Terms of Service

These Terms of Service were last updated on 7th July 2011.

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.

1. Privacy

1.1 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.

2. Information about us

2.1 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.

2.2 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.

2.3 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).

3. Your status

3.1 By placing an order through our website you agree that;

3.1.1 you are legally capable of entering into binding contracts; and

3.1.2 You are at least 18 years old.

3.2 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.

4. Ordering services

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

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

4.3 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.

5. Payments

5.1 We can only accept payments for services via PayPal. PayPal can accept all major debit and credit cards without the need to sign up with PayPal. You can also pay for services using funds already in a PayPal account.

5.2 We are not responsible if for any reason whatsoever you are unable to make a payment to us via PayPal, 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.

5.3 We reserve the right to reject or refund any payments which we believe have been made fraudulently.

6. Money back guarantee

6.1 We offer a full money back guarantee on shared web hosting accounts only if you are not entirely happy with our service for any reason, provided you contact us within 30 days of placing an order, in writing either by email or post. This is limited to one per customer.

7. Domain registrations and transfers

7.1 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 money back guarantee for the domain name(s) you attempted to order.

7.2 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.

7.3 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.

7.4 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.

8. Fair usage

8.1 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.

8.2 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.

9. Affiliate scheme

9.1 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.

10. Law and jurisdiction

10.1 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.