Hosting Terms & Conditions
JB1 CONSULTANCY Service – Terms and Conditions
You indicate acceptance of these terms and conditions of service by placing an order with JB1 CONSULTANCY.
1. DEFINITIONS
In this Agreement the following words and expressions shall have the following meanings:
1.1 “downtime” means any service interruption in the availability to visitors of the Website;
1.2 “intellectual property rights” means patents, trademarks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
1.3 “JB1 CONSULTANCY” is a trading name of James Barron with a legal entity of Sole Trader
1.4 “ISP” stands for internet service provider;
1.5 “Server” means the computer server equipment operated by JB1 CONSULTANCY in connection with the provision of the Services;
1.6 “The Services” means web hosting, domain name registration, email and any other services or facilities provided by JB1 CONSULTANCY.
1.7 “Spam” means sending unsolicited and/or bulk emails;
1.8 “Virus” means a computer programme that copies itself or is copied to any storage media, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer program commonly referred to as “Malware”, “Worms“, Ransomware or “Trojan horses“;
1.9 “Visitor” means a third party who has accessed the Website;
1.10 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.11 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
2. INTRODUCTION
2.1 The Customer wishes to provide JB1 CONSULTANCY with data that will be hosted on JB1 CONSULTANCY’s servers and made accessible via the Internet.
2.2 JB1 CONSULTANCY provides Services, Websites and Applications and has agreed to host the Customer’s data upon the following terms and conditions:
3. DUTIES
3.1 JB1 CONSULTANCY shall provide to the Customer the services specified in their order subject to the following terms and conditions.
3.2 The Customer shall deliver to JB1 CONSULTANCY software used which is owned by the Customer, or licensed to him by a third party or JB1 CONSULTANCY (“the Customer Software”), in a format specified by JB1 CONSULTANCY.
4. CHARGES AND PAYMENT
4.1 Payment methods are BACS Payments only.
4.2 JB1 CONSULTANCY does not accept cheques, postal orders, or any other form of payment other than those outlined in 4.1
4.3 The Charges are not subject to VAT as JB1 CONSULTANCY is not VAT Registered at this time.
4.4 JB1 CONSULTANCY shall be entitled to charge £40 plus interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
4.5 JB1 CONSULTANCY do not provide credit facilities.
4.6 From time to time JB1 CONSULTANCY may make enquiries on the Customers Company, proprietor or directors of the Customers Company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
4.7 Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.
4.8 All services will renew until cancelled by the customer, it is the customer’s responsibility to cancel services 30 days before the renewal date.
5. SOFTWARE LICENCE AND RIGHTS
5.1 For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in JB1 CONSULTANCY’s Software.
5.2 In relation to JB1 CONSULTANCY’s obligations under this Agreement in connection with the provision of the Services, the Customer grants to JB1 CONSULTANCY a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website (“the Content”). 5.3 For the avoidance of doubt, this Agreement does not transfer or grant to JB1 CONSULTANCY any right, title, interest or intellectual property rights in the Customer Software or the Content.
5.4 The Customer undertakes that they will not him/herself or through any third party, sell, lease, license or sublicense JB1 CONSULTANCY Software.
5.5 JB1 CONSULTANCY may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back-up copies of the Content.
5.6 Upon termination or expiration of this Agreement, JB1 CONSULTANCY shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
6. SERVICE LEVELS AND DATA BACKUP
6.1 JB1 CONSULTANCY shall use its reasonable endeavours to make Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, JB1 CONSULTANCY makes no warranties or representations that the Service will be uninterrupted or error-free and JB1 CONSULTANCY shall not, in any event, be liable for interruptions of Service or downtime of any Services.
6.2 JB1 CONSULTANCY carries out occasional data backups for use by JB1 CONSULTANCY only in the event of systems failure. JB1 CONSULTANCY does not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly JB1 CONSULTANCY accepts no responsibility for data loss or corruption. It is the customer’s sole responsibility to ensure they have a secure backup of any and all data.
7. ACCEPTABLE USE POLICY
7.1 The Website/email provided by JB1 CONSULTANCY and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation.
In particular the Customer agrees not to:
7.2 use the Services or the website in any way to send unsolicited commercial email or “spam”, or any similar abuse of the Services;
7.3 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
7.4 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed), via the Services or on the Website;
7.5 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
7.6 engage in illegal or unlawful activities through the Services or via the Website;
7.7 make available or upload files to the Website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data;
7.8 or obtain or attempt to obtain access, through whatever means, to areas of JB1 CONSULTANCY’s network or the Services which are identified as restricted or confidential.
7.9 Operate or attempt to operate IRC bots or other permanent server processes;
7.10 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, JB1 CONSULTANCY is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services;
If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 7 JB1 CONSULTANCY shall be entitled to withdraw the Services and terminate the Customer’s account without notice.
8. ALTERATIONS AND UPDATES
8.1 Should the Customer will be issued with a user name and password in order to access a Website or Service. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform JB1 CONSULTANCY and the password will be changed.
9. WARRANTIES
9.1 The Customer warrants and represents to JB1 CONSULTANCY that JB1 CONSULTANCY’s use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to JB1 CONSULTANCY as set out in Clause 5
9.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, JB1 CONSULTANCY shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
10. INDEMNITY
10.1 The Customer agrees to indemnify and hold JB1 CONSULTANCY and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against JB1 CONSULTANCY arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Service, Website or Application.
11. LIMITATION OF LIABILITY
11.1 Nothing in these terms and conditions shall exclude or limit JB1 CONSULTANCY’s liability for death or personal injury resulting from JB1 CONSULTANCY’s negligence or that of its employees, agents or subcontractors.
11.2 The entire liability of JB1 CONSULTANCY to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
11.3 In no event shall JB1 CONSULTANCY be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or JB1 CONSULTANCY had been made aware of the possibility of the Customer incurring such a loss.
12. TERM AND TERMINATION
12.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
12.2 JB1 CONSULTANCY shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
12.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
12.4 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
12.5 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
12.6 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
12.7 the other party ceases to carry on its business or substantially the whole of its business; or
12.8 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
12.9 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
12.10 On termination all data held in the customer’s account will be deleted.
13. ASSIGNMENT
13.1 JB1 CONSULTANCY may assign or otherwise transfer this Agreement at any time.
13.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without JB1 CONSULTANCY’s prior written consent.
14. FORCE MAJEURE
14.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
15. SEVERANCE
15.1 If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid, illegal or unenforceable provision eliminated.
16. NOTICES
16.1 Any notice to be given by either party to the other may be sent by either email or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.
17. ENTIRE AGREEMENT
17.1 This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
18. GOVERNING LAW AND JURISDICTION
18.1 This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
19. PRIVACY
19.1 To protect your privacy JB1 CONSULTANCY will not distribute data or contact details to third parties, unless required to do so by law.
20. SERVICE USAGE
20.1 Email accounts include a certain amount of data, if you exceed this amount your account will be deactivated until you have upgraded to an account that has more data transfer included.
20.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
20.3 Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the Website or Service as a file/backup repository. Customers are expected to employ good housekeeping when maintaining their accounts.
21. CONTACT DETAILS
21.1 It is the customer’s responsibility to maintain current contact details between themselves & JB1 CONSULTANCY.
21.2 In the event that JB1 CONSULTANCY cannot contact the customer via the given contact details JB1 CONSULTANCY reserves the right to close the Website or Service down, disable access and delete any files on its systems.