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This page details the terms and conditions on which we supply our domain name and web hosting services ["services"] described on our website sitello.com to you.
Please read through these terms and conditions carefully and print a copy for future reference before ordering any of our domain name or web hosting services. You should understand that by ordering any of our services, you agree to be bound by these terms and conditions.
sitello.com is a web site operated by Stephen Boot, trading under the name "Sitello" ["we", "us" and "our"]. For more information about our company, please view the company information page.
By ordering our services either through our web site or contacting us directly, you warrant that:
you are legally capable of entering into binding contracts; and
you are at least 18 years of age.
If you are acting on behalf of a business in which you are employed, or any other business, you additionally warrant that you personally have the authority to enter that business into a binding contract with us.
To order a service or services from us, you must provide us with the following details:
the billing contact name and address of the person or entity who will be responsible for payment of the requested service or services; and
the contact name, address and telephone number of the person or entity who will be responsible for dealing with requisitions of services supplied by us.
You warrant that you will immediately inform us of any changes to the requested information from section 4a.
If we discover that we cannot contact you using the details you supplied us in section 4a, we reserve the right to immediately suspend the services we supply to you.
Upon suspension of your services, after 30 days of non-payment and not informing us of alternative details set out in section 4a, we reserve the right to terminate the services we supply to you and may take further legal action to recover any costs incurred.
We will invoice you by email within 14 days of your order. However, you also have the option of receiving paper invoices by post. To receive invoices via post, please contact us.
Paper invoices by post will incur a fee of £1.50 per invoice.
Duplicates of your invoices can be sent via email, free-of-charge. Paper copies by post will incur a fee of £1.50 per copy.
Payment for non-HostPay account items can be arranged by contacting us after receipt of your first invoice; either by
bill payment; or
standing order; or
cheque made payable to "Mr Stephen Boot"; or
Paypal to “email@example.com”.
Your order constitutes an offer to us, to buy our services and that you agree to these Terms & Conditions.
After placing your order, we will send you a Confirmation Notice either by post, or by email if this is preferred.
The Confirmation Notice will let you know if your service or services have been successfully set up, and that we have accepted your order.
In the event that we cannot accept your order, we will contact you to let you know the reason.
We may recommend or link to third-party web sites, products or services either on our web site, verbally, by email or by post. These recommendations are purely our opinion. We do not warrant that the web sites, products or services offered by these links or recommendations will be of satisfactory quality for you, and we DISCLAIM any such warranties completely. This DISCLAIMER does not affect your statutory rights against these third-party companies.
We cannot be held liable for the content of third-party web sites or for the products and services they may offer. Additionally, we cannot be held liable for any damage or loss of earnings as a result of downloading data from third-party web sites.
We ask that you use a common-sense approach and take appropriate precautions, such as using a good virus scanner, spam, phishing and adult content filter if you choose to follow such recommendations or links.
If you are buying as an individual consumer (i.e. not within the capacity of a business), ordinarily, the Consumer Protection (Distance Selling) Regulations 2000 allow you to cancel the contract within 7 working days, beginning on the day after you receive the Confirmation Notice detailed in section 5. However, by placing your order for the services, you agree that we can start supplying the requested service or services before the end of the aforementioned 7 working day cancellation period. In effect, you will not have the right to cancel the contract under the Consumer Protection (Distance Selling) Regulations 2000.
This provision does not otherwise affect your statutory rights.
We publish a partial price list on our web site, which may change without notice from time-to-time.
Prices we quote on our web site are to be used as a guide only, and are correct except in the case of an obvious error. Final correct prices will be quoted on your order and shown on your invoice.
The total cost chargeable will be shown either on our quote to you either by post or email, or online via our Shopping Basket.
Recurring payments for any specific service or services are liable to change from time-to-time in the event of changes in inflation or market competition. In this case, we will notify you 30 days in advance of any change.
Full, cleared payment is due within the period of 30 calendar days of invoice unless otherwise stated on the invoice.
If you knowingly cannot complete full payment to us within the payment period in section 8e, you must notify us before that period has expired. Failure to notify us may result in the suspension or termination of all services we provide to you at our discretion.
We will seek to recover costs outstanding by other means, including legal action, due to any cancelled standing orders if you do not arrange an alternative payment method before the payment period expires.
Hosting services will continue indefinitely until you notify us in writing that you wish to cancel them. They will be billed periodically in advance in accordance with any agreement we make with you when you place your order. You must notify us of your intention to cancel these services at least 7 days prior to the expiry of the latest period for which you have been charged.
We warrant that any service you purchase from us is provided with reasonable care and skill, subject to these Terms & Conditions.
We will not be held liable for any breach of the warranty in clause 9a unless written notice is given via email to the relevant email address concerning the breach and that we are given reasonable time to investigate the breach.
For account and payment issues, please email firstname.lastname@example.org; or
for technical and quality of service issues, please either use the HostPay ticket system or email email@example.com.
We will not be held liable for any breach of the warranty in clause 9a if:
a problem arises due to your failure to follow and/or carry out oral or written instructions regarding the use of your services; or
you alter the services without our written consent; or
the problem arises due to your misuse of the service.
Subject to being liable in section 9b and 9c, we will use all effort necessary in our capacity to remedy the breach, at our expense.
During the time needed to apply the necessary effort to remedy any breach, as stated in clause 9d, we cannot warrant that your use of the service or services we provide to you will be uninterrupted or produce any errors.
From time-to-time we may carry out maintenance and/or upgrades to your service with the intention of improving or adding to the quality of service you receive. This may involve a short service down-time, which will be in either of the following circumstances:
for upgrades we will arrange a short down-time to occur out of business hours, usually around midnight; and/or
for maintenance due to avoidance of foreseen problems we will also endeavour to keep this to a reasonably short period of time out of business hours, usually around midnight; and/or
for maintenance due to malicious use or unforeseen problems, we will endeavour to remedy these as soon as reasonable possible.
You acknowledge that you have not relied upon any statement given by or on our behalf that is not stated on our web site or confirmed in writing by us. Nothing in these Terms & Conditions will exclude you by law from any breach you make under fraudulent misrepresentation.
As part of the hosting service or services you purchase from us, we will make reasonable effort to ensure these services are available to you 99.99% of each calendar month.
We will endeavour to notify you in advance about any planned maintenance resulting in downtime either on our support page using your login, or by email.
Credits cannot be given due to any downtime.
You are responsible for provisioning your own internet access to our hosting services.
In most cases, we will provide you with your own control panel, which is intended for you to manage your service features yourself over the internet.
If we cannot provide access to your own control panel, or your control panel is unavailable for any reason, we will be responsible for any changes you wish to make to your service features in a reasonable period of time.
If your control panel is available and you do not wish to use it, please contact us with your requirements and we will be willing to carry out these actions for you upon agreement of the quoted fee incurred at our "standard hourly rate".
You will have no right, title or interest in any internet protocol address ["IP address"] allocated to you. Your IP address will not be transferable or portable by you at any point whatsoever.
If an IP address is re-allocated by us or our service provider, we will make reasonable effort to avoid disruption to you.
It will be your responsibility to ensure you create frequent backups of all your data, including all data stored and recorded on our hosting servers.
In the event of loss, corruption or damage to your data, we cannot give you access to our backups, unless you have requested an appropriate backup solution purchased from us.
It will be your sole responsibility to ensure that all sensitive data, including passwords, are encrypted and stored in accordance with the Data Protection Act (DPA) 1998. We will not be held liable by any disclosure of your sensitive data and/or breach of the Data Protection Act (DPA) 1998 that may occur.
All our standard hosting packages come with an "Unlimited" web space allowance, subject to the following:
your data is shown or used in the process of generating your web site, and accessible via web pages; and
you do not use your hosting service mainly as a backup or repository of your data; and
you comply with our Acceptable Use Policy.
All our standard hosting packages come with an "Unlimited" bandwidth. However, due to the speed of the servers and/or your internet connection, you may experience a limit on the speed at which bandwidth can be used up. Therefore you acknowledge that although we do not put a limit on your bandwidth, the amount used may intrinsically be limited by the speed of the servers and/or internet access speeds.
Each of your hosting packages only allows you 5% usage of the server's processor capacity. If you exceed this and/or your usage causes a detrimental effect on other customers, we will contact you about reviewing your hosting requirements.
Email boxes that have not been accessed for 100 days will be automatically deleted from your hosting account.
We shall be entitled to suspend or terminate your services if you are found to be in breach of any of the Terms & Conditions and Acceptable Use Policy.
We will support you with any hosting-related problems you may experience. Please use the HostPay ticket system or email firstname.lastname@example.org with your enquiry and a descriptive subject line.
Support services are usually manned within our business opening hours. However, if we deem your problem urgent, we may at our discretion provide support out of our business opening hours.
We will never ask you to disclose any password our systems have generated, or we have given to you. If you forget a password, it shall be reset and a new one sent to you.
We cannot provide programming support as part of our domain or hosting services unless we agree a separate contract with you.
Where you have provisioned a domain name from us:
we will endeavour to procure the requested domain name registration for you;
we will not be held liable in the event that the relevant domain name registry refuses or suspends registration for that domain name;
we will not be acting on behalf of you in any dealings with the domain name registries relating to your domain names;
the domain name registration you request and its use are subject to the relevant domain name registry's terms & conditions of use, which you should obtain and consider;
you are responsible for ensuring compliance of the terms & conditions of use mentioned in clause 15a,iv before requesting a domain name registration;
the requested domain name will only be deemed successfully registered to you once you appear on the appropriate "WHOIS" database of the top level domain name (TLD) registrar;
we have absolute discretion to require that you select an alternative domain name to your requested domain name, or retract our domain name registration service to you if we deem your choice of domain name is in bad faith, in breach of our Terms & Conditions, or any other legal requirements; and
you confirm you are the owner of any trademark that appears in any domain name you request us to register.
You confirm that you are the legal owner of any domain name you use as an entry point to a web site that we host for you.
Domain name registration will need to be renewed periodically to ensure you remain the owner. We will send you an invoice for the renewal of a domain name 30 days in advance of the expiry date. You hereby declare that you authorise us to renew your domain name automatically unless you cancel the renewal in writing at least 7 days before your renewal payment period has expired.
You or your licensor retain all intellectual property rights in all data of which contains, or has the ability to generate intellectual property.
You grant us a worldwide, non-exclusive, royalty-free licence to use, store and maintain your data and intellectual property on servers we use to publish your web site data on the internet for your hosting service purposes.
You warrant that your data does not infringe on the intellectual property rights of any third-party and that you have the authority to grant us the licence mentioned in clause 16b.
You accept and acknowledge that we make internal backups of your data to fulfil the service quality requirements set out in section 9.
You will defend, indemnify and hold us innocent against claims, actions, proceedings, losses, damages, expenses and costs arising out of or in connection with your use of the service or services we provide that your data or its contents infringe the intellectual property rights of a third-party.
If you download any software we own, we grant you a non-exclusive, non-transferable, royalty-free licence to use that software for the purpose set out on our web site. Such licence will end upon cancellation, suspension or termination of the hosting service or services we provide to you.
Any third-party software you download from our site will be supplied upon agreement of the terms set notified upon download or installation of such software.
We own all intellectual property and its rights of the hosting services we provide to you. You must not attempt to decompile, disassemble or reverse-engineer any hosting or web site services or software.
We do not monitor or have any liability for any data you allow to be transmitted to or from our servers.
Due to the internet being by nature a public entity, we shall not be liable for any protection or security of data transferred through our or our partner's networks.
We cannot warrant that our services are free from viruses, spam, phishing, hacking attempts or unauthorised entities.
You shall be entirely responsible for the secure transmission of data through our network and servers in accordance with the Data Protection Act (DPA) 1998 and any additional notices published thereunder.
We do not limit or exclude our liability:
for death or personal injury cause by our negligence;
under section 2(3) of the Consumer Protection Act 1987;
for fraud or fraudulent misrepresentation; or
for any matter of which it would be illegal for us to exclude, or attempt to exclude our liability.
We will not be liable for the following types of losses, directly or indirectly as a result of our negligence:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings or profits;
loss of goodwill;
loss of software or data;
Subject to clauses 17e and 17f, our maximum aggregate liability will in no way exceed 110% of the price you have paid to us for the services during the 12 months preceding the event giving rise to the liability in question. Due to such circumstances, you are advised to insure your business against interruption as a result of this.
In addition to the terms set out under section 6, a third-party's individual liability will be set out under their Terms & Conditions. If no Terms & Conditions can be obtained from the third-party, you shall be responsible for your own actions and assume no liability for any event that occurs as a result of using or their service or services, and/or purchasing a product or products provided by the third-party in question except where set out under common law. This does not affect your statutory rights.
If you have cancelled any of your services, we will immediately and permanently delete all data we hold against that specific cancelled service. Due to this, we strongly recommend you take backups of all your data prior to cancelling any service.
Any web hosting accounts that we manage for you that have been suspended (i.e. due to non-payment and/or misuse) will have all data deleted within 50 days, unless we re-enable them.
Discounts or Special Offers may have additional Terms & Conditions. You will be made aware of these either before or upon ordering them.
Some laws require that certain communications with you must be in writing. Therefore you consent to us sending you the information that the law requires us to do so, even if you have stated that you do not wish to receive messages in this way for any other purpose. This does not affect your statutory rights.
Neither you nor we have the intention that any term of the contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
The contract is binding on you and us and on our successors and assigns.
You may not assign, transfer, charge, terminate or otherwise dispose of the contract, or any of your rights or obligations arising under it without our prior written consent.
We have the authority to transfer, assign, charge, subcontract, otherwise dispose of the contract or any of our rights or obligations arising under it, at any time during the term of the contract.
We will not be liable or responsible for any failure to perform any of our obligations under the contract that is caused by any of the following:
a Force Majeure (or "Act of God") event, act, omission or accident beyond our reasonable control; or
misuse, alteration, corruption or interference caused by you or any third-party on our business and its systems (including virus and hacker attacks); or
strikes, lock-outs or other industrial action; or
civil commotion, riot, invasion, threat of or actual terrorist attack, declared or actual war or preparation for war; or
fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; or
limitations or terminations of the public or private telecommunications networks; or
the acts, decrees, legislation, regulations or restrictions imposed by any government.
Our performance and/or operations under the contract will be deemed suspended for the period that the Force Majeure continues, and additional time necessary to repair, resolve or restore normal or alternative service or services to you.
If any of the terms in these Terms & Conditions are deemed unlawful, invalid or unenforceable by any competent authority, such term, condition or provision shall be immediately severed from the rest of the Terms & Conditions; of which the remaining Terms & Conditions will remain valid.
The entire agreement consists of this document and all documents expressly referred therein.
The agreement supersedes any previous versions of the agreement between you and us.
In entering into the contract, both you and we acknowledge that no other undertaking, contract or obligations have taken place prior to entering into the agreement, unless stated in these Terms & Conditions.
Neither you nor we shall have any remedy in respect of false or untrue statements prior to the date of any contract made (unless fraudulently made) and the other party's remedy shall only be that for breach of contract as stated in these Terms & Conditions.
Changes in market conditions, applicable laws, technology, payment methods and the scope and performance of our services may force us to make changes from time-to-time. Therefore you acknowledge our right to amend and revise these Terms & Conditions.
You will be subject to the Terms & Conditions in force at the time of ordering a service or services from us unless any governmental authority requires us to change any part of these Terms & Conditions. In such cases, these changes will also be applicable to orders previously made by you. We will send you a notification of such changes and require you to read and agree to them, unless you contact us within 7 days of receipt by you of the notification.
No variation or amendments of these Terms & Conditions shall be deemed valid or accepted unless in writing and agreed by both you and us.
Unless specifically stated otherwise elsewhere in these terms and conditions, either you or we shall be entitled to terminate this contract by giving thirty (30) days' notice in writing to the other.
Either you or we shall be entitled to terminate this contract forthwith by written notice to the other if:
an encumbrancer or receiver takes possession or a receiver is appointed over any of the property or assets of you or us; or
either you or we make any voluntary arrangements with its creditors or becomes subject to an administration order; or
(being a company) either you or we go into liquidation (except for the purposes of an amalgamation, re-construction or other re-organisation and in such manner as the company resulting therefrom effectively agrees to be bound by or to assume the obligations imposed on either you or us and is capable of fulfilling those obligations); or
(being an individual or firm) either you or we become bankrupt; or
either you or we cease or threaten to cease to carry on business; or
either you or we commit any continuing or material breach of any provision of this contract and in the case of such breach fail to commence within 2 days to attempt to remedy or thereafter fail to remedy the same within 7 days (or such longer period as the other party may specify) after receipt of a written notice giving full particulars of the breach and requiring it to be remedied.
The rights to terminate this contract shall be without prejudice to any other right or remedy of either you or us in respect of the breach concerned (if any) or any other breach or other cause of action accrued at the date of termination.
Neither you nor we shall have a claim against the other by virtue of the early termination of this contract, except as provided herein.
Contracts for services shall be governed by English law. Any dispute arising from or related to such contract will be subject to the exclusive jurisdiction of the courts of England and Wales.
English is the language offered for conclusion of the contract between you and us.
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