Web hosting Terms and Conditions

Web Hosting Supplemental Terms and Conditions

These supplemental terms and conditions are to be read in conjunction with our General Terms and Conditions. All defined terms within these supplemental terms and conditions have the same meaning as those set out in the General Terms and Conditions. In the event of any conflict between these supplemental terms and conditions and the General Terms and Conditions, the provisions of these supplemental terms and conditions shall apply.

1. Definitions

Prohibited Content”:
(a) any content that:
(i) breaches any laws, regulations or legally binding codes;
(ii) infringes any person’s intellectual property rights or other legal rights; or
(iii) may give rise to any form of legal action against the Company or the Customer or any third party, in each case in any jurisdiction and under any applicable law;
(b) obscene, indecent, pornographic, lewd, graphic, offensive or grotesque works and materials;
(c) works and materials which are likely to cause annoyance, inconvenience or anxiety to any internet user; and
(d) spam, including unsolicited bulk messages and unsolicited commercial messages;
Resources” The resources specified in the Schedule;
Services” The services detailed in Clause 3;
Website” The website or websites specified in the Schedule; and

2. Transition and implementation

2.1 At the request of the Customer, the Company will transfer the Website from its development servers or use reasonable endeavours to assist with the transition of the Website from any third party. Should the transfer not be capable of being completed within a reasonable period of assistance from the Company, further assistance will be subject to the payment of the Company’s reasonable costs.
2.2 Within five working days of the transfer, the Customer will comprehensively test the hosting of the Website. In the absence of notification within that period that the Website is not operating satisfactorily, the Company will assume the Customer is satisfied with the implementation and operation of the Website.

3. Services

3.1 From the date of implementation, the Company will host the Website in the manner specified in the Schedule, and will make available the Resources for this purpose.
3.2 The Company may suspend some or all of the Services in order to carry out scheduled or emergency maintenance or repairs. The Company will use reasonable endeavours to minimise the disruption caused by maintenance and repairs. Subject to this Clause 4.2, the Company will use reasonable endeavours to maintain the Website availability level specified in the Schedule.
3.3 The Company may make available to the Customer the ability to update or amend the Website.
3.4 The Company will upon request provide POP, IMAP and webmail email services to the Customer. If the Customer or a mailbox exceeds the relevant storage limit notified by the Company to the Customer from time to time, the Company may suspend storage and transmission of emails until the relevant storage volume is reduced.

4. Customer Responsibilities

4.1 The Customer will provide the Company with all co-operation, information and documentation reasonably required for the implementation and hosting of the Website and the provision of the other Services, and the Customer will be responsible for procuring any third party co-operation reasonably required for the transfer and hosting of the Website and the provision of the other Services.
4.2 The Customer will be responsible for obtaining suitable licences of third party software (such as email client software) which are required for the full use of the Services.
4.3 The Customer will be responsible for payment of all royalties occasioned by the operation of the website.
4.4 It is the Customer’s responsibility to keep any passwords relating to the Services confidential, and to change such passwords on a regular basis. The Customer will notify the Company immediately if it becomes aware that a password relating to the Services is or may have been compromised or misused.
4.5 The Customer grants to the Company a worldwide, non-exclusive, royalty-free licence to copy and otherwise use the Website and other works and materials processed through the Services by or on behalf of the Customer for the purposes of:
(a) providing the Services;
(b) fulfilling the Company’s contractual obligations under the Agreement; and
(c) exercising the Company’s contractual rights under the Agreement, Web Hosting Supplemental and the Customer also grants to the Company the right to sub-license these rights for these purposes.

5. Acceptable Use

5.1 The Customer must not use the Website or any of the Services:
(a) to host, store, send, relay or process any Prohibited Content;
(b) for any purpose which is unlawful, fraudulent, or infringes any third party rights; or
(c) in any way which may put the Company in breach of a contractual or other obligation owed by the Company to any internet service provider.
5.2 The Company reserves the right to remove content from the Website where it reasonably suspects such content is Prohibited Content.
5.3 The Website’s utilisation of Resources must not exceed the limits set out in the Schedule. If the Website’s utilisation of Resources exceeds those limits, the parties will endeavour to agree a variation to this Agreement. If the parties cannot agree such a variation within a reasonable period (being not more than 14 days) following notice from the Company to the Customer requesting such variation, and Resource utilisation continues to exceed those limits, the Customer will be deemed to be in material breach of this Agreement.
5.4 The Customer acknowledges that the Company does not purport to monitor the content of the Website or the use of the Services.
5.5 Where the Company reasonably suspects that there has been a breach of the provisions of this Clause 5, the Company may suspend any or all of the Services and/or the Customer’s access to any or all Services while it investigates the matter.
5.6 Any breach by the Customer of this Clause 5 will be deemed to be a material breach of this Agreement.
5.7 The Customer hereby indemnifies the Company and undertakes to keep the Company indemnified against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts paid in settlement of legal claims) arising directly or indirectly as a result of any breach by the Customer of this Clause and sub-clauses 4.2 and 4.3.

6. Termination

The Company may terminate this contract without further notice, if, in the sole opinion of the Company, the Customer seeks greater levels of service than are provided for by this Contract.

7. Effects of termination

7.1 If this Agreement is terminated in accordance with its terms (but not in any other case): Web Hosting Supplemental
(a) the Company will promptly provide to the Customer an electronic copy of the Website;
(b) the Company will provide such assistance as is reasonably requested by the Customer to transfer the hosting of the Website to the Customer or another service provider, subject to payment of the Company’s reasonable expenses; and
(c) the Customer will be entitled to a refund of any charges paid by the Customer to the Company in respect of any Services which were to be performed after the date of effective termination, and will be released from any obligation to pay such charges to the Company (such amount to be calculated by the Company using any reasonable methodology).
7.2 Save as provided in Clause 7.1, the Customer will not be entitled to any refund on termination, and will not be released from any obligation to pay charges to the Company.
7.3 Subject to Clause 7.1(a), the Company may following termination of the Agreement delete from its computer systems any or all Customer data.
7.4 Notwithstanding Clause 7.3, the Customer acknowledges that the Company may retain Customer data in its systems after the date of termination, whether for technical reasons, legal reasons or otherwise.

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