Terms & Conditions of Service
Renewal invoices are generated 21-30 days in advance and sent to your registered e-mail address. It is your responsibility to ensure this e-mail address is kept up to date and can receive emails from us.
It is important that we receive payment on time. All services must be paid for by the due date shown on the invoice unless a written adjustment has been agreed. Failure to complete payment after this time will result in an automatic reminder when the invoice is overdue, and automatic account suspension should the invoice remain unpaid for more than 3 days. This applies to all hosting accounts, maintenance and security accounts.
If an invoice is unpaid, the related service will be suspended until such time that payment is received and you inform us by email that you have paid. At this point we will use all reasonable endeavours to restore service within 24 hours.
Unless otherwise stated, all payments must be received in UK Pounds sterling.
We reserve the right to alter our prices at any time and will notify you of any alteration by providing you with a written notice. Notice of any price alteration will be sent via e mail to the e mail address that we hold for you in our account. If you have already purchased a particular service then the price alteration will only become effective when the service reaches the end of its current term.
You warrant that you are lawfully authorised to make payment using the payment card or facility you disclose to us. In the event where you are not the named cardholder, you acknowledge that you and the named cardholder both accept these terms and conditions and are jointly and severally liable for any payment(s) due. You hereby indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.
If you attempt a chargeback or dispute a transaction with your bank, we reserve the right to suspend all services provided to you with immediate effect. Services will remain suspended and until such time as the chargeback has been fully reversed in our favour.
Account usage is checked frequently. All accounts will receive notification when bandwidth usage is nearing the account’s limit. Overusage will result in automatic account suspension unless a prior agreement has been reached. Usually the cheapest option is to upgrade to the next package where available, otherwise our standard charges are 50p per GB per month for additional bandwidth usage and £2 per month per 250MB disk usage. Upon suspension please contact us to arrange upgrade pricing.
If not specifically stated to the contrary, our services are intended to be used for the purposes of hosting websites. Batch processing, video encoding/transcoding, web crawling/spidering, archiving and online backup systems and any system designed to consume CPU or disk resources for purposes other than hosting a website are not permitted on our hosting servers. We reserve the right to enact defensive movements to maintain the stability of our systems for all clients.
If you believe your website may be susceptible to high or otherwise abnormal usage you must contact us to discuss the suitability of your hosting environment.
Cancellation, refunds, termination and disputes
Cancellation notices for all services must be given at a minimum of 30 days in advance of the next billing date, a minimum 12 months contract is applicable for all services. No cash refunds will be granted unless a payment has been taken in error.
A breach of any of our terms and conditions will result in immediate termination with no refund.
Setup fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method as listed on our contact page.
Under no circumstances will we tolerate threatening or abusive behaviour towards our staff. Should this occur, we reserve the right to terminate the hosting agreement with immediate effect.
Should the client, during the course of a telephone conversation, email or support ticket, make reference to “legal action” or say anything we might reasonably understand to imply or infer that the client may intend to pursue a legal claim against us, we reserve the right to refuse telephone support going forward. Any further correspondence must then be sent by email or support ticket.
Should we feel that your needs would be better served by another provider, we reserve the right, at our sole discretion, to terminate the agreement. Where it is reasonable to do so, we will provide 30 days notice of termination and provide a backup of all website content.
Rights on Termination
Termination of this agreement does not affect your pre-existing liability, if any or affect our right to recover damages or pursue any other remedy in respect of any breach of this agreement by you.
In the event of us terminating this agreement due to breach of these conditions by you, we shall be entitled to the balance of all payments which would but for such termination have accrued up to the earliest date on which this agreement could have been terminated by you.
Setup fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method.
A change of details
We have the right to change any username or password allocated to you for the purpose of essential network maintenance, enhancement modernisation or other work deemed necessary to the operation of the Internet.
Similarly, we have the right to alter the hosting environment your site runs in to one with like-for-like features, as long as reasonable notice is given and there is no disruption to service. The only reason we would do this is if it represented an ‘upgraded’ environment for you, the end user.
Account Support / Emergency Contact
We provide support via e-mail. To provide efficient service and comply with data protection laws, any requests for changes to your account (including billing changes, password changes or any other technical changes) must be submitted by ticket or e-mail from your registered address.
We take your privacy and security very seriously.
The policies we have in place are to protect your personal information, which we store on our secured servers in the UK. By using this website you consent that all personal data you submit may be processed in the manner and for the purposes described here.
Online transactions are handled through SSL-secured servers and sensitive details such as passwords and credit card details are encrypted to reduce the risk of fraud. We strongly advise that you use hard-to-guess, unique passwords for your accounts with us to reduce the risk of fraud.
We may collect and process data about you in relation to details of transactions that you carry out through our website. When making a purchase with us we will collect information which includes your name, address, e mail address, phone number and payment information.
When you become a customer you automatically subscribe to our newsletter and we will notify you of special offers and updates to our services in the newsletter. If you prefer to opt out of non service e mails, please let us know during the order process. You can also opt out at any time through our client area.
Information obtained about you will assist us in identifying any accounts you hold with us and will also assist us in improving customer care through reviewing, developing and improving the website and services. We will also use the information to notify you about changes to the website and to send service related announcements.
We may disclose your personal information to any of the following third parties:
- Any employees, agents or service providers of the Company.
- Any prospective purchaser of the Company subject to them entering into confidentiality undertakings.
- Any cardholder who has purchased services on your behalf.
- Where we are required to disclose or share your personal data in order to comply with any legal obligation or to protect the rights, property or safety of the Company and our customers. This includes but is not limited to exchanging information with other companies and organisations for the purposes of fraud protection, credit risk reduction and dispute policies.
The Data Protection Act 1998 gives you the right to access information held about you. Any access request will be subject to an administration fee of [£5/10] to meet our costs in providing the information requested.
For the purposes of the Data Protection Act 1998, the data controller is Gee Wai Roger Law of 16 Abbotsbury Drive, Daventry, NN11 2LB.
This website contains links to external sites. Please be aware that we are not responsible for the content of any external sites.
Acceptable Usage Policy
Zero Tolerance towards Abuse
Customers are responsible for all scripts, data and other objects on their accounts. Abusive scripts are scripts which interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity. Any account found to be the source of abusive scripts will be immediately suspended and investigated, and subject to action as detailed under Illegal Content below. We will always notify customers and, where necessary, fully co-operate with the authorities.
You must not use the service for the transmission of illegal material. You agree to refrain from sending or receiving any materials which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force. You agree to refrain from sending or receiving any material which may be in breach of copyright (including Intellectual Property Rights), confidence, privacy or other rights. If you are in any doubt as to the legality of what you are doing, or propose to do, you should take independent legal advice.
- All content uploaded to your your hosting service, must conform to UK law. It is the user’s sole responsibility to ensure this. Storage, distribution of or transmission of illegal materials may lead to investigation and possible prosecution by the relevant authorities.
- You must not gain or attempt to gain unauthorised access to any computer systems for any purpose. Such action may lead to criminal prosecution under the Computer Misuse Act.
- You must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans and ping storms).
- You must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as ‘spam’ ,’UBE’,’UCE’ ).
- You are prohibited from running ‘port scanning’ or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. We may ask for evidence of such permission.
- You must take all reasonable steps to ensure that your password and login credentials remain confidential.
- Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.
- Sites must not contain ‘hateful’ material or content which seeks to incite hate.
- Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful in the UK or which is deemed to be distasteful at our sole discretion.
- Sites must not contain ‘warez’, copyrighted music/videos or links to such content. It is the sole responsibility of the user to ensure that they have the rights to distribute any content displayed on their website.
- Sites must conform to UK copyright law.
We undertake to take action required under the provisions of the Regulation of Investigatory Powers Act and will fully cooperate with the appropriate UK authorities.
Acceptable Email Usage
We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is prohibited at all times. Customers who abuse the email service will be notified that their behaviour is unacceptable and may have their accounts suspended, terminated or blocked at our sole discretion.
- You agree not to send emails that might cause annoyance, inconvenience or anxiety to a recipient.
- You agree not to send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful.
- You agree to have a clear opt out policy in all newsletter communications.
- You must not use our mail services or network to send email to any user who does not wish to receive it.
- You must not use our mail services or network to send unsolicited email, in bulk (commonly known as ‘spam’) or individually.
- You must not use our mail services or network with intent to deprive others of service (‘mail bomb’).
- You must not use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender.
- You must not use any email address that you are not authorised to use.
- You must ensure that any email servers connected to our network and operated by you are not configured to allow ‘open relay’.
- You must take full responsibility for your own email reputation, Caja Designs can not guarantee a positive reputation.
Web usage includes the use of web space provided with client accounts, web hosting on our servers and the use of web services and space on customer colocated servers. We cannot and do not proactively monitor content on any web space maintained by customers (whether customer space, web hosted or colocated services) and cannot and do not guarantee that such sites are free of illegal content or other materials that may be considered unacceptable.
- You undertake sole responsibility for the content of web pages owned and/or operated by you – whether on client pages, web hosted space or colocated servers – within our domain or other domains hosted within our network.
- You undertake sole responsibility to ensure that all materials on any website owned or operated by you contains material that you have created or have permission to use.
- You undertake sole responsibility for any dispute involving Copyright or Intellectual Property Rights associated with your site or service.
- You must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation). You should be aware that the internet is a global communications network and what may be legal in the UK may be illegal elsewhere and leave you liable to prosecution in another country.
Legal adult content as defined by UK law is allowed on our servers however you must inform us as we will host your site on a separate IP to prevent any SEO implications for other clients.
We may undertake investigation of content services if potential abuse is brought to our attention and we reserve the right to remove any web page on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination with no refund.
Service Level Agreement
An Industry Leading SLA
We endeavour to provide a 99.9% service uptime, excluding planned or emergency server maintenance or conditions beyond our reasonable control. All customers will be notified of planned maintenance as far as possible in advance through our status page and, should the maintenance last for longer than 30 minutes, via e-mail.
Should we break this SLA in any calendar month with unscheduled service unavailability (as verified by our network monitoring) we will upon request credit a full week’s cost to your client account. No hidden catches – we value our service and clients extremely highly.
Our SLA is rescinded if you have overdue invoices on your account, or if you have paid the invoice for the period of the disruption late.
Caja Designs makes no guarantee to defend a customer’s website from a denial of service attack unless that service has been specifically offered and agreed.
Disclaimer, Limitation of Liability and Copyright
We are unable to assert fitness for any specific purpose and as such the Company cannot be held liable for any form of consequential loss or damage caused directly or indirectly by use of our service, misuse of our service, downtime, service issues, data loss or any other event.
Our maximum aggregate liability to you under or in connection with this agreement in respect of any direct loss, whether such claim arises in contract or in tort shall not exceed a sum equal to twice the fees paid by you for the services in relation to which your claim arises during the [12/24 month] period prior to such claim.
None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from our negligence, the negligence of our employees or our sub-contractors. We will not be liable for any interruptions to services arising directly or indirectly from:
- Interruptions to the flow of data to or from the internet
- The effects of the failure or interruption of services provided by a third party
- Factors outside our reasonable control
- Your actions or omissions
- Problems with your equipment and/or third party equipment
No action or proceedings against us arising out of or in connection with this agreement shall be commenced more than one year after services rendered, and both parties acknowledge that this clause constitutes an express waiver of any rights under any otherwise applicable statute of limitations.
In the event of any preventable disruption to service we will credit your account as described in our Service Level Agreement. Our liability will not exceed the total amount paid for the service. If you have sensitive or mission-critical data to host, you must seek your own insurance and independent legal advice.
Our backups are intended as a convenience service and are not guaranteed or intended to replace your backup procedures. It is your sole responsibility to ensure you have a backup of all your important data.
Third Party Services
Some of the services we provide (domain names, SSL certificates) are fufilled by a third party provider. For instance, an SSL certificate is provided by a root certificate provider (e.g. Thawte, Comodo, Verisign, Geotrust…), and domain names are provided by the organisation in charge of that namespace (e.g. Nominet for UK domain names). Whilst we always pass your orders on to these third party entities in a timely fashion, we unfortunately cannot be held liable for any failings on their behalf.
We will however be happy to chase them, and in most cases we can offer a goodwill refund at our discretion should you be dissatisfied with a time delay.
All third party software and hardware shall be sold subject to your acceptance of the relevant supplier’s software licence for such third party software. Where possible, we shall forward to you any and all representations and warranties we receive from the respective third party software supplier.
Our Assisted Migration service is intended as a help for you to migrate to us. It is provided on a best-effort basis. We will endevour to migrate your site as successfully as possible but the client accepts that this might not always be possible. If we are unable to migrate your site, we may, at our sole discretion, provide a refund of the fee paid for the hosting service, less domain registration/transfer fees, SSL certificates and other associated services.
As an incentive to move your website to us we may, at our sole discretion, credit you with up to six months of free hosting service upon production of a valid invoice showing an equivalent payment to your previous provider. This credit will be applied to your existing due date.
We will not be responsible for any failure to provide any services or perform any obligation because of any act of God, strike, lock-outs or other industrial disputes.
Any notice or communications required or permitted to be delivered by us to you shall be deemed to have been given if delivered by e mail in accordance with the contact information that you have provided.
You shall not assign, transfer, charge or deal in any other manner with this Agreement or any of its rights under it nor purport to do the same without our prior written consent.
We may at any time, assign (absolutely or by way of security and in whole or in part), transfer, mortgage, charge or deal in any other manner with the benefit of any or all of any other party’s obligations or any benefit arising under this agreement.
Amendment in Writing
We may update or amend these terms and conditions from time time to comply with law or to meet our changing business requirements.
This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
Nothing in this clause operates to limit or exclude any liability for fraud
If any provision of this agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
Governing law and Jurisdiction
This agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.
The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).