This page sets out the terms and conditions on which we supply our services described on our website and variations of www.premium-hosting.co.uk. Primarily we provide website hosting services or domain name registration and renewal services. Any reference to a Service is considered any product offered by us, the "company".
Continuing with any purchase or subscription is an implied agreement to these conditions, and you will be bound to these. Please read these terms and conditions carefully before ordering any Services from our website. Refusal to accept these Terms and Conditions will result in no Services from our website being able to be ordered.
All our legal information regarding our Data Processing Agreement under the European General Data Protection Regulation (GDPR) forms part of these terms and conditions. We recommend you read through the terms carefully, printing a copy of your records if required.
1.1. www.premium-hosting.co.uk is a site operated by Premium-Hosting.co.uk, a trading name of EVCV Limited ("we", "us", and "our"). We are registered in England and Wales under company number 13570838 and have our registered office: 63-66 Hatton Gardens, Fifth Floor, Suite 23, London, EC1N 8LE
1.2. Please note that you consent to us sending you our regular newsletter by email by placing an order for services. This newsletter forms our primary method of communicating with you and will inform you of any changes to our services, billing, planned maintenance and account access information.
1.3. Contracts for the purchase of Services through our site will be governed by English law. Disputes arising from, related to, and as 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.
2.1. By placing an order through our website, you warrant that:
2.1.1. you are legally capable of entering into binding contracts
2.1.2. you are at least 18 years old.
2.2. If you are acting on behalf of a company or other business, you further warrant that you have the authority to bind that company or business on whose behalf you are placing an order.
3.1. You can only place an order with us for Services once you have successfully registered an account. While registering an account with us, your information must be complete and accurate. By creating an account, you agree that we may block access to the account and the Services we supply if we reasonably believe that the information you have provided is inaccurate. You must keep your user name and password private and not allow anyone else to use them. You must immediately contact us should you believe that your username or password has become known to someone else.
3.2. Upon checkout, please check your summary before submitting an order, including details of the Services you wish to order and the price payable. There will be an option to amend/correct any errors before proceeding to the completion of the order.
3.3. Before being able to submit an order, we require you to register a credit or debit card. We also accept paperless direct debit. However, you may need to use a credit or debit card on your first order.
3.4. Once ordered, we will provide you with confirmation of the Services to the email address registered to your account. Previous invoices are available from your account.
4.1. After placing your order, you will receive an email from us accepting your order and, if appropriate, letting you know of the activation of the Hosting Service you have purchased. Until acceptance from us, your order constitutes an offer to buy our Services.
4.2. The Contract between us ("Contract") becomes formed once we send an acceptance confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.
4.3. The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until confirmation of such Services.
5.1. We may provide links on our site to other companies' websites, whether or not they are an affiliate with us. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and we disclaim any such warranties.
5.2. Any disclaimer does not affect your statutory rights against the third party seller.
6.1. If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Contract Regulations 2013 allow you to cancel the Contract within fourteen working days, known as the cooling-off period, starting from the day after you received the Acceptance Confirmation.
6.2. However, by placing your order, you agree to us starting supply of the Services early, before the start of the fourteen-day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Contract Regulations 2013
6.3. This provision does not otherwise affect your statutory rights.
7.1. Once we form the Contact, you may, under certain circumstances, cancel the Contract concerning any Hosting Service you have purchased.
7.2. In such cases, you may cancel at any time within 30 days, beginning on the day after you receive the Acceptance Confirmation.
7.2.1 You will receive a full refund of the price paid for the Hosting Service you have cancelled if you do so.
7.2.2 We will complete a full refund of the price you paid to the credit card, debit card or account you used to make that payment. We will make no other refund. Refunds are limited to one per customer.
7.3. To cancel the Contract, you must inform us by raising a support ticket before the end of the 30 days mentioned in clause 7.1 above. To make sure you want to cancel, you must reply and confirm our acknowledgement email. The confirmation prevents accidental cancellation due to errors or other issues such as malicious intent. Failure to acknowledge will mean we will continue to supply the Hosting Service, and your cancellation will be ineffective.
7.4. Products not covered by the limited money-back guarantee include (but are not limited to):
7.4.1. Domain Registration
7.4.2. Domain Registration Renewals.
7.4.3. Private SSL certificates.
7.4.4. Virtual Nameservers and other 'add on' products.
7.4.5. Virtual Private Servers (VPS) and associated products.
8.1. All prices are exclusive of VAT. The cost of any Services will be as quoted on our website.
8.2. Please check that the total cost of services is correct before completion. Please do not submit without checking.
8.3. A summary will be available of all costs before completing the order.
8.4. Prices are liable to change at any time. We will notify you of a change in our prices at least 14 days before the price increase. Consent will be automatic regarding accepting the new prices unless you cancel before the price change. Unless you cancel, we will charge all increases in costs to your account.
8.5. Should you find a pricing error, it will be down to our discretion if we honour this price due to the number of Services offered for sale. We deal with these situations accordingly:
8.5.1. If the price displayed is lower than the current service price, we may offer to accept the lower price;
8.5.2 If a Service's correct price is higher than the price stated on our website unless either party identifies it, you will be subject to these charges. It is at our discretion if we offer a refund.
8.5.3 We are under no obligation to provide the Services to you at the incorrect price, even after confirming the order.
8.6. We reserve the right to seek financial recovery for any outstanding balances. The recovery of financial assets will be via court-approved debt recovery agents. If we utilise this method, you will be liable for all additional fees. In agreeing to this Contract, you agree to these extra charges.
8.7. All payments must be within the agreed timeframe, usually immediately unless under our prior agreement.
8.8. To be declared as paid, all payments must clear into our bank account. If your credit card provider or bank does not authorise your chosen payment method, you authorise us to seek payment from any other credit card, debit card or direct debit registered against your account.
8.9. We may suspend your account if we fail to receive or authorise your payment.
9.1. We provide a warranty for the reasonable care and skill in providing services from us subject to compliance with these terms and conditions.
9.2. We will not be liable for a breach of the warranty provided above unless:
9.2.1. you give written notice of the breach to us
9.2.2. we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you.
9.2.3. Any information or instructions, whether written or oral, that we provide cause significant problems or disruption to services.
9.2.4. you alter the Services without our written consent
9.2.5. the problem arises because of misuse
9.3. We will use reasonable commercial efforts to rectify any issues raised. However, If we breach the warranty following the clauses above, we shall still endeavour to fix the problem and may also refund the price of the Services at the pro rata Contract price.
9.4. By accepting these terms, you acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.
10.1. The responsibility to ensure that necessary arrangements for access to our Hosting Services lie with the user; however, we will assist as feasible and required.
10.2. All users must be aware of and accept these terms and conditions—especially our acceptable use policy.
10.3. Responsibility lies with you for ensuring users are aware of the policies.
10.4. The responsibility for accessing our services through your Internet connection lies with you, the user.
11.1. We do not guarantee or warrant that access to our servers will be uninterrupted or error-free. We will, however, use reasonable endeavours to keep downtime to a minimum.
12.1. You will have no right, title or interest to any internet protocol address ("IP address") allocated to you throughout the service or after expiry or termination of Services.
12.2. The issuing of any IP address allocated to you is part of the Hosting Service you purchased and is not portable or otherwise transferable.
12.3. If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.
13.1. It is your responsibility to maintain appropriate and up-to-date backups.
13.2.Backups consist of copies of any data, information, or other Material you upload onto our servers as part of your Hosting Services use.
13.3. We provide free tools for our control panels to make website and database backups.
13.4.We have an option for an automatic backup for a monthly service charge. This backup service is not an automatic function of your account.
13.5. If you lose or damage your Material, you will not have access to the primary server backup we maintain according to our archiving procedure.
13.6. We will follow our archiving procedures for the data stored on our servers.
13.7. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.
14.1. All packages, including unlimited services, are subject to fair usage, which is our discretion if it affects our other customers.
14.2.As per your order and this website, your hosting package include the calendar month bandwidth allowance applicable to that hosting package.
14.3. Suspension of your services will automatically happen should your monthly allowance be exceeded.
14.4. You may upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance should you exceed your limit. You may also wait for the Hosting Service to resume at the start of the following calendar month.
14.5. You can monitor your monthly bandwidth usage in our control panel.
14.6. Unless a Virtual Private Server, all hosting packages have a maximum allowance of 10% of server processing capabilities.
14.7. Under certain or exceptional circumstances, you may be allowed to exceed the maximum server limitations. Please discuss these cases with us. Failure to do so will result in your services being limited or suspended. Please note that this is at our absolute discretion,
14.8. During ordering, your hosting plan includes a specific number of mailboxes.
14.9. Mailboxes that have laid idle and not had access for one hundred clear days will be suspended and deleted. Mailboxes that have laid idle and not had access for 100 clear days will be suspended and deleted. These actions are automatic.
14.10. When using the Services, you must comply with our Terms of Website Use and our Acceptable Use Policy.
14.11. These terms and conditions overrule any Conflict of any policy.
14.12. Any breach of our policies or terms and conditions will entitle us to terminate the provision of services to you.
15.1. We provide a support team to help resolve any problems with the Services you are receiving.
15.2. We will not provide programming support to you, but our servers are compatible with many programming languages as part of our Hosting Services.
15.3. We do not provide telephone technical support. All provided support is via an online support ticket.
16.1. Should your Contract include our domain registration or renewal service:
16.1.1. We will attempt to acquire the registration from the domain name registry for the domain name you request.
16.1.2. Should the domain name registry refuse, revoke or suspend your requested domain name, we will not be held liable for these actions.
16.1.3. Dealings between the registry and you are to as such; we will not act as your agent.
16.1.4. You must be aware of and abide by the relevant domain name registry terms and conditions of use and our terms and conditions.
16.1.5. Until your domain is visible on the top-level domain register's relevant "whois" database, your domain is not successfully registered.
16.1.6. We have the absolute discretion to ask you to select a different domain name from the one you request to register.
16.1.7. We have the right to suspend or terminate your account or our delivery of the Domain Registration and Renewal Service if, in our opinion,
16.1.7.1. There are reasonable grounds for us to believe that your current choice of name is, or is likely to cause offence or mistrust,
16.1.7.2. The name is in breach of the provisions of these terms and conditions
16.1.7.3. There is a breach of any legal or regulatory requirements.
16.1.8.8. If the registered domain has a link to any trademark, you confirm and warrant that you are the trademark owner (or have the authority of the owner of any trademark to use such a name).
16.2. In agreeing to these terms and conditions, you confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website concerning which the Hosting Service provided to you is used.
16.3. Once successfully registered, you will need to periodically renew the domain name to ensure you retain your registration. To aid in this, we will send you renewal notices thirty days and seven days before the renewal date of your registered domain name.
16.4. We will send these notices to the registered email address against your account.
16.5. As a result, you authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service under these terms and conditions.
16.6. The price for the renewal will be as set out on the renewals page of the customer administration area. We will charge one of the payment methods registered against your account.
16.7. You acknowledge and agree that we may place several locks on any domain registered with us either at the time of registration or after that and without further notice to you.
17.1. All intellectual property remains your property; however, you grant us a worldwide, non-exclusive, royalty-free licence to use, store and maintain your Material on our servers. Furthermore, you give us full permission to publish it on the Internet to provide the Hosting Service to you.
17.2. You warrant that there is no infringement of intellectual property rights of any third party in any of your Material. You grant us full authority (and have the license to do so) to make copies necessary to perform our obligations, including making backup copies of your Material.
17.3. You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your Material infringes, or allegedly infringes, the intellectual property rights of a third party.
17.4. If you download software from our website, we grant you a non-exclusive, non-transferable royalty-free licence to use that software for the purpose set out on our website. Such licence will automatically terminate when we terminate providing the Hosting Services to you.
17.5. At the time of download of any software from our site, you will have notification of any terms for the use of third party software, and the license shall be to you on the standard software licence terms of the owner of the intellectual property rights.
17.6. We retain all intellectual property rights in the Hosting Services (other than your Material) and our software. You must not decompile or disassemble the Hosting Services or our software.
17.7. We will defend you against any claim that the Hosting Services infringe any United Kingdom intellectual property rights of a third party, and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:
17.7.1. you give prompt notice of any such claim.
17.7.2. you make no admissions or settlements without our prior written consent.
17.7.3. you provide reasonable co-operation to us in the defence and settlement of such claim, at your expense.
17.7.4. you give us sole authority to defend or settle the claim.
18.1. We do not monitor and will not have any liability for your Material or any other communication you transmit under the Hosting Services.
18.2. Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider
18.3. We do not guarantee, nor is the representation given, that the Hosting Services will be free from security incidents or unauthorised users.
18.4. There is the explicit exclusion of all conditions, terms, representations, and warranties not expressly set out in these terms and conditions (or the documents referred to in them.
18.5. We do not exclude or limit in any way our liability:
18.5.1. for death or personal injury caused by our negligence;
18.5.2. under section 2(3) of the Consumer Protection Act 1987
18.5.3. for fraud or fraudulent misrepresentation
18.5.4. for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
18.6. We will not be responsible for the following types of losses (in each case, whether direct, indirect or consequential) and whether the cause is by our negligence or otherwise:
18.6.1. loss of income or revenue.
18.6.2. loss of business.
18.6.3. loss of profits or contracts.
18.6.4. loss of anticipated savings.
18.6.5. loss of goodwill.
18.6.6. loss of software or data.
18.6.7. wasted expenditure (such as pay per click advertising costs).
18.6.8. wasted management or office time.
18.7. Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in Contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 12 months preceding the event giving rise to the liability in question.
18.8. We advise you to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).
18.9. You must consult the terms and conditions of any third party page before purchasing any product or service from such a seller. The seller's liability will be in the seller's terms and conditions.
19.1. The Domain Registration and Renewal Service contract will commence when we send you our Acceptance Confirmation. It will continue until:
19.1.1. We have registered the domain name you have requested (the "Domain Name"), and you subsequently ask us not to renew your domain name registration.
19.1.2. We terminate the supply of our Domain Registration and Renewal Service by notice to you because:
19.1.2.1. The Domain Name is no longer available for registration
19.1.2.2. You are in breach of the terms and conditions herewith
19.1.2.3. There is some reason preventing the registration of the Domain Name.
19.2. If we terminate the Domain Registration and Renewal Service under the clauses of this agreement, we will refund the price you have paid for the Domain Registration and Renewal Service to the credit card, debit card or account you used to make the payment.
19.3. That part of the Contract relating to Services other than our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation.
19.4. Unless termination of such Services provided in this clause, they shall continue for the minimum period that applies to the service you have purchased ("Minimum Term"). After the expiry of the Minimum Term, they will continue on a month to month basis until terminated:
19.4.1. You, as a Consumer, informed us of your decision to cancel the Contract by a clear statement. This statement of cancellation should be via an online support ticket.
19.4.2. As a Business user, you informed us of your decision to cancel the Contract with a clear statement. This statement of cancellation should be via an online support ticket.
19.4.3. by us giving to you at least 30 days advanced notice in writing sent to the then-current email address registered against your account
19.4.4. by exercising your right as a consumer to cancel the Contract (s) within the "cooling-off period," i.e. within fourteen days of purchase.
19.4.5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We request that you do this at least two working days before the cancellation date. Please note that the cooling Off period only applies to Consumers, not Business Customers.
19.5. Once requested, you must confirm the cancellation upon our response via our ticket system. Failure to confirm this action will result in us continuing to supply the relevant Services, and your cancellation will be ineffective. You cannot cancel any of your Services by letter, email or telephone.
19.6. The monthly price for Services we supply under Contracts that continue on a month to month basis shall be charged monthly in advance directly to a credit card, debit card, paperless direct debit or other payment method registered against your account.
19.7 We will take payments on the same date of the month (or if no such date occurs then on the last day of the month) as on which the Services had originally commenced ("Payment Date") unless or until you cancel the Services per these terms and conditions.
19.8. We will not provide you with a refund for a cancellation that is part-way through a billing period.
19.9. Without prejudice to any other right to terminate or suspend the Services we may have under these terms and conditions, our Terms of Website Use or our Acceptable Use Policy, we may terminate the Contract at any time by giving you 30 days' advance notice by emailing you at the email address registered against your account.
19.10. If we cancel the Services, we will refund to you the price you have paid for the Services on a pro-rata basis for the unexpired Minimum Term
19.11. Notwithstanding anything contrary to these terms and conditions, we may terminate the Contract by seven days' notice to you if you breach an obligation of these terms and conditions.
19.12. Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising under that Contract as at the date of expiry or termination.
20.1. If you cancel your Services, we will immediately and permanently delete any data we hold or host concerning the Services on our system.
20.2. Accordingly, you are strongly advised to make appropriate copies of such data before cancelling your Services.
21.1. We will refer you to any additional terms and conditions that may apply to our offers.
22.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.
22.2. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication, and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
23.1. All notices you give to us must be through our online system.
23.2. We may notify you at either the current email or postal address registered against your account with us.
24.1. Neither you nor we intend that any term of the Contract will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
24.2. The Contract is binding on you and us and our respective successors and assigns.
24.3. You may not transfer, assign, charge or otherwise dispose of the Contract or any of your rights or obligations arising under it without our prior written consent.
24.4. We have the right to transfer, assign, change, sub-contract or otherwise dispose of the Contract. This right does not affect our rights or obligations arising under it—any time during the contract term.
25.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that the cause is by events outside our reasonable control ("Force Majeure Event").
25.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
25.2.1. misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
25.2.2. strikes, lock-outs or other industrial action;
25.2.3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
25.2.4. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
25.2.5. impossibility of the use of public or private telecommunications networks; and
25.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
25.3. Suspending our performance under the Contract will be for the duration of the Force Majeure Event, and we will have an extension of time for performance during that time. We will try to resolve the Force Majeure Event or find a way to fulfil our obligations under the Contract despite the Force Majeure Event.
26.1. Should we fail anytime during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
26.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
26.3. We may not waive any of these terms and conditions unless we communicate this to you in writing.
27.1. Should a competent authority determine that any of these terms and conditions or any provisions of the Contract be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
28.1. These terms and conditions and any document expressly referred to represent the entire agreement between us concerning the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
28.2. We each acknowledge that entering into the Contract, neither party has relied on any representation, undertaking, or promise. Neither be implied from anything said or written in negotiations between us before such a contract except as expressly stated in these terms and conditions.
28.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, before the date of any Contract (unless such incorrect statement was made fraudulently), and the other party's only remedy shall be for breach of Contract as provided in these terms and conditions.
29.1. We have the right to revise and amend these terms and conditions from time to time.
29.2. You will be subject to the policies and terms and conditions in force at the time that you order services from us unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
29.3. No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.