Terms and Conditions
Welcome to Pay Monthly Hosting ("https://www.paymonthlyhosting.co.uk", the "website" or the "Site").
1. About Pay Monthly Hosting
Pay Monthly Hosting is the supplier of the services. We are based in the East Midlands at 6 The Terrace, Rugby Road, Lutterworth, LE17 4BW.
2. Acceptable Use Policy
You acknowledge and agree to be bound by the terms of our Acceptable Use Policy. You agree that we may suspend or terminate access to your account and the Services we supply if we reasonably believe that you have violated our Acceptable Use Policy.
4. Your status
By placing an order through our website, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.
5. Our status
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that the products or services you may purchase from companies to whose website we have provided a link on our site will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
6. The order process
You can only place an order for the Services once you have successfully registered an account with us. Information that you provide while registering an account with us must be complete and accurate. You agree that we may suspend or terminate access to your account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your user name and password secret at all times and not allow anyone else to use it. You must contact us immediately if you believe your user name and password has become known to someone else.
Before you submit an order (by clicking the "Complete Order" button) you will be shown your order on screen including details of the Services you wish to order and the associated cost to be charged to your account. You will then have an opportunity to identify and correct any errors you may have made in inputting your order for the Services.
After you have placed your order for the Services we will confirm the details of the Services you have ordered by email to the email address you provided when you registered your account with us. You can view copies of your invoices and the details of the Services you have purchased from us by logging into your account.
7. How the contract is formed between you and us
After placing an order, you will receive an email from us confirming receipt of your order ("Order Confirmation"). Your order constitutes an offer to us to buy our Services and all orders are subject to acceptance by us. The contract between us ("Contract") will only be formed when we send you the confirmation that your invoice has been paid ("Invoice Payment Confirmation"). You will receive an email from us letting you know that the Hosting Service you have purchased has been activated ("New Account Information"). We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed in a separate email.
We reserve the right to decline your order for the Services for any reason and to inform you accordingly.
8. Consumer rights
If you are buying as a consumer (i.e. not within the course of your business), the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 allow you to cancel the Contract at any time within fourteen (14) days, beginning from when you receive the Invoice Payment Confirmation. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the fourteen day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This provision does not otherwise affect your statutory rights.
9. Price and payment
The current price of any Services will be as quoted on our website from time to time in GB Pounds, except in cases of obvious error.
The total cost of your order for the Services will be set out clearly in your Shopping Cart before you submit your order for the Services. If a setup fee is charged to prepare the Services for your use, it is non-refundable.
Services will not commence until payment has been made.
Prices are liable to change at any time. We will notify you of a change in our prices at least thirty (30) days before the price increase comes into force. Any such price increase will not be effective until the next renewal date of your Services. If you do not agree to such price changes, please cancel your Services in accordance with section 20. If you do not cancel you will be deemed to have accepted the new prices.
Our website contains the details of a number of Services and it is always possible that, despite our best efforts, some of the Services listed on our website may be incorrectly priced. Where a Service's correct price is less than our stated price, we will charge the lower amount when accepting your order. If a Service's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before accepting your order, or reject your order and notify you of such rejection.
We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you your New Account Information, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error in pricing.
Once we have received your payment we will send you your New Account Information. If we subsequently reject your order, we will refund the payment you have made.
Please note that when purchasing a Service, you are obliged to pay for that Service for the whole of the Minimum Term (as defined in section 20).
If you choose to enrol for monthly subscriptions via PayPal, where applicable, on the date you have set with PayPal they will credit your account with the amount you have set with them. We will then use this credit as payment against your invoice.
If a price increase comes into force you will have to cancel your existing PayPal subscription and create a new subscription for the new amount.
You will be sent regular renewal notices to your registered email address for the Services we provide to you in accordance with section 20.
Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If you fail to make a payment or your chosen method of payment is not authorised by your payment provider, you hereby authorise us to suspend or terminate any Services we provide to you from time to time, even if payment in respect of such Services is not outstanding.
We reserve the right to charge a late payment fee for any invoices that are four (4) days or more overdue.
All fees are payable in advance and are non-refundable.
To clarify this position and for the avoidance of doubt:
a. Services: Any services you purchase are made available immediately and are for a minimum term of one month (i.e. 30 days) and therefore under Section 8 Consumer rights you do not have the option to cancel these.
b. Domain Name registration/transfer/renewal: This fee is paid to the Registrar to legally grant you, as the registrant, the right to use that domain name exclusively for the relevant registration period. This registration is irreversible and the Registrar will not refund any fees paid.
If you withdraw any payments made via a bank, credit or debit card, PayPal or third party payment method (a "chargeback"), we reserve the right to suspend or terminate your Services immediately. Such action is without prejudice to our right to recover any and all outstanding sums from you and your obligation to pay the same to us. We will use any legal means available, including the County Courts, to recover such debt.
In addition to this outstanding sum we will add both the legal and administrative costs of such action to the sum to be recovered. As at 1st March 2017 these costs are as follows:
- County Court Fee of £50
- Administrative Fee of £50
The following link contains more information about County Court Judgments for Debt.
We warrant that (subject to the other provisions of these Terms and Conditions) any Services purchased from us through our website will be provided with reasonable care and skill.
We will not be liable for a breach of this warranty unless you give written notice of the breach to us through our Support Ticket system and we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you. We will not be liable for a breach of this warranty if the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any), or you alter the Services without our written consent, or the problem arises because of misuse.
Subject to the above, if we are in breach of this warranty we will, at our discretion, use all reasonable efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price, which shall in no circumstances exceed one hundred (100) per cent of the price you have paid to us for the Services during the one (1) month preceding the event giving rise to the breach in question. This constitutes your sole and exclusive remedy for any breach of this warranty. Notwithstanding the foregoing, we do not warrant that your use of the Services will be uninterrupted or error-free.
We reserve the right to modify the Services provided to you without notice, provided such modification does not adversely effect your access to, or use of, the Services or detract from the overall performance of the Services. Any change which may have such adverse effect on you or may detract from the overall performance of the Services will be notified to you at least thirty (30) days prior to the change taking effect.
You acknowledge that you have not relied on any statement, promise, or representation made by, or given by, or on our behalf, which is not set out on our website or otherwise confirmed in writing by us.
13. Access to the Hosting Service
You are responsible for making all arrangements necessary for you to have access to our Hosting Services, details of which will be contained in your New Account Information. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these Terms and Conditions (and in particular our Acceptable Use Policy) and that they comply with them.
We will use our reasonable endeavours to make our servers available to you as part of the Hosting Service you purchase for ninety-nine point nine nine (99.99) per cent of each calendar month. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum. We shall make all commercially reasonable efforts to provide you with advanced notification of all scheduled and emergency outages through the Announcements page on our website and/or through our newsletters. Service credits are not given for any form of downtime or service unavailability.
You will have no right, title or interest in any Services provided to you as part of the Hosting Service. Any Service provided to you is solely part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.
We reserve the right terminate or suspend without notice any Services that we provide to you from time to time should you default on any payment, or fail to pay an overdue amount.
14. Back-up of your data
Your use of our Hosting Service is at your sole risk. It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload (or permit to be uploaded) onto our servers ("Material") as part of your use of the Hosting Services.
We will follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our servers, your sole and exclusive remedy will be for us to use reasonable efforts to restore the data on our servers (including your Material) from the latest back-up we maintained in accordance with our own archiving procedure. We will not be responsible for any loss, destruction, alteration or disclosure of your Material.
15. Hosting Service usage limitations
All our Hosting Service plans come with a pre-determined web space allowance provided that: (a) your Material is linked into web pages; (b) you do not use the Hosting Service as a backup of, or repository for, your Material; (c) you maintain good housekeeping to maintain your Material; and (d) you comply with our Acceptable Use Policy.
We shall be entitled to terminate the Contract, or suspend or terminate the provision of any individual Services, if you are in breach of our Acceptable Use Policy.
Bandwidth: The Hosting Service plan you order includes the per calendar month bandwidth allowance applicable to that hosting plan as set out on this website at the time of your order. If this bandwidth allowance is exceeded your website(s) will no longer display but a “Bandwidth Limit Exceeded” error message will be displayed in it’s place. To restore service you will have to: (i) upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance; or (ii) wait for the Hosting Service to resume at the start of the following calendar month when your bandwidth allowance is reset. Please note that bandwidth will still be consumed by using other services such as email or FTP on your account and therefore by continuing to exceed this limit you will be billed for these “overages” in line with your billing cycle. The Hosting Service you have ordered will be suspended if this monthly bandwidth allowance is exceeded without payment being made. You can monitor your monthly bandwidth usage in your hosting control panel.
Disk Space: The Hosting Service plan you order includes a set disk space allowance applicable to that hosting plan as set out on this website at the time of your order. If this disk space allowance is exceeded you will have to: (i) upgrade your Hosting Service package to one which includes a higher disk space allowance; or (ii) remove content such as files, stored emails or databases from your account. Please note that by continuing to exceed this limit you will be billed for these “overages” in line with your billing cycle. The Hosting Service you have ordered will be suspended if this disk space allowance is exceeded without payment being made. You can monitor your disk space usage in your hosting control panel.
You will only be allowed to use a maximum of fifteen (15) per cent of our server's processing capacity for a maximum of sixty (60) seconds when using the Hosting Service plan you order. At our absolute discretion, we may allow your usage to exceed this limitation, and we will contact you about your hosting requirements if your usage has, or may have, a detrimental effect on our other customers.
When using the Services, you must comply with our Acceptable Use Policy, these are incorporated into the Contract by reference. Any conflict between our Acceptable Use Policy and these Terms and Conditions, will be resolved in favour of these Terms and Conditions.
If a problem has arisen with regard to the Services or your registered account, you can access support through our Support Ticket system twenty-four (24) hours a day, seven (7) days a week. Our support team will help resolve any problems you have with the Services we provide to you. We will not provide programming support to any software, applications or programs that you may host on your account.
17. Domain names
Where the Contract includes our Domain Registration and Renewal Service: (a) we will endeavour to procure the registration of the domain name you request; (b) we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name; (c) we shall not act as your agent or on your behalf in any dealings with domain name registry; (d) the registration of the domain name you request and its ongoing use is subject to the relevant domain name registry's terms and conditions of use which you should obtain and consider; (e) you are responsible for ensuring that you are aware of the terms referred to in 17(d) so that you can comply with them; (f) the domain name you request will only have been successfully registered when you appear as the registrant on the appropriate "whois" database of the top level domain name registrar; (g) we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may, or is likely to be in bad faith, breach of the provisions of these Terms and Conditions or any legal or regulatory requirement; (h) you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered; (i) you confirm that whether you are transferring the registration of a domain name either in to, or out of, our Domain Registration and Renewal Service you understand the 45 day renewal restrictions in place under the terms referred to in 17(d); and (j) that all monies paid are non-refundable.
You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.
Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices sixty (60) days, thirty (30) days, fourteen (14) days, seven (7) days and one (1) day before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account. The domain name will not be renewed for you unless you have made the appropriate payment for renewal. The price for the renewal will be as set out in the renewals notices.
18. Intellectual property rights
You, or your licensor, retain all intellectual property rights in your Material, and you grant to us a worldwide, non-exclusive, royalty free licence to use, store and maintain your Material on our servers and publish your Material on the Internet for the purpose of providing the Hosting Service to you. You warrant that your Material does not infringe the intellectual property rights of any third party and you have the authority to grant the licence in this section to us. We may make such copies as may be necessary to perform our obligations, including making back-up copies of your Material.
You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your Material infringes, or allegedly infringes, the intellectual property rights of a third party.
If you download software we own from our website, we grant you a non-exclusive, non-transferable royalty free licence to use that software for the purpose set out on our website in relation to that software. Such licence will automatically terminate when we stop providing the Hosting Services to you.
Any third party software that you download from our website shall be licensed to you on the standard software licence terms of the owner of the intellectual property rights in that third party software as those licence terms are notified to you at the time you download such software.
We retain all intellectual property rights in the Hosting Services (other than in your Material) and our software referred to in this section. Accordingly, you must not decompile, disassemble or reverse engineer the Hosting Services or our software.
19. Our liability
We do not monitor and will not have any liability for your Material or any other communication you transmit, or allow to be transmitted, by virtue of the Hosting Services. Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider and no guarantee or representation is given that the Hosting Services will be free from hackers or unauthorised users. You shall be liable for the content of any emails transmitted by virtue of the Hosting Services, for any material you upload to, or allow to be uploaded to, our servers and for ensuring compliance at all times with all relevant legislation (including, but not limited to the Data Protection Act 1998 and all other privacy laws, regulations and guidance notes made or issued thereunder). All conditions, terms, representations and warranties that are not expressly set out in these Terms and Conditions (or the documents referred to in them) are hereby expressly excluded.
We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of goodwill; (f) loss of software or data; (g) wasted expenditure (such as pay per click advertising costs); or (h) wasted management or office time.
Our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed one hundred (100) per cent of the price you have paid to us for the Services during the one (1) month preceding the event giving rise to the liability in question. Accordingly, you are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).
Where you buy any product or service from a third party seller through following a link on our website to such third party's website, the seller's individual liability will be set out in the seller's terms and conditions. You should consult such terms and conditions.
20. Duration of the Services and cancellation
That part of the Contract relating to our Domain Registration and Renewal Service will commence on the date we send you your New Account Information. It will continue until: (a) we have registered the domain name you have requested (the "Domain Name") and you subsequently ask us not to renew the registration of your Domain Name by logging into the My Domains section of your Client Area and setting the Domain Name renewal option to "Do Not Renew " at anytime before the renewal date; (b) you fail to pay the renewal fee; or (c) we terminate the supply of our Domain Registration and Renewal Service by notice to you because: (i) the Domain Name is no longer available for registration; (ii) you are in breach of section 17 or (iii) of some other reason preventing the registration of the Domain Name.
That part of the Contract relating to Services other than our Domain Registration and Renewal Service will also commence on the date we send you your New Account Information. Unless such Services are terminated as provided in this section, they shall continue for the minimum period of thirty (30) days ("Minimum Term") that applies to the Service you have purchased. After expiry of the Minimum Term, they will continue on a month to month basis until terminated: (a) by us giving to you at least thirty (30) days advanced notice sent to the then current email address registered against your account; or (b) by you giving us written notice by completing an Account Cancellation Request. This can be found on the Product Details page within the My Products & Services section of your Client Area.
You cannot cancel any of your Services by letter, email or telephone.
The monthly price for Services we supply under Contracts that continue on a month to month basis under this section shall be charged monthly in advance. Such payment will be due on the same date of the month as on which the Services had originally commenced ("Payment Date") unless or until you cancel the Services in accordance with this section. We will not provide you with a refund for a cancellation that is part-way through a billing period. Where the Payment Date does not recur in a particular month (e.g. 31 January, but there is no 31 February), you will be charged on the closest preceding date to the Payment Date (e.g. 28 February) for that month.
If you have elected to pay for the Services in advance, in order to receive a cash discount from the standard single monthly price, and subsequently cancel the Services in accordance with this section, we may, at our discretion, refund to you the price you have paid for the Services on a pro-rata basis for the unexpired term using the standard single monthly rate for the Services consumed, minus a 15% administrative charge. Please note that any setup fees are non-refundable.
Without prejudice to any other right to terminate or suspend the Services we may have under Acceptable Use Policy, we may terminate the Contract at any time by giving you thirty (30) days advance notice by emailing you at the email address registered against your account. If we cancel the Services, we may, at our discretion, refund to you the price you have paid for the Services on a pro-rata basis for the unexpired Minimum Term.
Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation of these Terms and Conditions we may terminate the Contract by seven (7) days notice to you and/or, at our absolute discretion, terminate or suspend without notice any individual Services we provide to you from time to time. Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising in any way under that Contract as at the date of expiry or termination.
21. Deletion of your Material
If you cancel your Services, any Material we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system. Accordingly, you are strongly advised to make appropriate copies of such Material before you cancel your Services. Furthermore, any account that has been suspended for non payment of fees for twenty-eight (28) days or more from the due date will have all of their Material permanently deleted from our system.
22. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given though our Support Ticket system. We may give notice to you at either the then current email or postal address registered against your account with us.
24. Third party rights and transfer of rights and obligations
Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it. The Contract is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
25. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks); (b) strikes, lock-outs or other industrial action; (c) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (d) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (e) impossibility of the use of public or private telecommunications networks; and (f) the acts, decrees, legislation, regulations or restrictions of any government. Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with this section.
If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
28. Entire agreement
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms and Conditions.
29. Our right to vary these Terms and Conditions
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site and/or our Services constitutes your agreement to all such terms and conditions.
30. Law and jurisdiction
Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between us both.
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