Without limitation, you authorise us to use the your personal data and other information in connection with any such investigation, including disclosing said information to any third party which has a legitimate interest in any such investigation.
3.5 You may be subject to a standard credit check. The information that you provide may be disclosed to a licensed credit reference agency which will retain a record of the search. You authorise the us to make such disclosures.
4. Exceeding Limits
4.1 When submitting an order, you will select the type of Services required and will specify, from available options, the upper limits required for the Web Space Limit, Data Transfer Limit and, if applicable, Database Limit. These limits shall represent the Soft Quota.
4.2 In the event that you exceed the Soft Quota, we are entitled to take action which may be any combination of the following:-
i. to charge for any excess usage at rates published on our website, which may be changed from time to time.
ii. to apply a Hard Quota, with limits higher or equal to the Soft Quota, which shall be notified to you by email.
4.3 In the event that you exceed a Hard Quota, we shall be entitled to suspend Services with immediate effect. Such suspension shall be notified to you by email. You shall then be responsible for bringing the service back within its limits, or requesting an upgrade to the service. During any suspension period, you shall remain liable to pay all Fees due.
5. SUBSCRIPTION, FEES AND PAYMENT
5.1 Subscription to the Service is for a minimum period of 12 months ("Initial Period") commencing on the date we start processing and shall be automatically renewable for additional 12 month periods ("Renewable Period") unless you terminate by providing notice under Condition 7.1 below.
5.2 All fees shall be payable in advance on either a monthly, quarterly or annual basis as specified on the Order Form and/or in the Acceptable Letter. Payment will be due no later than the date specified on the invoice or in the case of credit card or direct debit payments, payment shall be due on the date advised by us ("Due Date").
5.3 All charges levied by us are exclusive of Value Added Tax for which you shall be liable at the applicable rate.
5.4 In the event that any Additional Services are provided by us, you shall be obliged to pay any increased Fees which shall be applied from the date that such Additional Services are provided.
5.5 You agree that failure to pay any fee when due (as evidenced for example by, without limitation, your credit card company notifying us or that you are disputing the payment of, or refusing to pay such fee, or where your credit card has been declined) will entitle us to immediately cease provision of the services to you.
6. DOMAIN NAME REGISTRATION SERVICES
6.1 Where the Service includes registration of one or more domain names, you agree to be subject to the conditions as laid out in our "Domain Name Registration Terms and Conditions".
7. TERMINATION
7.1 The Agreement shall remain in force for the duration of the Service provided that you are entitled to terminate the Agreement at any time after the Initial Period. Thereafter, you may terminate your services at any time by providing not less than thirty days notice in writing.
7.2 Notwithstanding other provisions of the Agreement, either party shall be entitled to terminate the Agreement by written notice to the other if the other part commits any breach of the Agreement whereby:
i. the breach is incapable of remedy, or
ii. the other party fails to remedy the breach within thirty days of a written notice detailing the breach.
7.3 Upon termination of the Agreement for whatever reason, we shall delete your Web Site and any other stored inforamation from our servers without any liability whatsoever.
7.4 Termination shall be without prejudice to any other rights or remedies a part may be entitled to under law and shall not affect any accrued rights or liabilities or either party.
7.5 In the event that you cancel the Agreement during the Initial Period, all Fees due to the end of the Initial Period shall become immediately due.
7.6 You shall remain liable for any other outstanding Fees, including but not limited to any Fees due for Additional Services and expenses, which shall become due for immediate payment.
PLEASE NOTE, ANY NOTICE SERVED TO US TO TERMINATE THE SERVICE WILL REQUIRE CLEAR INSTRUCTIONS FOR TERMINATION WITH AN AUTHORISED SIGNATORY. IF WE DO NOT RECEIVE CLEAR INSTRUCTIONS FROM AN AUTHORISED SIGNATORY, WE MAY NOT BE ABLE TO PROCEED WITH YOUR TERMINATION REQUEST.
8. MAINTENANCE AND SUPPORT
8.1 By requesting assistance and advice by email to cs@gybol.com or by telephone, we shall endeavour to provide you with technical assistance with difficulties that may arise in connection with the provision of the Service. We reserve the right to establish limitations on the extent of such support, and the hours at which it is available and you understand that we cannot accept any liability for any loss (direct, indirect or consequential) or damage arising out of the giving of such assistance and advice which is not due to our negligence, recklessness or wilful misconduct in the performance of our obligations under these conditions.
8.2 Our Services are subject to change from time to time. If you cannot use any part of the service or where a failure, suspension or withdrawal of all or part of the services is beyond our reasonable control, compensation will not be payable.
8.3 We may implement systems designed to reject certain undesired email (including unsolicited commercial email) or delete them before delivery. Where such systems accidentally reject or delete legitimate email, we will endeavour to take steps to prevent future incidents but shall not be liable for any losses that you may incur are a result of any rejections or deletions.
9. LIMITATION OF LIABILITY
9.1 EXCEPT AS EXPRESSLY SET OUT IN THESE CONDITIONS WE DO NOT MAKE ANY OTHER WARRANTY, REPRESENTATION OR PROMISE IN CONNECTION WITH THE SUBJECT MATTER OF THESE CONDITIONS AND HEREBY EXCLUDE ALL LIABILITY FOR ANY AND ALL IMPLIED WARRANTIES, EXCEPT THOSE NOT EXCLUDABLE BY LAW, EXPRESS TERMS AND ANY LIABILITY FOR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LIABILITY HOWSOEVER OCCASIONED.
9.2 You acknowledge that we shall use all reasonable endeavours to provide the services subject to the following for which we shall have no liability:
9.3 To the extent permitted by law, you agree that we do not have any liability to you or your agent (if any) for any loss you may incur in connection with our processing of your registration services, the Domain Name Registry's processing of any application for a domain name, the processing of any authorised modification to the domain name's record during the covered registration period, or the failure by your agent (if any) to pay a registration fee or renewal fee, or as a result of the application of the provisions of the Domain Name Registry's dispute policy. You agree that in no event will our liability under the registration services for any matter exceed, in our sole option, the re-supply of the registration services again or the fee as specified in your order form for the provision of the registration services.
9.4 Except as expressly provided in these Conditions, we shall not be liable to you for any loss or destruction of data resulting from the use of email as part of the Service.
10. BREACH
You agree that failure to abide by any provision of these conditions may be considered by us to be a material breach and that we may provide a notice, describing the breach, to you. If, within thirty (30) days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations, then at our sole discretion, we may terminate or suspend your registration services. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other, breach by you. Notice may be given by mail, facsimile or electronic means. In the event that we terminate your registration services in connection with this condition, you will not be entitled to a refund of any fees you have paid to us.
11. MISCELLANEOUS PROVISIONS
11.1 These conditions (including, for the avoidance of doubt, the order form) contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals (whether written or oral) between us in relation to such matters. Each of us confirms that, in agreeing to enter into these conditions, neither of us has relied on any representation except as has been expressly set out in these conditions and we both agree that neither party shall have any remedy in respect of any misrepresentation which has not become a term of these conditions, except in respect of any fraudulent or negligent misrepresentation, whether or not such has become a term of these conditions.
11.2 You may not share with any other party your rights or obligations under these conditions.
11.3 We reserve the right to assign or sub-contract any or all of our rights and obligations under these conditions without your further consent to such assignment or subcontract.
11.4 You agree not to make use of anyone else's personal details.
11.5 Any failure by either of us to exercise or enforce any right or provision of these conditions shall not constitute a waiver of such right or provision.
11.6 We shall not be deemed to be in breach of these conditions or otherwise liable for any delay in performance or any failure to perform any obligations under these conditions (and the time for performance shall be extended accordingly) if and to the extent that the delay or failure is due to circumstances beyond our reasonable control.
11.7 If any provision of these conditions is found by a court of competent jurisdiction to be invalid or unenforceable, we both nevertheless agree to give effect to our intentions as reflected in the provision, and the other provisions of these conditions shall remain in full force and effect and this shall not affect the enforceability of any remaining provisions of these conditions.
11.8 The parties agree that the provisions of these conditions are personal to them and are not intended to confer any rights on any other third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to the registration services or to any provision of these conditions.
11.9 These conditions and the registration services shall be governed by the laws of England and Wales and we both submit to the non-exclusive jurisdiction of the courts of England.
11.10 Not withstanding anything expressed in these conditions, we shall not be liable for any delay or failure in carrying out our obligations hereunder resulting from causes beyond our reasonable control.
11.11 We will send any notices to you at the address stated on the order form or at such other address as you shall notify to us in writing.