We are unable to assert fitness for any specific purpose and as such the Company cannot be held liable for any form of consequential loss or damage caused directly or indirectly by use of our service, misuse of our service, downtime, service issues, data loss or any other event.
Our maximum aggregate liability to you under or in connection with this agreement in respect of any direct loss, whether such claim arises in contract or in tort shall not exceed a sum equal to twice the fees paid by you for the services in relation to which your claim arises during the [12 month] period prior to such claim.
None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from our negligence, the negligence of our employees or our sub-contractors. We will not be liable for any interruptions to services arising directly or indirectly from:
Interruptions to the flow of data to or from the internet
The effects of the failure or interruption of services provided by a third party
Factors outside our reasonable control
Your actions or omissions
Problems with your equipment and/or third party equipment
No action or proceedings against us arising out of or in connection with this agreement shall be commenced more than one year after services rendered, and both parties acknowledge that this clause constitutes an express waiver of any rights under any otherwise applicable statute of limitations.
In the event of any preventable disruption to service we will credit your account as described in our Service Level Agreement. Our liability will not exceed the total amount paid to date for the service. If you have sensitive or mission-critical data to host, you must seek your own insurance and independent legal advice.
Our backups are intended as a convenience service and are not guaranteed or intended to replace your backup procedures. It is your sole responsibility to ensure you have a backup of all your important data.
Third Party Services
Some of the services we provide (domain names, SSL certificates) are fulfilled by a third party provider. For instance, an SSL certificate is provided by a root certificate provider (e.g. Thawte, Comodo, Verisign, Geotrust…), and domain names are provided by the organisation in charge of that namespace (e.g. Nominet for UK domain names). Whilst we always pass your orders on to these third party entities in a timely fashion, we unfortunately cannot be held liable for any failings on their behalf.
We will however be happy to chase them, and in most cases we can offer a goodwill refund at our discretion should you be dissatisfied with a time delay.
All third party software and hardware shall be sold subject to your acceptance of the relevant supplier’s software licence for such third party software. Where possible, we shall forward to you any and all representations and warranties we receive from the respective third party software supplier.
Our Assisted Migration service is intended as a help for you to migrate to us. It is provided on a best-effort basis. We will endeavour to migrate your site as successfully as possible but the you accept that this might not always be possible. If we are unable to migrate your site, we may, at our sole discretion, provide a refund of the fee paid for the hosting service, less domain registration/transfer fees, SSL certificates and other associated services.
As an incentive to move your website to us we may, at our sole discretion, credit you with up to six months of free hosting service upon production of a valid invoice showing an equivalent payment to your previous provider. This credit will be applied to your existing due date.
We will not be responsible for any failure to provide any services or perform any obligation because of any act of God, strike, lock-outs or other industrial disputes.
Any notice or communications required or permitted to be delivered by us to you shall be deemed to have been given if delivered by Email in accordance with the contact information that you have provided.
You shall not assign, transfer, charge or deal in any other manner with this Agreement or any of its rights under it nor purport to do the same without our prior written consent.
We may at any time, assign (absolutely or by way of security and in whole or in part), transfer, mortgage, charge or deal in any other manner with the benefit of any or all of any other party’s obligations or any benefit arising under this agreement.
Amendment in Writing
We may update or amend these terms and conditions from time time to comply with law or to meet our changing business requirements.
This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
Nothing in this clause operates to limit or exclude any liability for fraud
If any provision of this agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
Governing law and Jurisdiction
This agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.
The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).