Terms and Conditions
These Terms and Conditions govern your submission of an order to us for our provision of services to you through fdswebhhosing.com/fdshosting.com/fdshosting.co.uk (the "Website"), and your registration for an account on the Website by which you will be able to administer those services that you receive. By submitting your details to us for registration for an account on the Website, you agree to be legally bound by these Terms and Conditions.
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "downtime" means any service interruption in the availability to visitors of the Website;
1.1.2 "intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
1.1.3 "FDS" means FDS Web Hosting Services
1.1.4 "IP address" stands for internet protocol address which is the numeric address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment operated by FDS in connection with the provision of the Services;
1.1.7 "the Services" means web hosting, domain name registration, email and any other services or facilities provided by FDS.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "virus" means a computer program that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses";
1.1.10 "visitor" means a third party who has accessed the Website;
1.1.11 "material" means material that you upload (or permit to be uploaded) onto our servers as part of our provision of the Services, including any and all materials, works of authorship, software, files, multimedia and audiovisual material, tools, processes, systems, manuals, databases, database structures, a website's "look and feel", content, documents, records, reports, ideas, know-how, information, text, data, diagrams, artwork, screenshots, drawings, plans, descriptions, specifications, images, graphics, domain names and marks (in whatever form and on whatever media);
1.11.12 "order" means the order submitted by you through the Website for the receipt of certain services from us;
You indicate acceptance of these terms and conditions of service by placing an Order with FDS Web Hosting Services. These terms and conditions will not be varied for individual customers.
1.2 Product specifications and details may be found at http://www.fdshosting.co.uk
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
2.1 The Customer wishes to provide FDS with data that will be hosted on FDS’s servers and made accessible via the Internet.
2.2 FDS provides web hosting services and has agreed to host the Customer’s data upon the following terms and conditions.
3.1 FDS shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
3.2 The Customer shall deliver to FDS the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or FDS (“the Customer Software”), in a format specified by FDS.
4 CHARGES, PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro) and direct debits
4.2 FDS do not accept cheques, bank transfers, postal orders, cash or any other form of payment other than those outlined in 4.1
4.3 The quoted prices on the website are inclusive of VAT.
4.4 FDS shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
4.5 FDS do not provide credit facilities.
4.6 From time to time FDS may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
4.7 FDS provide "Money-Back Guarantees" on web hosting products. Should your product qualify for this guarantee please raise a support ticket at http://fdswebhosting.com/whmcs within 30 days of placing your order for a full refund. This guarantee excludes domain names (registrations and transfers) which may not be cancelled once ordered. The Customer is limited to using the money-back guarantee once. Note: if you pay via PayPal and request a refund and it is not due to our error, we will not refund the default PayPal transaction charge.
4.8 Pro-rata refunds will be issued for any services that are cancelled before the end of the term.
4.9 Should your chosen payment method fail FDS will attempt to settle your invoice using any other payment facilities available on your account.
4.10 All services will renew until cancelled by the Customer. FDS will email the Customer (via previously supplied primary email address) prior to renewal of services, it is the resposibility of the Customer to cancel services prior to renewal as no refund can be made once renewal has occurred. The Customer must notify FDS at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by the Customer before the account is cancelled.
5 IP ADDRESSES
5.1 FDS shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where FDS changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to FDS (“FDS’s software”) in order to use the Services, FDS grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use FDS Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in FDS Software.
6.2 In relation to FDS’s obligations under this Agreement in connection with the provision of the Services, the Customer grants to FDS a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website (“the Content”). For the avoidance of doubt, this Agreement does not transfer or grant to FDS any right, title, interest or intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense FDS Software.
6.4 FDS may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, FDS shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 FDS shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, FDS makes no warranties or representations that the Service will be uninterrupted or error-free and FDS shall not, in any event, be liable for interruptions of Service or downtime of the server.
7.2 FDS carries out data backups for use by FDS in the event of systems failure. FDS do not routinely provide data restoration facilities for the Customers. Even though every effort is made to ensure data is backed up correctly FDS accepts no responsibility for data loss or corruption. Unless expressly included in the cost of the package, routine backups are not provided to the customer by FDS. A data backup service is available at an extra charge and FDS is happy to supply a quote for data backup services. It is always the responsibility of the Customer to ensure that they have adequate backup procedures in place. See also section 8.6.
8 ACCEPTABLE USE POLICY
8. YOUR OBLIGATIONS
8.1 Correct information: You must only submit to us or the Website information (whether Material, contact details or otherwise) which is accurate and not misleading and you must keep it up-to-date and inform us of any changes.
8.2 As a customer you agree to:
8.2.1 co-operate with us;
8.2.2 provide us with any information we reasonably require in respect of the Services from time to time;
8.2.3 report any faults or suspected faults with or in the Services to us immediately upon discovery;
8.2.4 report to us any abuse of the Internet (including spam, hacking and phishing) that you consider to have taken place through the use of the Services by any person, and you shall include in such report as much information as you are able to provide to us relating to the type of abuse that you have witnessed;
8.2.5 use your own login details for the Website and not impersonate any other person or adopt a false identity;
8.2.6 keep your password strictly confidential and secure, and immediately change your password if you know or suspect that any unauthorised third party becomes aware of your password or if you become aware of unauthorised use of your password or there is any other breach of security known or suspected by you;
8.2.7 maintain access to the Services through your Internet or telecoms service providers, and we are not responsible for any connections from your system to the Services;
8.2.8 be responsible for ensuring that you have the knowledge and expertise necessary to access and make use of the Services;
8.2.9 ensure that all Material is suitable and prepared for use in conjunction with the Services;
8.2.10 be responsible for ensuring that, and you hereby warrant and undertake to us that, your use of the Services and any Material:
(a) does not infringe the privacy rights or Intellectual Property Rights of any third party;
(b) does not harm us or bring us or our name into disrepute;
(c) is not for the purposes of sending spam or other unsolicited emails;
(d) is not for the purposes of breaching or circumventing the security of any network or Internet user;
(e) does not impose an unreasonable or disproportionately large load on our infrastructure or the Services (whether or not the Services have "unlimited" elements, such as in relation to Internet traffic or disk usage);
(f) does not interfere with another user's use of the Services or similar services;
(g) is not defamatory, obscene, abusive, malicious, indecent, harassing or discriminatory;
(h) conforms in all respects will all applicable laws, rules, regulations, bye-laws and codes of practice (including disability discrimination, intellectual property, privacy and data protection laws); and
(i) does not contain any material detrimental to us or any other user of the Services or similar services, including any viruses, trap doors, back doors, Trojan horses, time bombs, easter eggs, worms, cancelbots or other computer programming routines that are intended to detrimentally interfere with, damage, expropriate or surreptitiously intercept any system, data or personal information;
8.2.11 promptly comply with our reasonable requests from time to time in connection with this Agreement; and
8.2.12 ensure that the Services are sufficient and suitable for your purposes and meet your individual requirements.
8.3 You must not, whether yourself or in conjunction with anyone else:
8.3.1 manipulate Orders or transactions in ways that are unfair to us or other users of the Website and/or the Services; and
8.3.2 use or access the Website and/or the Services in contravention of any applicable law.
8.4 You warrant that any Material is owned by you. It is your responsibility to make sure that you have all necessary rights and consents relating to your use of the Material in conjunction with the Services.
8.5 You shall indemnify and hold us harmless against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach by you of Clauses 8.1, 8.2, 8.3, 8.4 or 8.6. This indemnity shall apply whether or not you have been negligent or at fault.
8.6 You are responsible for keeping regular and full backups of all Material. We shall have no Liability for any failure by you to backup any Material. If any Material is lost or corrupted for any reason and you do not have an appropriate backup, we will not be able to help you recover that lost or corrupted Material except to the extent that you subscribe for the Backup Services.
8.7 You are responsible to ensure that you have in place insurance in relation to any Material, including in relation to the loss or corruption of that Material.
8.8 You acknowledge that the Services and any Material may not be used for the purpose of data warehousing such as (but not limited to) storage of backup or archival data, mirror sites, or personal multimedia content such as movies, music, photos or other media.
8.9 You acknowledge that the Services and any Material may not be used for the purpose of peer-to-peer file or media sharing, streaming, BitTorrent, Tor or other similar forms of data transmission.
8.10 You acknowledge that the Services and any Material may not be used for the purpose of providing or participating in a content delivery network.
8.11 We reserve the right to suspend our provision of the Services to you if your use of the Services is having a detrimental impact on our other customers. Suspension might happen if your website (in respect of which you use the Services):
8.11.1 has been hacked (such as through bugs in commonly-used software including WordPress);
8.11.2 contains malware;
8.11.3 is attacked (including by a denial of service attack); and/or
8.11.4 is badly coded;
8.11.5 is identified as sending out SPAM.
In all of these examples, your website might use excessive resource on our servers to the detriment of our other customers' use of the Services. Following the decision to suspend any Services, we will contact you with details of the suspension and invite you to remedy the situation. In such a situation, you are able to discuss what may be required for the Services to be reinstated by raising a support ticket in your Client Area (http://fdswebhosting.com/whmcs).
8.12 If the Customer fails to comply with the Acceptable Use Policy outlined in Section 8, FDS shall be entitled to withdraw the Services and terminate the Customer's account without notice. If an account has been suspended for 7 days or more FDS reserves the right to terminate the web hosting account without further notice. It is the responsibility of the customer to ensure that their website files are patched and fully up-to-date and that all passwords are secure. We reserve the right to amend any software/script installation, without notice or prior consultation, if we believe it poses a security risk or is liable to be detrimental to the running of the Services. If a customer has any concerns over their responsibility our systems team are happy to assist and can be contacted by raising a support ticket in your Client Area (http://fdswebhosting.com/whmcs).
Please note: in the event of the Customer breaking the Acceptable Use Policy and an account being terminated, FDS will offer no refund of web hosting fees.
9 ALTERATIONS AND UPDATES
All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform FDS and the password will be changed.
10.1 The Customer warrants and represents to FDS that FDS’s use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to FDS as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, FDS shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
11.1 The Customer agrees to indemnify and hold FDS and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against FDS arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit FDS’s liability for death or personal injury resulting from FDS’s negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of FDS to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
12.3 In no event shall FDS be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or FDS had been made aware of the possibility of the Customer incurring such a loss.
12.4 You agree that FDS will not be liable for any (1) suspension or loss of the Service(s), including, without limitation, domain name registration services, (2) use of the service(s), including, without limitation domain name registration services, (3) interruption of our services or interruption of your business, (4) access delays or access interruptions to our web site(s) or service(s) or delays or access interruptions you experience in relation to a domain name registered with us; (5) loss or liability resulting from acts of or events beyond our control (6) data non-delivery, mis-delivery, corruption, destruction or other modification; (7) the processing of an application for a domain name registration; (8) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; or (9) application of the dispute policy. You also agree that FDS will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed the total amount paid by you for the Service.
13 TERM AND TERMINATION
13.1 This Agreement will become effective on the date the Service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
13.2 FDS shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
13.5 On termination all data held in the Customer account will be deleted.
14.1 FDS may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without FDS’s prior written consent.
15 FORCE MAJEURE
15.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
16.1 If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
17.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.
18 ENTIRE AGREEMENT
18.1 This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
19 GOVERNING LAW AND JURISDICTION
19.1 This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
20 DOMAIN NAME REGISTRATION AND HOSTING RENEWAL
20.1 Domain names are not deemed to be successfully registered until they appear in the relevant WHOIS database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it FDS will provide a full refund for that domain name. Domain names are always registered in the name of the customer for which they are purchased. This is a custom order and once purchased the domain name cannot be changed and cannot be refunded. The domain obviously remains the property of the purchasing customer.
20.2 Domain credits may be purchased on behalf of a customer provisioning future purchase of a domain name at the current prevailing rate. These are special custom items we purchase on behalf of the customer when they buy a qualifying package with included domain. For the purposes of these Terms domain credits are to be treated as domain names, in that they cannot be refunded but can be used to fund future domain name purchases for the customer.
20.3 For customers who purchase hosting accounts sold with FREE domain names there is a minimum contract term of 12 months. If you decide to move your hosting or domain elsewhere inside the 12 month period, you will be subject to a one-off transfer fee of £14.95 which covers administration and set-up costs. Also, please note that some domains have restrictions regarding when transfers can be made. In the case of a TLD (.com, .org, .biz, .info, .name, .net) the domain name must not have been registered, renewed or transferred in the past 60 days.
20.4 Free domains can only be used in conjunction with a qualifying hosting purchase and can only be used with that qualifying hosting purchase. They will be renewed with the hosting package free of charge for the life of the hosting package provided the associated hosting package is renewed before or on the renewal date. We reserve the right to charge the full renewal price of any domain if the hosting package associated with it is not renewed on time. Current domain fees can be found on the website.
20.5 It is the responsibility of the Customer to ensure that domain renewals are paid promptly. FDS will contact the Customer in good time to remind them of domain renewals. It is the responsibility of the Customer to ensure that contact details (especially email addresses) are kept up-to-date. FDS will use contact details held within the Customers' Client Account to contact them for renewal purposes.
20.6 If the Customer does not pay for the renewal of the domain it goes into an expired state. While in the expired state the domain and any associated web hosting will no longer work. A domain reactivation fee will be charged on the following scale:-
Up to 7 days - £4.95
>7 days up to 14 days £7.95
>14 days up to 21 days £9.95
>21 days up to 30 days £12.95
>30 days £14.95
If the domain remains expired for more than 40 days, it is possible that the domain may be released and resold on the open market. FDS are not responsible for the loss of any domain name due to Customer non-payment and the inability to reactivate the domain due to registrar conditions of renewal.
20.7 Please return to the main terms and conditions area of this website to view terms and conditions for individual domain name registrars.
21.1 FDS are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.
22.1 To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
23 DATA TRANSFER
23.1 Where applicable, web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included. If you are purchasing or have purchased a web hosting account which has unmetered data transfer, no deactivation of your account will take place, but please observe item 24 below.
23.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
24 SERVER USAGE
24.1 Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
25 AFFILIATE PROGRAMME
25.1 Commission earned via the affiliate programme (if in operation) will only be paid by using a valid direct debit/credit mandate on your account. It is the customers responsibility to ensure they have this facility. In the event of the customer not being able to obtain this facility then no commission will be paid.
26 EMAIL NEWSLETTER
26.1 FDS communicates with it’s customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.
27 WEBSPACE USAGE
27.1 Web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.
28 MAIL BOXES
28.1 Mail boxes not accessed for 100 days or more will be deleted from the system.
29 EBAY SALES - SPECIAL CONDITIONS
29.1 The Buyer takes responsibility for making sure the product purchased is suitable for their needs. The eBay Q&A section allows for dialogue to establish this - please use it.
29.2 Returns are accepted up to 30 days after purchase.
29.3 Refunds will be made in full where there has been an error in the listing and it does not match the item purchased.
29.4 Refunds where there has been no error in the listing and it matches the item purchased, we will refund the original purchase price less any transaction fees associated with the sale (i.e. PayPal standard transaction fee and eBay final value fees).
29.5 We do not offer Web Hosting Reseller services, all of our web hosting packages are designed for individual/company use only.