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Last Updated: 08/10/2022

General Terms & Conditions

These General Terms and Conditions alongside any related service Terms and Conditions as shown on our Terms of Service page sets out the terms for using services The Simple Host provides. These terms indicate a mutual agreement between The Simple Host and the Customer. By registering for a service and accepting the Terms of Service option at checkout, You are accepting to these General Terms and Conditions.

The terms “We”, “Our” or “Us” shall refer to The Simple Host and “You”, “Your” or “Customer” shall refer to the person/company representative accepting these General Terms and Conditions.

[1] Duration Of These Terms
  1. These terms will come into force on the commencement date of Your signup and shall continue in force for the initial term of Your selected billing cycle subject to the provisions of Clauses 7 and 12.
  2. Following the end of the initial term, the term may be renewed for further periods either monthly or yearly which shall thereafter be defined as part of the term.
[2] Changes To These Terms
  1. We reserve the right to amend these terms at any time.
  2. Customers will be notified of any changes or updates to these terms and are not deemed to have accepted any changes until being notified.
[3] Our Obligations
  1. We shall provide the hosting services to the Customer in accordance with the provisions of Clause 6 and in accordance with the required service levels set out in Clause 7.
  2. We shall provide the Customer with such information, advice and support in connection with the hosting services and the provision thereof as the Customer may, from time to time, reasonably require both before and during the provision of the hosting services.
  3. We shall use reasonable endeavours to keep the Customer informed of any special requirements (including, but not limited to, legislative requirements) applicable to the provision of the hosting services. To the extent necessary and appropriate, we shall promptly take steps to comply with any such requirements.  These steps shall not otherwise alter these terms in any way.
[4] Your Obligations
  1. The Customer shall provide Us with such information in connection with the hosting services and the provision thereof as We may, from time to time, reasonably require both before and during the provision of the hosting services.
  2. The Customer shall comply with any and all terms and conditions which We may apply to the hosting services as found on Our Terms of Service page.
[5] Fees, Payments & Refunds
  1. The Customer shall pay the fees to Us on a monthly or yearly billing cycle in accordance with the pricing structure of the hosting service.
  2. All payments required to be made by the Customer shall be made at monthly or yearly intervals by PayPal either by subscription or non-subscription.
  3. Where any payment owed on Your service is required to be made on a day which is not a business day, it may be made on the next following business day.
  4. Refunds are only offered under reference to Clause 7.
  5. Domain names are non-refundable, refer to Domain Name Terms and Conditions for information.
[6] Provision Of Hosting Services
  1. We shall, throughout the term of Your chosen cycle, provide the hosting services to the Customer in accordance these terms, the provisions of the hosting plan and the service levels.
  2. We shall be responsible for ensuring that your hosting service complies with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the hosting services.
  3. We may alter, improve or otherwise modify the hosting plan provided. Any such change will not result in the removal of any features or services that form part of the hosting plan. The Customer will be notified no later than 30 business days in advance of any planned changes and will receive full documentation of any action required on their part.  No alterations under this sub-Clause 6.3 shall affect the fees payable by the Customer.
  4. We shall use all due and proper care to ensure that the manner in which We provide the hosting services does not have any adverse effect on the name, reputation, image or business of the Customer.
[7] Service Levels
  1. We shall use reasonable endeavours to ensure an uptime rate of 99.9%.
  2. We shall implement such organisational, technological and other measures as are reasonably required to ensure the uptime rate set out in sub-Clause 7.1.
  3. For the purposes of these terms, downtime refers to one or more whole periods of 60 minutes commencing upon the submission by the Customer of a support ticket informing Our support department of the non-availability of Your hosting services.
  4. We shall issue Your next billing cycle free of charge when the downtime exceeds 120 minutes from the time of the Customer informing Us.
  5. In the event that the hosting services are unavailable for a period exceeding 6 hours per month for 2 consecutive months, the Customer shall have the right to cancel and will be issued a refund subject to any other Terms and Conditions affiliated with Your service.
  6. Sub-Clauses 7.4 and 7.5 shall not apply to any downtime which results from any of the following:
    • scheduled service downtime;
    • failure of the Customers own computer systems, network or software;
    • failure by the Customer, its employees, subcontractors, agents or other similar third parties to comply with any of these terms;
    • breach by the Customer of any terms or restrictions of the hosting service including, but not limited to, exceeding data storage or transfer limitations;
    • problems which are beyond Our reasonable control including, but not limited to, internet service provider failure, DDoS or malware attacks and other matters arising under Clause 15.
[8] Scheduled Service Downtime
  1. We may, from time to time, require scheduled service downtime in order to perform maintenance and upgrades on its computer systems, network and infrastructure.
  2. We shall use all reasonable endeavours to ensure that any period of scheduled service downtime causes minimal disruption to the hosting services and is as brief as is reasonably possible. Nothing in this sub-Clause 8.2 shall constitute a guarantee of the same.
  3. We shall notify the Customer of scheduled service downtime no later than 10 business days prior to the start of the downtime. Such notice shall include an outline summary of the work to be performed during, and the estimated duration of, the scheduled service downtime.
  4. Whenever possible, We shall use reasonable endeavours to perform maintenance and upgrades without incurring any scheduled service downtime.
[9] Service & Performance Monitoring
  1. We shall appoint the performance monitor to ensure that the hosting services are provided in accordance with the service levels and the terms of that service and in particular to deal with and respond accordingly to any and all support tickets informing Us of the non-availability of the hosting services.
  2. In the event that the service levels fall below the requirements set out in Clause 7, the provisions of sub-Clauses 7.4 and 7.5 shall apply.
[10] Confidentiality
  1. Each party undertakes that, except as provided by sub-Clause 10.2 or as authorised in writing by the other party, it shall, at all times during the continuance of these terms and after its termination:
    • keep confidential all confidential information;
    • not disclose any confidential information to any other party;
    • not use any confidential information for any purpose other than as contemplated by and subject to the terms and conditions of these terms;
    • not make any copies of, record in any way or part with possession of any confidential information; and
    • ensure that none of its directors, officers, employees, agents or advisers does any act which, if done by that party, would be a breach of the provisions of sub-clauses 10.1.1 to 10.1.4 above.
  1. Either party may disclose any confidential information to:
    • any sub-contractor or supplier of that party;
    • any governmental or other authority or regulatory body; or
    • any employee or officer of that party or of any of the aforementioned persons, parties or bodies;
  • to such extent only as is necessary for the purposes contemplated by these terms, or as required by law, and in each case subject to that party first informing the person, party or body in question that the confidential information is confidential and (except where the disclosure is to any such body as is mentioned in sub-Clause 10.2.1.2 above or any employee or officer of any such body) obtaining and submitting to the other party a written undertaking from the person in question, as nearly as practicable in the terms of this Clause 10, to keep the confidential information confidential and to use it only for the purposes for which the disclosure is made; and use any confidential information for any purpose, or disclose it to any other person, to the extent only that it is at the date of service commencement, or at any time after that date becomes, public knowledge through no fault of that party, provided that in doing so that oarty does not disclose any part of that confidential information which is not public knowledge.
  1. The provisions of this Clause 10 shall continue in force in accordance with their terms, notwithstanding the termination of these terms for any reason.
[11] Intellectual Property Rights
  1. We will not acquire ownership of any intellectual property rights subsisting in any material belonging to the Customer which the Customer may, from time to time, require Us to host or store in the course of providing the hosting services.
  2. Notwithstanding Clause 14, the Customer agrees to fully indemnify Us against any and all costs, expenses, liabilities, losses, damages, claims and judgments that We may incur or be subject to as a result of the infringement of any intellectual property rights belonging to any third party arising out of the Customers failure to obtain the necessary rights and permissions from third parties in relation to any material (or intellectual property rights) owned by such third parties.
[12] Cancellation & Termination
  1. You may cancel Your hosting service at any time by giving Us not less than 5 business days cancellation notice before Your next billing cycle.
  2. You shall have the right to forthwith cancel Your service and receive a refund by giving written notice to the Our support department in the event that We fail to provide the hosting services in compliance with the service levels for the period set out in sub-Clause 7.5.
  3. We may terminate Your service by giving written notice if:
    • any sum owing to Us by the Customer under any of the provisions of these terms is not paid within 5 business days of the due date for the payment cycle;
    • these terms have been breached by the Customer;
    • the Customer is using their hosting services for anything other than the use to host general personal or business websites, email accounts, domain names, software and apps relevant to Our services;
    • the Customer is using their hosting services as a spam base for email;
    • the Customer is in breach of UK laws and regulations.
  1. The right to terminate Your service given by this Clause 12 shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
[13] Post-Termination Provisions

Upon the termination of Your hosting service for any reason:

  1. any sum owing by either party to the other party under any of the provisions of these terms shall become immediately due and payable, once the sum owing has been paid to the other party Your hosting service will be restored;
  2. any rights or obligations to which any of the parties to these terms may be entitled or be subject before its termination shall remain in full force and effect where they are expressly stated to survive such termination;
  3. termination shall not affect or prejudice any right to damages or other remedy which the terminating party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which either party may have in respect of any breach to these terms which existed at or before the date of termination;
  4. subject as provided in this Clause 13, and except in respect of any accrued rights, neither party shall be under any further obligation to the other;
  5. We shall forthwith remove any and all information belonging to and pertaining to the Customer from its computer systems; and
  6. each party shall (except to the extent referred to in Clause 10) forthwith cease to use, either directly or indirectly, any confidential information, and shall forthwith return to the other party any documents in its possession or control which contain or record any confidential information.
[14] Liability & Indemnity
  1. Nothing in these terms shall limit or exclude either party’s liability for death or personal injury caused by its negligence (or the negligence of that party’s employees, agents or subcontractors); for fraud or fraudulent misrepresentation; or any other liability which cannot be limited or excluded by law.
  2. Nothing in these terms shall limit Our liability for breach of the implied terms implied by section 2 of the Supply of Goods and Services Act 1982 (relating to title and quiet possession).
  3. Neither party shall be liable to the other, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, anticipated profits, revenues, anticipated savings, business opportunity, goodwill, or any indirect or consequential loss arising out of or in connection with these terms.
[15] Force Majeure
  1. Neither party to these terms shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.  Such causes include, but are not limited to: power failure, internet service provider failure, DDoS and malware attacks, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
[16] Data Protection
  1. We will only use the Customers personal information as set out in Our Privacy Policy.
[17] Data Processing
  1. In this Clause 17, “personal data”, “data subject”, “data controller”, “data processor”, and “personal data breach” shall have the meaning defined in the Data Protection Legislation.
  2. The parties hereby agree that they shall both comply with all applicable data protection requirements set out in the Data Protection Legislation. This Clause 17 shall not relieve either party of any obligations set out in the Data Protection Legislation and does not remove or replace any of those obligations.
  3. For the purposes of the Data Protection Legislation and for this Clause 17, the Customer is the “Data Controller” and The Simple Host is the “Data Processor”.
  4. The Data Controller shall ensure that it has in place all necessary consents and notices required to enable the lawful transfer of personal data to the Data Processor for the purposes described in these terms.
  5. The Data Processor shall, with respect to any personal data processed by it in relation to its performance of any of its obligations under these terms:
    • Process the personal data only on the written instructions of the Data Controller unless the Data Processor is otherwise required to process such personal data by law. The Data Processor shall promptly notify the Data Controller of such processing unless prohibited from doing so by law;
    • Ensure that it has in place suitable technical and organisational measures (as approved by the Data Controller) to protect the personal data from unauthorised or unlawful processing, accidental loss, damage or destruction. Such measures shall be proportionate to the potential harm resulting from such events, taking into account the current state of the art in technology and the cost of implementing those measures.
    • Ensure that any and all staff with access to the personal data (whether for processing purposes or otherwise) are contractually obliged to keep that personal data confidential;
    • Not transfer any personal data outside of the UK without the prior written consent of the Data Controller and only if the following conditions are satisfied:
      • The Data Controller and/or the Data Processor has/have provided suitable safeguards for the transfer of personal data;
      • Affected data subjects have enforceable rights and effective legal remedies;
      • The Data Processor complies with its obligations under the Data Protection Legislation, providing an adequate level of protection to any and all personal data so transferred; and
      • The Data Processor complies with all reasonable instructions given in advance by the Data Controller with respect to the processing of the personal data;
    • Assist the Data Controller at the Data Controller’s cost, in responding to any and all requests from data subjects and in ensuring its compliance with the Data Protection Legislation with respect to security, breach notifications, impact assessments, and consultations with supervisory authorities or regulators (including, but not limited to, the Information Commissioner’s Office);
    • Notify the Data Controller without undue delay of a personal data breach;
    • On the Data Controller’s written instruction, delete (or otherwise dispose of) or return all personal data and any and all copies thereof to the Data Controller on termination of these terms unless it is required to retain any of the personal data by law; and
    • Maintain complete and accurate records of all processing activities and technical and organisational measures implemented necessary to demonstrate compliance with this Clause 17 and to allow for audits by the Data Controller and/or any party designated by the Data Controller.
  1. The Data Processor shall not sub-contract any of its obligations to a sub-contractor with respect to the processing of personal data under this Clause 17 without the prior written consent of the Data Controller (such consent not to be unreasonably withheld). In the event that the Data Processor appoints a sub-contractor, the Data Processor shall:
    • Enter into a written agreement with the sub-contractor, which shall impose upon the sub-contractor the same obligations as are imposed upon the Data Processor by this Clause 17 and which shall permit both the Data Processor and the Data Controller to enforce those obligations; and
    • Ensure that the sub-contractor complies fully with its obligations under that agreement and the Data Protection Legislation.
  1. Either party may, at any time, and on at least 90 calendar days’ notice, alter this Clause 17, replacing it with any applicable data processing clauses or similar terms that form part of an applicable certification scheme. Such terms shall apply when replaced by attachment to these terms.
[18] Network & Information Systems Security
  1. We have in place the security measures to protect Our network and information systems.
  2. We shall notify the Customer immediately in the event that it becomes aware of any security incident affecting its network and information systems that has the potential to affect the Customer. We shall respond without undue delay to any and all queries or requests from the Customer with respect to any such incident, irrespective of whether that incident has been discovered by the Customer or Us, and at all times keeping in mind the extent of any reporting obligations applicable to the Customer under the Network and Information Systems Regulations 2018 (the “NIS Regulations”) and any other statutory or regulatory time limits with which the Customer is required to comply.
  3. We shall use reasonable endeavours to ensure business continuity for the Customer at all times.
  4. We shall at all times co-operate fully with the Customer with respect to compliance with the NIS Regulations. Such co-operation and compliance shall include, but not be limited to, requests for information in the event of security incidents (suspected or actual) and inspections by regulatory authorities.
[19] Nature Of These Terms
  1. These terms are personal to the parties and neither party may assign, mortgage, or charge (otherwise than by floating charge) or sub-license any of its rights hereunder, or sub-contract or otherwise delegate any of its obligations hereunder, except with the written consent of the other party, such consent not to be unreasonably withheld.
  2. Subject to the provisions of Clause 17, these terms contain the entire agreement between the parties with respect to its subject matter and may not be modified except by an instrument in writing.
  3. Each party acknowledges that, in entering into these terms, it does not rely on any representation, warranty or other provision except as expressly provided in these terms, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
  4. No failure or delay by either party in exercising any of its rights under these terms shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of these terms shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
  5. At any time after the commencement date each of the parties shall, at the request and cost of the other party, execute or procure the execution of such documents and do or procure the doing of such acts and things as the party so requiring may reasonably require for the purpose of giving to the party so requiring the full benefit of all the provisions of these terms.
[20] Severance

  1. The parties agree that, in the event that one or more of the provisions of these terms is found to be unlawful, invalid or otherwise unenforceable, that those provisions shall be deemed severed from the remainder of these terms. The remainder of these terms shall be valid and enforceable.

[21] Relationship of the Parties
  1. Nothing in these terms shall constitute, or be deemed to constitute, a partnership between the parties nor, except as expressly provided, shall it constitute, or be deemed to constitute an agency of any other party for any purpose.
[22] Notices
  1. All notices under these terms shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the party giving the notice.
  2. Notices shall be deemed to have been duly given:
    • when sent, if transmitted by e-mail and a successful transmission report or return receipt is generated, in each case addressed to the most e-mail address, notified to the other party.
[23] Law & Jurisdiction
  1. These terms (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, English laws.
  2. Any dispute, controversy, proceedings or claim between the parties relating to these terms (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England.