Terms and Conditions Global Host Centre Ltd.

Global Host Centre Ltd. reserves the right to suspend or cancel a customer's access to any or all services provided by Global Host Centre Ltd. when Global Host Centre Ltd. decides that the account has been inappropriately used or otherwise.

Domain Registration Service

Global Host Centre Ltd. is part of Xironet Solutions, a provider of IT managed services including domain name services, website hosting, Office 365, Exchange services, all kind of Cloud computing. These Conditions set out the terms under which Global Host Centre Ltd. will provide Services to the Client (as such terms are defined below). These Conditions should be read in conjunction with the acceptable user policy which can be viewed at: http://www.globalhostcentre.com/terms_and_cond.html  and the Domain Transfer & Ownership Terms and Conditions which can be found at http://www.globalhostcentre.com/terms/domain-transfer-and-ownership.html

These Conditions will be supplemented from time to time by order confirmation forms setting out specific details relating to services requested by the Client and, as so supplemented, will apply to the exclusion of any other terms and conditions including any which the Client may attempt to introduce. Global Host Centre Ltd. reserves the right to change, add, subtract or in way alter these Conditions without the prior consent of the Client.

To the extent that the Client is deemed to be a consumer (as defined by the Unfair Contract Terms Act 1977) then these Conditions will not affect the rights of the Client as a consumer and will apply to the extent that applicable law allows.

By logging into your account or updating files you are deemed to have accepted these terms and conditions.

These Conditions are divided into five parts, however all parts may not apply in every case:

·         Part 1 applies in all cases.

·         Part 2 applies where Global Host Centre Ltd. is to provide software and/or equipment in connection with the Services.

·         Part 3 applies where the Services include ongoing support and maintenance services.

·         Part 4 applies where the Services include domain name registration services.

Part 1: General Provisions

·         1. Definitions

In these Conditions, the following expressions will have the following meanings, unless inconsistent with the context:

      "Business Day"

a day which is not a Saturday or Sunday or public or bank holiday in England and Wales

     "Business Customer"

You are a business customer if you are an a commercial entity or an individual (a) registering, using or planning to use the Requested Domain as part of a business trade or profession; (b) purchasing a Domain name during the a “Sunrise” or “Land rush” period as defined in the Domain Name Conditions for the Domain Name Registry (c) at your sole discretion, purchasing a Domain Name for financial or Commercial gain, including, without limitation, for the sole purpose of placing advertisements on the Domain Name; (d) purchased 10 or more Domains and purport to act as a business customer as defined.

"Business Hours"

9am to 5.30 pm on each Business Day

"Client Materials"

data, text, images, graphics, videos, logos and other content and material, hardware or equipment provided by the Client in connection with the Agreement for use by Global Host Centre Ltd. in providing the Services

"Client"

as identified on the Order Confirmation(s)

"Consumer"

You are a consumer if You are an individual not: (a) registering, using, acquiring, purchasing or planning to use the Requested Domain(s), Hosting package(s) or any other service of Global Host Centre Ltd. as part of a business trade or profession; (b) at your sole discretion, purchasing a Domain Name(s), Hosting package(s) or any other service of Global Host Centre Ltd. for financial or commercial gain, including, without limitation, for the sole purpose of placing advertisements on the Domain Name(s), Hosting Service(s) and/or any other service of Global Host Centre Ltd. For the sole purchase of Domains, You shall not be treated as a consumer under the contract if you have purchased or are the registered holder of 10 or more Domain Names or if you purchase a Domain Name(s) during a "Sunrise" or "Land rush" period as defined in the Domain Name Conditions for the Domain Name Registry.

"Conditions"

these conditions (in four parts) to be read in conjunction with the Order Confirmation(s)

"Defect"

any defect in systems having a material effect on the Client's use or operation of the Services or any failure by any Ancillary System to comply with any term of Part 2 of these Conditions

"Domain Services"

those domain registration and other related services (if any) provided to the Client by Global Host Centre Ltd. pursuant to the Agreement, as described on a relevant Order Confirmation

"Email Suspension"

The email package that was purchased or provided to the Client under a package will be cancelled and no longer accessible to the Client, prohibiting access to the Client’s email account, email mailbox or otherwise from the package or email account created by Global Host Centre Ltd. The Client will have prohibited access to the following:- IMAP, Webmail, Mobility, SMTP and POP

"Email Storage Limit for a Business Customer"

Global Host Centre Ltd. shall provide to the Business Customer 2GB of Email Storage under the Agreement for the duration of 12 months. The Business Customer may at their sole discretion purchase additional Email Storage up to the maximum capacity of 10GB per mailbox.

"Email Storage Limit for a Personal account"

Global Host Centre Ltd. shall provide to the Client 2GB of Email Storage under the Agreement for the duration of 12 months.

"ICANN"

Internet Corporation for Assigned Names and Numbers. A California non-profit, public benefit corporation.

 

 

"Initial Period"

the period of months from the date of the relevant Order Confirmation or, where different, any other period stated on the Order Confirmation or otherwise.

"Registered Account Holder"

You are the Registered Account Holder if you have purchased a service from Global Host Centre Ltd. for yourself, for a Company or otherwise and control the management of the services. You may grant Global Host Centre Ltd. the permission to store your registered card details for future payments or otherwise. You have the permission to purchase or cancel the Service(s) or any additional Service(s) that you have purchased.

"Intellectual Property Rights"

any and all patents, trademarks, service marks, copyright, moral rights, rights in design, know-how, confidential information and all or any other intellectual or industrial property rights whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world together with all or any goodwill relating to the same

"Netiquette"

generally accepted standards and codes of practice for use of the internet including but not limited to sending bulk unsolicited email, mail bombing or impersonating another person, organisation or website

"Order Confirmation"

the order confirmation form(s) submitted by Global Host Centre Ltd. to the Client by email or otherwise in writing for the provision of the Services, in response to the Client's order or request

"Global Host Centre Ltd."

Global Host Centre Ltd., registered in England and Wales (Company No. 9374858), (VAT reg no. 210530667) whose registered office is at 39 Redwood Way, Barnet, Herts., United Kingdom

"Services"

those development, implementation, consultancy, hosting and other services (if any) provided to the Client pursuant to the Agreement, as described on a relevant Order Confirmation, together with any Support Services and Domain Services

"Software"

any communications or other software provided to or made available to the Client by Global Host Centre Ltd. in connection with the Agreement, but excluding Third Party Software

"Support Services"

those support and maintenance services provided to the Client pursuant to the Agreement, as described on a relevant Order Confirmation

"Support Hours"

the hours 9am to 5.30pm on each Business Day during which Global Host Centre Ltd. will provide the Support Services, as set out on a relevant Order Confirmation

"Third Party Software"

any software identified as third party software (if any) to be provided to the Client pursuant to the Agreement, as set out in a relevant Order Confirmation

"Use the Software"

to load the Software onto and store and run it on the Client System and/or Equipment in accordance with the terms of the Agreement

2. Interpretation

2.1 The headings used in the Agreement are inserted for convenience only and are not intended to be part of nor to affect the meaning or interpretation of any of the Agreement.

2.2 In the Agreement the masculine includes the feminine and the neuter, and the singular includes the plural and vice versa as the context shall admit or require.

2.3 The expression "person" means any individual, firm, body corporate, unincorporated association, partnership, government, state or agency of a state or joint venture.

2.4 In the event of a conflict between any of these Conditions and any Order Confirmation, the conflict will be resolved according to the following order of priority: these Conditions then the Order Confirmation.

2.5 The words "include", "includes", "including" and "included" will be construed without limitation unless inconsistent with the context.

2.6 The Agreement (as varied in accordance with its terms) forms the entire understanding of the parties in respect of the matters dealt within it and supersedes all previous agreements, understandings and negotiations between the parties.

2.7 The parties do not intend that any of the terms of the Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not party to it.

2.8 References in these Conditions to clauses mean clauses of these Conditions. References in these Conditions to the provisions of statutes or statutory instruments are deemed to include those provisions as amended or substituted.

3. Service Provision

3.1 The Services are described or referred to on the Order Confirmation(s). Global Host Centre Ltd. agrees to supply Services to the Client on the following conditions; these conditions are not an offer to provide service but a statement of the terms on which we would provide them.

3.2 Global Host Centre Ltd. will use its reasonable endeavours to provide the Services in accordance with any timescale set out on the Order Confirmation(s), but will not be liable to the Client where, using those endeavours, it fails to meet any timescale.

3.3 Global Host Centre Ltd. will not be liable for any failure to provide the Services resulting from any breach by the Client or its employees, agents or subcontractors of the Agreement.

3.4 Global Host Centre Ltd. will not be obliged to provide any services not referred to on the Order Confirmation(s). Furthermore, Global Host Centre Ltd. cannot provide the Services where the Client makes use of what in the sole discretion of Global Host Centre Ltd. can be deemed as incompatible communication systems

3.5 The terms of the Agreement form the entire agreement between Global Host Centre Ltd. and the Client in relation to the Services and all other understandings, agreements, warranties, conditions, terms or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law. The Client may not rely upon any representation made or given by any employee of Global Host Centre Ltd. prior to the Agreement being entered into unless confirmed in the Agreement.

3.6 Global Host Centre Ltd. reserves the right at any time and from time to time to improve, correct or otherwise modify all or any of the Services (including substituting Software and/or Equipment. Global Host Centre Ltd. will endeavour to give the Client reasonable notice of any such modification, where this is reasonably practicable.

3.7 Without prejudice to its other rights and remedies, Global Host Centre Ltd. may at its sole discretion suspend the provision of the whole or any part of the Services (temporarily or permanently) and will have no liability to provide the Services on the occurrence of any of the following events:

3.7.1 notified or unscheduled upgrade or maintenance of Global Host Centre Ltd. IT systems;

3.7.2 issue by any competent authority of an order which is binding on Global Host Centre Ltd. which affects the Services;

3.7.3 if the Client fails to pay any Fees or any other sums owing to Global Host Centre Ltd. by the Client when they fall due;

3.7.4 if an event occurs and Global Host Centre Ltd. deem it to be appropriate to terminate the Agreement;

3.7.5 if the bandwidth or computer memory used by the Client in relation to the Services exceeds any agreed or stipulated level and Global Host Centre Ltd. determines in its sole discretion that suspension is necessary to protect all and any internet solutions provided by Global Host Centre Ltd. from time to time;

3.7.6 if the size of an email, mailing list or croon job used by the Client exceeds any agreed or stipulated size, level or frequency and Global Host Centre Ltd. determines in its sole discretion that suspension is necessary to protect all and any internet solutions provided by Global Host Centre Ltd. from time to time; or

3.7.7 failure or deficiencies in the Client System referring but not limited to hardware, server corruption and security breaches

3.7.8 failure by the Client to adhere to any of the provisions outlined in Global Host Centre Ltd. acceptable usage policy.

Where Global Host Centre Ltd. suspends provision of the Services in accordance with clause 3.7.3, it will only be obliged to recommence provision during Business Hours and once the Client has paid all relevant outstanding sums in clear funds together with any relevant reinstatement fee as published from time to time by Global Host Centre Ltd. and has accepted any revised payment terms requested by Global Host Centre Ltd.(such as payment by direct debit).

3.8 The Client will provide to Global Host Centre Ltd. those Client Materials identified on the Order Confirmation(s) within a reasonable time period taking account of the obligations of Global Host Centre Ltd. under the Agreement.

3.9 The Client warrants that the Client Materials will be accurate in all material respects and will not knowingly include material which is illegal, the accessing holding transmitting or supplying of which would be a criminal offence or which is otherwise unlawful or in breach of any applicable law or code of practice applying to such materials. In particular, the Client warrants that all necessary licences, consents and waivers (including those from rights owners, performers and other contributors) are obtained and paid for by the Client. Without prejudice to the foregoing, Global Host Centre Ltd. may decline to use any Client Materials on any reasonable grounds.

3.10 The Client will supply in a timely manner all information, instructions, review and feedback reasonably required by Global Host Centre Ltd. in connection with the performance of its obligations under the Agreement and will appoint a representative who is fully empowered and authorised to provide the same.

3.11 The Client acknowledges and understands that Global Host Centre Ltd. shall verify the email address the Client provides upon registration, upon the purchase of WHOIS Privacy, upon any updates the Client makes, once a year and at any other time Global Host Centre Ltd. deem necessary. In the event that the Client's email address cannot be verified, the Client's domain(s) shall be suspended within fifteen (15) calendar days and/or removed from the Client's control.

3.12 Further to the above clause 3.11, the Client acknowledges and accepts that Global Host Centre Ltd. shall keep a log of the verification checks carried out for as long as is deemed necessary by ICANN.

3.13 The Client acknowledges and understands that Global Host Centre Ltd. shall cross validate postal address information to spec UPU S42 (or any other method) to ensure that it is a legitimate address. In the event that the Client's postal address cannot be verified, the Client's domain(s) shall be suspended within fifteen (15) calendar days and/or removed from the Client's control.

4. Service Delivery

4.1 The Client acknowledges that, given the nature of such services, Global Host Centre Ltd. cannot guarantee that the Services, when delivered via the internet, will be uninterrupted or error free.

4.2 To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services and any Client Systems and Ancillary Systems are provided by Global Host Centre Ltd. to the Client on an "as is" and "as available" basis and no warranty or representation (express or implied) of any kind are given in connection with the Agreement including as to satisfactory quality and fitness for a particular purpose. In particular, Global Host Centre Ltd. gives no warranty or representation that:

4.2.1 the Services will meet the Client's requirements;

4.2.2 the Services will be provided on an uninterrupted, timely, secure or error-free basis; or

4.2.3 any results obtained from use of the Services will be accurate, complete or current.

4.3 Global Host Centre Ltd. warrants that it will provide the Services with reasonable care and skill. Global Host Centre Ltd. will not be liable for a breach of such warranty unless the Client notifies Global Host Centre Ltd. in writing of such failure within 14 days of the Client becoming aware of the failure.

4.4 If the Client makes a valid claim against Global Host Centre Ltd. based on a failure by Global Host Centre Ltd. to comply with the warranty set out in clause 4.3 Global Host Centre Ltd. may, at its option, take such steps as it deems necessary to remedy such failure or refund such part of the Fees as relates to such Services, provided that the liability of Global Host Centre Ltd. under such warranty will in no event exceed one and a quarter times the amount of the Fees paid to Global Host Centre Ltd. by the Client (excluding VAT and expenses) in the 12 month period prior to the date on which the Client makes the claim. If Global Host Centre Ltd. complies with this clause, it will have no further liability for a breach of the said warranty.

4.5 Global Host Centre Ltd. Customer Services must be contacted via the appropriate method. Global Host Centre Ltd. shall respond via the same medium the Client contacted Global Host Centre Ltd., within a reasonable time. In regards to complaints relating to abusive registration or hosting Clients agree to contact Global Host Centre Ltd. in writing at This email address is being protected from spambots. You need JavaScript enabled to view it.. Global Host Centre Ltd. shall endeavour to respond to such matters within 28 days of receipt of the complaint. All other complaints shall follow the Global Host Centre Ltd. Complaints and Appeals Procedure.

5. Client’s Obligations

5.1 The Client agrees that it will:

5.1.1 immediately notify Global Host Centre Ltd. on becoming aware of any unauthorised use of all or any of the Services and/or relevant part of the Client System;

5.1.2 not use the Services, Ancillary Systems and/or Client System or allow them to be used for any unlawful purpose or for the publication, linking to, issue or display of any unlawful material (including any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights including Intellectual Property Rights of any third party or which is or encourages criminal acts or contains any virus, worm, Trojan horse or other harmful code) whether under English law or regulation, the laws or regulations of the Client's country or any other place where the results of such purpose or the material in question can be accessed;

5.1.3 not use the Services, Ancillary Systems and/or Client System or allow them to be used for the publication, web forwarding, linking to issue of or display of any material which in the absolute discretion of Global Host Centre Ltd. may harm Global Host Centre Ltd. or any of its Associated Companies or clients or bring Global Host Centre Ltd. into disrepute or which calls into question any action taken by Global Host Centre Ltd. on the Client's behalf;

5.1.4 not use the Services, Ancillary Systems and/or Client System or allow them to be used in breach of good Netiquette practices;

5.1.5 remove or prevent access to any material hosted on any of the Equipment and/or Client System which causes or is likely to cause the Client to be in breach of the Agreement;

5.1.6 ensure that it has all necessary consents, permissions and licences to make use of the Services including registration and appropriate consents and approvals under the Data Protection Act 1998;

5.1.7 not provide any technical or other information obtained from Global Host Centre Ltd. and/or relating to the Services to any person which the Client is aware or ought reasonably be aware may directly or indirectly lead to a breach of any law or regulation;

5.1.8 not, in breach of good Netiquette practices, use any service provided by any third party (including an internet web site and/or email) for the publication, linking to, issue or display of any material which refers to an internet web site hosted by Global Host Centre Ltd. or any other products or services offered by Global Host Centre Ltd. from time to time without Global Host Centre Ltd. prior written consent;

5.1.9 ensure that all material or data hosted by Global Host Centre Ltd. on any web site operated by the Client from time to time or communicated through such site or using the Client System is checked for viruses and other harmful code and has appropriate security patches applied;

5.1.10 save as provided in any Order Confirmation, be responsible for keeping regular and full back ups of all material and data hosted by Global Host Centre Ltd. on any web site or other system operated by the Client from time to time including the Client System and/or Ancillary Systems;

5.1.11 comply with any security policy notified to it from time to time by Global Host Centre Ltd. and, in particular, ensure that all passwords and user names provided to it by Global Host Centre Ltd. are at all times kept confidential, used properly and not disclosed to unauthorised people. If the Client has any reason to believe that any password or user name has become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way or of any other breach of security then the Client will inform Global Host Centre Ltd. immediately;

5.1.12 independently monitor its bandwidth in relation to the use of Services and report to Global Host Centre Ltd. any use of bandwidth over and above those agreed or stipulated levels as detailed on the Global Host Centre Ltd. website at the time of purchase. Exceeding stipulated levels will incur additional fees as noted in clause 6.1.3;

5.1.13 be entirely liable for all activities conducted and charges incurred under its passwords and user names whether authorised by it or not and the Client acknowledges that Global Host Centre Ltd. shall not be liable for any loss of confidentiality or for any damages arising from the Client's inability to comply with these Conditions;

5.1.14 ensure that the Client obtains and maintains insurance over all parts of the Client System which are located on the premises of Global Host Centre Ltd. or any of its Associated Companies and to provide evidence that such insurance is in place, upon Global Host Centre Ltd. demand;

5.1.15 ensure that all communication details which it provides to Global Host Centre Ltd. are at all times true, current, accurate and complete. The Client will promptly notify Global Host Centre Ltd. of any change to such details within 7 days of the change and acknowledges that Global Host Centre Ltd. will not be liable for any loss suffered or incurred by the Client as a result of its failure to notify such changes to Global Host Centre Ltd.; and

5.1.16 ensure that its systems (including the Client System) meet any minimum system specifications notified to the Client from time to time.

5.1.17 read and abide (where applicable) to the following policies, specifications and materials: 

5.1.18 provide an active and monitored abuse@emailaddress on their website to allow Law Enforcement Agencies (LEA) to contact them if necessary.

5.2 The Client acknowledges that it has appropriate knowledge of how the internet functions, the systems and products provided to it in connection with the Agreement and what types of use and content are and are not acceptable, some of which are referred to in clause 5.1.2. The Client acknowledges that Global Host Centre Ltd. shall have no obligation to:

5.2.1 train the Client or its staff on its use of the Services or any Ancillary System;

5.2.2 manipulate any material which the Client wishes to and/or does post on any web site or other system it operates (including any Client System) or any communication which it issues or sends in connection with any Services; or

5.2.3 validate, vet or edit such material for usability, legality, content or correctness.

The Client also acknowledges that the services and products provided by Global Host Centre Ltd. are standard packages which are not tailored to specific requirements of the Client, unless confirmed in writing by Global Host Centre Ltd. to the contrary.

5.3 The Client will promptly provide to Global Host Centre Ltd. and/or its consultants, employees and agents such information and assistance as they may reasonably require in order to be able to carry out the Services and, where relevant, deliver and install any Ancillary Systems.

5.4 The Client will procure all necessary rights from third parties (including intellectual property licences of computer software and website content including but not limited to ringtones, and music and any other relevant media which are from time to time required in order for Global Host Centre Ltd. to be able legally to provide the Services.

5.5 If, in Global Host Centre Ltd. opinion, the Client is in breach of the provisions of clauses 5.1.2 to 5.1.4 then Global Host Centre Ltd. may without prejudice to its other rights and remedies immediately by written notice to the Client:

5.5.1 suspend provision of the Services;

5.5.2 terminate the Agreement.

Global Host Centre Ltd. may also notify appropriate public authorities (governmental or otherwise including the police or other enforcement authority) of any such breach, where it deems necessary.

5.6 Where as part of the Services the Client is entitled (having obtained Global Host Centre Ltd. prior written consent) to resell the whole or any part of the Services to a third party then the Client will:

5.6.1 procure such third party's compliance with and acceptance of these Conditions;

5.6.2 be fully responsible for the acts and omissions of any such third party; and

5.6.3 indemnify Global Host Centre Ltd. for any losses it suffers as a result of such acts or omissions.

5.7 The Client acknowledges and understands that it is required to comply with PCI DSS. The Client is responsible to encrypt sensitive data using appropriate methods. For further details on PCI DSS Compliance and the Client's responsibilities in upholding the standard they need to contact the PCI Security Standards Council.

5.8 The Client is required to provide the following details when purchasing WHOIS Privacy:

a. The first and last legal name of the registered domain name owner;

b. The names of the primary name server and secondary name server(s) for the Registered Name;

c. The identity of Registrant including Registrant’s telephone and fax numbers (including any relevant extension numbers) and email address;

d. The original creation date of the registration;

e. The expiration date of the registration;

f. The name and postal address of the Registered Domain name Holder;

g. The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name;

h. The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name;

i. The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the billing contact for the Registered Name.

6. Payment Terms

6.1 The Fees are payable to Global Host Centre Ltd. subject to the following conditions:

6.1.1 Fees payable monthly or yearly will be paid in advance and will not be refundable in whole or part if the Agreement or relevant part is terminated during the period to which the payment relates;

6.1.2 any set up fee will (unless stated to be included within later payments) be payable immediately;

6.1.3 additional Fees will become payable if the Client exceeds agreed or stipulated bandwidth use levels. In the event that the Client's monthly data allowance exceeds that specified in the service paid for, Global Host Centre Ltd. do not prevent any further data usage. Instead, customers will be charged the standard rate of £3.50 + VAT at 20% per Gigabyte of additional data used. It is the responsibility of Clients to maintain and monitor their own data usage and no notifications will be sent by Global Host Centre Ltd. in this regard. Clients should be advised that the current quoted rate is subject to change without notice.

6.2 Any total sum for the fees set out in an Order Confirmation is (unless stated in the Order Confirmation to be a fixed and firm amount) an estimate of the fees only and not a fixed price quotation.

6.3 Any sums payable by the Client to Global Host Centre Ltd. under the Agreement are exclusive of value added tax or any similar taxes, levies or duties, which will be added to such sums and be payable by the Client at the appropriate rate.

6.4 The Client agrees to pay Global Host Centre Ltd. invoices within 7 days of invoice due date. If invoices are not settled in full by then, the Client will without prejudice to its other rights and remedies (including the right to suspend the Services under clause 3.8.3) be liable to pay interest on any sum outstanding from the due date for payment at the annual rate of 6% above the base lending rate from time to time of Barclays Bank plc accruing on a daily basis until payment is made whether before or after any judgment.

6.5 All sums payable to Global Host Centre Ltd. under the Agreement must be paid in full with no set off or deduction.

6.6 Global Host Centre Ltd. has a general and particular lien over the Client System until all claims and money payable by the Client to Global Host Centre Ltd. on any account whatsoever have been received in full clear funds.

6.7 Global Host Centre Ltd. may make a search in relation to the Client with a credit reference agency (and make other credit enquiries from time to time), keep a record of that search and enquiries, and share that information with third parties. Global Host Centre Ltd. may also make enquiries about the principle directors/proprietors of the Client with a credit reference agency.

6.8 Where the Client authorises payment of any of the Fees by credit and or debit card then Global Host Centre Ltd. may deduct other amounts becoming payable to it under the Agreement from that credit or debit card without obtaining additional authorisation from the Client. For the avoidance of all doubt the Client must have an active credit or debit card stored on Global Host Centre Ltd.'s systems for the duration of the Agreement.

6.9 Without prejudice to any other of its rights and remedies, Global Host Centre Ltd. will be entitled to remove the Client's data from its systems and any Equipment and/or put the Equipment to any use other than the Client's if any amount due under the Agreement is not paid within 14 days of its due date for payment. Global Host Centre Ltd. is not required to back up such data or return the same to the Client prior to any such removal or following termination of the Agreement.

6.10 Global Host Centre Ltd. will not refund to the Client the cost of registering a domain name after the Client has submitted the application form for a domain name and it has been registered with the appropriate registrar. This is due to the bespoke nature of domain names.

6.11 Credit and Vouchers

6.11.1 Credit and/or vouchers may be provided to Customers as an alternative resolution to a matter or for any other reason, at the discretion of Global Host Centre Ltd.

6.11.2 Credit and vouchers are non-refundable and may not be exchanged for cash or redeemed against the purchase of another voucher.

6.11.3 Global Host Centre Ltd. will not accept liability if the credit or voucher has been lost, stolen, destroyed or used without the Customer's consent. Global Host Centre Ltd. will not replace the credit or voucher or any remaining balance outstanding on the credit or voucher.

6.11.4 Resale, trade, sale or reproduction of a Global Host Centre Ltd. credit or voucher is prohibited. Any attempt to carry out this act may potentially void the credit or voucher at Global Host Centre Ltd. discretion.

6.11.5 If the full amount of the credit or voucher is not redeemed in one transaction, the remaining balance will be credited to the Customer in a further creditor voucher.

6.11.6 Global Host Centre Ltd. credit or vouchers may be used to purchase goods or services of a higher price than the face value of the credit or voucher upon payment of the difference in value.

6.11.7 Global Host Centre Ltd. credit or vouchers will remain valid for a period of 12 months only from the date of issue. Any unused credit or voucher will be void upon the expiry of this period.

6.12 Continuous Payment Authorities (CPA)

6.12.1 The Client acknowledges and understands that Global Host Centre Ltd. shall presume that the Client accepted and permitted Global Host Centre Ltd. to store their card details to make regular payments with the same card unless the Client expressly requests that Global Host Centre Ltd. do not store their card details. Clients accept that removing card details may result in their services not renewing with Global Host Centre Ltd.

6.12.2 Global Host Centre Ltd. agrees to notify the Client when the payment will be taken, whether the payment will be taken from the card on a monthly or yearly basis and the amount to be credited each time.

6.12.3 If the Client purchases a Service online, Global Host Centre Ltd. shall display the confirmation during the order process on the website and send a confirmation email to the Client. If the Client purchases a Service on the telephone, Global Host Centre Ltd. shall confirm the purchase on the telephone and send a confirmation email to the Client.

6.12.4 Global Host Centre Ltd. reserves the right to take the payment from the Client’s stored card at any time other than the agreed date, if they have reason to believe that the payment is due and owing. Global Host Centre Ltd. reserves the right to take a different amount than what was originally agreed, in circumstances where several invoices have built up over a period of time or reminder fees have been added to the overall outstanding balance due to the Client’s late payment.

6.12.5 The Client agrees that the CPA authorises Global Host Centre Ltd. to make payment changes and any other changes where Global Host Centre Ltd. believe it is necessary in accordance with the agreement. Global Host Centre Ltd. will endeavour to notify the Client of any changes before they take effect in writing.

6.12.6 Global Host Centre Ltd. shall in accordance with the CPA agreement provide the Client with the order confirmation for any services purchased. The Client accepts that Global Host Centre Ltd. will send an automated email to the Client each time a payment has been taken from the card. This will constitute as a summary and confirmation of the payment.

6.12.7 The Client acknowledges that any Services purchased through Global Host Centre Ltd.  will be displayed on the Clients bank statement as Global Host Centre Ltd.  and any Services purchased through Global Host Centre Ltd.  trading as Global Host Centre Ltd. will be displayed on the clients bank statement as the brand name of Global Host Centre Ltd..

6.12.8 The Client can amend the CPA details at any time by contacting the Customer Accounts Team on 02030020050.

6.12.9 The Client acknowledges that Your CPA Agreement will be on going until the Client expressly requests to change or cancel the payment method used for the Services. The Client may at their sole discretion, choose what method they use to pay for the Services. Global Host Centre Ltd. will not charge the Client a Fee to cancel the CPA, however, the Client may incur a Fee if they fail to pay for the Services thereafter.

6.12.10 The Client acknowledges that the Services or account will not be cancelled if the CPA Agreement is cancelled. The Client agrees to continue to pay for the Services in accordance with the general terms and conditions.

6.12.11 Further and in addition to clause 6.12.10 above Global Host Centre Ltd. reserve the right to cancel the Client’s CPA Agreement if Global Host Centre Ltd. is no longer able to take payment from the stored card, however, the Client may set up another CPA agreement at the sole discretion of Global Host Centre Ltd..

6.13 Clients acknowledge and accept that any request for an IPS tag change is subject to additional fees which are non-refundable. Until these fees are paid and received the IPS tag cannot be changed.

7. Confidential Information

7.1 Each party will (unless contrary to law):

7.1.1 keep confidential all information obtained from the other under or in connection with the Agreement ("Information");

7.1.2 not disclose any Information to any third party without the prior written consent of the other except to such persons and to such extent as may be strictly necessary for the performance of the Agreement;

7.1.3 not use any Information otherwise than for the purposes of the Agreement.

7.2 The provisions of clause 7.1 do not apply to Information which:

7.2.1 is or becomes public knowledge (otherwise than by breach of this clause); or

7.2.2 was in the possession of the party concerned without restriction as to its disclosure before receiving it from the disclosing party; or

7.2.3 is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

and nothing in this clause 7 prevents either party from disclosing any Information for a proper purpose to a public authority or any regulatory body, or to a court of law in the United Kingdom or elsewhere in legal proceedings, or to its senior management, its auditors, bankers, lawyers or other professional advisers.

7.3 The provisions of this clause 7 will continue to apply notwithstanding termination of the Agreement.

7.4 The Client, by entering into the Agreement, consents to Global Host Centre Ltd. sending to the Client by whatever means Global Host Centre Ltd. deems appropriate (whether by email or otherwise) information concerning new products and other services that Global Host Centre Ltd. and its Associated Companies may from time to time offer. The Client may elect to opt out to this communication by unsubscribing at the bottom of the marketing email or otherwise.

8. Intellectual Property

8.1 The Client acknowledges and agrees that it will not own or acquire ownership of any Intellectual Property Rights in or relating to the Services or created in performing the Services and that it will have no rights in or to the Services other than the rights expressly granted by the Agreement.

8.2 The Client will indemnify and keep Global Host Centre Ltd. indemnified from and against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, losses, damages, claims, demands, legal costs (on a full indemnity basis) and judgments which Global Host Centre Ltd. incurs or suffers as a consequence of infringement of any Intellectual Property Right of any third party arising directly or indirectly from:

8.2.1 the provision by Global Host Centre Ltd. of Services making use of information or specifications supplied by the Client;

8.2.2 the Client's failure to procure all necessary rights from third parties which are from time to time required in order for Global Host Centre Ltd. to be able legally to provide the Services; or

8.2.3 the use by Global Host Centre Ltd. in connection with the Agreement of the Client System and the Client Materials.

8.3 No Intellectual Property Rights created or acquired by Global Host Centre Ltd. will transfer or be assigned to the Client unless Global Host Centre Ltd. and the Client have signed a written assignment document to that effect.

8.4 The Client shall keep the Ancillary Systems in good condition during the continuance of the Agreement and free of all charges, liens and encumbrances and protect it from any and all judicial process.

9. Liability

9.1 The provisions of this clause 9 and the provisions of clauses 4 and 24 set out the entire liability of Global Host Centre Ltd.(including any liability for the acts or omissions of its consultants, employees, agents and authorised representatives) to the Client in respect of:

9.1.1 any breach of the Agreement; and

9.1.2 any representation, statement or tortuous act or omission including negligence arising under or in connection with the Agreement.

9.2 Nothing in the Agreement excludes or limits the liability of Global Host Centre Ltd. for death or personal injury caused by the negligence of Global Host Centre Ltd., fraud or a breach of section 12 of the Sale of Goods Act 1979.

9.3 Subject to clauses 9.2 Global Host Centre Ltd. will not be liable to the Client in contract, tort, misrepresentation or otherwise (including negligence), for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever, or for any loss of profit, loss of business, loss of contract, loss of revenue, depletion of goodwill or otherwise (whether direct or indirect), and whether or not caused by the negligence of Global Host Centre Ltd. or its employees, agents or authorised representatives, which arises out of or in connection with the Agreement is limited to:

9.3.1 £500 per breach for loss of or damage to tangible property; and

9.3.2 for any other kind of loss, one and a quarter times the amount of sums paid by the Client to Global Host Centre Ltd. pursuant to the Agreement (excluding VAT and expenses) during the preceding 12 month period.

9.4 The Client acknowledges that the allocation of risk in the Agreement reflects the price paid for the Services and that it is not within the control of Global Host Centre Ltd. how or for what purposes they are used.

9.5 Where the Client accesses Global Host Centre Ltd. services from locations outside the UK, the Client does so, on the Client's own initiative and is responsible for compliance with all and any applicable local laws.

10. Client Indemnity

The Client will fully indemnify and keep Global Host Centre Ltd. and its Associated Companies, officers, partners, employees and agents 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 it and arising from any of the following:

10.1 the Client's breach of the Agreement, negligence or other default;

10.2 the operation or break down of any IT systems owned or used by the Client including the Client System but not the Equipment; or

10.3 the Client's use or misuse of the Services.

11. Force Majeure

Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of Global Host Centre Ltd. or the Client, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.

12. Term and Termination

Without prejudice to the remaining provisions of this clause 12 and any other rights and remedies available to Global Host Centre Ltd.:

12.1 Global Host Centre Ltd. will provide the Services for the period of 12 months from the date of the relevant Order Confirmation or, where different, any other period of supply stated on the Order Confirmation (such period being termed the "Initial Period") and will continue beyond that period, subject to termination by:

12.1.1 the Client upon serving 30 days' written notice on Global Host Centre Ltd. following completion of Global Host Centre Ltd.' prescribed template procedures for terminating the whole or any part of the Agreement (details of which can be obtained from Global Host Centre Ltd.' Customer Services Team); or

12.1.2 Global Host Centre Ltd. serving 30 days' written notice on the Client to expire at any time after the Initial Period.

12.2 Global Host Centre Ltd. may immediately terminate the Agreement (or at its option, any part of it) by notice in writing to the Client if the Client fails to pay to Global Host Centre Ltd. any sum due under the Agreement on the due date for payment.

12.3 Either party may terminate the Agreement (or, at its option, any part of it) forthwith by notice in writing serving 30 days to the other if the other party:

12.3.1 is in material breach of the Agreement and fails (where the breach is capable of remedy) to remedy the breach within 30 days of the receipt of a request in writing to remedy the breach, such request setting out the breach and indicating that failure to remedy the breach may result in termination of the Agreement;

12.3.2 becomes the subject of a voluntary arrangement under section 1 of the Insolvency Act 1986;

12.3.3 is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;

12.3.4 has a receiver, manager, administrator or administrative receiver appointed over all or any parts of its undertaking, assets or income, has passed a resolution for its winding-up, or has a petition presented to any court for its winding-up or for an administration order; or

12.3.5 has ceased or threatened to cease to trade.

12.4 Clients that have purchased the Services as Consumers have the right to cancel the Agreement within 14 days at no additional cost from either (a) the date the contract is formed; or (b) the date that the Client receives confirmation that the contract is formed from Global Host Centre Ltd. or whichever is the later. For the purposes of this clause, the date the contract is formed shall be the date that the Client presses the 'Order' button thereby granting consent that the Service commences.

12.4.1 The Client can exercise their right to cancel by contacting Global Host Centre Ltd. through our support site.

12.4.2 The Client will no longer have the right detailed in clause 12.4 when, Global Host Centre Ltd. has commenced the Service with the Client's consent. For the purposes of this clause the Client's consent will be deemed to be given upon the Client pressing the 'Order' button.

12.4.3 If you do not wish to waive these rights, then Global Host Centre Ltd. will be unable to commence the Service until the end of the relevant cooling off period which is 14 days.

13. Consequences of Termination

13.1 Termination of the Agreement is without prejudice to the rights and duties of either party accrued prior to termination.

13.2 The clauses of the Agreement which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination.

13.3 Global Host Centre Ltd. will without notice remove the Client's data from its systems and any Equipment following termination. For the purposes of this clause, the date of termination will be either the date that Global Host Centre Ltd. receives authorisation from the Client instructing cancellation of account or the date of expiry of notice of termination served in accordance with these Conditions.

13.4 Upon termination of the Agreement, the Client will forthwith:

13.4.1 cease to use the Software, Equipment and Services;

13.4.2 erase the Software from the Client System and certify to Global Host Centre Ltd. that this has been done;

13.4.3 return to Global Host Centre Ltd. any hardware or other equipment loaned to the Client in connection with the Services or any other materials and equipment owned by Global Host Centre Ltd.; and

13.4.4 pay all outstanding invoices raised by Global Host Centre Ltd. pursuant to the Agreement and pay for all work in progress not previously paid for on a reasonable pro-rata basis (subject to receipt of an invoice for the same from Global Host Centre Ltd.).

13.5 In the event of termination of the Agreement by the Client part way through the Initial Period, the Client remains obliged to pay for Services comprising the provision of dedicated server hosting for the remainder of that period.

13.6 Where following termination, Global Host Centre Ltd. is unable to cancel any registration of a domain name registered on behalf of the Client, it may levy a minimum charge to cover the cost of the domain registration fee. For the avoidance of all doubt Global Host Centre Ltd. will not refund to the Client the cost of registering a domain name after the Client has submitted a domain name application form, provided that the domain name has been registered with the appropriate registrar. This is due to the bespoke nature of domain names.

13.7 Where the Client services include the purchase of licensing for software by Global Host Centre Ltd. on behalf of the client, in the event of termination of the agreement by the client, Global Host Centre Ltd. are unable to refund any proportion of the software and/or licensing fees incurred.

13.8 Upon registration of a domain name the Client must set up the domain to point to a name server/IP address of their choice. In the event that the Client fails to point the domain to a name server/IP address of their choice Global Host Centre Ltd. may at its discretion point the domain to a Global Host Centre Ltd. IP address displaying the Global Host Centre Ltd. holding page. Clients accept that this page may contain Global Host Centre Ltd. advertisements/marketing material.

14. Severability

The illegality, invalidity or unenforceability of any provision of the Agreement will not affect the legality, validity or enforceability of the remainder. If any such provision is found by any court or competent authority to be illegal, invalid or unenforceable, the parties agree that they will substitute provisions in a form as similar to the offending provisions as is possible without thereby rendering them illegal, invalid or unenforceable.

15. Waiver

15.1 The failure or delay by either party in exercising any right, power or remedy of that party under the Agreement will not in any circumstance impair such right, power or remedy nor operate as a waiver of it. The single or partial exercise by either party of any right, power or remedy under the Agreement will not in any circumstance preclude any other or further exercise of it or the exercise of any other right, power or remedy.

15.2 Any waiver by either party of a breach of or default under any of the terms of the Agreement by the other party is not deemed a waiver of any subsequent breach or default and in no way affects the other terms of the Agreement.

16. Assignment and Subcontracting

The Client may not assign the benefit or delegate the burden of the Agreement nor sub-license any of its rights under the Agreement (including to its Associated Company) without the prior written consent of Global Host Centre Ltd. Any consent provided by Global Host Centre Ltd. under this clause is given on condition that the assignee or licensee, as the case may be, agrees to comply with the terms of the Agreement as if they were the Client. Global Host Centre Ltd. may sub-contract or assign any or all of its rights and obligations under the Agreement.

17. Amendments

No variation or amendment to the Agreement (including any Order Confirmation) is effective unless agreed in writing and signed by an authorised representative of Global Host Centre Ltd.

18. Notices

Any notice to be given or made by either party under or in connection with the Agreement must be in writing and given or made to the other party at its address stated in the Order Form or to such other address as either party may from time to time notify to the other. Every notice, if so addressed, is deemed to have been duly given or made, if delivered by hand, upon delivery at the address of the relevant party, if sent by prepaid first class post, two Business Days after the date of posting and if transmitted by facsimile, at the time of transmission (provided a confirmatory letter is sent by prepaid first class post) provided that, where, in accordance with the above provisions, any notice would otherwise be deemed to be given or made on a day which is not a Business Day or after 4.00 p.m. on a Business Day, such notice shall be deemed to be given or made at 9.00 a.m. on the next Business Day. Global Host Centre Ltd. may additionally serve notice on the Client under or in connection with the Agreement by email to the Client by sending an email to the contact email address stated on the Order Confirmation(s),and in such a case the email will be deemed sent once transmitted from Global Host Centre Ltd.'s email server.

19. Applicable Law and Jurisdiction

The construction, performance and validity of the Agreement will be governed by English law and the English courts have jurisdiction to settle any disputes which may arise out of or in connection with it.

Part 2: Ancillary Systems Supply

20. Provision of Software

20.1 In these Conditions, the following expressions will have the following meanings, unless inconsistent with the context:

20.2 In consideration of payment by the Client of the Fees, Global Host Centre Ltd. will supply to the Client one copy of the Software and Third Party Software in object code form.

20.3 Global Host Centre Ltd. grants to the Client the non-exclusive, non-transferable right to Use the Software for so long as the relevant Services continue to be provided subject to the remaining terms of these Conditions.

21. Client's Undertakings

The Client undertakes:

21.1 to maintain accurate and up-to-date records of the number and locations of all copies of the Software;

21.2 to take good care of the Ancillary Systems; and

21.3 not to provide or otherwise make available the Software in whole or in part (including program listings, object and source program listings, object code and source code) in any form to any person other than the Client's employees without the prior written consent of Global Host Centre Ltd.

22. Copying

The Client may make only so many copies of the Software as are reasonably necessary for operational security and to Use the Software. Such copies and the media on which they are stored will remain the property of Global Host Centre Ltd., and the Client will ensure that all such copies bear Global Host Centre Ltd.' proprietary notices. The provisions of Part 2 of these Conditions will apply to such copies as it applies to the Software.

23. Alterations

23.1 Except to the extent and in the circumstances expressly required to be permitted by Global Host Centre Ltd. by law, the Client may not:

23.1.1 alter, modify, adapt or translate the whole or any part of the program listings, object and source program listings, object code or source code in the Software in any way whatsoever;

23.1.2 permit the whole or any part of the Software to be combined with or become incorporated in any other computer programs; or

23.1.3 decompile, disassemble or reverse engineer the Software;

nor attempt to do any of these things.

23.2 To the extent that the law applicable to the Agreement grants the Client the right to decompile the Software in order to obtain information necessary to render the Software interoperable with other computer programs used by the Client, Global Host Centre Ltd. undertakes to make that information readily available to the Client. Global Host Centre Ltd. may impose reasonable conditions (including a reasonable fee) for doing so. In order to ensure that the Client receives the appropriate information, the Client must first give to Global Host Centre Ltd. sufficient details of the Client's objectives and the other computer programs concerned.

24. Performance

24.1 The Client acknowledges that:

24.1.1 software in general is not error-free, and agrees that the existence of such errors will not constitute a breach of the Agreement; and

24.1.2 the Ancillary Systems will operate only in conjunction with the Client System and other operating systems that may be notified by Global Host Centre Ltd. in writing from time to time.

24.2 Global Host Centre Ltd. will use its reasonable endeavours to check the Software for the most commonly known viruses prior to delivery to the Client. However, the Client is solely responsible for virus scanning the Software and Global Host Centre Ltd. gives no warranty that the Software will be free from viruses.

24.3 Global Host Centre Ltd. warrants that (subject to the other provisions of the Agreement) the Ancillary Systems will as at delivery be free from material errors which prevent the Client's use of the Services and conform in all material respects with any applicable specification agreed in writing between the Client and Global Host Centre Ltd.. Global Host Centre Ltd. will not be liable for a breach of this warranty:

24.3.1 if the error in question has been caused by any modification, variation or addition to any part of the Ancillary Systems not performed by Global Host Centre Ltd., their incorrect use by the Client, or use with or in connection with systems with which they are incompatible; or

24.3.2 where the Client does not notify Global Host Centre Ltd. in writing of a failure within 14 days of becoming aware of the same.

24.4 If the Client makes a valid claim against Global Host Centre Ltd. based on the failure by Global Host Centre Ltd. to comply with the warranty set out in clause 24.3, Global Host Centre Ltd. will at its option take such steps as it deems necessary to remedy such failure or refund such part of the Fees as relates to the defective Ancillary Systems.

24.5 If Global Host Centre Ltd. complies with clause 24.4 it will have no further liability for a breach of the warranty set out in clause 24.3.

25. Third Party Software and Services

Any Third Party Software is supplied to the Client on the basis of the relevant third party's standard licence terms provided to the Client with the relevant Third Party Software and with which the Client agrees to comply.

 

 

Part 3 - Support Services

26. Provision of Support Services

26.1 Global Host Centre Ltd. will provide the Support Services to the Client upon the terms and conditions set out in this Part 3 and Part 1 of these Conditions.

26.2 Global Host Centre Ltd. will only be obliged to provide the Support Services during Support Hours.

26.3 The obligation of Global Host Centre Ltd. to provide Support Services will not extend to:

26.3.1 rectification of lost or corrupted data;

26.3.2 Ancillary Systems altered, modified or varied by those other than Global Host Centre Ltd.;

26.3.3 attendance to faults arising from the Client's failure to comply with Global Host Centre Ltd.'s instructions with regard to the use of the Services or any documentation or manuals provided by Global Host Centre Ltd., or operator error or omission; or

26.3.4 attendance to faults attributable to the use or interaction of an Ancillary System with other software or systems with which it is not compatible.

26.3.5 Global Host Centre Ltd. will charge its standard employee charge out rates (as published from time to time by Global Host Centre Ltd., depended on the level expertise required) in addition to the Fees for the carrying out any remedial work described in clauses 26.3.1 to 26.

26.4 Global Host Centre Ltd. will use its reasonable endeavours to provide the Support Services during Support Hours.

26.5 Scope of Support Services

26.6 Global Host Centre Ltd. will at no additional charge to the Client, initially install the standard operating system Software on to the Client System or, where appropriate, the Equipment. Any re-install will incur a charge, such charge will be detailed on the Global Host Centre Ltd. website.

26.7 Global Host Centre Ltd. will operate a helpline service to assist the Client and its staff in relation to the Client's use of the Services and the identification and correction of Defects. Assistance via this helpline service may be requested by the Client and provided by Global Host Centre Ltd., by telephone, e-mail or helpdesk ticket system provided by Global Host Centre Ltd.. The helpline service will be obtained by telephoning and or, e-mailing such numbers or addresses or logging into such ticketing systems, as are notified by Global Host Centre Ltd. from time to time. For the avoidance of all doubt the helpline service can only be obtained by using the preceding methods of contact. Any other method applied or used by the Client or its staff shall not be deemed as a request for assistance and Global Host Centre Ltd. may at its sole discretion choose not to answer such a request.

26.8 If a Defect occurs, the following procedure will be followed:

26.8.1 the Client will notify Global Host Centre Ltd. of the Defect and provide such information and assistance as Global Host Centre Ltd. reasonably requires in connection with such Defect; and

26.8.2 Global Host Centre Ltd. will analyse the Defect and use its reasonable endeavours to rectify the Defect in question or propose a solution in connection with the same and of being notified of the same under clause 27.6.

Part 4 - Domain Services

27. Service Provision

27.1 Global Host Centre Ltd. will provide the Domain Services to the Client upon the terms and conditions set out in this Part 4 and Part 1 of these Conditions.

27.2 The Client undertakes and warrants to Global Host Centre Ltd. that the registration of any domain name requested by it (a "Requested Domain"):

27.2.1 and the manner in which it is to be directly or indirectly used will not infringe any third party rights; and

27.2.2 is not being made in bad faith or could be considered to be an abusive registration under the ICANN or Nominet dispute resolution policies, whichever is appropriate.

The Client also confirms and warrants that any Requested Domain will at no time whatsoever be used for any unlawful purpose.

27.3 The Client acknowledges that, whilst Global Host Centre Ltd. will use its reasonable endeavours to register a Requested Domain, Global Host Centre Ltd. will not be obliged to accept any request to register or continue to process any registration of a Requested Domain where such a Requested Domain has not been capable of registration.

27.4 The Domain Services are limited to forwarding the application submitted by the Client for registration with the relevant naming authority. For the avoidance of all doubt it shall remain the sole responsibility of the Client to verify if the Requested Domain has been successfully registered with the appropriate authority. Upon successful registration, Global Host Centre Ltd. will use reasonable endeavours to notify the Client of any renewal dates; however Global Host Centre Ltd. accepts no liability for the loss of registration of any Domain that has failed to be renewed.

27.5 Global Host Centre Ltd. makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of registration of any Requested Domain. The Client acknowledges that Global Host Centre Ltd. cannot guarantee the reservation or registration of any Requested Domain and that the registration of such domain name will be subject to any registration requirements of the appropriate registry.

27.6 The Client will at all times comply with the terms and conditions (from time to time subsisting) applying to the registration of domain names published by the relevant naming authority (including the domain dispute resolution policy of that authority) and any other authority having similar force.

27.7 If the Client wishes to transfer ownership of a Requested Domain then it will procure that all necessary consents to that transfer are obtained and will by demand of Global Host Centre Ltd. deliver documentary evidence that all such consents have been obtained. The Client agrees that prior to transferring ownership of a Requested Domain to another person (the "Transferee"), the Client will procure that the Transferee agrees in writing to be bound by the terms of the Agreement. A Requested Domain will not be transferred until Global Host Centre Ltd. receives such written assurances as it requires that the Transferee is bound by the terms of the Agreement.

27.8 Global Host Centre Ltd. will not transfer ownership of a Requested Domain until all Fees attributable to the Domain Services which are due have been paid by the Client to Global Host Centre Ltd.

27.9 Global Host Centre Ltd. may from time to time change the registrar that a Requested Domain is held with, at its discretion and without notice to the Client.

27.10 The Client agrees and acknowledges that Global Host Centre Ltd. will make registration information provided by the Client in relation to the Requested Domain available to ICANN, Nominet or any other appropriate registration authority, the registry administrators, and other third parties as applicable laws may require or permit including the police or other enforcement authority. The Client further acknowledges that Global Host Centre Ltd. may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information provided, for purposes of inspection (such as through the WHOIS service) or other purposes as required or permitted by ICANN, Nominet and applicable law. The Client consents to any and all such disclosures, whether during or after the term of registration of the Requested Domain. The Client irrevocably waives any and all claims and causes of action arising from such disclosure or use of the domain name registration information by Global Host Centre Ltd..

27.11 Global Host Centre Ltd. will only allow a domain name owned or managed by the Client to be attached to the ISP tag of Global Host Centre Ltd. or any of its Associated Companies if the Client has an active hosting account with Global Host Centre Ltd. or one of its Associated Companies or is holding the domain name within a Global Host Centre Ltd. holding account.

 

Hosting Services

SERVER USE

Personal accounts are to be used by the primary owner only. Personal account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads and personal ads.

Global Host Centre Ltd. reserves the right to refuse service and/or access to its servers to anyone.

Global Host Centre Ltd. does not allow any of the following content to be stored on its servers:

Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.

Adult Material - We do not allow legal adult content.

Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

UNLIMITED USE POLICY

High bandwidth usage: Global Host Centre Ltd. offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Global Host Centre Ltd. may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Global Host Centre Ltd. reserves the right to impose the High Resource User Policy for the consideration of all customers.

HIGH RESOURCE USER POLICY

Resources are defined as bandwidth and/or processor utilization.

Global Host Centre Ltd. may implement the following policy to its sole discretion:

When a website is found to be monopolising the resources available Global Host Centre Ltd. reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Global Host Centre Ltd. continues hosting the website for an additional fee.

PAYMENT POLICIES

All accounts are set up on a prepay basis. Although Global Host Centre Ltd. reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of pre-payment. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be charged again at the end of their pre-pay period unless closure notification has already been given.

In situations where the card number on file is declined Global Host Centre Ltd. will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Global Host Centre Ltd. reserves the right to suspend other services until the outstanding debt is cleared. If payment is still outstanding after 60 days, Global Host Centre Ltd. reserves the right to terminate services with no additional warning. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.

No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made or can be printed from within the client area at any time. At this point the customer's card will be charged automatically.

INVOICING

Global Host Centre Ltd. does not utilize paper or hard-copy invoices. However we can fax a copy if need be. All invoices can be viewed from our client billing area and can be downloaded as a PDF file.

PAYMENT OPTIONS

In order to streamline our accounting procedures and keep costs down Global Host Centre Ltd. runs a limited number of payment options.

Credit / Debit Cards:
Global Host Centre Ltd. accepts most card types like Mastercard, Visa, Switch and Solo. We do not accept American Express.

Cheque Payment:
Please make cheques payable to Global Host Centre Ltd.

Bank Transfer:
Please send an email to accounts asking for our bank details.

30 DAY MONEY-BACK GUARANTEE

All Dedicated Hosting/Co-Location Hosting plans include a 30 day money back guarantee. If for any reason Global Host Centre Ltd. does not fulfil the contract (including SLA, TOS, AUP Policy), you will receive a full refund (minus additional labour fees, overages, and transaction fees). Cancellation must occur within 30 days of account activation. Refunds are only valid upon receiving a signed copy of the Cancellation contract.  Failure to provide the contract voids all money back guarantees. Global Host Centre Ltd. does not provide refunds based on company, personal finance problems or customer's failure to read the SLA, TOS, AUP, and IP Address Policies.

Not included are:

Domain Registrations

SSL Certificates

Any additional billable services carried out on servers.

No refunds are available after 30 days of account activation. 

Accounts cancelled/terminated by Global Host Centre Ltd. for violating our AIP or TOS do not qualify for the 30 day money-back guarantee.

CANCELLATION AND REFUNDS

Global Host Centre Ltd. reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Global Host Centre Ltd.' terms of service a refund will not be issued in the event of a cancellation.

Customers may cancel their account at any time. During the initial trial period customers who wish to cancel will be entitled to a full refund for their hosting fees. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.

Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund unless the service is cancelled by Global Host Centre Ltd. In addition some accounts incur set-up fees, these charges are also non-refundable.

HOW TO CANCEL YOUR ACCOUNT

Any request for cancellation must be processed by printing off a cancellation request form (http://www.GlobalHostCentre..com/Cancellation) and faxing or mailing it to Global Host Centre Ltd. with a signature included. Cancellations over the telephone or via informal email are not accepted. All cancellation requests should be made 24-48 hours prior to the renewal date of the service. Upon submitting a cancellation request your service will be disabled within 24-48 hours of its receipt by the Global Host Centre Ltd.

INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold Global Host Centre Ltd. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Global Host Centre Ltd. its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Global Host Centre Ltd. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Global Host Centre Ltd.' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Global Host Centre Ltd.' server.

DISCLAIMER

Global Host Centre Ltd. will not be responsible for any damages your business may suffer. Global Host Centre Ltd. makes no warranties of any kind, expressed or implied for services we provide. Global Host Centre Ltd. disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Global Host Centre Ltd. and its employees. Global Host Centre Ltd. reserves the right to revise its policies at any time.

Acceptable Use Policy

 

Overview

This Acceptable Use Policy (AUP) has been created by Global Host Centre Ltd. to promote the integrity, security and reliability of Global Host Centre Ltd.’s network, facilities, and customers.
Global Host Centre Ltd. reserves the sole right to modify this AUP at any time and in any way it deems necessary. Notification of changes or amendments to this document will be posted on this site.
This policy shall be effective upon the establishment of the Customer account and will remain binding until the cessation of services by either parties. Throughout the term of its Agreement with Global Host Centre Ltd., the Customer must ensure that the use of any service, product, or resource offered, owned, or controlled by Global Host Centre Ltd. conforms to Global Host Centre Ltd. current AUP as well as Global Host Centre Ltd. Terms and Conditions. The Customer will be held responsible for its use, its systems, the users of its systems and offerings, and, or any third-party use. These policies supersede any agreements previously made with Global Host Centre Ltd. be it written or oral. The use of Global Host Centre Ltd. products as well as the receipt of any payments made for services provided by Global Host Centre Ltd. constitutes the acceptance of this agreement as well as Global Host Centre Ltd. Terms and Conditions.

1. Acceptable Use:

In addition to the other requirements of this AUP, the Service may be used only in a manner that, in Global Host Centre Limited's sole discretion, is consistent with the purposes of such Service. Global Host Centre Limited's services are specifically designed for and can only be utilised for standard business use.

Customers should contact Global Host Centre Ltd. if unsure of whether any contemplated use or action is permitted.

1.1 The usage of Global Host Centre Ltd. services must comply with current laws and regulations;
1.2 Including but not limited to regulations pertaining to copyright, license agreements and patents
1.3 Must adhere to rules and regulations in Global Host Centre Limited's Terms and Conditions
1.4 Mail Services The following mail limits are designed to enable Global Host Centre Limited's mail server to operate at optimal efficiency therefore ensuring that all Global Host Centre Limited's clients receive the highest quality mail service possible.

a. Maximum Mailbox Size: 150 MB

All mailboxes will be capped at 150 MB per mail box.

b. Warning Message for mailbox quota: 140 MB

To ensure clients are aware that they are reaching the 150 MB limit. A warning message will be sent to clients once their mailboxes have reached 140MB. This will allow the client a chance to clear mail from the server.
c. Maximum Message Size: 40MB

The maximum size of a single message will be set to 40MB in line with the mailbox size. You will be able to receive a message up to 40960Kb provided you have adequate space on your mailbox.
d. Message Lifetime: 90 Days

In order to maintain the performance of our mail server guarantee new mail can be received as well as service standards mail left on the server for more than 90 days will automatically be deleted from the server.
1.5 Mail checking frequency, The maximum frequency of checking for new messages on the Global Host Centre Ltd. mail server should be no more than every 5 minutes. Our preferred frequency of checking mail is every 10 - 15 minutes. Our anti abuse system will block your IP for a set time if your mail checking frequency is too high.

2. Unacceptable Use:

By way of example, and not limitation, the following sections outline activities that are expressly prohibited. The Service shall not be used to post, transmit, re-transmit or store material which, in the judgment of Global Host Centre Ltd.: 

a. Violates local, state, federal, foreign, or International Law;

b. Could be considered threatening, obscene, indecent, defamatory, threatening or that otherwise could adversely affect any individual, group or entity. 

c. Deceptive or fraudulent practices. 

d. Any activity infringing on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents. Actions that restrict or inhibit any Person, whether a customer, Global Host Centre Ltd. or otherwise, in its use or enjoyment of any Global Host Centre Ltd. Service.

e. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

f. Sending unsolicited bulk messages (spam), via any means, including, but not limited to, email, instant messenger services, and newsgroup postings. Global Host Centre Ltd. reserves the right to determine in its sole discretion and based on the information available what constitutes spam as well as what measures are necessary in response to spamming complaints. Clients should be aware of the UK Spam Act 2003. More information can be viewed via the following link - http://spamlinks.net/legal.htm#eu-uk

g. Sending solicited bulk messages, including but not limited to, the utilisation of services not designed to manage this functionality or where the FROM or REPLY TO email address is managed by Global Host Centre Ltd. or any such actions which Global Host Centre Ltd. deems to potentially compromise or adversely affect service standards.

h. The engagement of Global Host Centre Ltd. services to promote deceptive and or illegal marketing practices, products or services.

i. In the case of the utilisation of Global Host Centre Limited's Online Services which operate in a shared environment, we specifically prohibit the use of these services for development purposes. Global Host Centre Limited's Online Services are designed specifically and should only be utilised for production purposes.

2.1 System and Network:

a. The deliberate transmission of computer viruses, worms, Trojan software, or other malicious programs.
b. Interfering with, disrupting, or denying service including, but not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g., denial of service attacks). 
c. Attempting to gain unauthorized entry to any site or network including, but not limited to, executing any form of network probing, monitoring or other information gathering on someone else's site or network. 
d. Attempting to circumvent host or user authentication or other security measures of any host, network or account. 
e. Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one's system by an unrelated third party, including, but not limited to, via open email gateways and open proxy servers. 
f. Manipulate or bypass Global Host Centre Ltd. Ltd. Limited's usage limits.

2.2 Mail Server Facilities:

a. Sending unsolicited mail messages.

b. Harassment including, but not limited to, language, frequency or size of messages. 

c. Unauthorized use, or forging, of mail header information. 

d. Solicitation of mail for any other E-mail address other than of the poster's account or service with the intent to harass or to collect replies. 

e. Creating or forwarding "chain letters" or other "schemes" of any type.

f. Use of unsolicited E-mail originating from within Global Host Centre Ltd. Ltd. Limited's network, or networks of other Internet Service Providers, on behalf of, or to advertise any service hosted by Global Host Centre Ltd. Ltd. Limited, or connected via Global Host Centre Ltd. Ltd. Limited's network. 
g. Infringement of mail service restrictions as outlined in Section 1.4 of this document.

2.3 Usenet Newsgroups:

a. Posting the same or similar messages to large numbers of Usenet newsgroup ("Newsgroup spam"). 
b. Posting excessive numbers of identical or similar messages to any number of Usenet newsgroups from Global Host Centre Limited's network or networks of other Internet Service Providers on behalf of, to advertise, any service hosted by Global Host Centre Ltd. or sites hosted within, or via Global Host Centre Limited's network. 
c. Posting chain letters of any type. 

d. Posting encoded binary files to newsgroups not named for that purpose.

e. Cancellation or superseding of posts other than your own. 

f. Forging of header information of the poster's account or service. 

3. Additional Obligations:

3.1 Bulk Email:

Bulk email must provide recipients with an easy and effective mechanism for removal from bulk email lists. The source of the addressee's address must be included in each bulk email message. Senders of bulk email must take effective steps to confirm that the actual owner of each email address on a list has agreed to receive bulk mailings from the sender before sending email to that list. Bulk Email facilities are catered for by Global Host Centre Limited's List Manager product. The utilization of mail server SMTP services for the use of sending bulk emails is expressly prohibited.

3.2 Service Resale:

Service or any portion of Service cannot be resold unless authorized by Global Host Centre Ltd. in an executed Reseller account. 

3.3 Password Protection:

The Customer is responsible for  protecting passwords and for any authorized or unauthorized use of its systems and/or networks. All actions resulted from passwords being compromised will remain the sole responsibility of the Customer.

3.4 Content Protection:

The Customer must provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material published via any Service.

3.5 Content Ownership:

The Customer is responsible for all content or information residing on, obtained or transmitted via the Service. 

3.6 Vulnerable Systems:

Global Host Centre Ltd. reserves the right, without prior notice, to perform vulnerability tests on systems residing on its IP address range, which may be allocated for Customer use. The purpose of such testing includes, but is not limited to, testing of mail servers or proxy servers for unrestricted third party relaying. Global Host Centre Ltd. will employ all reasonable efforts to ensure that such testing 

a. will be non-intrusive in nature, and

b. will not adversely affect Service provided to Customer or compromise the security of Customer's network.

The Customer is responsible for correcting any system vulnerability upon notification. Customer must terminate operations of a known compromised system. 

3.7 Service Provided Equipment:

Customer is responsible for any modification of, alteration to, or other tampering with any hardware provided with the Service. 

3.8 Backups:

It is the client's sole responsibility to ensure that they maintain regular backups of their data. However Global Host Centre Ltd. does backup all data and will restore files if lost due to Global Host Centre Ltd.'s actions. Global Host Centre Ltd. can restore files for the customers, however there will be a charge.

4. AUP Enforcement

Violation of this AUP may subject Customer to international, federal, and/or state civil and/or criminal liability. Customer activity that facilitates a violation of this AUP by any party constitutes a violation of this AUP by Customer. 
a. Global Host Centre Ltd. reserves the right to immediately, and without prior notice, filter, block, suspend, and/or terminate access to the Service at any time for any conduct that Global Host Centre Ltd. in its sole discretion, determines violates, or may violate, this AUP and/or Terms and Conditions or is otherwise harmful to Global Host Centre Limited's interests or the interests of others.

b. If access is terminated, Global Host Centre Ltd. in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete all or part of Customer's data stored on Service.

5. Third Party Complaint Process:

If Customer, or the public, wishes to notify Global Host Centre Ltd. of a potential violation of this AUP they should do so by sending an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.

Global Host Centre Ltd. will review such communication as quickly as possible and take action as deemed appropriate by Global Host Centre Ltd.

Supplemental Services – Office 365, Windows Azure, Hosted Exchange, Backup & Storage

Order of Prevalence

For the avoidance of doubt, these Supplemental Framework Services Terms are hereby incorporated into the Global Host Centre Ltd. Standard Terms and Conditions of Supply.  If there is any inconsistency between the provisions of these Supplemental Framework Services Terms and the Contract the provisions of these Supplemental Framework Services Terms shall prevail. 

The Customer hereby agrees to abide by and comply with these Supplemental Framework Services Terms at all times.

1. Definitions 

Definitions used in these Supplemental Framework Services Terms have the meaning given to them in the Contract unless the context otherwise requires. 

“End User” means the ultimate customer of the Customer. “Environment” means the End User’s hardware, network and operating systems and/or the premises where the Services are to take place. “Services” means the services to be provided by Global Host Centre Ltd. to the Customer under the terms of the SOW (as defined below) and “Service” shall be construed accordingly. “Service Provider” means the third party service provider the Company engages to provide the Services. “SOW” means the statement and scope of works agreed between the Service Provider and the End User upon which the Company will issue a quotation to the Customer for the Services to be executed.

2. Obligation to Provide Services 

2.1 Notwithstanding that Global Host Centre Ltd. may have given a detailed quotation no request for the provision of Services shall be binding on the Company unless and until it has been accepted in writing by Global Host Centre Ltd.. 

 

2.2 If the Service in question relates to the installation of equipment and/or software then the Company reserves the right to refuse or curtail such Service where the Environment fails to satisfy those requirements necessary for the installation as notified by Global Host Centre Ltd. to the Customer prior to the commencement of such Services.

 

3. Price and Payment 

3.1 The price payable for the Services shall be the fee as set out in the Quotation. In the case of the provision of Services over a period of time the price payable shall at the option of Global Host Centre Ltd. be the fee(s) current at the date of the provision of the Services in question unless otherwise expressly stated to be fixed for a period. 

3.2 As per clause 2.2 should the End User’s Environment be unsuitable so as to prevent the Service from being performed the Company reserves the right to charge the Customer the full fee for the Service.

 

4. Additional Costs 

4.1 The Customer agrees to pay for any loss or extra cost incurred by Global Host Centre Ltd. due to the Customer’s or End User’s instructions or lack of instructions or through failure or delay in taking delivery or through any act or default on the part of the Customer its servants or employees or the End User.

 

5. Conditions and Warranties Relating to Services 

5.1 The warranty in the Contract is Global Host Centre Ltd. only warranty relating to the Services and no other warranty or condition, terms of undertakings, statutory or otherwise, express of implied, will apply. 

5.2 The Company may assist the Customer to specify or choose Services but the assessment and selection of the Customer’s chosen Services for the Customer’s and End User’s purposes remains the Customer’s ultimate responsibility. Global Host Centre Ltd. undertakes only that in giving assistance it has acted in good faith and has not been wilfully misleading. 

5.3 If applicable, the Customer warrants that it will pass through any and all of the Service Provider’s terms and conditions (in an agreed form) to the End User.

6. Fair Usage Policy 

6.1 The Customer shall use, and shall procure that the End User uses the Services in compliance with applicable laws and any fair usage policy notified to them by the Service Provider as amended from time to time. 

6.2 The Customer shall ensure that if the End User accesses the Service Provider network through the public internet or ISDN, then the End User shall acknowledge and accept all risks associated with usage of such Service.

 

 7. Limitation of Liability 

7.1 The liability of Global Host Centre Ltd., except where such liability may not be limited by law, shall not exceed the lesser of the value stated in the Quotation in question or the limitation as set out in the Contract. 

7.2 Global Host Centre Ltd. shall not be held responsible for the Customer’s or End User’s failure to implement recommended rules on security equipment nor its implementation of the same where the Customer or End User has no technical security policy or security rules in place. Global Host Centre Ltd. cannot accept any liability for breaches in the security of the Customer’s or User’s equipment or network where Service is undertaken and provided under the explicit or implicit instruction from the Customer or the End User. 

7.3 Global Host Centre Ltd. is unable to provide any guarantee in respect of the security of a Customer or Environment. Security rules provided by the Customer or End User shall be applied and any recommendation or suggestions provided by the Company or Service Provider are based on the then current information of vulnerabilities known to Global Host Centre Ltd. and Service Provider and no methods of prediction exist for vulnerabilities that have not yet been identified. Global Host Centre Ltd. shall not be responsible for the security of a Customer or End User’s network after the Service has been performed where the Service is undertaken under the instruction from the Customer or End User. 

7.4 Global Host Centre Ltd. does not represent or guarantee that the performance of the Services will be adequate for the Customer or the End User.

7.5 Global Host Centre Ltd. shall not be liable for imperfect work caused by any inaccuracies on any drawing, design or specifications supplied by the Customer or the End User. 

7.6 Global Host Centre Ltd. acknowledges that certain Services are subject to availability of capacity and bandwidth across both the End User’s network and the Service Provider’s network therefore Global Host Centre Ltd. cannot guarantee availability of such Services at any particular point in time. 

7.7 In respect of certain Services, the Customer shall be responsible (and/or shall ensure that the End User shall be responsible) for the provision of sufficient internet and call bandwidth as well as suitable hardware to connect to and use such Services. The Company shall not be liable for any additional costs incurred by the End User and/or the Customer as a result of using such Services, including without limitation, as a result of increased bandwidth, additional data or call charges, or the purchase of additional hardware requirements. 

7.8 The Customer acknowledges (and/or shall ensure that the End User acknowledges) that in respect of certain Services the internet and video calling is not secure. The Service Provider shall put in place reasonable measures to secure such Services but Global Host Centre Ltd. shall not accept any liability for malicious or accidental breaches of security or confidentiality when using such Services. For the avoidance of doubt, the Customer shall ensure (and/or shall procure that the End User ensures) that it will keep service access numbers and passwords confidential at all times and will not share them with any third parties.

 

8. Service Providers

8.1 The Service Providers will provide the Services to the Customer and the End User as appropriate and the Customer acknowledges that the Service Provider is a third party, which Global Host Centre Ltd. does not control. Global Host Centre Ltd. makes no representation, guarantee or warranty about the Service Providers: 
8.1.1 ability to provide continuity of Services; or 

8.1.2 reliability, credit rating or solvency.

9. Insolvency of Service Provider

9.1 If a Service Provider enters into any type of insolvency, administration, receivership, liquidation, creditor arrangement or becomes the subject of winding up proceedings Global Host Centre Ltd. may terminate or temporarily suspend the provision of the Services. 

9.2 If Global Host Centre Ltd. suspends the provision of the Services it shall use reasonable endeavours to engage a new service provider on materially similar terms within a reasonable period. 

9.3 The Customer recognises that Global Host Centre Ltd. will be an ordinary creditor of the Service Provider if an Insolvency Event occurs. Global Host Centre Ltd. will use reasonable endeavours to obtain repayment of any fees paid by the Customer in respect of Services not yet performed by the Service Providers. 

9.4 Except where such liability may not be limited by law Global Host Centre Ltd. shall not be held responsible for any loss, additional payments, damage or inconvenience Global Host Centre Ltd. or any End-User may suffer from suspension or termination of the Services in accordance with this clause 9.

10. Force Majeure

10.1 Global Host Centre Ltd. shall not be in breach of the Contract, nor liable for any failure or delay in performance of any obligations under the Contract.

10.2, the time for performance of the obligations shall be extended accordingly arising from or attributable to acts, events, omissions or accidents beyond its reasonable control, including non-performance by suppliers or Service Providers undergoing an Insolvency Event.

 

10.2 If an event envisaged by clause 10.1 prevails for a continuous period of more than one month, Global Host Centre Ltd. may terminate the Services by giving 14 days' written notice to the Customer. On the expiry of this notice period, this Service shall terminate.