Terms and Conditions

General terms

Section 1
The parties

1.1.“We”, “us”, and “our” means 79DESIGN Limited, a company registered in England and Wales with company number 07007090.

1.2.“You” and “your” means the person who has ordered services from us or, if you ordered on behalf of a company or other entity for which you are authorised to do so, that company or other entity.

1.3.Our registered office address is Unit 11, Broadgate House, Spalding, Lincolnshire PE11 2AF.

1.4.Our “web site” is https://www.79DESIGN.org.uk

Section 2
Definitions

2.1. “Business Days” means Monday to Friday excluding any bank holidays or other national holidays in England.

2.2.“Cancelling” an order means asking us not to give effect to an order you have placed, before we have made that service available to you.

2.3.“Suspending” a service means that we stop your service from working, but keep it in a state from which we can resume it quickly. Suspension does not affect your obligations under this agreement, and does not terminate this agreement.

2.4.”Terminating” a service means that we stop supplying your service completely and terminate this agreement in respect of those services. At this point you are no longer liable for further ongoing charges, but must still pay any outstanding invoices.

2.10.Any reference to a “day” means a period of 24 hours. For example, a period of two days from now means two periods of 24 hours from now.

Section 3
Our agreement with you

3.1.If you order services from us, your order, and your use of our services, is subject to these terms.

3.2.These terms apply to the exclusion of any terms you supply us, or which accompany or are referenced in or linked from any purchase order or communication you send us. They supersede all previous negotiations, understandings and representations. If you do not agree to this, you do not have authority to access our services or systems.

3.3.This agreement is governed by English law.

3.4.Any provision of this agreement which refers to a charge or fee which we may levy on you confers an obligation on you to pay those charges or fees.

Section 4
Duration

4.1.This agreement lasts for the duration of your Service period, unless either party terminates it sooner. See clause 13 in respect of renewal.

4.2.Clause 14 sets out your cancellation rights if you are a consumer, and clause 15 sets out your termination rights.

Section 5
Your general obligations

5.1.You must:

5.1.1.comply with our reasonable instructions, guidelines and directions about the use of the services;

5.1.2.co-operate with us in all matters relating to the services, and do so in a timely manner;

5.1.3.provide any information required by us accurately, comprehensively, in good faith, and in a timely manner;

5.1.4.keep your account credentials secret, and secure your network and equipment as you consider appropriate to the risks facing you. If you become aware of a compromise, you must immediately change your account password(s) and other security devices and notify us;

5.1.5.behave at all times in a polite and professional manner towards us and our staff;

5.1.6.maintain such backups, disaster recovery plans, and resiliency plans, as are appropriate to your situation;

5.1.7.comply with all applicable law; and

5.1.8.ensure that your users (and anyone else who may use the services) comply with all the obligations under this agreement which are imposed on you (except for obligations to pay). You are liable to us for their breach or non-compliance.

5.2.You warrant that you have the full power and authority to enter into this agreement.

5.3.You agree that any breach of this clause 5 is a material breach of this agreement.

Section 6
Dates and times are estimates

6.1.Any date or time we communicate to you in respect of the services, including as to installation or activation, is an estimate.

Section 7
Service access, suspension, and maintenance

7.1.While we will use our reasonable efforts to maintain and operate the services, we make no promises that they will always be available or functioning, nor that they will be fault-free.

7.2.We may restrict or suspend all or part of the services if, in our reasonable opinion, you fail to comply with your obligations under this agreement, or if we consider it is necessary to do so:

7.2.1.to stop or mitigate any security or integrity incident, threat or vulnerability, or problem or attack affecting our network, equipment, or services (including any network, equipment, or services provided to another customer);

7.2.2.because we reasonably suspect that you cannot, or are not required to, pay your invoices;

7.2.3.to deal with behaviour which, in our reasonable opinion, amounts to misuse of the services; or

7.2.4.to comply with a legal obligation.

7.3.You accept that, from time to time, the services may be unavailable to you, while we carry out maintenance activity. We will try to keep any disruption to a minimum.

Section 8
Service level agreement (SLA)

8.1.Some of our services have specific service levels. If applicable to your service plan, the service level is as set out on our website.

8.2.If our website states that a service level has a user agreement or user requirement — for example, a statement of what you must do, or must not do — to be eligible for the service level, you must adhere to this agreement or requirement. If you do not do so, the service level does not apply.

8.3.Provided that you have complied with clause 8.2, if we fail to meet our stated service level, you are eligible to receive account points – these are, in effect, virtual tokens which you can use as a discount on future purchases you make. They can be used only for this purpose, and cannot be converted into cash or any other payment to you. Account points are your sole remedy in respect of a breach of a service level.

8.4.The number of account points is as set out on our website.

8.5.You must follow the procedure set out on our website to claim your account points, and you must do so within the stated time period. If you fail to do so, you lose your eligibility for the account points.

8.6.If a service does not have a specific service level, we will use reasonable efforts to remedy things which go wrong, where we are responsible for them.

Section 9
Technical support

9.1.You must notify our support team promptly of any fault or suspected fault with your services. If you can, please contact us by email. Posting on social media does not constitute notice.

9.2.Unless agreed otherwise, we will provide you with technical support during the hours set out on our website. Our support covers the services which we have sold to you. We do not provide technical support in respect of any software which you install on our services.

9.3.You must promptly provide all reasonable assistance to our staff when they are attempting to diagnose or fix problems.

Section 10
Data Protection

Interpretation

10.1.References in this clause 10 to a Regulation are to regulation 2016/679/EC, also known as the “GDPR”, for as long as the GDPR applies to our Processing of Personal Data. If the GDPR ceases to apply to our Processing of Personal data, references to a Regulation are to the Applied GDPR. References to the “Applied GDPR” are to the GDPR as amended by the UK’s Data Protection Act 2018.

10.2.References to an Article are to an Article of the Regulation and capitalised terms in this clause 10 have the meaning defined by the Regulation unless otherwise defined in the Agreement.

10.3.“Data Protection Laws and Regulations” means all applicable data protection and privacy legislation including the Regulation and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (in each case, as amended, updated or re-enacted from time to time). In the event of any inconsistency between the Data Protection Laws and Regulations, the strictest provision shall prevail.

Applicability

10.4.If, in respect of any Personal Data set out in Schedule 1 or otherwise agreed between us, you are a Controller, and we Process the Personal Data as your Processor, this clause 10 and the provisions of Schedule 1 shall apply in respect of such Processing.

10.5.Schedule 1 sets out the subject-matter and duration of the Processing, the nature and purpose of the Processing, the type of Personal Data and categories of Data Subjects. You must notify us promptly if you become aware that the information in Schedule 1 is incomplete or inaccurate, and you must provide with that notification the necessary updated information.

Your obligations

10.6.You must, for the duration of the Processing, comply with your obligations under Data Protection Laws and Regulations. Without limiting the generality of this, you must, in particular:

10.6.1.have a lawful basis for the Processing, and ensure that you are entitled to provide the Personal Data to us for Processing, and you must notify us promptly if either of these ceases to be true;

10.6.2. notify your Data Subjects of the Processing, to the standard required by Data Protection Laws and Regulations;

10.6.3.ensure that all Personal Data you provide to us shall be accurate and up to date, and you must make promptly any amendments necessary to ensure that the Personal Data remain accurate and up to date.

Our obligations

10.7.We will:

10.7.1.Process Personal Data in accordance with all applicable Data Protection Laws and Regulations;

10.7.2.Process the Personal Data within either or both the UK and the European Economic Area and only on documented instructions from you, including with regard to transfers of Personal Data to a third country or an international organisation;

10.7.3.unless prohibited by law, notify you before Processing the Personal Data, if we are required to act other than in accordance with your instructions by:

10.7.3.1.if the GDPR applies to the Processing, any law of the European Union or the law of one of the Member States of the European Union; and

10.7.3.2. if the Applied GDPR applies to the Processing, any law in the United Kingdom.

10.7.4.obtain your prior written authorisation before engaging another Processor (a “Sub-processor”) and we will respect the conditions referred to in paragraphs 2 and 4 of Article 28 for any such engagement. We will be liable for the acts and omissions of our Sub-processors, and we will ensure that the Sub-processor contract (as it relates to the Processing of Personal Data) is on terms which are substantially the same as, and in any case no less onerous than, the terms set out in this clause 10. You hereby authorise us to appoint as Sub-processors those companies listed as sub-processors in Schedule 1.

10.7.5.treat the Personal Data as your confidential Information;

10.7.6.take all measures required pursuant to Article 32;

10.7.7.taking into account the nature of the Processing, assist you by appropriate technical and organisational measures, insofar as this is reasonably possible, for the fulfilment of your obligation to respond to requests for exercising the Data Subject’s rights laid down in Chapter III of the Regulation;

10.7.8.provide reasonable assistance to you, at your cost, on your written request, in ensuring compliance with your obligations pursuant to Articles 32 to 36, taking into account the nature of Processing and the information available to us;

10.7.9.at your choice, delete or return all the Personal Data to you after the end of the provision of the services relating to the Processing, and delete existing copies. If we make available to you tools which enable you to download your Personal Data, we will only be required to assist where those tools are unable to meet your reasonable needs. We are not required to delete Personal Data if we are required to continue store those Personal Data by:

10.7.9.1.if the GDPR applies to the Processing, any law of the European Union or the law of one of the Member States of the European Union; and

10.7.9.2.1if the Applied GDPR applies to the Processing, any law in the United Kingdom.

10.7.10.at your cost, allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you. Any audit or inspection shall be carried out on reasonable notice and avoid causing damage, injury or disruption to our premises, equipment, personnel or business;

10.7.11.at your cost, provide reasonable assistance to you with any data impact assessments; and

10.7.12.in the event of a Personal Data Breach notify you without undue delay.

Transfer of Personal Data outside the EEA

10.8.We will not transfer (within the meaning of Chapter V of the Regulation) Personal Data to recipients (including Sub-processors) in jurisdictions outside of the European Economic Area unless you provide your written consent.

Section 11
Pricing

11.1. Our prices non-inclusive of as we are not Vatable, unless otherwise stated.

11.2. We’re only human and, sometimes, we make mistakes. We are not bound by any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information, and we can correct any error without any liability.

11.3.Clauses 36.2 to 36.3 apply in respect of domain names.

Section 12
Payments and invoicing

12.1.You must pay for our services in advance. You also agree to pay any other sums due under this agreement.

12.2.You agree not to cancel, reverse, revoke, or do anything similar to, any payment you make to us. If any payment you make is cancelled, reversed, revoked, or similar, that payment shall be deemed as having never been made to us.

Section 13
Service plan expiry and renewal

13.1.Your service plan, and this agreement, expire automatically at the end of the service period.

13.2.Clauses 13.3 to 13.9 set out how you can renew your service plan for another service period. We are not obliged to accept any request or instruction from you for renewal.

13.3.If you contact us within 90 days of the expiry of your service period, we may permit you to renew your service plan, provided that you pay us in full in respect of all missed service periods. (For example, if your service plan expires at the end of January, and you do not renew it immediately or automatically, and you contact us at the beginning of April, we may agree to renew your service plan provided that you pay us at that point for February, March, and April.)

Auto-renewal

13.4.By default, your service plan is set to renew automatically. This means that, on expiry of your service period, this agreement will renew for another service period, equivalent in length to the just-expired service period.

13.5.You can disable auto-renewal at any time before your service period expires.

13.6.If you want your service plan to renew automatically, you must meet any conditions which we set out from time to time.

13.7.If you store a credit or debit card with us and have allocated that card to your service plan, we will attempt to charge that card to renew your service plan automatically. You are responsible for ensuring that the card details are valid and up to date, and you must have the permission of the card holder to store the card with us and for us to charge it.

Manual renewal

13.8.If you do not set your service plan to renew automatically, we will try to send you renewal reminders before the expiry of your current service period.

13.9.If you want to renew your service plan for another service period, without any loss of service, we must receive your payment for the renewed service period on or before the expiry of your current service period. Otherwise, this agreement, and your service plan, will expire, and the services will no longer be available.

Section 14
Cancellation: money-back guarantee

14.1.We offer a no-quibble cancellation / money-back guarantee in respect of our hosting services.

14.2.If you wish to cancel this agreement under this guarantee, you must email accounts@79DESIGN.com, and we must receive your email within 30 days of the date on which you make your first payment to us in respect of the relevant services.

14.3.This guarantee does not apply to domain name purchases since these are, by their nature, performed irrevocably as soon as the domain name is registered.

Section 15
Terminating this agreement

15.1.You can terminate this agreement at any time on notice to us. We do not give refunds in respect of domain name registration but, if you a terminating this agreement in respect of a hosting service, we will issue you with a pro rata refund reflecting the remaining part of your service period if you contact us to request it.

15.2.If we commit a material breach of this agreement, and you have notified us of this and we have not remedied that breach within 10 Business Days, you may terminate this agreement by notifying us. If you terminate this agreement in accordance with this clause 15.1, we will issue you with a pro rata refund reflecting the remaining part of your service period.

15.3.We may terminate this agreement immediately by notifying you if:

15.3.1.we are entitled to do so under this agreement; or

15.3.2.you commit a material breach of an obligation under this agreement.

15.4.We may terminate this agreement and/or any services at any time and for any reason by giving you 30 days’ notice of such termination. If we choose to terminate under this clause 15.4, we will issue you with a pro rata refund reflecting the remaining part of your service period in respect of the services which we have terminated.

15.5.Cancellation, termination or expiration of this agreement or any services shall not affect any rights, obligations or liabilities of either party that have accrued before termination or that are intended to continue to have effect beyond termination or expiration.

Section 16
Varying this agreement

16.1.If we intend to vary this agreement, and we want those variations to take effect during the current service period, we will give you reasonable notice of the variation, and we will tell you when the variation will take effect. Circumstances in which we might need to vary this agreement include:

16.1.1.changes in the law or regulatory or other official guidance;

16.1.2.changes to the services we offer; and

16.1.3.changes to the prices we must pay to our suppliers or the services which we obtain from our suppliers.

16.2.If we intend to vary this agreement as it would apply to any renewed service period, we will give you reasonable notice of the variation. The variations will take effect automatically on the next renewal of your service period. If you do not agree to the variation, you must terminate this agreement before your service period renews (e.g. by disabling automatic renewal and not manually renewing the service plan).

Section 17
Indemnities

17.1.Where, in this agreement, we say that you will indemnify us from something, it means that you agree to fully indemnify and keep us fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including legal fees) whatsoever incurred by us and arising from that thing.

17.2.You will indemnify us from:

17.2.1.your breach of this agreement, non-compliance with the terms of this agreement (other than in respect of payment) by your users, and your negligence, or other act, omission or default;

17.2.2.the operation or break down of any equipment or software owned or used by you;

17.2.3.any claim brought against us by any third party alleging that its intellectual property rights are infringed by the use by your use of the services; and

17.2.4.your use or misuse of the services.

17.3.In clauses 17.2.1 – 17.2.4, references to “you” and “your” include your users, and anyone else who makes use of the services.

Section 18
Limits on liability

18.1.If you are not a consumer, and unless we have said differently elsewhere in this agreement, all conditions, warranties or terms which might have effect between you and us, or be implied or incorporated into this agreement (whether by statute, common law or otherwise) are excluded to the extent permitted by law, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.

18.2.Neither party limits or excludes its liability to the other for personal injury or death caused by its negligence, for fraud or fraudulent misrepresentation, or for any matter for which, at law, a party cannot limit or exclude its liability.

18.3.You do not limit or exclude your liability for any indemnities in this agreement, or for sums due under it.

18.4.Our total liability to you under or in connection with this agreement, is a “money back guarantee”, meaning the lesser of:

18.4.1.a pro-rata sum of the price you paid for the service(s) to which the claim relates, for the period in which we were in breach of this agreement; and

18.4.2.the amount you paid for those services for the service period in which you notified us of the circumstances giving rise to the claim.

18.5.Subject to clauses 18.1 – 18.3, neither party shall be liable to the other for special, indirect, or consequential losses, nor for the following types of loss, whether direct, indirect, special or consequential, in each case however caused:

18.5.1.financial loss (other than in respect of sums due from you to us under this agreement), including loss of profits, earnings, business, goodwill, business interruption;

18.5.2.expected or incidental losses; loss of expected savings; loss of sales; failure to reduce bad debt; reduction in the value of an asset; and

18.5.3.loss of, or corruption to, data.

18.6.You agree that the limits of liability in this agreement are fair and reasonable.

Section 19
Events outside reasonable control

19.1.Neither party will be liable to the other for any delay or failure in the performance of that party’s obligations caused by events outside that party’s reasonable control, but only if that party promptly notifies the other of the circumstances of the event. This clause 19.1 does not apply to your obligation to pay any sums due under this agreement.

19.2.We may notify you by email, or by posting an update on our web site.

19.3.If the event persists for 30 days or more, the party not affected by the event may give notice to the other to terminate this agreement with effect from a date specified in the notice without penalty or other liability (except for any liability on your part to pay any sums due under this agreement).

Section 20
Notices

20.1.Any notice (except for the service of court proceedings) shall be sent to the other party by any of the following methods:

20.1.1.by email to the receiving party’s nominated email address for service. In our case, this is the “General Enquiries” email address on our contact page on our web site. In your case, this is the email address which you have provided to us for sending invoices; or

20.1.2.by a signed-for postal service which provides proof of delivery.

20.2.If you want to change your email address for receipt of notices, you must do so via the “control panel” interface which we make available to you.

20.3.Both parties consider that notice has been given:

20.3.1.in the case of email, for us notifying you, one clear day after the time at which we sent the email;

20.3.2.in the case of email, for you notifying us, one clear day after you receive confirmation from us that we received such notification; and

20.3.3.in the case of signed-for post, two Business Days, or for international mail, five Business Days after posting.

20.4.Notice for the service of court proceedings shall be by a signed-for postal service which provides proof of delivery, or by courier, and such notice shall be addressed:

20.4.1.to us, addressed to the Managing Director, and sent to our registered office address; and

20.4.2.to you, to the most recent address which we have on file for you or, where no such address exists, to an address which we reasonably believe is linked with you. We may instead serve you by email, if we are not reasonably able to serve notice to you by post or courier.

20.5.You must obtain and retain proof of sending of any notice, and you must provide this proof of sending to us promptly on request.

Section 21
Dispute resolution procedure

21.1.Each party shall deal with any disputes or claims arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims) as follows:

21.1.1.the issue in dispute shall be referred for discussion to, in your case, the main account holder, and in our case, a director.

21.2.Subject to clause 21.4, if, after exhausting the procedure set out in clause 21.1, the dispute is still not resolved, you, or we, may bring a claim before the courts of England. Each party agrees to the exclusive jurisdiction of the courts of England in respect of any claim, dispute or matter arising out of or in connection (including non-contractual claims) with this agreement. If you are a consumer, you may instead bring a claim before the courts of the part of the United Kingdom in which you reside.

21.3.Neither party is permitted to bring any claim more than one year after the date on which the cause of action for that claim accrued.

21.4.Clauses 21.1 and 21.2 do not affect our, or your, ability to seek an injunction, or other appropriate interim relief, from the courts of England (or, if you are a consumer, from the part of the United Kingdom (or, if you do not live in the United Kingdom, the country) in which you reside). Either party may do this without exhausting the dispute resolution procedure.

21.5.Each party shall bear its own costs for this dispute resolution procedure, up to the involvement of the courts. Costs related to the involvement of the courts shall be at the court’s discretion.

21.6.You agree that the allocation of risk in this clause 21 is fair and reasonable having regard to all the circumstances.

Section 22
Miscellaneous terms

22.1.We welcome feedback, comments and suggestions. You grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable licence under any and all intellectual property rights that you own or control to do whatever we want with your feedback, comments and suggestions.

22.2.A person who is not a party to this agreement has no rights under this agreement. This includes any users or customers you may have.

22.3.If any part of this agreement is found to be invalid or unenforceable by any court, this shall not affect the other provisions of this agreement and those provisions shall remain in full force and effect.

22.4.If a party fails to exercise a right or remedy, this failure shall not prevent that party from exercising that right or remedy subsequently for that or any other incident.

22.5.A waiver of any breach or provision of this agreement shall only be effective if made by email or in other writing.

22.6.We may assign, transfer, charge, sub-contract or deal in any other manner with any of our rights or obligations under this agreement. You may not do these things without our prior written consent.

22.7.Nothing in this agreement establishes any partnership, joint venture, or agency. You shall not hold yourself out as being an agent, partner, representative or otherwise being entitled to bind us.

Web Hosting and Email Services

Section 23
Applicability

23.1.Clauses 24 to 34 apply where your service plan includes either or both web hosting services and email services

Section 24
Resource allocation and performance

24.1.We will allocate you with server resources in accordance with your service plan.

24.2.We monitor the performance of our servers, and try to deal with reductions in operating performance within a reasonable time. In respect of hosting services using shared resources, you acknowledge that an occasional reduction in operating performance of the services is a natural part of the services. This is outside of our control and accordingly we are not liable for these reductions.

Section 25
Your licence to us

25.1.You hereby grant us, in respect of all content which you upload or have uploaded to our services in which you own, or have the right to license, the intellectual property rights, a non-exclusive, royalty-free licence to do all such things as we need to do to perform our obligations and make full use of our rights under this agreement.

25.2.You must procure that any third party who owns any rights in respect of content which you, they, or any third party uploads to our servers, grant to us a licence on the same terms as the licence set out in clause 25.1.

Section 26
Your responsibilities

26.1.If we permit you to install software or scripts, or provide you with a facility for the installation of software or scripts, you are responsible for, and are liable for, all aspects of these, including security, configuration, and suitability for your purpose. We try to be helpful, but we are not required to provide technical support in respect of software or scripts which you have installed.

26.2.You are responsible for the content which you or your users store on or transmit through the hosting service. You must ensure that your use, and your users’ use, of our services, and any content stored on or transmitted through our services, is lawful. In particular, you must not, and you must ensure that your users do not, upload any content which infringes any rights of any third party (including intellectual property and data protection rights). You indemnify us from any breach.

Section 27
Email services

27.1.We provide email services as part of our web hosting services.

27.2.We do not guarantee that any email you send will be received.

27.3.We do not guarantee that you will receive all email sent to you.

27.4.The nature of email means that the operator of the recipient’s mailserver controls whether or not they wish to accept any email you send through our email service. We do not control this.

27.5.You must comply with any rules we set out in respect of our email services. In particular, you must not send spam, or permit your email account to be used as an open relay.

Section 28
Backup services

28.1.If your service plan includes backup services, we will use reasonable efforts to back up your data, as set out in your service plan.

28.2.You must not use our backup service as your sole backup service.

28.3.We draw your attention specifically to clause 18.5.3 of this agreement, which applies in respect of any backup services.

Section 29
Server access

29.1.You cannot, and may not, physically access any server we use to provide the hosting service, nor visit or access the data centre.

Section 30
Acceptable use policy

30.1.In addition to your general obligation to comply with all applicable laws (in clause 5.1.7), you must not, and must not permit any third party to:

30.1.1.use any hardware or software on our network to circumvent user authentication of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account that you are not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation’s security policy, statute or otherwise.

30.1.2.attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.

30.1.3.attempt to or compile, distribute or otherwise transmit any electronic communications using a name and address other than your own for the purposes of deception or to conceal their identity for any unlawful purpose. Any attempt to impersonate another party by altering a source IP address information or by forging headers or similar information is prohibited.

30.1.4.permit any such tool or scripting that allows shell access to our servers or services provided under this agreement without our express written permission.

30.1.5.implement any tool that allows or may allow anonymous use of our services as a web proxy.

30.1.6.implement any such tool that allows any IRC (Internet Relay Chat) functionality, which includes but is not limited to IRC bouncers, bots and servers.

30.1.7.use our services to host any content which is prohibited under English law, or to host any content in a manner which is not permitted by English law.

30.1.8.intentionally host or transmit files containing a computer virus or corrupted data.

Section 31
Monitoring and takedown

31.1.We do not proactively monitor the content which you upload to our web hosting or email services.

31.2.We may terminate, suspend, or restrict your account, or disable or remove your content, if we are required to do so by law, if we could be liable for your usage if we did not do so, or if you do not comply with your obligations under this agreement. We are not liable to you if we do this.

31.3.We are not required to notify you in advance if we remove your account or content in accordance with this clause 31.

Section 32
Storage capacity

32.1.We will notify you if you exceed the storage capacity permitted by your service plan. We may, but are not required to, temporarily upgrade your service plan to a service plan which covers the storage capacity you are using. If we do this during a service period, we will not charge you for this.

32.2.If, at the point of service renewal, you exceed the storage capacity permitted by your service plan, we will automatically upgrade you to the closest service plan which we offer which affords the storage capacity which you are using, and your renewal will be for that upgraded service plan and will be charged the price of that upgraded service plan.

Section 33
Bandwidth, memory and CPU utilisation

33.1.If your service plan does not impose a specific limit or quota in respect of bandwidth, memory, or CPU utilisation, we may suspend or restrict your service or impose a limit or quota if your usage causes a significant adverse impact on our network or services.

Section 34
Deletion on termination

34.1.You can delete your content at any time. We will retain your content for 90 days following termination of this agreement. After this time we will delete it. If you want to retain any content, you must download it before termination takes effect.

Domain registration

Section 35
Domain registration: Applicability

35.1.Clauses 36 to 40 apply to our domain registration services.

Section 36
Registration

36.1.When we register a domain on your behalf, we act as your agent, so you are asking us to register the domain in your own name. We offer a separate optional service, by which we place our details in the WHOIS records for your domain.

36.2.Different domain names have different prices. When you ask us to register a domain for you, we will ask the relevant registrar to tell us the price for the domain name, but sometimes the information a registrar gives us is incorrect. When you place an order for a domain name and make payment to us, this is a request from to us, to ask us to attempt to register that domain name with the registrar.

36.3.If we are unable to register the domain name for you, or if the price for the domain name is different to the price which we have communicated to you, we will tell you, and offer to return the money you have paid to us in respect of that domain name. You agree that we have no liability to you, beyond returning the payment you made to us. In particular, but without limiting the scope of the previous sentence, you cannot, and will not attempt to, compel us to register the domain for you, or bear the difference between the price we communicated to you and the price actually sought by the registrar.

36.4.Once we have registered the domain for you, you cannot amend it. It is your responsibility to ensure that you tell us the domain and other details correctly when you order it.

Section 37
Holding page

37.1.If you are not using a domain to point to your own web pages or for redirection set up by you, you agree that we may show a holding page of our choosing in response to queries made to that domain.

Section 38
Your responsibilities

38.1.You agree that you will not ask us to attempt to register a domain for you if:

38.1.1.that domain infringes the rights of any third party; or

38.1.2.the registration is, or would be, prohibited by ICANN, or any relevant registrar, registry, or other third party’s terms or policies.

38.2.You agree that you will not use the domain in connection with any service which infringes the rights of any third party, or which is otherwise unlawful or illegal.

38.3.We do not proactively monitor use to which you put your domain.

38.4.We may remove DNS records, or terminate, suspend, or restrict your account, or your domain, if we are required to do so by law, if we could be liable for your usage if we did not do so, or if you do not comply with your obligations under this agreement. We are not liable to you if we do this.

38.5.We are not required to notify you in advance if we take any steps in accordance with clause 38.4.

38.6.On, or shortly after, the domain registration’s renewal, you must check that renewal has completed correctly, and you must notify us if it has not.

Section 39
Registrant information

39.1.You agree that, if you provide us with information in respect of your operation of or purchase of a domain name:

39.1.1.this information is complete and accurate, and that you will update any information promptly upon becoming aware that it is not, or is no longer, complete and accurate; and

39.1.2.we may provide this information on your behalf to the relevant registrar, and that that registrar may make that information available — including publicly available — in accordance with its, or the relevant registry’s — terms or policies.

Section 40
Registry terms

40.1.You must accept and comply with the terms of the domain name registrar applicable for the purchased domain name.

40.2.We draw your attention to ICANN’s “Registrant Rights and Responsibilities” document.

Schedule 1
Data processing information

Subject matter and duration of the Processing of your Personal Data

Subject matter: Personal Data which you, or your users or customers, upload to or send via our services.

Duration: the duration of your service period.

The nature and purpose of the Processing of your Personal Data

To provide our services to you, and, if your Service plan is a Reseller plan, to enable you to provide your services to your customers.

The types of Personal Data to be Processed

As determined by you or your users or customers.

The categories of Data Subject to whom the Personal Data relates

As determined by you or your users or customers.

Sub-Processors

None.