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 [12/24 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 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 fufilled by a third party provider. For instance, an SSL certificate is provided by a root certificate provider (e.g. Thawte, Let’s Encrypt, 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 client accepts 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 e mail 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).
Communications received with respect to a particular domain name registration will be handled as follows: (i) We will forward to you or a Contact all correspondence received by registered mail or traceable courier. This information may be opened, scanned and emailed to you or your Contact. Regular postal mail will be discarded or returned to sender at our discretion. (ii) Email correspondence will be forwarded, only if submitted via the contactprivacy.com website, to the address as it appears in Tucows records. (iii) A voice mail message will advise all callers that inbound messages will not be accepted; calls will be directed to the contactprivacy.com web site where written messages will be forwarded according to your instructions. (iv) We will only be responsible for forwarding communications where our details have appeared in the whois and when your Whois Information is accurate, complete and up to date.
Right to Suspend and Disable
We shall have the right, at our sole discretion and without liability to you or any of your Contacts, suspend or cancel your domain name and to reveal Registrant and Contact Whois Information in certain circumstances, including but not limited to the following: (i) when required by law; (ii) in the good faith belief that disclosure is necessary to further determination of an alleged breach of a law; (iii) to comply with a legal process served upon Tucows; (iv) to resolve any and all third party claims including but not limited to ICANN’s or a Registry’s dispute resolution policy; (v) to avoid financial loss or legal liability (v) to avoid financial loss or legal liability; (vi) if we believe that you or one of your Contacts is using the Whois Privacy Service to conceal involvement with illegal, illicit, objectionable or harmful activities; or (vii) to transmit SPAM, viruses, worms or other harmful computer programs.
You understand and agree that, in the event that we receive a formal complaint, notice of claim or UDRP, that we will have the right to disable the Whois Privacy Service pending final disposition of the matter.
Pre-Registration Terms & Conditions Acceptance of Standard Terms By using Hosteza’s pre-registering service the customer acknowledges and agrees to Hosteza’s standard Terms & Conditions and Disclaimer, Limitation of Liability and Copyright Policy.
Cancellation Notice Cancellations for pre-registered gTLDs are not permitted once a prepayment has been made. pre-registrations can be cancelled at any point before a prepayment is made.
Refund Policy When a prepayment is required to process a pre-order and the desired domain is not successfully registered, a full refund will be issued. It is the duty of the customer to ensure up to date card details are stored.
Guarantees Pre-registering for a new domain extension with Hosteza’s pre-registering service does not guarantee a successful registration. Hosteza endeavours to secure your desired domain and is in no way liable for unsuccessful gTLD registrations.
Requirements The exact requirements for registering new gTLD’s are yet to be announced. The introduction of requirements are subject to individual registries and are likely to be simultaneously announced to release dates. Registration are at the discretion of the registry in accordance with their terms and conditions. Hosteza endeavours to communicate this information as soon as it is made available to them.
Payments By using Hosteza’s pre-registration service the customer acknowledges and agrees that it is their duty to ensure up to date payment details are provided during prepayment. Pre-orders will not be successful without a successful prepayment being made.
Company Address and Contact Details
63/66 Hatton Garden, Fifth Floor Suite 23, London, EC1N 8LE, +44 (0) 752 118 313
How long will you take to get back to me?
Within office hours, near instantly. Outside of office hours we aim to respond and resolve within 4 hours. Every email gets a response within 12 hours. Anything sent by post will be responded to within 3 working days.
Abuse, phishing, spam contact –
All reports will be acknowledged within 3 working days. [email protected]
How to raise a Format Complaint
Please email [email protected] you will receive a response within 3 hours.
- Business Continuity Plan All of our employees are capable of working remotely and no sensitive or business critical information is stored ‘on-premise’. We use a hosted VoIP provider which means calls can be re-routed in the event of any problems with our main office. In the event of a critical failure in one of the cloud hosting providers we use, we would revert to our backup systems using an alternative provider. In a worst case scenario our main website and customer panel could be up and running within an hour of a critical failure.
- Data Quality Policy
It is a requirement that you provide us with a valid name and address when purchasing a service from Hosteza. Our online ordering system will not let users order items through without providing a valid name and address, and our merchant provider will check the details (cardholder name and address) against those provided for the registration at the time of ordering. We will validate personal users using billing data (name match the card on file, address digits given match the card given),
In circumstances where we don’t have access to cardholder information where the validity of the data provided is in question we would ask for two copies of ID out of:- Passport Driving licence Recent Utility Bill or bank statement(not for a mobile phone)
For businesses we can validate data using the official companies house register (company name, address). Alternatively, the business can provide a utility bill, bank/merchant statement, or a letter from HMRC dated within the last three months to provide verified proof of name and address.
Verified/validated data will be stored in our online ordering/billing system which is a PCI compliant solution, but the copies of identification used to perform the validation would be destroyed once the validation process has been completed.
If we are unable to contact a registrant where there was a problem with data verification, we would place a data lock on the domain name manually once all attempts to contact the registrant had failed. This will be within 30 days of originally being notified.
- Renewal policy
Renewal reminders are sent by our automated billing system in 30 days before the renewal date by way of a pro-forma invoice for the domain renewal. We will then send another reminder 3 days before the renewal date. Providing the customer has consented (either during the order form, or subsequently in our panel) the system will attempt to charge the card on file and then renew the domain name automatically on the renewal date. If the automated renewal fails for any reason (card details not correct, insufficient funds) the customer would receive a notification to let them know to log-in to renew the domain at this time.
3rd Party Domain Terms Domain names are usually subject to the registration terms and conditions set by the relevant registry as well as the registration terms of Hosteza.
Where possible links to the relevant 3rd party terms and dispute resolution policies are included below, if you have any queries regarding these please raise a support ticket and we’ll be glad to assist where possible.
Nominet – .uk Domain Registration Terms Terms & Conditions of Domain Name Registration – The contract you enter into with us when you register a .UK domain name. Nominet Terms
Rules of Registration – The rules for the registration and use of domain names within the .UK domain and its sub-domains. These rules form part of our terms and conditions and are part of your contract with us as the Registrant of a domain name. Rules of Registration