TERMS AND CONDITIONS

These Terms and Conditions are the standard terms that apply to the purchase via our Website of all Software from us, Hostingly, a trading name of IT Assist Services Ltd, a company registered in England and Wales under number 10026426 whose registered address is Office 1 Denaby Point Coalpit Road, Denaby Main,  Doncaster, England, DN12 4LH (referred to in these Terms and Conditions as “we/us/our”).

Please read these Terms and Conditions carefully and ensure that you understand them – you will need to agree that you have read and accepted them before purchasing Software from us.  If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order from us.

These Terms and Conditions apply to business customers only.  The Software is designed for business use only.  These Terms and Conditions do not apply to individual consumers purchasing the Software for personal purposes (that is, not in connection with, or for use in, their trade, business, craft, or profession).

  1. Definitions and Interpretation: In these Terms and Conditions, the following expressions have the following meanings:

“Account” means the personal information and credentials used by you to create an account on the Website to enable an order to be placed;

“Contract” means the legally binding contract formed in accordance with clause 2, which includes these Terms and Conditions;

“Software” means the website builder software to be provided by us to you;

“Website” means https://hostingly.uk, https://hostingly.help or https://hostinglystatus.uk and any sub-domains of this site unless expressly excluded by their own terms; and

“You/Your” means you, the person ordering from the Website.

The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.  Words imparting the singular shall include the plural and vice-versa.  Any reference to “writing” and “written” includes communication by email.

  1. How the Contract is Formed Between You and Us
    • In order to place an order via the Website, you will be required to create an Account for the Software, which will contain certain personal details about you. By continuing to use this Website, you represent and warrant that all information you submit is accurate and truthful, you have permission to submit payment information where permission may be required, and you will keep your Account details accurate and up-to-date.
    • You can place an order for Software at any time via our Website. Our Website will guide you through the ordering process.  Before submitting your order, you will be given the opportunity to review and amend it.  Please ensure that you have checked your order carefully before submitting it.
    • A Legally binding contract is formed as soon as you first access the Software. You agree to comply with and be bound by these Terms and Conditions upon your first use of the Software.
    • We will send you an order confirmation once your order has been processed. Our order confirmation will contain full details of the order, including the price and the features provided in the Software chosen.
    • Once the contract is formed, we will grant you a non-exclusive licence to use our Software within the bounds of these terms and conditions. This license shall not be transferred without our express written permission.
  1. Your Account
    • Sharing of Accounts is not permitted unless we expressly authorise this in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.  We also recommend the password you choose is strong and secure, containing a combination of letters, numbers and symbols, and is changed regularly.
    • When using our Website, creating an Account or publishing information, you must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, vulgar, obscene, threatening, harassing, defamatory or discriminatory.  Any failure to comply with this clause could result in the suspension and/or deletion of your Account.  Further information and restrictions on the use of our Website is detailed in the policies available on the Website.
  1. The Subscription
    • The Software will be available to you immediately when you create your account and will continue to be available until you end the Contract.
    • We do not warrant that your use of our Software will be uninterrupted or error-free; nor that our Software, and/or the information obtained by you from the Software will meet your requirements.
    • In some circumstances, we may need to suspend access to the Software (in full or in part) to fix technical problems, to make necessary changes, to update the content to comply with relevant changes in the law or other regulatory requirements, or to make more significant changes to the paid content. If we need to make more significant changes, we will inform you at least 30 days before the changes are due to take effect.  If you do not agree to the changes, you may cancel the Contract as described in clause 6.2.
    • If we need to suspend availability of the Software for any of the reasons set out in clause 4.3, we will inform you in advance (or as soon as possible, if we need to suspend availability for urgent or emergency reasons) and explain why this is necessary. If this occurs, your subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 5 days).  If the suspension lasts (or we tell you that it is going to last) for more than 14 days, you may end the Contract as described below in clause 6.2.
    • Should you notice an error or defect, we provide technical support throughout the continuance of this agreement. This technical support includes, without limitation, information and advice as may be required to utilise the Software for its intended purpose.  Our obligations are subject to you complying with your obligations under the terms of this Contract.  In particular, they shall not apply if any defect in the Software arose or was exacerbated as a result of:
      • incorrect use, operation or corruption of the Software;
      • any unauthorised modification or alteration of the Software;
      • failure to implement recommendations in respect of solutions to faults previously advised by us;
      • any failure to upgrade the Software with any new release provided by us; or
      • use of the Software with other software or on equipment with which it is incompatible.
  1. Price and Payment
    • The price payable for use of the Software is as stated on our Website. Payment must be made before the Software will become available to use. You will be asked to complete your details and make payment via the Website. Once payment is received, the Software will become accessible to use for the duration of the term.
    • The licence fees must be paid monthly in advance, as detailed in the Contract between you and us. Once payment is received, the Software will become accessible to the Client for a further month.
    • Once the initial month period has expired, the Contract will automatically renew on a rolling monthly basis, provided payment is made in accordance with clause 5.2, unless a written notice to terminate is given by either party in accordance with clause 6 below.
    • All payments made via the Website will go through an online payment gateway provider, such as Stripe. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to Stripe’s terms and conditions. A separate contractual relationship is created between you and the payment gateway provider and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by this third party.
    • We reserve the right to review our license fees periodically and will provide you with a minimum of 30 days’ notice of any change in the fees before such change shall take effect.
    • All prices include VAT, where applicable. If the rate of VAT changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
  1. Termination
    • You may cancel the contract at any time by giving us written notice 30 days in advance of the date you wish to cancel, should a payment be due during this period it shall still fall due and payable during the notice period and we shall still provide the Software until the date of termination.
    • If we have suspended availability of the Software for more than 14 days, or we have informed you that we are going to suspend availability for more than 14 days, you may end the Contract immediately, as described in clause 4.4. If you end the Contract for this reason, we will issue you with a proportional refund.
    • You also have a legal right to end the Contract at any time if we are in breach of it. You may also be entitled to a full or partial refund and compensation.
    • If you wish to exercise your right to cancel under this clause 6, please contact us as soon as possible. Cancellation by email or by post is effective from the date on which you send us your message. We recommend checking that your payment has been cancelled with the relevant payment gateway provider, as detailed in clause 5.4.
    • Any refunds due will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform us that you wish to cancel, using the same method you used to place the order, unless you expressly request we refund using a different method.
    • We reserve the right to terminate your Account and/or your subscription at any time. If we do so, we will notify you by email and provide you with an explanation for the termination.  If we terminate as a result of your breach of these Terms and Conditions, you will not be entitled to any refund.  Such terminations can be appealed by contacting us in writing.  If we terminate your Account or subscription for any other reason, we will refund your subscription on a proportional basis.
    • Access to any Software will cease immediately from the date of termination and we shall irretrievably delete any client data contained in the Software

 

  1. Intellectual Property Rights
    • The Software, together with any and all intellectual property rights of whatever nature which now or in the future subsist in the Software are and shall remain our property. This Contract does not constitute a sale of the original Software or any copies thereof.
    • When you purchase a subscription to access the Software, we will grant you a limited, non-exclusive, non-transferable, non-sub-licensable licence to access and use the relevant Software. The licence granted to you does not give you any other rights in our Software (including material that we licence from third parties).
    • All proprietary rights in the Software remain with us. You shall not:
      • attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, transmit, or distribute all or any portion of the Software in any form or media or by any means;
      • attempt to reverse compile, disassemble, or reverse engineer all or any part of the Software;
      • access all or any part of the Software in order to build a product or service which competes with the Software;
      • vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Software;
      • sub-license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Software available to any third party except the Authorised Users, without our express consent; or
      • attempt to obtain, or assist third parties in obtaining, access to the Software other than as provided under this clause 7 or any separate agreement between you and us.
    • We will defend, at our own expense, any claim brought against you alleging that the use of the Software infringes the intellectual property rights of a third party and we shall pay all reasonable costs and damages awarded or agreed to in settlement of such a claim provided that you:
      • give us the sole authority to defend or settle the claim;
      • furnish us with prompt written notice of the alleged claim; and
      • provide us with reasonable assistance in respect of the claim.
    • We shall have no liability for any such claim resulting from any modification of any part of the Software by any party other than us or an authorised agent or partner of ours.
  1. Liability
    • Nothing in these Terms and Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    • Subject to clause 8.1, we will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    • We only supply our Services for non-commercial use only. We make no warranty or representation that the Services are fit for commercial, business or industrial use of any kind.  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    • We may provide you with information and advice in connection with the Software. However, we cannot be held responsible for any actions, or lack of actions, you may take as a result of our advice.
    • We do not warrant that the Software will be suitable for your needs, nor that it will be successful in ensuring you a job.
    • Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer, or any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.
  1. Communications
    • Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic.  We will contact you by email or provide you with information by posting notices on our Website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communication be in writing.  This does not affect your statutory rights.
    • Notices will be deemed to have been duly received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three working days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed to the address provided, stamped and placed in the post and in the case of an email, that the email was sent to the specified email address of the addressee.
  1. Privacy and Data Protection
    • All personal information that we may use will be collected, processed, and held in accordance with the provisions of the General Data Protection Regulation 2016 (“GDPR”) and your rights under the GDPR.
    • For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to the Privacy Policy available on our Website.
  1. Events Outside Our Control (Force Majeure)

We will not be liable or responsible for any failure or delay in performing any of our obligations under the Contract if that failure or delay is caused by any event beyond our reasonable control.  This includes, but is not limited to: power failure, internet service provider failure, industrial action, fire, flood, storms, earthquakes, acts of terrorism or war, governmental action or any other event beyond our reasonable control.

 

  1. Other Important Terms
    • We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs, we will inform you in writing.  Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
    • The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
    • If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions will be valid and enforceable.
    • No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
    • We may revise these Terms and Conditions from time to time. If we change these Terms and Conditions as they relate to the Contract between you and us, we will give you advance notice of the changes and provide details of how you may cancel if you are not happy with them.

 

  1. Law and Jurisdiction

These Terms and Conditions and the relationship between you and us will be governed by and construed in accordance with the laws of England and Wales.