By Using Our Site You Accepting To These Website Terms Of Use

Please read our Terms Of Use carefully and ensure that you understand them before using Our Site. These Terms Of Use, together with any other documents referred to herein, set out the terms of use governing your use of this website, https://www.thesimplehost.co.uk/ (“Our Site”).

These Terms Of Use was last updated on 15/02/2022.

Your agreement to comply with these Terms Of Use is indicated by your use of Our Site. If you do not agree to these Terms Of Use, you must stop using Our Site immediately.

The following documents also apply to your use of Our Site:

• Our Privacy Policy, available on our legal page. This is also referred to below in Part 15.
• Our Cookie Policy, available on our legal page. This is also referred to below in Part 15.

In these Terms Of Use, unless the context otherwise requires, the following expressions have the following meanings:

• "Content" - means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
• "we/use/are" - means The Simple Host.

We are The Simple Host, a Web Hosting Provider in England. We own and operate Our Site where you can find information regarding the services which we provide. Our registered address is 11 Glen Road, Wadebridge, Cornwall, PL27 7PD.

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please submit a support ticket to us.

• 4.1) Access to Our Site is free of charge.
• 4.2) It is your responsibility to make the arrangements necessary in order to access Our Site.
• 4.3) Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.

We may alter and update Our Site (or any part of it) at any time to give you a better user experience and enhance security. If we make any significant alterations to Our Site (or any part of it), we will try to give you reasonable notice of the alterations.

• 6.1) We may alter these Terms Of Use at any time. If we do so, details of the changes will be highlighted at the top of this page. As explained above, your use of Our Site constitutes your acceptance of these Terms Of Use. Consequently, any changes made to these Terms Of Use will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.
• 6.2) If any part of the current version of these Terms Of Use conflicts with any previous version(s), the current version shall prevail unless we explicitly state otherwise.

Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.

• 8.1) All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by us, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
• 8.2) You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
• 8.3) You may print one copy and download extracts of any page(s) from Our Site for personal use only.
• 8.4) You may not modify the printed copies or downloaded extracts in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.
• 8.5) Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.
• 8.6) You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from us (or our licensors, as applicable). This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.

• 9.1) You may only link to the homepage of Our Site, https://www.thesimplehost.co.uk/. Linking to other pages on Our Site requires our express written permission.
• 9.2) Links to Our Site must be fair and lawful. You must not take unfair advantage of our reputation or attempt to damage our reputation.
• 9.3) You must not link to Our Site in a manner that suggests any association with us (where there is none) or any endorsement or approval from us (where there is none).
• 9.4) Your link should not use any logos or trade marks displayed on Our Site without our express written permission.
• 9.5) You must not frame or embed Our Site on another website without Our express written permission.
• 9.6) You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.

• 10.1) Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under our control. We accept no responsibility or liability for the content of third-party websites.
• 10.2) The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.

• 11.1) Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice from our support team by submitting a support ticket should always be obtained before taking any action relating to the services or Content provided on Our Site.
• 11.2) We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but we make no warranties, representations, or guarantees (express or implied) that this will always be the case.

• 12.1) Nothing in these Terms Of Use excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
• 12.2) If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, we accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
• 12.3) If you are a business user, we accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

• 13.1) We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, we do not guarantee that this is the case.
• 13.2) You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
• 13.3) You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
• 13.4) You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
• 13.5) You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
• 13.6) By breaching the provisions of Parts 13.3 to 13.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

• 14.1) You may only use Our Site in a lawful manner:
• • a) You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
  • b) You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent; and
  • c) You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
• 14.2) If you fail to comply with the provisions of this Part 14, you will be in breach of these Terms Of Use. We may take one or more of the following actions in response:
• • a) Suspend or terminate your right to use Our Site;
  • b) Issue you with a written warning;
  • c) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
  • d) Take further legal action against you, as appropriate;
  • e) Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
  • f) Any other actions which we deem reasonably appropriate (and lawful).
• 14.3) We hereby exclude any and all liability arising out of any actions that we may take (including, but not limited to those set out above in Part 14.2) in response to your breach.

We will only use your personal information as set out in our Privacy Policy and Cookie Policy, available from our legal page.

• 16.1) If we have your contact details, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms Of Use.
• 16.2) We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from us include an unsubscribe link. If you opt out of emails from us, it may take up to one week for your request to take effect and you may continue to receive emails during that time.
• 16.3) For questions or complaints about communications from us, please contact us using the details above in Part 3.

• 17.1) These Terms Of Use, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
• 17.2) If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 17.1 takes away from or reduces your legal rights as a consumer.
• 17.3) If you are a consumer, any dispute, controversy, proceedings, or claim between you and us relating to these Terms Of Use or to the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
• 17.4) If you are a business user, any dispute, controversy, proceedings, or claim between you and us relating to these Terms Of Use or to the relationship between you and us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

This website https://www.thesimplehost.co.uk/ (“Our Site”) uses Cookies and similar technologies in order to distinguish you from other users. By using Cookies, We are able to provide you with a better experience and to improve Our Site by better understanding how you use it. Please read this Cookie Policy carefully and ensure that you understand it. Your acceptance of Our Cookie Policy is deemed to occur when you press the accept button on Our Cookie pop-up at the bottom of your screen upon visiting Our Site. If you do not agree to Our Cookie Policy, please stop using Our Site immediately.

In this Cookie Policy, unless the context otherwise requires, the following expressions have the following meanings:

• “Cookie” - means a small file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site;
• “Cookie Law” - means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and, where applicable, the UK GDPR;
• “personal data” - means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data, as defined by the UK GDPR and the Data Protection Act 2018 (the “Data Protection Legislation”); and
• “We/Us/Our” - means The Simple Host, a web hosting provider registered in England.

We are The Simple Host, a Web Hosting Provider in England. We own and operate Our Site where you can find information regarding the services which We provide. Our registered address is 11 Glen Road, Wadebridge, Cornwall, PL27 7PD.

• 3.1) Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
• 3.2) By using Our Site, you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. Third party Cookies are used on Our Site for advertising and support along with some services. For more details, please refer to section 4 below.
• 3.3) All Cookies used by and on Our Site are used in accordance with current Cookie Law. We may use some or all of the following types of Cookie:
• • 3.3.1) Strictly Necessary Cookies:
  • A Cookie falls into this category if it is essential to the operation of Our Site, supporting functions such as logging in, your shopping basket, and payment transactions.
  • 3.3.2) Analytics Cookies:
  • It is important for Us to understand how you use Our Site, for example, how efficiently you are able to navigate around it, and what features you use. Analytics Cookies enable us to gather this information, helping Us to improve Our Site and your experience of it.
  • 3.3.3) Functionality Cookies:
  • Functionality Cookies enable Us to provide additional functions to you on Our Site such as personalisation and remembering your saved preferences. Some functionality Cookies may also be strictly necessary Cookies, but not all necessarily fall into that category.
  • 3.3.4) Targeting Cookies:
  • It is important for Us to know when and how often you visit Our Site, and which parts of it you have used (including which pages you have visited and which links you have visited). As with analytics Cookies, this information helps us to better understand you and, in turn, to make Our Site and advertising more relevant to your interests. Some information gathered by targeting Cookies may also be shared with third parties.
  • 3.3.5) Third Party Cookies:
  • Third party Cookies are not placed by Us; instead, they are placed by third parties that provide services to Us and/or to you. Third party Cookies may be used by advertising services to serve up tailored advertising to you on Our Site, or by third parties providing analytics services to Us (these Cookies will work in the same way as analytics Cookies described above).
  • 3.3.6) Persistent Cookies:
  • Any of the above types of Cookie may be a persistent Cookie. Persistent Cookies are those which remain on your computer or device for a predetermined period and are activated each time you visit Our Site.
  • 3.3.7) Session Cookies:
  • Any of the above types of Cookie may be a session Cookie. Session Cookies are temporary and only remain on your computer or device from the point at which you visit Our Site until you close your browser. Session Cookies are deleted when you close your browser.
• 3.4) Cookies on Our Site are not permanent and will expire as indicated in the table below.
• 3.5) For more details of the personal data that We collect and use, the measures we have in place to protect personal data, your legal rights, and our legal obligations, please refer to our Privacy Policy.
• 3.6) For more specific details of the Cookies that We use, please refer to the table below.

• 4.1) The following first party Cookies may be placed on your computer or device:

Name of Cookie	Purpose & Type	Strictly Necessary
insert file name	insert description	yes/no
insert file name	insert description	yes/no
insert file name	insert description	yes/no



• 4.2) The following third party Cookies may be placed on your computer or device:

Name of Cookie	Purpose & Type	Provider	Strictly Necessary
insert file name	first/third	insert name	insert description
insert file name	first/third	insert name	insert description
insert file name	first/third	insert name	insert description



• 4.3) Our Site uses analytics services provided by Google Analytics. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
• 4.4) The analytics service(s) used by Our Site use(s) analytics Cookies to gather the required information.
• 4.5) The analytics service(s) used by Our Site use(s) the following analytics Cookies:

Name of Cookie	Purpose & Type	Provider	Strictly Necessary
insert file name	first/third	insert name	insert description
insert file name	first/third	insert name	insert description
insert file name	first/third	insert name	insert description

• 5.1) Before Cookies are placed on your computer or device, you will be shown a pop-up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies unless those Cookies are strictly necessary; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow and/or deny different categories of Cookie that We use.
• 5.2) In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
• 5.3) The links below provide instructions on how to control Cookies in all mainstream browsers:
• • 5.3.1) Google Chrome;
  • 5.3.2) Microsoft Internet Explorer;
  • 5.3.3) Microsoft Edge;
  • 5.3.4) Safari (macOS);
  • 5.3.5) Safari (iOS);
  • 5.3.6) Mozilla Firefox;
  • 5.3.7) Android.

• 6.1) We may alter this Cookie Policy at any time. Any such changes will become binding on you on your first use of Our Site after the changes have been made. You are therefore advised to check this page from time to time.
• 6.2) In the event of any conflict between the current version of this Cookie Policy and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

• 7.1) If you would like to know more about how We use Cookies, please contact Us by submitting a support ticket.
• 7.2) For more information about privacy, data protection and our terms and conditions, please visit the following:
• • 7.2.1) Privacy Policy;
  • 7.2.2) Terms Of Use.

The Simple Host (“we”, “us” or “our”) understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website, https://www.thesimplehost.co.uk/ (“Our Site”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

Please read this Privacy Policy carefully and ensure that you understand it. You are accepting the terms of this Privacy Policy by continuing to use Our Site.

In this Policy the following terms shall have the following meanings:

• "Account" - means an account required to access and/or use certain areas and features of Our Site;
• "Cookie" - means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in Part 14, below; and
• "Cookie Law" - means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003.

We are The Simple Host, a Web Hosting Provider registered in England. We own and operate Our Site where you can find information regarding the services which we provide.

Registered address: 11 Glen Road, Wadebridge, Cornwall, PL27 7PD.

This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

Personal data is defined by the UK GDPR and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:

• a) The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 15.
• b) The right to access the personal data we hold about you. Part 13 will tell you how to do this.
• c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 15 to find out more.
• d) The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 15 to find out more.
• e) The right to restrict (i.e. prevent) the processing of your personal data.
• f) The right to object to us using your personal data for a particular purpose or purposes.
• g) The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
• h) The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
• i) Rights relating to automated decision-making and profiling.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 15.

It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first, using the details in Part 15.

Depending upon your use of Our Site, we may collect and hold some or all of the personal and non-personal data set out in the table below, using the methods also set out in the table. Please also see Part 14 for more information about our use of Cookies and similar technologies and our Cookie Policy. We do not collect any ‘special category’ or ‘sensitive’ personal data AND/OR personal data relating to children AND/OR data relating to criminal convictions and/or offences.

Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we will OR may use your personal data, and our lawful bases for doing so:

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email AND/OR telephone AND/OR text message AND/OR post with information, news, and offers on our services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.] [We will always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out at any time.

Third Parties (including Mailchimp, tawk.to) whose content appears on Our Site may use third-party Cookies, as detailed below in Part 14. Please refer to Part 14 for more information on controlling cookies. Please note that we do not control the activities of such third parties, nor the data that they collect and use themselves, and we advise you to check the privacy policies of any such third parties.

We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 15.

If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.

In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

We will only store your personal data in the UK. This means that it will be fully protected under the Data Protection Legislation.

We ensure that your personal data is protected under binding corporate rules. Binding corporate rules are a set of common rules which all our group companies are required to follow when processing personal data. For further information, please refer to the Information Commissioner’s Office.

The security of your personal data is essential to us, and to protect your data, we take a number of important measures, including the following:

• limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality;
• procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where we are legally required to do so.

We will not share any of your personal data with any third parties for any purposes, subject to the following exception[s].

If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

OR

We may share your personal data with other companies in our group to allow us to activate certain services.

We may sometimes contract with the following third parties to supply certain services.

If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 9.

If any personal data is transferred outside of the UK, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation, as explained above in Part 9.

If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

• 11.1) In addition to your rights under the Data Protection Legislation, set out in Part 5, when you submit personal data via Our Site, you may be given options to restrict our use of your personal data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails AND/OR, at the point of providing your details and by managing your Account).
• 11.2) You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

You may access certain areas of Our Site without providing any personal data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.

You may restrict our use of Cookies. For more information, see Part 14 and our Cookie Policy.

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will try our best to respond to any legitimate subject access request within one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

Our Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve our services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

By using Our Site, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us. Third-party Cookies are used on Our Site for sign-up, service registration, analytics. For more details, please refer to the table below. These Cookies are not integral to the functioning of Our Site and your use and experience of Our Site will not be impaired by refusing consent to them.

All Cookies used by and on Our Site are used in accordance with current Cookie Law.

Before Cookies are placed on your computer or device, you will be shown a pop-up at the bottom of your screen when visiting Our Site requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow only first-party Cookies and block third-party Cookies.

Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown in the table below. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.

The following first-party Cookies may be placed on your computer or device:

and the following third-party Cookies may be placed on your computer or device:

Our Site uses analytics services provided by Google. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling us to better understand how Our Site is used. This, in turn, enables us to improve Our Site and the services offered through it.

The analytics service(s) used by Our Site use(s) Cookies to gather the required information. You do not have to allow us to use these Cookies, however whilst our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable us to continually improve Our Site, making it a better and more useful experience for you.

The analytics service(s) used by Our Site use(s) the following Cookies:

In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.

It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

OR

Our Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve our services. By using Our Site you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us. Third-party Cookies are used on Our Site during sign-up AND/OR registration of services. In addition, Our Site uses analytics services provided by Google, which also use Cookies. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling us to better understand how people use Our Site. For more details, please refer to our Cookie Policy.

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please submit a support ticket to us.

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date. This Privacy Policy was last updated on 15/02/2022.

THIS AGREEMENT is made when accepting the Terms of Service option during checkout for any of our web hosting plans.

BETWEEN:

(1) The Simple Host (“Service Provider”) a registered web hosting provider in England and

(2) yourself as the registering user (“Client”) until your billing cycle ends or you choose to cancel your web hosting plan.

WHEREAS:

(1) The Service Provider is engaged in the business of providing Hosting Services to clients and has reasonable skill, knowledge, qualifications and experience in that field.

(2) The Client wishes to acquire the Hosting Services provided by the Service Provider as detailed in Clause 6 and Schedule 1, subject to, and in accordance with, the terms and conditions of this Agreement.

(3) The Service Provider wishes to provide the Hosting Services to the Client subject to, and in accordance with, the terms and conditions of this Agreement.

IT IS AGREED as follows:

• 1.1) In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
• • “Business Day” - means any day on which ordinary banks are open for their full range of normal business in England;
  • “Commencement Date” - means the date on which this Agreement comes into force pursuant to Clause 2;
  • “Confidential Information” - means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with this Agreement or otherwise (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked or may be interpreted as such);
  • “Data Protection Legislation” - means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR (the retained EU law version of the General Data Protection Regulation ((EU) 2016/679), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018); the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended;
  • “Downtime” - means the non-availability of one or more parts of the Hosting Services as defined in Clause 7;
  • “Fees” - means the fees payable by the Client to the Service Provider in accordance with Clause 5 and Schedule 1;
  • “Hosting Package” - means the specification under which the Hosting Services and Fees shall be determined and provided as set out in Schedule 1;
  • “Hosting Services” - means the website hosting services provided by the Service Provider as set out in Clause 6;
  • “Intellectual Property Rights” - means any and all patents, rights in inventions, rights in designs, trade marks, trade and business names and all associated goodwill, rights to sue for passing-off or for unfair competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know-how and trade secrets) and all other similar or equivalent rights (subsisting now or in the future) in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term;
  • “Performance Monitor” - Means the individual(s) appointed by the Service Provider to monitor the provision of the Hosting Services in accordance with the Service Levels under Clause 9;
  • “Scheduled Service Downtime” - means Downtime which is pre-planned by the Service Provider for maintenance, upgrades and similar activities in accordance with Clause 8;
  • “Service Levels” - means the agreed levels to which the Service Provider’s performance in providing the Hosting Services must adhere as set out in Clause 7;
  • “Support Ticket” - means a message sent to the Service Provider via the Service Provider’s online support system;
  • “Term” - means the term of this Agreement as set out in Clause 2; and
  • “Uptime” - means the normal, fully functional availability of the Hosting Services and all components thereof.
• 1.2) Unless the context otherwise requires, each reference in this Agreement to:
• • 1.2.1) “writing”, and any cognate expression, includes a reference to any communication effected by electronic or similar means (from within your control center);
  • 1.2.2) a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
  • 1.2.3) “this Agreement” is a reference to this Agreement and each of the Schedules as amended or supplemented at the relevant time;
  • 1.2.4) a Schedule is a schedule to this Agreement; and
  • 1.2.5) a Clause or paragraph is a reference to a Clause of this Agreement (other than the Schedules) or a paragraph of the relevant Schedule.
  • 1.2.6) a "Party" or the "Parties" refer to the parties to this Agreement.
• 1.3) The headings used in this Agreement are for convenience only and shall have no effect upon the interpretation of this Agreement.
• 1.4) Words imparting the singular number shall include the plural and vice versa.

• 2.1) This Agreement 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 from that date, subject to the provisions of Clauses 7 and 12.
• 2.2) Following the end of the initial Term, the Term of this Agreement may be renewed for further periods either monthly or yearly (which shall thereafter be defined as part of the Term).

• 3.1) The Service Provider shall provide the Hosting Services to the Client in accordance with the provisions of Clause 6 and Schedule 1 and in accordance with the required Service Levels set out in Clause 7.
• 3.2) The Service Provider shall provide the Client with such information and advice in connection with the Hosting Services and the provision thereof as the Client may, from time to time, reasonably require both before and during the provision of the Hosting Services.
• 3.3) The Service Provider shall use reasonable endeavours to keep the Client 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, the Service Provider shall promptly take steps to comply with any such requirements. These steps shall not otherwise alter this Agreement in any way.

• 4.1) The Client shall provide the Service Provider with such information in connection with the Hosting Services and the provision thereof as the Service Provider may, from time to time, reasonably require both before and during the provision of the Hosting Services.
• 4.2) The Client shall comply with any and all terms and conditions which the Service Provider may apply to the Hosting Services.

• 5.1) The Client shall pay the Fees to the Service Provider on a monthly or yearly basis in accordance with the pricing structure of the Hosting Package as consideration for the Hosting Services provided by the Service Provider in accordance with the terms and conditions of this Agreement.
• 5.2) All payments required to be made pursuant to this Agreement by the Client shall be made at monthly or yearly intervals by PayPal to the Service Provider PayPal either subscription or non-subscription.
• 5.3) Where any payment pursuant to this Agreement is required to be made on a day which is not a Business Day, it may be made on the next following Business Day.

• 6.1) The Service Provider shall, throughout the term of this Agreement, provide the Hosting Services to the Client in accordance with the terms and conditions of this Agreement, the provisions of the Hosting Package and the Service Levels.
• 6.2) The Service Provider shall be responsible for ensuring that it complies with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the Hosting Services.
• 6.3) The Service Provider may alter, improve or otherwise modify the Hosting Package provided that any such change will not significantly alter the provision of the Hosting Services or result in the removal of any features or services that form part of the Hosting Package. The Client 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 Client.
• 6.4) The Service Provider shall use all due and proper care to ensure that the manner in which it provides the Hosting Services does not have any adverse effect on the name, reputation, image or business of the Client.

• 7.1) The Service Provider shall use reasonable endeavours to ensure an Uptime rate of 99%.
• 7.2) The Service Provider shall implement such organisational, technological and other measures as are reasonably required to ensure the Uptime rate set out in sub-Clause 7.1.
• 7.3) For the purposes of this Agreement, Downtime refers to one or more whole periods of 60 minutes commencing upon the submission by the Client of a Support Ticket informing the Service Provider of the non-availability of the Hosting Services.
• 7.4) The Service Provider shall issue a discount of one month without charge of the monthly or yearly Fees payable when the downtime exceeds 120 minutes from the time of the Client informing the Service Provider. Such discounts shall be applied to the Fee payment due immediately following the Downtime.
• 7.5) In the event that the Hosting Services are unavailable for a period exceeding 6 hours per month for 2 consecutive months, the Client shall have the right to cancel and will be issued a refund.
• 7.6) Sub-Clauses 7.4 and 7.5 shall not apply to any Downtime which results from any of the following:
• • 7.6.1) Scheduled Service Downtime;
  • 7.6.2) Failure of the Client’s own computer systems, network or software;
  • 7.6.3) Failure by the Client, its employees, subcontractors, agents or other similar third parties to comply with any reasonable instructions issued by the Service Provider;
  • 7.6.4) Breach by the Client of any terms or restrictions of the Hosting Package including, but not limited to, exceeding data storage or transfer limitations;
  • 7.6.5) Problems which are beyond the reasonable control of the Service Provider including, but not limited to, internet service provider failure and other matters arising under Clause 15.

• 8.1) The Service Provider may, from time to time, require Scheduled Service Downtime in order to perform maintenance and upgrades on its computer systems, network and infrastructure.
• 8.2) The Service Provider shall use 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.
• 8.3) The Service Provider shall notify the Client of Scheduled Service Downtime no later than 24 hours prior to the start of the same. Such notice shall include an outline summary of the work to be performed during, and the estimated duration of, the Scheduled Service Downtime.
• 8.4) Whenever possible, the Service Provider shall use reasonable endeavours to perform maintenance and upgrades without incurring any Scheduled Service Downtime.

• 9.1) The Service Provider shall appoint the Performance Monitor to ensure that the Hosting Services are provided in accordance with the Service Levels and the terms and conditions of this Agreement and in particular to deal with and respond accordingly to any and all Support Tickets informing the Service Provider of the non-availability of the Hosting Services.
• 9.2) 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.

• 10.1) 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 this Agreement and after its termination:
• • 10.1.1) keep confidential all Confidential Information;
  • 10.1.2) not disclose any Confidential Information to any other party;
  • 10.1.3) not use any Confidential Information for any purpose other than as contemplated by and subject to the terms and conditions of this Agreement;
  • 10.1.4) not make any copies of, record in any way or part with possession of any Confidential Information; and
  • 10.1.5) 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.
• 10.2) Either Party may:
• • 10.2.1) disclose any Confidential Information to:
  • • 10.2.1.1) any sub-contractor or supplier of that Party;
    • 10.2.1.2) any governmental or other authority or regulatory body; or
    • 10.2.1.3) 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 this Agreement, 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
  • 10.2.2) 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 this Agreement, or at any time after that date becomes, public knowledge through no fault of that Party, provided that in doing so that Party does not disclose any part of that Confidential Information which is not public knowledge.
• 10.3) The provisions of this Clause 10 shall continue in force in accordance with their terms, notwithstanding the termination of this Agreement for any reason.

• 11.1) The Service Provider will not acquire ownership of any Intellectual Property Rights subsisting in any material belonging to the Client which the Client may, from time to time, require the Service Provider to host or store in the course of providing the Hosting Services.
• 11.2) Notwithstanding sub-Clause 14.5, the Client agrees to fully indemnify the Service Provider against any and all costs, expenses, liabilities, losses, damages, claims and judgments that the Service Provider 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 Client’s 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.

• 12.1) The Client may terminate this Agreement at any time by giving to the Service Provider not less than 5 Business Days written notice before the next billing cycle.
• 12.2) The Client shall have the right to forthwith terminate this Agreement and receive a refund by giving written notice to the Service Provider in the event that the Service Provider fails to provide the Hosting Services in compliance with the Service Levels for the period set out in sub-Clause 7.5.
• 12.3) The Service Provider may terminate this Agreement by giving written notice to the Client if:
• • 12.3.1) any sum owing to Service Provider by the Client under any of the provisions of this Agreement is not paid within 5 Business Days of the due date for the payment cycle;
  • 12.3.2) the terms to this Agreement has been breached by the Client;
  • 12.3.3) the Client 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 the Service Provider Hosting Service;
  • 12.3.4) the Client is using their Hosting Services as a spam base for email;
  • 12.3.5) the Client is in breach of UK internet laws and regulations.
• 12.4) The right to terminate this Agreement 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.

Upon the termination of this Agreement for any reason:

• 13.1) any sum owing by either Party to the other Party under any of the provisions of this Agreement shall become immediately due and payable;
• 13.2) any rights or obligations to which any of the Parties to this Agreement 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;
• 13.3) 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 of this Agreement which existed at or before the date of termination;
• 13.4) 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;
• 13.4) the Service Provider shall forthwith remove any and all information belonging to and pertaining to the Client from its computer systems; and
• 13.4) 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.

• 14.1) Nothing in this Agreement 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.
• 14.2) Nothing in this Agreement shall limit the Service Provider’s 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).
• 14.3) 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 this Agreement.

Neither Party to this Agreement 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, 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.

The Service Provider will only use the Client’s personal information as set out in the Service Provider’s privacy policy available from the Service Provider legal page.

• 17.1) 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.
• 17.2) 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.
• 17.3) For the purposes of the Data Protection Legislation and for this Clause 17, the Client is the “Data Controller” and the Service Provider is the “Data Processor”.
• 17.4) The type(s) of personal data, the scope, nature and purpose of the processing, and the duration of the processing are set out in Schedule 2.
• 17.5) 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 this Agreement.
• 17.6) The Data Processor shall, with respect to any personal data processed by it in relation to its performance of any of its obligations under this Agreement:
• • 17.6.1) 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;
  • 17.6.2) 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. Measures to be taken are set out in Schedule 2;
  • 17.6.3) 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;
  • 17.6.4) 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:
  • • 17.6.4.1) The Data Controller and/or the Data Processor has/have provided suitable safeguards for the transfer of personal data;
    • 17.6.4.2) Affected data subjects have enforceable rights and effective legal remedies;
    • 17.6.4.3) 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
    • 17.6.4.4) The Data Processor complies with all reasonable instructions given in advance by the Data Controller with respect to the processing of the personal data;
  • 17.6.5) 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);
  • 17.6.6) Notify the Data Controller without undue delay of a personal data breach;
  • 17.6.7) 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 this Agreement unless it is required to retain any of the personal data by law; and
  • 17.6.8) 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.
• 17.7) 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:
• • 17.7.1) 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
  • 17.7.2) Ensure that the sub-contractor complies fully with its obligations under that agreement and the Data Protection Legislation.
• 17.8) 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 this Agreement.

• 18.1) The Service Provider has in place the security measures to protect its network and information systems set out in Schedule 3. The Service Provider hereby warrants that the information provided in Schedule 3 is accurate and up to date and that it shall inform the Client immediately of any changes made thereto.
• 18.2) The Service Provider shall notify the Client 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 Client. The Service Provider shall respond without undue delay to any and all queries or requests from the Client with respect to any such incident, irrespective of whether that incident has been discovered by the Client or the Service Provider, and at all times keeping in mind the extent of any reporting obligations applicable to the Client under the Network and Information Systems Regulations 2018 (the “NIS Regulations”) and any other statutory or regulatory time limits with which the Client is required to comply.
• 18.3) The Service Provider shall use reasonable endeavours to ensure business continuity for the Client at all times.
• 18.4) The Service Provider shall at all times co-operate fully with the Client 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.

• 19.1) This Agreement is 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.
• 19.2) Subject to the provisions of Clause 17, this Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing.
• 19.3) Each Party acknowledges that, in entering into this Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in this Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
• 19.4) No failure or delay by either Party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
• 19.4) 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 this Agreement.

The Parties agree that, in the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.

• 21.1) Nothing in this Agreement 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.
• 21.2) Subject to any express provisions to the contrary in this Agreement, the Service Provider shall have no right or authority to, and shall not do any act, enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on behalf of the Client or bind the Client in any way.

• 22.1) All notices under this Agreement 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.
• 22.2) Notices shall be deemed to have been duly given:
• • 22.2.1) 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.

• 23.1) This Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
• 23.2) Any dispute, controversy, proceedings or claim between the Parties relating to this Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

Hosting Package

View our Hosting Package comparison for our most up to date Hosting Package specifications including details including data storage, transfer limits and account settings.

Fees

Hosting Packages are setup on a recurring monthly or yearly subscription cycle. Hosting Packages are setup through PayPal subscription so the invoice amount you receive will be taken on the due date of each month automatically.

An invoice will be sent to your account email address no less than 3 days before each invoice is due. A subscription is not a contract and all Hosting Package subscriptions can be cancelled at any time (you are not bound to any contracts).

The most up to date costing for each Hosting Package can be found by navigating to our shared web hosting page on our website.

Data Processing

Service Provider’s Network And Information Security Systems