The following Terms of service along with the “AUP” and where applicable to the service, the “EULA” form the “Main Agreement” between you and us when you purchase services from us. By purchasing services from us you are agreeing to this “Main Agreement”.
Swish Technologies B.V (“we” or “us”) is a company registered in Heerlen, the Netherlands under registration number 85798606. Our registered office address is Geerstraat 109e, Heerlen, 6411NP, The Netherlands

1. Defined Terms

“Main Agreement” means these “terms and conditions”, “AUP” and “EULA” which collectively form the “Main Agreement”.
“AUP” means our “acceptable usage policy”
“EULA” means an end user licence agreement that may be relevant to you:
Microsoft Licensing Agreement:
“You/Your/Client/Customer” means the person, company or organisation who purchases services from Swish Technologies B.V

2. General Terms

  1. By subscribing to any of the Services and opening an account with us, we (“Swish Technologies B.V.”) and you (“the Client”) agree to be bound by these terms and conditions. They set out the basis on which we offer our services and should be read carefully.
  2. You must be at least 18 years of age to use our services.
  3. We will treat your personal details in accordance with our privacy policy and with the Data Protection Act 2018 (“DPA”) and the General Data Protection Regulation 2016 (“GDPR”).
  4. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
    1. You are an individual.
    2. You are buying Services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
  5. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

3. Services

We agree to supply the Services to You in accordance with the terms set out in this Main Agreement

  1. Customers are liable for all charges levied by their telephone service provider arising from the Customer’s use of the Services.
  2. From time to time us or our subcontractors need to carry out maintenance on the network, this may involve temporarily shutting parts of it down. We will give as much notice as possible and shall try to keep this work to the period specified in the notice. We accept no liability whatsoever arising from such a suspension of the service.
  3. The Customer agrees that they will not reassign or transfer any part of the Service without our prior consent.
  4. License costs of all third-party applications and software offered with our plans are subject to change without written intimation.
  5. You acknowledge that we do not guarantee that any services will be uninterrupted, error-free, or completely secure. There are risks inherent to the internet such as hacking, malware, DDoS etc that could result in the loss of data and/or privacy.
  6. We reserve the right to pass on any additional charges/price increases as a result in price changes from third party software and license vendors irrespective of the hosting cycle.

4. Acceptable Use, Content and Behaviour

  1. You agree to abide by our acceptable use policy (AUP)
  2. You agree to abide by any EULA applicable in respect to the Services.
  3. You shall procure at your cost, install and maintain, and comply with all licensing requirements in respect of all required enabling software and third-party software used via the Services. You acknowledge that a failure to do so may impact your use of the Services.
  4. We may request that you provide evidence of the licensing status of any software used by you on the Services.
  5. You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited.
  6. If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.
  7. We reserve the right to disable/delete any feature or application provided on shared hosting service without notification if that feature/application is found to be detrimental and/or is hampering the web server’s’ overall health and performance.
  8. If you are abusive towards any member of our staff, we have full right to terminate your account with us without any refund.

5. Account Security

  1. You are responsible for any misuse of your account and you must take steps to ensure that others do not gain unauthorised access to your account. You may not use your account to breach the security of another account or attempt to gain unauthorised access to another network or server.
  2. Your password provides access to your account, it is your responsibility to keep your password secure.
  3. Sharing your password and account access with unauthorised users is strictly prohibited. You must take care and prevent others from using your account since you will be responsible for the consequences.
  4. Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.
  5. You must adopt adequate security measures to prevent or minimise unauthorised use of your account.
  6. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
  7. You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
  8. You agree and understand that users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
  9. You agree to complete your own tests for computer viruses in accordance with best computing practice.

6. Data Protection (GDPR)

  1. In this section, the terms “Personal Data”, “Controller”, “Processor”, “Data Subject”, “Processing”, “Data Protection Impact Assessments” and “Personal Data Breach” have the meanings given in the GDPR.
  2. In this section, the term “Applicable Data Protection Law” means all applicable data protection legislation in force from time to time including the DPA and the GDPR.
  3. The parties acknowledge that the factual arrangement between them dictates the classification of each party as either a Controller or Processor under Applicable Data Protection Law. Notwithstanding the foregoing, the parties acknowledge that:
    1. where Personal Data is not accessible or likely to be accessible by Swish Technologies B.V, Swish Technologies B.V will not be a Processor, and therefore, in either case, the obligations of paragraphs 7.4 to 7.7 shall not apply.
  4. Subject to paragraph 7.3, with respect to the party’s rights and obligations under the Agreement, the party’s agree that you are the Controller and that Swish Technologies B.V is the Processor.
  5. Where Swish Technologies B.V processes Personal Data as a Processor on your behalf, it shall:
    1. Process the Personal Data only in accordance with instructions from you (which may be specific instructions or instructions of a general nature as set out in the Agreement or as otherwise notified by you to Swish Technologies B.V during the term of the Agreement);
    2. take reasonable steps to ensure the reliability of any Swish Technologies B.V staff who have access to the Personal Data, and ensure such staff are trained in the care and handling of Personal Data and have given appropriate binding undertakings of confidentiality;
    3. notify you without undue delay and, in any event, within five business days, if it receives:
      1. a request from a Data Subject to have access to that person’s Personal Data; or
        1. a complaint or request relating to your obligations under Applicable Data Protection Law;
      2. taking into account the nature of the Processing, assist and cooperate with you (including by using appropriate technical and organisational measures, in so far as this is possible), to respond to complaints or requests from Data Subjects exercising their rights under Applicable Data Protection Law, including by:
        1. promptly providing you with full details of a complaint or request received by Swish Technologies B.V; and
        2. upon your request, promptly providing information which you require in order to comply with a request from a Data Subject exercising their rights under Applicable Data Protection Law (including a ‘subject access request’) provided that Swish Technologies B.V shall, unless otherwise agreed, be reimbursed any incremental costs incurred as a result of complying with this paragraph.
    4. permit, at your own expense, you or your representatives access to any location where Swish Technologies B.V processes Personal Data during normal business hours to inspect and audit, on reasonable prior notice, Swish Technologies B.V’s data Processing activities and comply with all reasonable requests or directions by you to enable you to verify and/or procure that Swish Technologies B.V is in full compliance with its obligations under this paragraph 7. You or your representative shall be required to adhere to any applicable Swish Technologies B.V site and security policies in the performance of such an audit or inspection
    5. provide a written description of the technical and organisational methods employed by Swish Technologies B.V for Processing Personal Data (within the timescales reasonably required by you);
    6. be entitled to engage sub-Processors (as a subcontractor), subject to
      1. the relevant subcontractor being engaged by way of a written contract which imposes obligations on the subcontractor which are at least equivalent to the obligations imposed on Swish Technologies B.V pursuant to this paragraph 7.5; and
      2. the relevant subcontractor providing sufficient guarantees to Swish Technologies B.V in terms of expert knowledge, reliability and resources to implement technical and organisational measures which will meet the requirements of Applicable Data Protection Law, and all sub-Processors engaged by Swish Technologies B.V as at the effective date of this Agreement shall be deemed authorised;
      3. All costs in relation to the audit incurred by Swish Technologies B.V or partners will be passed onto the client.
    7. in addition to the sub-Processors engaged pursuant to paragraph 7.5.7, be entitled to engage additional or replacement sub-Processors (as a subcontractor), subject to:
      1. the provisions of paragraph 7.5.7.1 and 7.5.7.2 being applied; and
        Swish Technologies B.V notifying you of the additional or replacement sub-Processor, and where you object to the additional or replacement Processor, the parties shall discuss the objection in good faith;
    8. save where such countries have been deemed by the European Commission to be providing an adequate level of protection pursuant to the relevant provisions of Applicable Data Protection Law not Process Personal Data outside the European Economic Area without the prior written consent of you and, where you consent to a transfer, to comply with any reasonable instructions notified to it by you. Notwithstanding the foregoing:
      1. we are expressly permitted and instructed by you that we may transfer Personal Data to any Swish Technologies B.V subsidiary and any Swish Technologies B.V subcontractor, subject to first ensuring that adequate protections are in place to protect the Personal Data consistent with the requirements of Applicable Data Protection Law;
        we are expressly permitted to transfer Personal Data to Swish Technologies B.V. in respect of the provision of support services subject to there being adequate protections in place to protect the Personal Data consistent with the requirements of Applicable Data Protection Law.
        we are expressly permitted to transfer Personal Data to Microsoft Corporation in respect of the provision of services subject to there being adequate protections in place to protect the Personal Data consistent with the requirements of Applicable Data Protection Law.
    9. at your cost and taking into account the nature of the Data Processing and the information available to Swish Technologies B.V, assist you in ensuring your compliance with your obligations to:
      1. ensure the security of the Processing;
      2. notify Personal Data Breaches to the ICO;
      3. notify Personal Data Breaches to the Data Subjects;
      4. carry out Data Protection Impact Assessments; and
      5. consult the ICO in respect of Data Protection Impact Assessments, pursuant to Articles 32 to 36 of the GDPR (respectively); and
      6. notify you without undue delay upon becoming aware of a Personal Data Breach.
      7. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purpose of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, you and Swish Technologies B.V will take, implement and maintain such technical and organisational measures as are appropriate to protect the Personal Data against unauthorised or unlawful Processing and against accidental loss, destruction, damage, alteration or disclosure.
      8. Each party shall comply always with Applicable Data Protection Law and shall not perform its obligations under the Agreement in such a way as to cause the other to breach any of its applicable obligations under Applicable Data Protection Law.
      9. Each party shall comply with its obligations set out in the Data Protection Specification.
      10. To the extent that Swish Technologies B.V‘s performance of its obligations under the Agreement involves the Processing of Personal Data on your behalf, you shall ensure:
        1. you are not subject to any prohibition or restriction which would prevent or restrict you from disclosing or transferring such Personal Data to Swish Technologies B.V, as required under the Agreement; and
          you have lawful grounds for Processing such Personal Data, including (if applicable) the consent of the individual to whom such Personal Data relates (and that such consent shall be valid under Applicable Data Protection Law).
      11. Where under Applicable Data Protection Law (including without limitation Article 82 of the GDPR and any applicable Law where you and the Swish Technologies B.V may incur joint and several liability as Controller and Processor with any other person) Swish Technologies B.V incurs any costs liability damages claims or expenses (other than for damage caused by Processing only where it has not complied with obligations of applicable DPA Regulation specifically directed to Data Processors or where it has acted outside or contrary to your lawful instructions under the Agreement), you shall indemnify Swish Technologies B.V on demand against all such costs liability damages claims or expenses, save for such liability as corresponds directly to Swish Technologies B.V’s part of the responsibility for the damage caused by Swish Technologies B.V’s breach of the obligations of Applicable Data Protection Law or the Agreement.
      12. International clients. You acknowledge and agree that if you are a business located in a territory outside the European Union (EU), it is your responsibility to ensure compliance with Applicable Data Protection Law (or equivalent) in relation to transfers of your personal data from Swish Technologies B.V to you.
      13. PCI DSS Requirements. In accordance with best practice as described in the Payment Card Industry Data Security Standard (PCI DSS) scheme to safeguard sensitive credit and/or debit card data, should you use the Services to store, process or transmit credit or debit card information you will:
        1. inform us in writing as soon as practicable and, in any event, before you do so;
        2. comply with the PCI DSS requirements; and
        3. you will take all necessary steps to ensure you are properly advised by your card acquirer or a PCI DSS Qualified Security Assessor (QSA) with regards to your obligations and appropriateness of your Service.
      14. Business Continuity. Swish Technologies B.V warrants that it has and will undertake to maintain a business continuity plan for its operations that is consistent with the international standards ISO 27001:2013. While Swish Technologies B.V takes all steps provided in the Agreement to protect your data, this does not constitute an absolute guarantee that a third party will not try to access, interrupt, delete or compromise your data. You are therefore responsible for determining the ultimate safety and integrity of your data.

7. Pricing and Billing

  1. The pricing for the Services will be set out in your order for the Services and detailed in your Account.
  2. All pricing unless otherwise stated include VAT
  3. While we make every effort to ensure pricing on our website is accurate there may be instances where mistakes are made, in these instances we will inform you and;
    1. Where you have been charged higher than the correct amount we will provide you with a refund for the difference.
    2. Where you have been charged less than the correct amount we will provide you with the opportunity to either cancel your order or to pay the difference.
  4. We accept payments done through Credit & Debit card and bank transfer.
  5. Bank Transfers
    1. Payments from within the UK will take up to 3 working days to be applied. A working day is classified as Monday – Friday excluding UK bank holidays.
    2. Payments from outside of the UK can potentially take longer than 7 working days dependant on the transfer method used. Please contact your payment provider for more details of timeframes.
    3. Payments must be made in GBP (Great British Pound).
    4. You are responsible for all charges imposed by both the sending and receiving bank, it is your responsibility to include any additional amount to cover these charges, please check with your bank before making any transfer if you are unsure.
    5. You must include your client ID as a reference on all bank transfers, failure to do so may prevent us from being able to locate the associated account which may result in suspension of your account for non-payment.
    6. If multiple invoices are outstanding we will apply the transfer starting with the oldest first, any excess amount will be applied to the next oldest and so forth, if the amount is to be applied to a specific invoice you must also include the invoice(s) reference in addition to your client ID.
    7. If the transferred amount exceeds the total due on your account the excess will be converted into service credit and applied to your account.
  6. Invoices are generated 10 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 5 days after the official due date. If no attempt is made within the next 10 days to pay due invoice(s), we reserve the right to permanently terminate your account and delete all data held. In total 15 days from the official due date will pass before we permanently terminate your account.
  7. For any change in contact details, billing cycle changes, account upgrades / downgrades, cancellation or termination of hosting services, written authorisation is mandatory and to be submitted using the client area. Requests on our live-chat & our toll-free number would not be accepted. It is important for us to establish the authenticity of the customer before carrying out such requests. All email communications must be done from the registered email address.
  8. Account renewal reminders will be sent 15 (Fifteen) days before the renewal / due date for monthly and quarterly billing cycle and 30 days before the renewal / due date for semi-annual, annual, biannual & triannual billing cycle. This is done to ensure that our clients get enough time to make payment(s). A second reminder will be sent before the due date and the third & final reminder would be sent on the day of renewal.
  9. A grace period of 5 (Five) days will be given to all unpaid accounts past the renewal / due date. The hosting service will be suspended on the 6th (Sixth) day of the account being past due and a notification email would be sent informing about the suspension of service. Backup, if purchased / applicable, will be provided only after the dues are paid during the suspension period, i.e. between 6th and 10th days (both days inclusive) of account being past due.
  10. We allow up to 5 (Five) days after the account has been suspended, for the renewal fee / dues to be paid. The account will be terminated permanently once this period of additional 5 days is over. After your account has been terminated, we can no longer guarantee the recovery of your data. Although all best efforts will be made to recover data past this point if invoices are paid, there is no guarantee that data can be successfully restored.
  11. We do have an automatic payment facility. You can store your credit or debit card details via our payment provider and your card will be charged every month on the due date of the invoice. You can select what services are automatically paid from the client area.
  12. For further enquiries or clarifications, please contact the billing department.

8. VAT Policy

0. If you are an individual located outside of the EU then you may qualify for VAT exemption. Individuals outside the EU must provide proof of address and identity. Accepted documents include passports, ID cards and recent utility bills.
1. If you are a business located outside the EU then you may qualify for VAT exemption. To apply you must email or fax us details of their incorporation along with business trading status. The documents must show the location of the business.
2. EU VAT registered businesses will be required to provide their VAT registration number which will be validated against the European Commission database. The number will also be re-checked at regular intervals. Any change of VAT status or VAT registration number must be notified to us immediately.
3. Upon sign-up we must charge VAT on your first invoice; if eligibility for VAT exemption is proved however then the VAT charged on this invoice will be refunded in the form of a credit to your billing account and future invoices will be issued without the addition of VAT.

9. Cancellations & Refunds

  1. All cancellation requests must be made by clicking the cancellation link found within the product details section of the client area. Please contact our customer services team for more information.
  2. 7 working days’ notice is required for all cancellation requests. A working day is classified as Monday – Friday excluding UK bank holidays.
  3. Cancellation requests are processed Monday to Friday, 8am to 6pm excluding UK bank holidays.
  4. Should you cancel your hosting before the renewal date or wish to transfer your domain name to another service provider during its registration period, domain registration/transfer charges will be payable before such action is completed and we will notify you of these following your request to cancel.
  5. SSL certificates, domain name registrations, software licenses and WHOIS protection are not eligible for refunds.
  6. Refunds will only be processed to the originating payment media (e.g. bank transfer, debit card)
  7. Refunds can take up to 5 working days to be processed, the time for the funds to reach you is purely dependant on the payment type.
  8. If a refund which is requested by the Customer is to an international bank account outside of the United Kingdom, the Customer agrees to bear all charges incurred to us for the payment transfer. The amount which the Customer owes us shall be deducted from the total refund amount.

10. Money Back Guarantee

  1. All subscribers of shared hosting plans, reseller and VPS plans carry a 30-day unconditional money back guarantee. If you find the services to be deficient or unsatisfactory, you are entitled to a full refund of the contract amount within the first 30 days of the date of account set-up.
  2. Dedicated Servers, Cloud Servers, Firewalls, and Backup Plans are not included under the 30-day money back guarantee policy. We reserve the right to decide if to issue pro-rata refunds under such circumstances.
  3. The 30-Day Money Back Guarantee Period is only applicable for first-time signups. Second time & subsequent sign-ups are not eligible.
  4. Software licenses, domain registration fees, domain transfer fees and domain renewal fees are excluded from the 30-day money back guarantee.

11. Client Data & Backups

We backup all our services as per the period of time as defined in the product description.

12. Bandwidth

  1. If your service has a bandwidth limit and exceeds this limit, we will inform you. If you do not wish to purchase extra bandwidth or upgrade your services and continue to exceed the limit, the service shall be suspended until you demonstrate to us that you have taken measures to ensure that the limit won’t be exceeded again or upgrade your account, whichever is earlier. The service will be reactivated in the following month when your bandwidth allocation refreshes.
  2. Some plans are provided with unmetered bandwidth. Unmetered means that we do not accurately record and then enforce the bandwidth usage of your plan unless it is deemed to be using an excessive amount. An excessive amount is classed as either using more than 15% of the total bandwidth available to the physical server or that your usage is such that it is affecting the performance of the server to the detriment of other clients as determined by our engineers. When such events occur, we reserve the right to immediately suspend service if the level of use is at risk of causing a disruption to other users. In other cases, we will attempt to communicate with you to discuss said usage. We reserve the right to charge additional fees if the normal usage of your site frequently exceeds this usage. If said charges are not acceptable to you, we will attempt to provide a reasonable time frame for you to move services.

13. Uptime Service Level Agreement

For the specific products and services listed below, we offer an uptime SLA. The purpose of this SLA is to provide an availability framework against which uptime for a product or service is measured. It is not an absolute guarantee of service uptime but a set of availability targets that we aim to deliver. In cases where we have been unable to meet these targets, we may offer you service credits subject to the provisions/exclusions below.

  1. We shall endeavour to ensure the Network Availability and/or Power Availability for our service as follows:
    1. All Services: 99.9% Uptime Availability
  2. Network unavailability is defined as a complete loss of network connectivity to the switch port(s) that your service is connected to.
  3. Power unavailability is defined as the complete loss of power to your service due to failure with the incoming power feeds or physical hardware failure.
  4. If we fail to meet the agreed Network Availability and/or Power Availability in any calendar month, subject to exclusions, you may request a credit.
  5. The Network Availability and Power Availability calculation shall exclude periods when outages arise from, or are otherwise indirectly caused by:
    1. Scheduled or emergency maintenance.
    2. Misconfiguration or Negligence by the Client.
    3. Service loss due to incoming or outgoing denial-of-service attacks.
    4. Network issues that are out of our direct control, for example, outages at internet exchange points, content delivery networks or any related infrastructure.
    5. Actions taken by our staff due to abuse complaints or breaches of our AUP.
    6. Actions taken by our staff to ensure the continued availability, performance, and stability of our wider infrastructure and networks.
    7. Requests for credit under the SLA must be made within 14 days of the outage by raising a support ticket from your client area.
    8. For requests that meet the required criteria we shall credit you 0.5 days of service credit for each hour the service is unavailable rounded to the nearest hour and subject to a maximum credit of 50% of the monthly fee for the contracted service.
    9. The credit shall be made for the element of the Service(s) that were unavailable, it will not be made for the whole service and specifically excludes service addons, software licensing and backups.
    10. You shall not be entitled to any credits under this SLA if any payment for the Service(s) is overdue under the terms of this Agreement.
    11. You shall not be entitled to any credits under this SLA for any outage period during which service is suspended.
    12. You agree that service credits due under this SLA are the sole remedy against us for any non-availability of your services.

14. Termination

  1. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. The right will end once we start to provide you with the Services.
  2. We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 14 days written notice to you.
  3. We may suspend your Account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.

15. Effect of Termination

  1. On termination or expiry of your Account for whatever reason you shall pay immediately all sums outstanding pending on your Account to us within 14 working days.
  2. You are responsible for all domain renewals after termination and we will provide you with such reasonable information upon request.

16. Our responsibility for loss or damage suffered by you if you are a consumer

  1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable (including but not limited to loss or corruption of data). Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
  2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
  3. When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
  4. Third party material and content. We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.
  5. We are not liable for business losses. If you are a consumer, we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in the clause below.

17. Our responsibility for loss or damage suffered by you if you are a business

  1. Nothing in these terms shall limit or exclude our liability for:
    1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
    2. fraud or fraudulent misrepresentation;
    3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
    4. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
  2. All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
  3. Subject to clause 1 above:
    1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us (including but not limited to loss or corruption of data and loss of profit); and
    2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the annual fees paid by you in the twelve months in which the liability arose.
    3. We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.

18. Delays

We will not be liable for failure or delay in performing our obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, act of God, war, insurrection, sabotage, embargo, fire, flood, malicious damage, pandemic, epidemic, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

19. Indemnity

The client agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns in connection with their use of the Services.

20. Law

  1. This Agreement will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.
  2. The Customer and us both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.

21. Modification of Terms of Service

We reserve the right to modify or change these terms of service at any time. All customers are bound by the latest terms of service published on this website.