• Phone 01229 314250
  • info@sharpsdigital.co.uk
  • 111 Duke Street, Barrow-in-Furness, Cumbria

WEB HOSTING TERMS AND CONDITIONS

WEB HOSTING TERMS AND CONDITIONS



These terms of business apply to domain registrations and hosting packages.

We” & “Us” includes: Sharps Media Group trading as Sharps Digital of 111 Duke Street, Barrow-In-Furness, Cumbria, LA14 1AX, United Kingdom or any party acting on Sharps Digital’s implicit instructions.

You” includes the business or person purchasing the Services or any party acting on the customer’s instructions.

The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions.

The Registry” the relevant domain names Registry.

Server” means the computer server equipment operated by us in connection with the provision of the Services.

Web Site” means the area on the Server allocated by us to you for use by you as a site on the Internet.

The relationship entered into between you and us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between you and us.

If you choose to host your Web Site on our Servers, this indicates full agreement of the terms below.

1. Domain Name Registration

1.1. . We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has, or they have been registered. Any action taken by you before such notification is at your risk.

1.2. The registration and use of your domain name is subject to our general terms and conditions of use, you shall ensure that you are aware of those terms and conditions and that you comply with them.

1.3. You shall have no right to bring any claim against us in respect of any refusal to register a domain name by the relevant registration authority.

1.4. Any charge for a domain name paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.

1.5. We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.

1.6. We shall not release any domain to another provider unless full payment for that domain has been received by us.

2. Web Site Hosting And Email

2.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

2.2. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes and to promptly inform us if this clause or any sub clause of this clause has been breached or you become aware that they may have been breached. In particular:

2.2.1. You will not use the Server in any manner which infringes any law or regulation, or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.

2.2.2. You will not upload, post, link to or transmit:

2.2.2.1. Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.

2.2.2.2. Any material containing a virus or other hostile computer program.

2.2.2.3. Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

2.2.2.4. Any material which is forbidden by our acceptable use policy which is published here.

2.2.3. You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.

2.2.4. You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.

2.3. We reserve the right to remove any material which we deem inappropriate from your Web Site without notice to you.

2.4. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information.

2.5. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

2.6. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

2.7. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

2.8. While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or mis-routing of email or for any other failure of email.

3. Service Availability

3.1. We shall use our reasonable endeavours to make available to you at all times the Server and the Services, but we shall not in any event, be liable for interruptions of Service or down-time of the Server.

4. Payment

4.1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published by us, errors and omissions excepted and shall be due and payable in advance of provision of the Services.

4.2. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre-payment.

4.3. Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given in accordance with 5.4. If you choose to pay by business credit or debit card you authorise Sharps Digital to debit your account renewal fees from your card automatically.

4.4. All payments must be in UK Pounds Sterling.

4.5. Payment via cheque is not accepted.

4.6. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled but not obliged forthwith to suspend the provision of Services to you.

5. Termination and Refunds

5.1. We shall be entitled to suspend products, the Services and/or terminate this Agreement forthwith without notice to you If you:

5.1.1. Fail to pay any sums due to us as they fall due.

5.1.2. Break any of these terms and conditions.

5.1.3. Are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.

5.2. No refunds will be made under any circumstances for Services suspended in accordance with the General Terms and Conditions.

5.3. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You may be entitled to a pro rata refund based upon the remaining period of prepayment, at the company’s discretion.

5.4. You may cancel the Services at any time. To do so you must request cancellation of the Services in writing including a copy of your invoice. We will cancel the Services within 7 working days of receipt of your request.

5.5. No refunds or pro rata refunds will be made after the payment for services have been received, should you decide to cancel the Services.

5.5.1. Domain name registration fees, charges for additional data transfer and charges for optional extras added to your account are not refundable under any circumstances.

5.5.2. You will not be entitled to a refund on this basis if you have previously held an account with Sharps Digital

5.6. Where payment has been made by business credit or debit card, any refund will only be issued to the same business credit or debit card.

5.7. On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server.

5.8. Late commercial payments: charging interest and debt recovery

5.8.1. When a payment becomes late: If payments fail and your account falls into arrears, interest and debt recovery costs will be applied to your account, we cannot accept a business paying late for goods or a service.

5.8.2. If you agree a payment date, it must be within 60 days, as standard for all business transactions. If you do not agree a payment date, the law says the payment is late 30 days after either:

5.8.2.1. You receive the invoice

5.8.2.2. The goods have been delivered or the service has been provided the service.

5.8.3. Interest on late commercial payments: The interest we will charged to your business for late payments for goods or a service is ‘statutory interest’ - this is 8% plus the Bank of England base rate for business to business transactions. Check the current Bank of England base rate and previous rates.

5.8.4. A new invoice will be issued, to add interest to the money you’re owe.

5.8.5. Sharps Digital will claim debt recovery costs on late payments. Sharps Digital will charge a business a fixed sum for the cost of recovering a late commercial payment on top of claiming interest from it. The amount charged depends on the amount of debt. We will charge the business once for each payment made.

5.8.5.1. These amounts are set by late payment legislation – September 2018

Amounnt Of Debt

  • Up to £999.99
  • £1,000 to £9,999.99
  • £10,000 or more
Debt Recovery Charge

  • £40
  • £70
  • £100






5.8.6. We may also claim against you for reasonable costs each time we try to recover the debt.

6. Indemnity

6.1. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to You and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this Agreement.

7. Limitation of Liability

7.1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under UK law, subject always to sub clause:

7.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

7.3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.

7.4. In any event no claim shall be brought unless you have notified us of the claim within one month of it arising.

7.5. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

8. Notices

8.1. Any notice to be given by Sharps Digital’s party to the other may be done over the phone or email to the address of the other party as appearing in this Agreement. Any notice to be given to Sharps Digital must be done by phone or recorded delivery.

9. Non-Waiver

9.1. Any forbearance or failure by us to enforce a contractual provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.

10. Law

10.1. This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.

10.2. The Consumer Contracts Regulations 2014 and other consumer laws do not apply to Business to Business transactions; as you are acting for the purposes of a business.

10.2.1. As a business, you are deemed to be as knowledgeable as the business from which you are purchasing, as both parties are on an equal footing.

11. Headings

11.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

12. Entire Agreement

12.1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

12.2. We may, at any time, and at our sole discretion, modify these Terms and Conditions of Use, including our Privacy Policy, with or without notice to the User. Any such modification will be effective immediately upon public posting.

12.2.1. Your continued use of our Service and this Site following any such modification constitutes your acceptance of these modified Terms.



Sharps Media Group Limited trading as Sharps Digital. Company No: 11424245. Revision 1.0. 17/10/2018