Terms of Service What we allow on our network and what isn't acceptable

These Terms of Service were last updated on 13th June 2014

Introduction

For clarification in the Terms of Service stated below, "we", "our" or "us" refers to Andrew Hart trading as Hartserver, its employees and staff, and other third parties working on behalf of Hartserver. The terms "you" or "your" refer to yourself as a visitor to and/or customer of Hartserver.

When proceeding to the checkout while placing a new order on our website, or renewing an existing product or service, you agree to be bound by the terms stated below, as well as terms which may be stated on separate web pages which are linked to the terms below. If you do not agree to be bound to all of the terms stated below you should cancel all existing services held with us and refrain from signing up to new services offered by us.

We reserve the right to amend the Terms of Service at any time we see fit. Notifications of changes to the Terms of Service will always be announced on our Twitter feed at http://www.twitter.com/hartserver. We may not always inform our customers of changes to these Terms of Service via email, unless we feel that the terms stated below have changed significantly. It is your responsibility to check and read carefully the Terms of Service on a regular basis, especially when placing new orders via our website.

Privacy

Our Privacy Policy located at http://www.hartserver.net/privacy/ states how we will use your personal details and information, and how we aim to protect it.

About us

The services on this website are provided by Andrew Hart trading as Hartserver. Our contact address is Hartserver, 33 Swarcliffe Approach, Swarcliffe, Leeds, LS14 5JZ, England.

We are not a VAT registered company, and therefore cannot provide any VAT receipts. Please bear this in mind when ordering services from us, especially if you are a company who requires such receipts.

The main services we offer are hosting solutions and domain name services. We cannot primarily assist with any other aspects of web design or development, and it is your own responsibility to ensure you can get any website placed on our servers to work (excluding any technical aspects which we may have to ensure are functioning).

Your status

By placing an order through our website you agree that you are legally capable of entering into binding contracts and that you are at least 18 years old.

If you are acting on behalf of a company, business or organisation, you also accept that you are binding that company, business or organisation to these terms when placing an order on our website.

Ordering services

We can only accept orders for services via our website. We will not accept orders through any other method.

You must register for a Customer Centre account with us in order to be able to order any services with us.

You must ensure that all personal details entered when ordering a service are correct and accurate. We reserve the right to suspend and/or cancel any services which have been signed up under incorrect details.

A free domain name is provided with our Gold, Platinum and Professional shared web hosting packages when purchased yearly. This domain name will remain the property of Hartserver and will not be transferrable to another domain registrant/provider unless the domain is purchased outright at the standard cost for the domain name. Also, should one of these packages be switched to a billing cycle less than a year, the free domain name will be cancelled, unless it is purchased outright from us.

Payments

We can only accept payments for services via VISA, MasterCard, American Express, Bitcoin, and through the Paym service (if you are a UK customer with a UK bank account). We are not responsible if for any reason whatsoever you are unable to make a payment to us via our accepted payment methods, and we reserve the right to suspend and/or cancel any services which have not been paid for in full or renewed by their expiry date.

We reserve the right to reject or refund any payments which we believe have been made fraudulently, as well as pass relevant details regarding fraudulent transactions to financial institutions concerned or law enforcement agencies where required.

Services must be renewed before their expiry date in order to prevent suspension. For VPS, hybrid and dedicated servers payment is required 7 days before expiry.

We may take payments for services that are set up to auto-renew without prior notice. For all services except for VPS, hybrid and dedicated servers we will take auto-renewal payments on or after the date of expiry. For VPS, hybrid and dedicated servers we will attempt to take payment 7 days before expiry.

We reserve the right to charge a one-off reactivation fee of £50 for domain names which require renewal after they have expired.

Refunds

We offer full refunds on shared web hosting accounts within 30 days of placing your order, provided the account is not suspended at the time of refund. After 30 days we can refund unused time for shared web hosting accounts calculated on the number of remaining days service.

We offer an unused months refund for VPS, hybrid servers, dedicated servers and add-on packages where any full unused months of hosting credit can be refunded in full. We cannot refund partial months for these services.

We cannot offer any refunds on domain names or SSL certificates once an order has been confirmed by us.

Cancellations

Any services which are set to auto-renew will continue to be charged on expiry until you contact us to request cancellation or disable auto-renewals.

Services which are not set to auto-renew which are not renewed on expiry will be suspended until renewal has been made.

If you wish to cancel a VPS, hybrid or dedicated server you must contact us 14 days before the server's expiry date, or else you will be charged 7 days prior to expiry.

Domain registrations and transfers

In some cases we may be unable to process your domain registration order (for example, if the domain has already been ordered during your checkout process). In these cases we will offer a full refund for the domain name(s) you attempted to order.

Once we have confirmed that a domain name has been successfully registered via email, you will not be able to cancel the domain until it has expired or receive a refund for the payment made to order the domain name.

Due to the nature of the DNS system, we cannot provide an accurate timeframe in which a registered or transferred domain name will begin to work properly. We are not responsible for any delays in the domain registration or transfer process which may be outside of our control.

We are not responsible for any delays in transferring a domain name in or out of our systems which may be caused by third parties.

By registering any .uk domain names with us, or by transferring a .uk domain name to us, you are also bound to Nominet's Terms and Conditions as well as our own. Nominet are the organisation who manage, regulate and oversee the overall .uk domain space. Nominet's Terms and Conditions can be found at http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration

Data and backups

Although we make every effort to look after your files and data while providing services to you, we cannot be held responsible for any lost files or data, or non-recoverable backups. We advise that you keep offline copies of all files and data which are uploaded to our network as a safeguard.

Support and Contacting Us

You may contact us for support enquiries via email, telephone, Facebook, Twitter, the contact form on our website, and also via the chat system on our website. All of our contact methods can be found at http://www.hartserver.net/contact/. We aim to have as many support channels open as often as possible, however our telephone support and website chat system may be offline or on voicemail at various times. You can leave a message at these times in which we will contact you as soon as possible.

We aim to respond to initial enquiries within one hour of receiving them, and we aim to resolve the majority of issues and enquiries within one working day.

Our VPS, hybrid and dedicated servers are provided unmanaged, meaning that we cannot be held responsible for scripts and code which may not function correctly on these services. We do offer limited support for VPS, hybrid and dedicated servers at our discretion. It is advisable that you have a good understanding of server management if ordering these services. We will provide any hardware replacement if applicable however.

Complaints and Escalation Process

Any complaints regarding any of our services should be made to us initially, in which case we will respond as per our support response timescales above. If you are unhappy with our response or wish to escalate your complaint further you can contact the relevant bodies who deal with the relevant service in question.

For specific complaints relating to .uk domains held with us that we cannot resolve fully for you, you can contact Nominet and escalate the complaint to them as per the three-way contract at http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/three-way-contract which we and yourself are bound to.

Fair usage

For any shared web hosting services you order, you agree to use the resources provided to you fairly, and respect other customers and accounts which may be hosted on the same server(s) as your account(s). We reserve the right to suspend and/or cancel any shared web hosting services which we feel are causing a detremental performance impact on our network, either through abuse of our services or through negligence. We reserve the right to move any of your shared web hosting services to a more suitable infrastructure, such as VPS or dedicated server, if we believe that you are using too many resources or CPU processes constantly. We will work with you to move your services with minimal downtime should this happen.

We reserve the right to suspend and/or cancel any shared web hosting services which are hosting any material which are breaching copyright policies, hosting unsolicited services (including SPAM), or are causing a nuisance to other customers, users or third parties. We also reserve the right to suspend and/or cancel any shared web hosting services which are being used to host pornography (without prior consent from us first), hacking tools or scripts, files which you do not own the copyright to, or accounts which are being used for the sole purpose of acting as a file repository.

Affiliate scheme

You may not use our affiliate scheme to order any services for yourself. The affiliate scheme is purely for referring new accounts and customers. We reserve the right to refuse any commission payments to you which we believe have been earnt fraudulently through your own accounts and/or services.

External content

We are not responsible for any content outside of our website, whether relating to our services or not.

Law and jurisdiction

Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between us both.

Changes to these Terms of Service

We reserve the right to amend these Terms of Service as we see fit without prior notification. We ask that you periodically check these Terms of Service and refrain from using our services should you not agree to any points.