General Terms and Conditions

These terms and conditions establish a base agreement for our relationship with you and should be read in conjunction with our Acceptable Use Policy and the relevant terms for the Service or Package that you are purchasing from us.

IN REGISTERING FOR AN ACCOUNT, YOU AGREE TO THESE TERMS and warrant that you are at least 18 years old and legally capable of entering into a binding contract; or are acting on behalf of, and with the expression permission of a person or organisation, who is agreeing to be bound by these terms.

This is version 2019.1, published April 2019.  These terms may be updated at any time; please check back regularly for updates.

 

  1. Definitions

    1. “We/Us/Our”
      means Gybol Ltd, company number 12656081, having a registered office at Union House, 111 New Union Street, Coventry. CV1 2NT
    2. “You/Your”
      means the person or company purchasing our services or holding an account with us.
    3. “Service/Services”
      means the services provided by us, including free or promotional services and those grouped in a package.
    4. “Package”
      means a collection or combination of services.
    5. “Order”
      means your request to us, however specified, to provide You with a package or service.
    6. “Agreement”
      means the combination of these General Terms and Conditions, the Acceptable Use Policy and any relevant terms relating to the service or package purchased by you and provided by us.
    7. “Price/Prices”
      means the price for the package or service as set out at the time of purchase or as otherwise notified to you.

  2. Commencement, Duration and Renewal of Services

    1. Commencement

      1. When ordering a package or service as a consumer (not in the course of conducting business) The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 allows you to cancel the contract at any time within the first fourteen working days, beginning on the day after you receive written confirmation of our acceptance of the Order (the “cooling off period”).

        However, by placing an order, you agree that we can commence supply of that order immediately and before the fourteen working day cooling off period has expired.

      2. For the avoidance of doubt, use of any of our services for any business purpose shall give rise to you being a non-consumer and any provisions in this agreement that pertain to statutory consumer protections shall not apply.

    2. Duration and Renewal

      1. Unless specifically stated in the details of the service, any service paid for on a monthly basis is subject to a minimum contract period of two calendar months. Services paid for on a basis other than monthly shall be subject to a minimum contract term matching the duration for which payment has been made.
      2. Unless you have requested otherwise, following the end of any minimum contract period, We shall attempt to automatically renew your service for the same duration as was paid for at the commencement of that service or package. Subject to section 3, you may request cancellation of any service at any time.

  3. Cancellations and Refunds

    1. Cancellations

      1. When ordering a service as a consumer, as in paragraph 2.1.1, and following commencement by us of any service, you will no longer have the right to cancel the Agreement under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
      2. Unless specifically stated by us in the service or package details, or at the time of the order, we do not offer our services on a trial basis. It is your responsibility to ensure the service or services meet your needs and technical requirements before providing us with your order.
      3. You are entitled to cancel your service at any time by providing at least 2 working days’ notice but not less than 3 working days before the next payment date, or renewal date, for that service or package. We will provide written confirmation of your cancellation request and will not be deemed to have received and accepted your cancellation request until written confirmation has been issued.
      4. We reserve the right to cancel and/or suspend your service at any time and for any reason by providing you with at least 30 days written notice.
      5. We reserve the right to cancel and/or suspend your service at any time, and without notice, where you are deemed to be in breach of the Agreement, where requested by an appropriate Law Enforcement Agency or where requested by a suitable governing body or other agency.

    2. Refunds

      1. Payments for services are due in advance of the commencement or renewal of that service and, along with set-up fees (where applicable), are non-refundable.
      2. No refund shall be payable where you cancel your service, in accordance with paragraph 3.1.3.
      3. In the event that we cancel your service in accordance with paragraph 3.1.4, you will be entitled to a pro-rata refund based upon the remaining contract period of the cancelled service.
      4. No refund shall be given where we cancel your service for breach of the Agreement, or any reason as laid out in paragraph 3.1.5
      5. Credit notes can only be used for payment (or part payment) of our Services and are non-refundable.
      6. Pre-paid credits added to your account, by you, can only be refunded when the account is closed.
      7. Unused reseller funds can only be recovered when the account is closed.

  4. Payment and Chargebacks

    1. Payment

      1. Payment for all services and packages is due in advance and You agree to commit to the full length of the contract in accordance with paragraph 2.1.1.
      2. At the end of the contract period you will be invoiced automatically for the next period unless you have cancelled the service in accordance with section 3.1. We will automatically charge the payment to your payment method as held on your account. Where payment is unsuccessful the full amount will become due and payable in its entirety.
      3. You are required to keep your contact details, including your email address, credit/debit card or PayPal account, up to date and accurate at all times. Failure to maintain valid details will result in immediate suspension of your account.
      4. We reserve the right to change the price or composition of any service or package at any time by giving You at least seven days written notice. Where a service is subject to a fixed term, the price increase shall only take effect at the end of that term.
      5. All payments must be made in UK Sterling, inclusive of applicable taxes.
      6. Payments made by PayPal are subject to PayPal’s Terms and Conditions of Service and we make no warranties or representations with respect to those payment services.
      7. No invoices are sent by regular mail. All invoices are sent by us to you via email to the email address you have provided to us and which you agree to keep valid and up to date.
      8. In making a payment, you warrant that you are authorised to make payments using the payment card or payment method you disclose to us and that both you and the named card holder accept this Agreement and are jointly responsible for making all payments.
      9. Where any payment is past due, We reserve the right to suspend all services and packages until payment is received in full and all outstanding debt is settled. A fee of £25 may be charged for administration rising as a result of late payment or service suspension.
      10. Where payment remains outstanding, we reserve the right to cancel your service. This does not relieve you from this Agreement or from your contractual obligations and other outstanding payments.
      11. Any unused credit notes on your account will be taken in payment of your service. Where the value of the credit note is less than the total due, the remainder of the balance will be taken using the payment method on your account.
      12. Prices quoted in currencies other than UK Sterling (GBP) are based on daily conversion rates and are subject to change or fluctuation at any time and are for guidance only. All payments, including initial charges and recurring charges, are taken in GBP and the exact conversation rate shall be subject to the prevailing rate of your card issuer or payment provider.

    2. Chargebacks

      1. Where you withdraw a payment via a bank, credit card, PayPal or other provider, We will either defend the chargeback directly with the payment provider or will take appropriate steps to recover the original monies from you along with an administration charge of £25 for each inappropriate chargeback.
      2. Where a chargeback is completed, We reserve the right to suspend or cancel all services on your account. Suspension or cancellation does not relieve you of your obligations under this Agreement including any further invoices or payments that are due. Restoration of the service will be subject to full payment of all outstanding charges, plus an administration charge of £25.

  5. Service Use

    1. We reserve the right to refuse an account or to provide services to anyone at any time and without reason.
    2. We make no warranties or representations that any service shall be delivered uninterrupted or error-free. You accept that all services are provided “as-is” without any warranty of any kind.
    3. We reserve the right to move your data internally within our network, without prior notice.
    4. Content stored on our servers must not breach our Acceptable Use Policy and we reserve the right to remove content from the service or suspend the service where we suspect the content is in breach of our Acceptable Use Policy.
    5. You shall indemnify us again any damages, losses and expenses arising as a result of any action or claim that your data, content or other material breaches Our Acceptable Use Policy.
    6. We shall notify you via email where we are notified of any suspected breach of our Acceptable Use Policy.
    7. Refusal of service based on a breach of Our Acceptable Use Policy is entirely at our discretion.

  6. Maintenance and Support

    1. To guarantee performance and support, it is necessary for us to perform routine maintenance which may affect the services We provide, including temporary suspension of those services. We will endeavour whenever possible to perform such maintenance during off-peak hours. We will provide advance notice of any maintenance by publishing notices on our Support Website.
    2. We endeavour to provide a continuously high level of service. If You experience problems with Your service, You should consult our Support Website for additional information or resolution steps, or contact us for additional support.
    3. For maintenance or repair of any services we supply to you, it may be necessary to temporarily suspend your service for short periods. No refunds or reductions in price shall be payable as a result of these temporary suspensions.
    4. We reserve the right to improve, correct or otherwise change all or any part of the service providing that such modification does not materially affect provision of the service. We will where reasonably practical, provide you with notice of such modifications.

  7. Reselling Services

    1. You may not resell or offer any of our services to any third party, unless specifically authorised by us to do so as part of a reseller account.
    2. Where you choose to resell, give-away or otherwise provide the service to a third party, you undertake to do so at your own risk and agree to ensure that all end users abide by these terms of service, a copy of which you must provide to any and all end users.
    3. We accept no liability to You or any third party for losses associated with You providing our services to any third party, whether authorised or not.
    4. We reserve the right to suspend or cancel any account or access to management facilities if use of any service should have a negative effect on the performance or security of our network or the platform on which We are providing the service.

  8. Data, Storage, and Usage

    1. All data created or stored on our infrastructure remains your property. Access to your data shall be limited to authorised employees only. We shall at no point assert any claim of ownership on any such data.
    2. We take backups of data on our servers and infrastructure for the purposes or archiving and business continuity.
      1. In the event of loss or damage to your data as a result of Your actions or someone acting on your behalf, you shall have no access to our backups or archives.
      2. In the event of loss or damage to Your data as a result of our actions or a failure of our infrastructure, We will make all reasonable effort to assist you in the restoration of your data but make no guarantees or warranties to the success of any restoration.
      3. You accept all responsibility for ensuring you have full and adequate backups of all your data.
    3. You shall indemnify us against all losses, damages and expenses arising as a result of any action or claim regarding the content of your data or any data stored or published by you which infringes the intellectual property rights of a third party.
    4. We limit data uploads from scripted languages (such as, but not limited to, PHP or ASP.NET) to 30MB per file and reserve the right to change that limit at any time and without prior notice.
    5. In the event that you exceed any service storage limit such as web [disk] space or database storage space, any additional space used, above the specified limit for the service, shall be charged at the current Price.

  9. Security and Passwords

    1. It is the account holder’s responsibility to keep any service or account passwords confidential and to change those passwords on a regular basis. We are not responsible for any data loss or security issues due to stolen credentials or credentials that have been intentionally or accidentally disclosed to any third party.
    2. You accept full responsibility for any purchases or modifications to services and/or your account made by you or by third parties using your credentials.

  10. Your personal information

    1. You warrant that the contact information provided to us at the time of Your account creation is correct and accurate and you accept that it is your responsibility to ensure that the information is up to date at all times.
    2. You agree that we may suspend access to your account and services if we reasonably believe that the information you have provided is inaccurate.
    3. We will use your email address for billing, account administration, and, support purposes. We may also use your contact details for marketing purposes where you have subscribed to such communications, in line with GDPR regulations.
    4. We will not pass your contact details on to any third party or individual without your permission except where required to do so by law or where necessary to do so in order to provide you with a specific service (e.g., domain registrations). For details on how we collect and use your personal information please read our Privacy Policy.

  11. Threatening or abusive behaviour

    1. We aim to promote a fair and safe work environment for our employees, contractors and partners and operate a zero tolerance policy for abusive or threatening behaviour towards our staff.
    2. We reserve the right to suspend or cancel, without notice, any account where you or someone acting on your behalf exhibits any behaviour which we deem to be abusive, threatening or unnecessary. Such behaviour includes any form of inappropriate, intimidating or explicit behaviour, personal abuse (based on age, gender, race, sexuality, disability etc.) and language generally falling into the category of 'foul and abusive', including swearing.

  12. Disclaimers and Warranties

    1. We make no warranties or representations that any service shall be delivered uninterrupted or error-free. You accept that all services are provided “as-is” without any warranty of any kind.
    2. In general, we do not backup your data/website and cannot guarantee to be able to replace lost data in the unlikely event of a hardware failure or other corruption of such data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions however so caused.
    3. So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the services to be provided here under to the fullest extent permitted by law
    4. For the avoidance of doubt, any use of our services in the course of conducting business shall give rise to you being a non-consumer and the provisions of the Agreement that relate to consumers shall not apply.

  13. Liability

    1. We shall not be liable for any loss or damage of any nature, suffered by you as a result of or in connection with any breach of the Agreement by you or by any act, misrepresentation, error or omission made by you or anyone acting on your behalf.
    2. We shall not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill however caused, and suffered by you; or for any management time or failure to make anticipated savings; or liability you incur to any third party arising in connection with this Agreement or otherwise, whether or not such loss has been discussed by the parties pre-contract, or for any account for profit, costs or expenses from such damage or loss.
    3. Regardless of how many claims are made and whatever the basis of such claims, Our maximum aggregate liability to you under or in connection with this Agreement and in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions of this Agreement) where such claim arises in contract or tort, shall not exceed a sum equal to the fees paid by you for the services in relation to your claim and for the 12 month period prior to such claim.
    4. No clause in this Agreement shall apply so as to restrict liability for death or personal injury resulting from any negligence on our part, our employees or sub-contractors.
    5. We shall not be liable for any disruptions to any service or outage caused directly or indirectly by the following:
      1. interruptions to the flow of data to or from the internet;
      2. changes, updates or repairs to the network, servers, other equipment, or software which is used to provide the service;
      3. factors outside of our control;
      4. your actions or omissions (including, without limitation, breach of your obligations as per this Agreement) or those of third parties;
      5. problems with your equipment and/or third-party equipment;
      6. interruptions to the Service as requested by you.

  14. Force Majeure

    1. We shall not be responsible for any failure to provide any services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving our workforce (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control. Where any such force majeure event extends for a period in excess of thirty days, we may immediately and without notice, terminate the Agreement and shall have no liability.

  15. Notice

    1. You agree that any notice or communication required or permitted to be delivered under the Agreement by us to you shall be deemed to have been given if delivered by e-mail, in accordance with the contact information you have provided

  16. No Waiver

    1. The failure by us to require your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken to be a waiver of the provision itself.

  17. Jurisdiction and Fees

    1. Except as otherwise expressed in the Domain Dispute Policy, your rights and obligations under this Agreement shall be governed by English law and You agree to submit to the exclusive jurisdiction of the English and Welsh Courts.
    2. These terms, along with all other policies and documents that make up the Agreement shall be executed in the English language. Where any translation is provided it is done so for convenience purposes only. Where any conflict should arise between the English and translated version, where permitted by law, the English version will control and prevail.
    3. If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.

  18. Assignment and Survival

    1. We may assign or otherwise transfer this agreement at any time.
    2. You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without our prior written consent. However, in the event that we consent to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
    3. The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable notwithstanding termination of the Agreement for any reason. However, neither party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms, but each party shall be liable for any damage from any breach by it of this Agreement.
    4. If any provision of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of the Agreement which shall remain valid and enforceable. We will amend or replace such provision with one that is valid and enforceable, and which achieves, to the extent possible, the original objectives and intent as reflected in the original provision.

  19. Entire Agreement and Amendments

    1. This Agreement, as laid out in paragraph 1.6, contains the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals (written or oral) between us in relation to such matters.
    2. No oral explanation or oral information given by any party shall alter the interpretation of the Agreement. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly through this Agreement.
    3. We may update or amend any part of the Agreement including any technical specification relating to the Services and/or package, the Acceptable Use Policy, Privacy Policy and, any information relating to the Services/Package to comply with law or to meet our changing business requirements. We will give you prior notice of any changes to the Agreement and you can choose to cancel the services without penalty before the new terms affect you. Publication of the modified terms and conditions shall be deemed to be notice to you. You also agree to review the terms and conditions regularly to ensure you are aware of any modifications.

  20. Miscellaneous

    1. Headings contained within the Agreement are for convenience only and shall not affect the construction or interpretation of the Agreement.
    2. We reserve all copyright and any other intellectual property rights which may subsist in the provision of any service. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
    3. This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
    4. If any party consists of more than one entity, their obligations here under are joint and several.
    5. The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.
    6. Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
Terms and Policies