In these Terms and Conditions, references to ‘we’, ‘us’ and ‘our’ are to Make Hay Ethical E-Media Ltd of registered company address 910 Woodborough Road, Mapperley, Nottingham, NG3 5QR
Unless you are an individual who is asking us to host a website for an unincorporated business of which you are the sole proprietor (when ‘you’ means just that - the person who accepts these terms and conditions,) then when we refer to ‘you’ we mean the organisation you represent. In those cases, the person accepting these terms and conditions will be a partner, owner or employee of the organisation, and confirms that he or she has the authority to bind the organisation.
You are placing an order with us for the hosting of the website referred to in your order (‘Website’). We can only host websites subject to these Terms and Conditions, and so by accepting these, you are agreeing that they will apply to your order and – if we accept your order – that they will form the terms of a contract between you and us.
In these Terms and Conditions, you won't find complicated legal terms or large passages of unreadable text. We have no desire to trick you into agreeing something that you might later regret – we simply want what's best for the safety of both parties, now and in the future. However, although the language in this document is simple, the intentions are serious, and these Terms and Conditions are a legal document which will bind both parties, so if there is anything you don’t understand or are unsure about, please discuss it with us before accepting them.
Your Website will be hosted on a Green Hosting server provided to us by a third party Hosting Provider. The hosting servers and data centres are powered by renewable electricity.
We will set up your Green Hosting account. Before it is set up, it is your responsibility to ensure that your Website is compatible with our servers. It is also your responsibility to make sure that you have uncorrupted copies of your Website files and e-mails (for back-up purposes) before terminating your arrangements with your current hosting provider.
It will be your responsibility to upload your website to the Green Hosting server and to manage your ongoing use of the service. It will also be your responsibility to set up a system to retrieve emails which have been sent or received via your hosting account.
If we agree to provide any upgrades or additional features for your Green Hosting account, if you exceed the bandwidth or disk space allowances included within your Hosting package, or if you require help any other support or training, then we'll be happy to help (see: http://www.green-hosting.co.uk/get-support) and will charge you for this at our then current hourly rate or price for a specific item. However, please note that we are unable to provide support or training in relation to third party software – eg Microsoft products.
Attempting to undermine or cause harm to our Green Hosting servers, or any of our customers, is strictly prohibited. This includes, but is not limited to:
If we – in our sole discretion – determine that you have been involved in any of these prohibited activities, we shall be entitled to suspend and/or terminate your hosting arrangements without notice, which means that you will have no access to your Website or any emails relating to that domain.
We cannot guarantee that access to your Website and/or e-mails will be uninterrupted because there are many matters which are outside of our control, including the actions of our third party Hosting Provider. However, we will promptly investigate with the third party Hosting Provider any report indicating that your Website or our Green Hosting service as a whole is inaccessible. We will then work with our third party Hosting Provider with a view to them finding a solution within 4 hours of being notified.
We shall not be liable to you for loss of your website, e-mails or other data stored at your Green Hosting account where that loss of caused by any Act of God, insurrection or civil disorder, war or military operations, inclement weather, failure or shortage of power supplies, food drought, lightning or fire, national or local emergency, acts or omissions of government or any government authority, compliance with any statutory obligation, industrial disputes of any kind, the acts or omissions of other telecommunications operators or any cause beyond the Supplier’s reasonable control.
We will not be liable for any loss or damage sustained or incurred by you or any third party (including, without limitation, any loss of use of any software or equipment, or loss of or spoiling of any data, or the results of processing any data) resulting from any defect, deficiency or error in any equipment or software belonging to us or our Third Party Hosting Provider.
Subject to point number 9 in this document we will not be liable to you for loss of turnover, sales, revenue, profits, loss of business, loss of anticipated savings, loss of opportunity, loss of contracts, loss or spoiling of data or any indirect or consequential loss, whether arising from negligence, breach of contract or in any other way, and whether or not of a kind foreseeable by us or our Third Party Hosting Provider.
Either of us may cancel your hosting arrangements at any time upon notice in writing. If you cancel, you will not be entitled to a refund of any pre-paid hosting. If we cancel – other than due to your breach of these Terms and Conditions – then we will refund you (or if you owe us money, credit your account,) with an appropriate proportion of any pre-paid hosting fees after the date our notice of termination expires.
It is your responsibility to register and maintain an appropriate domain name for your business. If you wish us register or renew your chosen domain name on your behalf, then you must ensure that we are in receipt of clear written instructions, and the necessary funds to do so. However, we cannot promise that it will be available by the time registration is attempted. Neither can we promise that it will not result in confusion with any other business or website. That is a matter for you.
In the case of renewals, if the instructions and funds are not received at least 14 days before the renewal date, we will not be responsible if we are unable to renew the domain name in time and it expires, goes into redemption or is bought by someone else.
We both agree to take all reasonable steps to protect your information including maintaining up-to-date anti-virus and other protection systems intended to protect the integrity of your data. However, as such systems are not perfect; we cannot guarantee that any files we provide or maintain will either be or remain uncorrupted and free of malicious code.
In addition to the above, it is your responsibility to ensure that user names and passwords used in relation to the Website, hosting and any e-mail accounts are kept confidential and are changed regularly to avoid inadvertent disclosure. You must also make back-up copies of all your Website files on an appropriately regular basis.
For our part, we will not, without your consent, disclose or use (other than for creating, arranging and maintaining your hosting,) any of your information which we understand to be commercially sensitive or in respect of which you own the copyright.
The Green Hosting server will create daily back ups of all hosting accounts kept on our server. However, these are for our use only you should make arrangements to take your own frequent back ups and store them outside of your Green Hosting account and not on our Green Hosting server.
We will not be liable to you for any loss arising out of any failure by you to keep full and up-to-date backups of the computer software and data it uses; your failure to comply with any technical prerequisites specified from time to time by the licensor of any software or the manufacturer of any equipment.
Our charges for Green Hosting are as set out on our website and are payable either monthly or annually in advance, in Sterling, according to the option you select when placing your order. Please note, however, that we reserve the right to vary our charges by giving you not less than one month’s notice to you in writing prior to a renewal date.
We will only set up your Hosting account once your initial fee has been received in cleared funds, and if any subsequent payment is not received by the due date, we shall be entitled (without penalty) to remove your Website from our server space entirely – meaning that it will not be accessible for either you or others to view or modify it. In this latter situation, we shall not be responsible for maintaining any data which you may have uploaded, and will accept no responsibility for any resulting loss or corruption of it.
If we were to somehow cause death or personal injury because of our negligence, our liability for that would be unlimited. In all other respects, however, our total liability to you will not exceed the payments which we have actually received from you under in respect of the hosting of the Website involved during the twelve months prior to the date of your claim.
We both agree that these Terms and Conditions are to be interpreted under English Law under the jurisdiction of the English Courts. If any provision of it is determined unlawful, void, or for any reason unenforceable, the remaining parts shall be unaffected, and the problematic provision will be replaced with an alternative which achieves the originally intended effect.
You cannot assume that we have decided not to enforce a right we have under these Terms and Conditions unless we tell you so in writing. Further, if on any occasion we do choose not to enforce a particular right, that won’t prevent us from enforcing either that same or other rights in the future.
If you have any questions, please contact us.