General terms of service

We are Redcentaur Hosting, a sole trader company working from the address provided on our website.

Introduction

These General Terms relate to the submission of an order to us to provide you with services through our website at redcentaurhosting.co.uk and your registration for an account on the website by which you will be able to administrate those services you receive from us. By submitting your details to us for registration of an account on the website you agree to be legally bound by these General Terms and any relevant Schedules.

Specific terms relevant to the provision of particular services to you are set out in separate terms, known as Schedules. If you submit an order for specific services, you agree to be legally bound by the relevant Schedules as well as these General Terms.

Together, the General Terms, relevant Schedules and other Policies identified on the website constitute the Terms and Conditions of Service, otherwise known as the agreement.

Application of Terms and Conditions

The General Terms apply to all orders and agreements that you enter into with us for web hosting and related services. By submitting an order to us through the website or by other means, you acknowledge your acceptance of the terms and conditions, schedules and policies that constitute the agreement in their entirety and exclusive of any special conditions you submit, propose or stipulate.

Entire agreement

The Terms and Conditions, these General Terms, any relevant Schedules and Policies and the order constitute the entire agreement between us and you. You cannot rely on any representation that is not set out in these documents.

Conflicts and precedence

If there is any conflict between the provisions set out in the documents and provisions that constitute the Terms and Conditions, they will be considered in the following order of precedence:

• the order prevails over

• these General Terms, which prevail over

• the Schedules, which prevail over

• the Policies.

Registration

Need to register an account

If you want to place an order through the website, or to administrate your account with us through the website, you will need to register for an account on the website. Once you have access to your account through our website, you will be able to change the details we hold about you and administrate the services that we provide you. It is not necessary to register an account to browse the public areas of our website.

If you have an account already, you can sign in to your existing account with us to place an order for additional services or products.

How to register an account

If you do not have an account, you will have to register on the website to place an order with us. To register, you will have to provide us with specific and relevant personal information. See our Privacy Policy and our Cookies Policy for more details relating to this.

By registering for an account and/or submitting an order to us, you warrant that you are at least 18 years of age and that you are authorised to order our services on behalf of the individual or organisation for which you are acting.

You are responsible for all orders, transactions and changes that are made through your account on our website. It is your responsibility to maintain the security of your username and password (your credentials) and to prevent unauthorised access to and use of your account.

From the initiation of the account registration process, you are responsible for ensuring the details we receive and hold for you are accurate, correct and up-to-date. These obligations are identified in "Your obligations" in this agreement.

We reserve the right to reject any account registration or refuse access to the website to anyone for any reason at our discretion.

Placing an order

How to place an order

Once you have registered an account with us, you can place an order. You can select the products and services that your order relates to on the website. Before your order is submitted, you will be able to review your order with a schedule of the fees for the services and products you have selected. Before confirming the order, you must correct any errors. All fees are payable upon submission of an order in the currency in force in England at the time the order is made.

Payment for an order

We provide various methods of payment through the website and/or through other means. These methods of payment may change from time to time and in accordance with our business needs. Where we use a Third Party payment mechanism to take payment and you agree to use that mechanism by selecting it in the order payment, you agree to be bound by any relevant terms and conditions the Third Party places upon you. We may, at our sole discretion, surcharge you any fees for the use of a payment mechanism you choose when making an order.

We are not bound to supply and products or services to you until we have received the necessary cleared funds in full. If we provide you with a service and you fail to pay in full for the service, we may suspend and/or terminate any of the products or services we provide to you at any time. You will remain responsible for any fees or charges for products and services that we have provided to you, even if you subsequently decide to cancel the order. You are responsible for ensuring you are authorised to make the relevant payment and that you have sufficient funds available to do so.

Late payments for an order

Failure to pay fees on time in accordance with the payment terms we provide may result in additional charges being applied and/or the addition of charges under the terms of the Late Payments of Commercial Debts Regulations, 2002.

Confirmation of acceptance of the Terms and Conditions

Confirmation and submission of an order is subject to your agreement to the Terms and Conditions current at the date you submit the order. It is your responsibility to review and understand the General Terms, relevant Schedules and Policies and any other documentation relevant to your order prior to placing the order.

When you submit an order to us, you are offering to buy the related products and services from us. It remains an offer until we issue our order acceptance or when we receive your notice that you would like to cancel your order, whichever is earlier.

Order acceptance

We are not obliged to provide any products or services to you until we have accepted your order for those services or products. We may refuse to accept your order for any reason at our sole discretion and we are not obliged to indicate or discuss our reasons with you. Any acknowledgement of your order we send you is for your reference and information only and is not an acceptance of your order.

Cancellation before acceptance

Until we have sent you an order acceptance, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If either of us cancel the order before we have sent you an order acceptance, we will arrange for you to be refunded any fees that you have already paid in respect of that order, subject to the provisions of this agreement.

We may send you an invoice at any time after we have sent you an order acceptance.

Mistakes in your order

If you realise you have made a mistake in your order after you submitted it, or when we send out an acknowledgement of your order, please contact us as soon as possible and in any event prior to receiving our order acceptance. If you receive the order acceptance before you contact us, you will be bound to pay for the products and services that are detailed in the acceptance. We may be able to make amendments to your order after we have accepted it, at our sole discretion.

Provisioning of services

Once we send you an order acceptance, we shall work to provision the products and services that are requested in your order. Details of the activation will be outlined in the order acceptance and further details will be provided during the activation process. Some services and/or products may take a few days to provision, depending on the nature of the service you have requested.

Some services and products may require you to take appropriate action to authorise or authenticate the products or services ordered. In this case, you are responsible for completing the actions that you are required to complete in a timely manner so that the products and services can be provisioned. If you fail to authorise or authenticate the underlying product or service, we are not liable for refunding you.

Additional agreements

In respect of products or services offered by third parties, there may be additional regulatory requirements or terms and conditions placed upon you by the supplier. It is your responsibility to comply in full with these requirements and terms and conditions.

Term

The agreement will continue in force until otherwise terminated in accordance with this agreement. Where the agreement continues past the period of service agreed, you will be liable for additional payments to maintain your service and products.

Warranty

We do not warrant that the products and services will meet your individual requirements. We are not responsible for any people, equipment, deliverables or services that we are not expressly stipulated to provide in this agreement. You are responsible for any people, equipment, deliverables and services that you need to obtain from someone other than us. Except for any matter in relation to which we specifically agree in writing to advise or do, we shall not be responsible, or have any liability for anything else.

We do not warrant that the services and products we provide will be compatible with your content, data or software.

"Unlimited" services

Where we say or advertise services or features are "unlimited", that is always subject to:

• fair use;

• your use of the service for what a reasonable person might consider to be the provision of a publicly available website;

• the terms of this agreement relating to malware and misuse; and,

• your obligations under this agreement.

Guarantee and interruptions

We do not warrant that the services will be uninterrupted, error-free or secure from unauthorised access, or that they will meet your individual requirements. We do everything we reasonably can to make the services available but we aren't liable if for any reason the services are unavailable for any time or for any period. We make no warranty that your access to the services will be uninterrupted, timely or error-free. Due to the nature of the internet, this cannot be guaranteed.

Maintenance and improvement

We reserve the right, at any time, to carry out repairs, maintenance or introduce new facilities and functions in respect of all or any part of the servcies. If you do not like the changes we make, you may terminate this agreement.

Monitoring

We monitor our provision of the services using our own monitoring tools. We will only rely on our own monitoring tools to assess the performance of the services and we will not consider or accept any results, reports or data from your monitoring tools in relation to the services we offer.

Timescales for provisioning

We will try to perform our obligations under this agreement within any timescales set out in the order. However, we are not liable for any delays or failures to accurately perform our obligations if we have reasonably tried to provision services in a timely manner; or if the delay is caused by or results from any failure or delay on your part or by any breach by you of this agreement or any other agreement between us and you.

If there is any delay, we shall try to reschedule delayed tasks to a mutually convenient time.

Access

From time to time it may be necessary for us to access your services. You acknowledge that we may access services as and when required without informing you.

You acknowledge that the servers used in the provision of the services (including virtual private services, ‘VPS’ and physical private servers, ‘dedicated servers’) may be accessible to all users of the internet. We do not and cannot make any guarantee as to, and shall have no liability in respect of, the protection or security of any information held on the servers.

Our responsibilities

During the term of our agreement, we shall provide you with the services set out in the order, subject the Terms and Conditions, and warrant that:

• we shall use our reasonable skill and care in providing the services and products to you;

• our employees, agents and subcontractors have the necessary skill to provide any services or products to you;

• any services or products will be provided in a professional, competent and proper manner;

• we have all the necessary consents, rights and permissions to enter into, and perform our obligations under this agreement; and,

• we shall comply with all applicable laws, statutes, regulations and bye-laws in relation to the exercise of our rights and performance of our obligations under this agreement.

Your obligations

The information you submit to us must be accurate and valid. You are responsible throughout the term of this agreement for ensuring that your personal information is kept up-to-date at all times and for co-operating with us generally in the provision of the services under this agreement and providing any information that we may reasonably request in a timely manner so that we can provision the services for you.

You must report any faults or suspected faults with our services in a timely manner and also report any abuse or suspected abuse of our services as soon as you become aware of them.

You must use your own sign-in details for the website and not impersonate any other person or adopt a false identity. You must keep your password strictly confidential and secure, and you must immediately change your password if you know or suspect that any unauthorised party is aware of your password or you suspect your account has been used by someone else.

You are responsible for the equipment, software, licenses and services that you may need to remotely access the services we provide, including making sure that it is properly configured and free from bugs and viruses and that you have the necessary expertise and knowledge to use it to access our services.

You are responsible for the content and data that you put on our servers, in particular for ensuring it is suitable and properly prepared to use in conjunction with our services. Specifically, but not exclusively, you are responsible for ensuring that your content and data:

• doesn't infringe the privacy rights or intellectual property rights of any individual or organisation;

• doesn't harm us or bring us into disrepute;

• isn't used to send spam or other unsolicited emails;

• isn't used to breach or circumvent the security of any network or internet user;

• doesn't impose an unreasonable or disproportionately large load on our infrastructure or services, including where our services have "unlimited" elements;

• doesn't interfere with another user's use of the services or similar services;

• isn't defamatory, obscene, abusive, malicious, indecent, harassing, or discriminatory;

• conforms in all respects with all applicable laws, rules, regulations, bye-laws and codes of practice (including disability discrimination, intellectual property, privacy and data protection laws); and

• doesn't contain any material detrimental to us or any other user of our services or similar services, including any viruses, trapdoors, backdoors, Trojan horses, time bombs, easter eggs, worms, cancelbots, or other computer programming routines that are intended to detrimentally interfere with, damage, expropriate or surreptitiously intercept any system, data or personal information.

You must not:

• manipulate orders or transactions in ways that are unfair to us, other users, your own customers or to third parties; or

• use or access our website or the services in contravention of any applicable law.

You warrant that any content or data you put on our servers is owned by you. It is your responsibility to make sure that you have all necessary rights and consents relating to your use of it and any additional software that you install.

You indemnify us against all liabilities and costs, including losses and damages (including direct or indirect consequential losses, costs, expenses and damages) incurred by us arising out of any breach by you of your obligations. This indemnity applies whether or not you have been negligent or at fault.

You are responsible for keeping regular and full backups of your data and content. We have no liability for any failure by you to backup your data and content stored on the server. If any content or data is lost or corrupted for any reason and you do not have an appropriate backup, we will not be able to help you recover that lost or corrupted data. You are responsible to ensure that you have in place insurance in relation to any content or data, including in relation to the loss or corruption of it.

You acknowledge that our services and any content, data or software may not be used for:

• data warehousing, such as (but not limited to) storage of backup or archival data, mirror sites, or personal multimedia content such as movies, music, photos or other media;

• peer-to-peer file or media sharing, streaming, BitTorrent, Tor or other similar forms of data transmission;

• providing or participating in a content delivery network (‘CDN’).

We reserve the right to suspend our provision of our services to you if your use of our services is having a detrimental impact on our other customers. This might happen if, for example, your website (in respect of which you use the services):

• ​​has been hacked (such as, through bugs in commonly-used software including WordPress);

• contains malware;

• is attacked (including by a denial of service attack); and/or,

• is badly coded.

In all of these examples, your website might use excessive resource on our servers to the detriment of our other customers' use of the services. Following the decision to suspend any services, we will contact you with details of the suspension and invite you to remedy the situation if appropriate, or—for example in the case of a denial-of-service attack—when we will next review the situation. You are responsible for informing us of the remedies you have taken to rectify the situation and your progress in doing so. If we are not satisfied that you are taking adequate steps to rectify the situation, we may at our discretion terminate this agreement.

Support services

We will do our best to correct any errors or omissions in what we provide you as soon as possible during normal business hours once we have clear and full information about the issue. If you have a problem with our services, you should contact us through the website as soon as possible with full details of the issue. We will then investigate and respond as quickly as possible, considering we may need to contact other parties who assist us in providing the services to you.

We don't provide any assistance with the rectification of lost or corrupted content, your failure to take appropriate backups, resolving faults or defects that are a result of your non-compliance with our agreements or changing or updating the content of any website. Any of these exclusions may be provided at additional cost or at our discretion and in any case we won't be liable for their provision.

Resale of third party software and licenses

Where this agreement covers services or products that are resold by us to you, you are purchasing a licence to use that software, or those services or products from the supplier and you do so subject to the supplier's software licence and terms and conditions. We don't provide any additional representations or warranties in respect of these licenses and you acknowledge that the supplier may terminate those licenses at any time.

The purchase of resale software and service licenses are subject to the fees charged by the relevant supplier. Any fees set out in the order are estimated only and the actual amount you pay for the licence is at the discretion of the supplier.

We may provide support for resale software and service licenses purchased through us. Whether and to what extent we are able to provide support is dependent on the support provided to us by the supplier. We are not liable for the actions of resale suppliers, whether their services, products or software is purchased through us or not.

Fees

Invoicing

We take payment for the products and services we provide to you in advance. Those payments are invoiced annually approximately one month before the expiry date of your existing service agreement. Your contract with us is for a 12 month period, unless we agree to invoice you on a different time period. We do not make refunds for early termination of your agreement, except as provided for in this agreement.

We will send you an invoice about one month prior to the expiry of your existing agreement and you will have 15 days to pay the invoiced amount. If you have not paid the invoice on the date it is due, we will cancel our agreement on the date your existing agreement expires. At this point, we will cease to provide services to you and the services may be suspended or terminated by us without further notice.

Late payments

We may accept late payment of a due invoice if you contact us and inform us that you wish to continue our services. In this case, we may charge interest or late payment fees, as we deem appropriate. If your account with us is in arrears, we are not liable to provide you with any of the services or to support your use of any services that have not yet been suspended. It is your responsibility to ensure that you settle your account on or before the date that an invoice is due.

Changes to fees

We may change our fees for the services we provide to you at any time. If we change our fees mid-term and those changes take immediate effect on your account, we will inform you in advance of the change and we will apply the changes on a pro-rata backdated basis on your next invoice. Your continued use of the service after we have informed you of the change is considered acceptance of the change and you will become liable for the additional amount. If you choose to terminate our service before the next invoice becomes due, any outstanding fees on your account will become immediately due and we may, at our discretion, withhold transfer of domain names from our registry service, or withhold access to other data until the outstanding amount is paid in full.

We will not notify you of any changes to our fees that do not affect your existing agreement with us; if our fees change from the date of your next invoice only, the new fees will appear on your next invoice.

At the expiry of an existing agreement, the agreement will be deemed to have been renewed when you pay an invoice for the next agreement period.

We are not required to inform you about inflationary rises in the fees we charge, which will become effective from the date of your next invoice.

VAT

The prices we advertise on our website are excluding VAT. This is because we are not currently VAT registered under UK regulations.

If you are an individual from another Member State, we are required under EU taxation regulations to charge you VAT at the rate imposed by your authority.

If you use our services for a business that is registered in another Member State of the European Union (i.e., not the UK), it is your responsibility to assess and submit VAT to be paid to the appropriate authority. You are required under EU tax regulations to provide us with sufficient proof that you are a business registered in another Member State to qualify for this relief, if we are unsatisfied with the information you provide to us, we are required to charge you VAT at the prevailing rate in your Member State of origin.

Data protection

We take the security of your personal data seriously. The details of our data protection are set out in our Privacy policy and our Cookies policy, which form part of this agreement.

Intellectual property rights

You acknowledge that we own all intellectual property rights in the services we provide and any rights arising out of any works arising in connection with them and any IP address allocated to you as part of the service and that those IP addresses are not transferable to another hosting provider at any time.

We grant you a non-exclusive license to use the services and any IP address to the extent necessary for you to use our services.

We acknowledge that you own all intellectual property rights in the content and data you place on our servers, where your ownership is subject to the obligations of this agreement and your obligations under it. You grant to us a non-exclusive licence to use the content to the extent necessary for us to provide the services to you, including the right to redistribute, copy, access and publish the content and data.

Termination

Your rights to terminate

Service faults

If the services we provide under this agreement are faulty or mis-described, you may have a legal right to end this agreement, or to require us to make right the fault or to obtain a refund or partial refund for those services affected.

Ending this agreement because of changes we make

If you want to end this agreement because of changes we have made or have told you we are going to make, you can terminate the agreement immediately. You are entitled to a full refund for any part of the service period that has not been used. Reasons include:

• we have informed you about an upcoming change to the service, this agreement, or the fees we charge to which you don't agree;

• we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;

• there is a risk that the supply of the services may be significantly delayed because of an event outside of our control;

• we have suspended provision of the services for technical reasons, or notified you we are going to suspend them for technical reasons, for a period of more than 28 days; or,

• you have a legal right to end this agreement because of something we have done wrong and are unable to put right.

Changing your mind

You have 14 days after the day we send you the order acceptance to change your mind. However, if you cancel after we have activated the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. You do not have a right to change your mind for:

• any SSL certificate or domain name that has been issued to you or is in the process of being issued; or,

• any third party software, services or licenses that have been issued to you or are in the process of being issued; and,

• services we have undertaken for you and that have been completed, even if the cancellation period is still running (for example, you may be liable for any fees relating to transferring a web site from another provider or installing a program for you even if we would have done those things for you free of charge had you continued with the service).

• Your right to change your mind is only applicable if you are a consumer under the Consumer Contracts Regulations 2013. You do not have a right to change your mind if you are a business customer.

Any other no-fault reason

If you do not have any other rights to end this agreement, you can still terminate this agreement with our consent. If we agree, you will be freed from your obligations under this agreement from the end of the calendar month when the agreement is reached. We will not be responsible for refunding any advance payments for periods or services as yet unused under the agreement at the point of termination.

On expiry of the existing agreement

You may terminate the agreement on the date of expiry with no charge and no refund. Under these conditions, you will have used the services for a full period. You will have received from us a renewal invoice and you will not have paid the invoice for the upcoming period. It is advisable to inform us that you are terminating your agreement at the end of the current period so that we can stop sending you payment reminders and prepare your services for termination.

How to end this agreement

You can end this agreement by letting us know by one of the following means:

• Phone or email, using the advertised contacts provided on our website;

• Online, by completing the cancellation form in your account area;

• By post, write to us with your account details and include the information required on the cancellation form.

Refunds

Where possible, we will make refunds to you using the method you used ot pay for the services. Where this is not possible, we will either transfer the refund into your bank account at our discretion, or issue you a cheque which we will post to the address we have on your account details. Where we issue a refund to you, we may make certain deductions.

Deductions from refunds

If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the services for the period for which they were supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full term of the agreement.

We will not issue refunds for:

• any SSL certificate or domain name that has been issued to you; or,

• any third party software, services or licenses that have been issued to you; and,

• services we have undertaken for you and that have been completed, even if the cancellation period is still running (for example, you may be liable for any fees relating to transferring a web site from another provider or installing a program for you even if we would have done those things for you free of charge had you continued with the service).

Timing of refunds

We will try to make any refunds due to you as quickly as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind and the agreement has been terminated.

Applicability

Refunds are not applied to agreements for business customers.

Our rights to terminate this agreement

Termination on notice

We may terminate this agreement at any time by giving you at least five working days' notice. If we terminate this agreement with notice, we will refund you the fees that you have paid us on a pro-rata basis for the period from the date of termination to the date of expiry of the agreement that have been paid in advance.

Termination if you break the agreement

We may end this agreement at any time if you:

• don't make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;

• don't provide us with information necessary for us to provision or maintain services, within a reasonable amount of time;

• are in breach of any of your obligations under this agreement;

• have a petition for administration or winding up proceedings;

• have a receiver or manager appointed over any of your property or assets;

• are the subject of a bankruptcy petition;

• are the subject of a County Court Judgement;

• enter into any composition with creditors generally; and/or,

• take any steps in preparation to any of the above or if the involuntary execution of any of these steps is levied against your or your property and assets.

Events outside our control

We may terminate this agreement if there are events outside our control that force us to relieve ourselves of the obligations under this agreement.

Compensation when you break the agreement

If we end this agreement because you have broken it, any refund we make to you for fees you have paid in advance may be reduced by us for the net costs we will incur as a result of you breaking this agreement.

Termination process

When this agreement is cancelled, terminates or expires:

• all content will be automatically deleted from our servers and you are responsible for taking appropriate backups of any data and content that you wish to save prior to the date of termination;

• we will be removed from any obligation to provide any services to you; and,

• the rights, remedies, obligations and liabilities that existed at termination are not affected, including the right to claim damages for any breach of this agreement that existed prior to termination.

• The termination of this agreement will not affect any obligations that are intended to continue in force on or after the agreement has been terminated.

Your right to cancel

You may cancel any of the services at any time within 30 days of having received the order acceptance from us. This right does not apply to:

• domain name registrations; or

• SSL certificates; or

• software licences, including control panel licences; or

• product licences specifically purchased on your behalf; or

• costs associated with work undertaken to provision your services for you.

To cancel your services within 30 days of receiving the order acceptance from us, you must contact us by email on our admin email address.

Non-refundable fees

Under no circumstances will we refund fees paid to us for domain name registration, SSL certificates purchased for you or for software and product licences.

Domain names will remain registered for you until the date of their renewal and it is your responsibility to ensure that the registration is cancelled at that time.

SSL Certificates are not refundable and will remain in issue until their expiry date.

Limitation of liability

Business customers

Business customers are those who use our services to provide commercial, business, eCommerce, transactional or other marketing and promotional content and data.

Our entire liability is in respect of performance and delay of this agreement or any of its services; or otherwise in relation to our obligations under this agreement.

Exclusions of business liability limitations

This limitation does not apply to:

• our fraud; or

• death or personal injury caused by our breach of duty; or

• any breach of the obligations implied by Section 12 of the Sale of Goods Act 1970 or Section 2 of the Supply of Goods and Services Act 1982; or

• any other liability which cannot be excluded or limited by applicable law.

Breach of duty excluded

We do not accept any liability for breach of duty other than any liability arising from the terms of this agreement.

Other exclusions

We are not liable for any:

• indirect or consequential losses, damages, costs or expenses;

• loss of actual or anticipated profits;

• loss of contracts;

• loss of use of money;

• loss of anticipated savings;

• loss of revenue;

• loss of goodwill;

• loss of reputation;

• loss of business;

• ex gratia payments;

• loss of operation time;

• loss of opportunity;

• loss caused by the diminution in value or depreciation of any asset; or

• loss of, damage to, or corruption of, data.

Limitation

Our total aggregate liability arising out o fall claims in aggregate (including warranty claims and losses) are limited to the greater of:

• 110% of all amounts paid and total other sums payable, in aggregate, by you to us under this agreement for the affected services in the 12 months prior to the date on which the claim first arose; or

• £500.

You acknowledge that we have no liability to you for any act or omission of you or any third party.

Consumers

Consumers are those customers who use our services for any domestic and private use. You agree not to use our services for any commercial, business, resale or other organisational purpose (including for not-for-profit and charity organisations). Nothing in this agreement affects your statutory rights.

Exclusions of consumer liability limitations

This limitation does not apply to:

• our fraud; or

• death or personal injury caused by our breach of duty; or

• any breach of the obligations implied by Section 12 of the Sale of Goods Act 1970 or Section 2 of the Supply of Goods and Services Act 1982; or

• any other liability which cannot be excluded or limited by applicable law.

Our responsibility

If we fail to comply with this agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by both you and us a the time we entered into the agreement.

Limitation

You acknowledge that we have no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Service problems and your rights

Telling us there is a problem

If you have any questions or complaints about the services we provide, please contact us. You can email us using the account messaging service, email us on our admin email address or telephone us on our advertised telephone number. We will investigate and take reasonable steps to resolve any problems we find.

Resolution of problems

We value your satisfaction with the services we provide. We will communicate with you throughout our investigation of any problems and we will inform you how long we expect any resolution of issues will take.

Escalation and complaints

If you feel that your complaint has not been addressed to your satisfaction, you may escalate your complaint to us. You can do this in writing sent by recorded delivery to our published address. Upon receipt of your complaint, it will be assessed by a company director or senior manager and a full response will normally be made within 15 working days. If it is not possible for a full response to be made within this time, we will write to you to explain this and give you a date by which we expect to respond.

We will consider all correspondence sent by 1^st class recorded delivery to have arrived on the date the complaint was signed for.

Your legal rights

We are under a legal duty to supply the services in conformity with this agreement. If you are a consumer (i.e., non-business customer) under the Consumer Rights Act 2015, you can ask us to repeat or fix the services if they are not carried out with reasonable care or skill, or get some money back if we can't fix the problem.

Nothing in this agreement will affect your legal rights if you are a consumer.

Events outside of our control

We do not have any liability or responsibility for any failure resulting from an event outside of our control.

Definition of Events outside of our control

An Event outside of our control means any act or event beyond our reasonable control. These may include, for example, strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks.

Process relating to events outside of our control

In an event outside of our control occurs that affects the performance of our obligations under this agreement, we will contact you as soon as reasonably possible to notify you of the event and our obligations under this agreement will be suspended for the duration of the event. Once the event has resolved, our responsibilities will resume.

Cancellation

You may cancel this agreement if an event takes place and you no longer wish to make use of the services. Your cancellation rights are described elsewhere in this agreement. We will only cancel this agreement if the event and resulting disruption to your services continues for longer than 28 consecutive days, in which case the cancellation will have immediate effect.

Retention of records

We have a legal obligation to retain records relating to the services we provide and our business dealings for at least six years.

Alteration and amendment

We may revise the agreement and other policies at any time by amending this and other relevant pages of the website. You are advised to check these pages from time to time to refresh your knowledge of the agreement as it is binding upon you.

General

Third parties

Anyone other than you and us has no rights under this agreement.

Transfer by you

This agreement is personal to you or your business. You may not assign, transfer or sell this agreement in any way without our prior written consent. If we consent, you remain responsible for informing us the details of the receiver of the agreement.

Transfer by us

We may transfer our rights and obligations under this agreement to another organisation and we will always inform you if this happens. This will not affect your rights or our obligations under this agreement.

Waiver

If you are in breach of this agreement we reserve the right to either take action or take no action. Whether we take action immediately or take no action does not impair our rights and remedies in any situation where you breach this agreement and we shall not be deemed to have waived such rights.

Severance

If any of the conditions within the agreement is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any of the remaining conditions.

Governing law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These conditions are governed by and construed in accordance with the laws of the United Kingdom and are applicable under the jurisdiction of English Law. You agree to submit to the non-exclusive jurisdiction of the courts of the United Kingdom under English Law.