Host - Terms and Conditions

Your use of this service is subject to the terms and conditions displayed on this page, these terms define your rights and responsibilities as a user of the Builder theme and our Host hosting service, please read them carefully and note that from time to time they may be changed.

1. Introduction and definitions

These terms and conditions ("Conditions") shall govern the agreement between Adaptavist.com Limited ("us" or "we") and the individual or organisation or individual applying for the provision of the Goods or Services ("you").

For general enquiries, please Contact Us. For support on our products and services, please use our Support Desk.

We explain in the headings what each clause covers. These headings are for guidance only and are not intended to be legally binding.

These Conditions take precedence if inconsistent with the material on our Website. For avoidance of doubt, these terms and conditions are seperate to the licensing terms and conditions for the Confluence product provided by Atlassian.

The following have particular meanings in these Conditions:

"Acceptable Use Policy" means our guidelines for acceptable use as defined towards the end of this document which may be amended from time to time;
"Data" includes information, documents, text, software, music, sound, photography, messages, and other material of any kind in any form;
"Goods" means the goods described on the Website and which we agree to sell to you;
"Internet" means the global data network comprising interconnected networks to which we are connected and provide access to you via the Services;
"Personal Data" means Data about any identified or identifiable living person;
"Registry" means either Nominet UK Limited, CentralNIC Limited or Tucows Inc, or any other domain names registry that we choose to use from time to time;
"Regulations" means the Consumer Protection (Distance Selling) Regulations 2000;
"Services" means the services described on the Website and which we agree to provide to you; and
"Website" means our web presence at https://www.adaptavist.com and other locations we use and advertise from time to time.

2. Changes to these Conditions

We reserve the right on giving prior notice on the Website to alter these Conditions at any time (including altering our Acceptable Use Policy and other policies).

Any renewal of the Services will in any event be subject to our then current Conditions.

3. Your right to cancel

This clause 3 applies only if you are a "consumer", which for the purposes of this clause 3 shall mean any natural person who is acting for purposes that are outside his or her business.

For the purposes of the Regulations:

The supplier shall be Adaptavist.com Limited;
The address of the supplier shall be the correspondence address which can be obtained by contacting us;
Prices on the Website are updated periodically and cannot be guaranteed for any period of time and every effort is made to ensure prices are correct at the point at which the consumer places an order.
Any complaints should be sent in writing to the supplier by post, email or fax. See our Contact Us page for contact details.

A consumer will, subject to any exceptions or exclusions set out in the Regulations, be entitled to cancel these Conditions by serving a written notice of cancellation on us at any time during the following periods:

In the case of Goods, within seven working days after the day on which the consumer receives the Goods;
In the case of Services, within seven working days after the date you enter into a contract with us.

In the event of cancellation by the consumer Goods should be returned to the supplier's correspondence address. The consumer will be liable for the costs of returning such Goods or the costs of the supplier in recovering such Goods unless the consumer has a right to reject the Goods under a term of these Conditions or under statutory right (including any right under the Unfair Terms in Consumer Contract Regulations).

The consumer will not be entitled to cancel any contract for the supply of Services once the performance of the Services has begun.

Please note that we begin to perform certain Services, such as registration or renewal of certain domain names and website hosting, within 24 hours after you place your order.

4. Security

You must:

keep your username and password secure (and we may change these at any time for good reason);
if requested use your username and password when giving us instructions (and we are authorized to comply with instructions containing your username and password);
keep your Confluence license key(s) secure;
if requested use your Confluence license key when giving us instructions (and we are authorized to comply with instructions containing your Confluence license);
take reasonable steps in respect of matters in your control to minimize any risk of security breaches in connection with the Services;
notify us of any unauthorised access to your account which you believe may affect the overall security of our systems; and
comply with our security checks.

5. Services

We will supply the Services with reasonable skill and care.

However, we do not guarantee:

that the Services will be uninterrupted, secure or error-free; or
that any Data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all.

Although we attempt to provide you with the best possible service, the Internet (which our Host service relies upon) is a non-guaranteed service and as such we cannot guarantee that the service as a whole will never be faulty. The Internet consists of vast numbers of servers and countless interconnections between them (and you) so the availability and performance of our products and services is often more likely to be affected by matters outside our control. However, those matters within our control will recieve our complete attention and be resolved as soon as reasonably possible.

We do not provide a back-up of your Data or guarantee the integrity of your Data, however, we will use our reasonable endeavours to provide copies of Data for disaster recovery purposes.

We may have to suspend the Services for repair, maintenance or improvement. If so, we will restore them as quickly as is reasonably possible.

6. Your obligations

You must comply with our reasonable instructions and requests concerning the Services.

You must provide us with up to date contact details of one or two named representatives with whom we are authorised to deal (including email addresses) and promptly notify us of any changes. We rely on this information for various reasons including the transmission of renewal notices and other important information concerning the Services.

You must comply with our Acceptable Use Policy and bring it to the attention of your authorised users.

You are responsible for all persons who use your username and password to access the Services, whether authorised or not, unless acting on our behalf.

There is a risk that Data generated, stored, transmitted or used via or in connection with the Services may be irretrievably damaged or lost if there is a fault or on suspension or termination. You must frequently back-up all such Data that you wish to save.

7. Restrictions

You must refrain from transferring any illegal material or engage in unlawful activities via your use of the Services.

You must refrain from sending menacing, offensive, defamatory, obscene, indecent or abusive messages or telephone calls whilst using the Services.

You must not use or permit the usage of the Services in a manner that is inconsistent with any and all applicable laws and regulations.

You must not make available or upload Data via your use of the Services that contain a virus, worm, trojan or other malicious Data or download any disabling or harmful devices.

You must not use the Services to send bulk unsolicited commercial emails or telephone calls.

You warrant that your use of the Services will not infringe any third party intellectual property or other rights.

You must not embark on any course of action, whether by use of your website, telephone or any other means, which may cause a disproportionate level of activity (for example, causing mail bombs, denial of service attacks or encouraging large amounts of website traffic) without providing us at least seven day's prior notice in writing. If you give notice or we otherwise become aware of such disproportionate use we may:

move your service to a dedicated service and charge our then current rate as detailed on our Website; or
terminate some or all of the Services forthwith.

8. Content of your website

It is your responsibility to ensure that "Content" (meaning Data placed on our servers by you or on your behalf or third party data facilitated by you, for example, chat rooms or discussion groups) is "server-ready" (including virus free) and will function satisfactorily.

You bear sole responsibility for all Content. We do not, and are not obliged to, check Content. Our rights to remove and take other steps in relation to Data are without prejudice to this sub-clause.

9. Data

We may access, copy, preserve, disclose, remove, suspend or delete any Data:

if we are required to do so by applicable law or competent authority; or
for the purposes of registration of domain names with a Registry; or
if it is otherwise permitted under these Conditions; or
if such Data is prohibited under these Conditions.

10. Personal Data

We will process your Personal Data only in compliance with our Privacy Policy.

You consent to such processing and confirm that you have shown our privacy policy to, and obtained similar consent from, any third party individuals whose Personal Data you have supplied to us and will continue to do so in the future.

11. Risk and Title to Goods

Risk shall pass to you on delivery, but the Goods shall remain our property until such time as full payment has been received.

12. Limitation of liability

Nothing in these Conditions in any way excludes or restricts our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be restricted. Nor does it affect consumers' statutory rights.

Our liability in contract, tort (including negligence) or otherwise in connection with these Conditions for any one event or a series of events is limited to the price of the Goods, or 125% of the payment we received from you for the Services in the 12 months before the event(s) complained of.

In no event (including our own negligence), and even if we have been advised of the possibility of such losses, will we be liable for any:

economic loss (including, without limitation, loss of revenue, profit, contract, business or anticipated savings);
loss of goodwill or reputation;
special, indirect or consequential loss; or
damage to or loss of Data.

We do not accept any liability to offer refunds, goodwill gestures, or other compensation related to service availability and performance. In the event that you experience problems with Goods or Services provided by us, we will make every effort to fix the problem in as short a time as possible or notify external parties should the problems be caused by their Services and/or Goods. Please do not ask for refunds, goodwill gestures, or other compensation related to availability and performance which proves to be lower than expectations as it is absolutely not possible for us to do this. If you expect to receive compensation in respect of availability and other issues, then we are not the appropriate supplier for you.

We have no liability for Goods and Services provided by third parties.

To the extent allowed by law, we exclude all conditions, terms, representations and warranties, whether imposed by statute or by law or otherwise, that are not expressly stated in these Conditions including, without limit, the implied warranties of satisfactory quality and fitness for a particular purpose. Consumers' statutory rights are unaffected.

13. Indemnity

You will indemnify us against all claims, damages, liabilities, costs (including reasonable legal fees) directly or indirectly related to your registration of or use of your domain names, the use of the Goods, your use of the Services or breach by you of these Conditions.

14. Payment

You must pay the fees (together with VAT and any applicable taxes) specified on our Website when you order Goods or order or renew any Services.

Invoices and payments are conducted online through our secure payment processing system which accepts most popular credit cards, debit cards, PayPal and, in some cases, bank transfers.

When making bank transfers (ie. not using a credit card, debit card or PayPal), please note that funds can take up to 12 working days to clear depending on the payment method used.

Payment must be made without deduction or set-off.

All fees are non refundable unless otherwise stated.

All fees remain payable where we suspend the Services in accordance with these Conditions.

We may impose a credit limit on your account and/or require a deposit as security for paying bills.

15. Duration and termination

All Services paid for either annually, quarterly or monthly will be subject to initial contract periods of 12 months, 3 months or 90 days respectively, and shall continue thereafter on a rolling basis unless and until terminated.

Dedicated hosting services are subject to an initial contract period of 12 months, and shall continue thereafter on a rolling basis unless and until terminated. Payments for dedicated hosting can be made on a monthly, quarterly, bi-annual or anual basis with prior agreement.

Either party may terminate this agreement (as regards some or all of the Services) at any time for any reason by giving to the other 30 days written notice. If you terminate the agreement prematurely, no refunds are given.

We may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice:

if you breach any the terms and obligations under these Conditions and, if remediable, having received from us a written notice stating the intention to terminate these conditions if not remedied, fail to remedy the breach within 14 days;
if you are subject to a resolution for winding up or a petition for bankruptcy or liquidation or there is a proposal or you enter into any arrangement or composition with your or for your creditors or a receiver or liquidator or trustee in bankruptcy is appointed over you or any of your assets or any similar circumstances; or
if we are required to do so by a competent or regulatory authority.

On termination of this agreement or suspension of Services for any reason:

we will immediately stop supplying, and will terminate access to, the relevant Services. This may involve irretrievable damage to or loss of Data generated, stored, transmitted or used via or in connection with the Services and / or we may destroy any such Data;
all licenses granted by us to you will terminate;
any fees due remain payable and, if already paid, will be non-refundable unless you have cancelled this agreement;
your accrued rights and liabilities will be unaffected.

For the avoidance of doubt, any Confluence licenses which have been purchased by you from us will not be cancelled.

16. Confidentiality

We both agree not to use for any purpose apart from this agreement or disclose any Confidential Data received from the other party. "Confidential Data" means Data identified as, or which clearly is, confidential.

This clause does not apply to Data which:

enters the public domain other than through breach of this clause;
is or becomes independently known to the receiving party free from any confidentiality restriction;
is required to be disclosed by applicable law or competent authority;
is reasonably disclosed to employees, suppliers or others for the proper performance of these Conditions;
is reasonably disclosed to professional advisers; or
we are otherwise permitted to disclose in accordance with these Conditions.

17. Notices

You should send any notices under these Conditions to the correspondence address, fax or email address shown on our Contact Us page.

We shall send any notices in accordance with the most recent contact information which you have provided to us.

Notices may be sent by hand, recorded delivery, fax or email and shall be deemed to be received:

by hand - when delivered provided handed to a senior employee;
recorded delivery - five days after posting;
fax - when the sender receives an error-free transmission report; or
email - on the day sent unless the contrary is proved.

In some circumstances, we may contact you by telephone.

18. General

These Conditions represent the entire agreement of the parties relating to its subject matter. It supercedes all prior agreements and representations (unless fraudulent). We are not bound by, nor should you rely on, any oral representations or representations by any agent or employee of any third party you may use to apply for our Services.

If any part of these Conditions is deemed void for any reason, the offending words shall be deemed deleted and the remainder shall continue in full force.

You may not assign these Conditions or subcontract or resell any of the Services without our prior written consent. We may assign these Conditions or subcontract any of the Services.

We shall not be liable for failure to perform or delay in performing any obligation under these Conditions if the failure or delay is caused by any circumstances beyond our reasonable control, including but not limited to failure of any communications, telecommunications or computer system.

No firm, person or company which is not a party to these Conditions shall have any right under the Contract (Rights of Third Parties) Act 1999 to enforce any provision of these Conditions.

The failure to exercise or delay in exercising a right or remedy under these Conditions shall not constitute a waiver of the right or remedy.

Nothing in these Conditions shall be construed as creating a partnership or joint venture of any kind between us.

19. Acceptable Use Policy

We have adopted a philosophy that assumes the honesty and good intent of our subscribers, therefore our services are provided in as unrestricted a manner as possible to allow our users to have the richest Internet experience possible.

You will be responsible for the content of your Site, including obtaining the legal permission for any works it includes and ensuring that the contents of the pages do not violate UK law. Should any content not conform to this, it will be removed.

We reserve the right, without notice or explanation, to remove material which does not comply with company policy, such as material of an Adult nature or pirated software.

Subscribers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via your site. We reserve the right to suspend any sites containing such material.

Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as web site designers working on your behalf, or those directly involved with the site in question. We must be notified immediately if they are compromised. If someone were to gain access to your account password, they could tamper with files held on your site.

Technical Support will only be provided for uploading, downloading and viewing pages. No support will be provided for HTML authoring or page design, although we may have support pages providing help with these topics.

The customer has sole responsibility for ensuring that any data is suitably backed-up. We will not keep backups of your pages.

We will accept no responsibility whatsoever for loss of data or information resulting from the use of this service.

If the account is suspended for any reason, such as non-payment, access to the customers' Site, both for viewing and maintenance, may also be suspended.

On closing an account, the relevant data on the Customer's Site will be deleted.

Users may not mount an attack, by whatever means, against our system, or any other systems. Users may not run unauthorised mailing lists from, or through any of our machines, or mail servers.

20. Choice of law

This agreement is governed by English law and is subject to the exclusive jurisdiction of the courts of England & Wales.