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Privacy Policy

Hosting Terms & Conditions

These terms and conditions ("Terms") govern the website hosting services, and any related services (such as email, domains and SSL certificates), that we provide to you ("Hosting Services"). Please read them carefully. By ordering, paying for or using our Hosting Services, you agree to these Terms.

1) Who we are

  1. 1.1) We are Media Street Limited ("we", "us", "our"), registered in England and Wales under company number 6964414, with our registered office at Unit 5, Merlin Business Park, Exeter, Devon, EX5 2UL.
  2. 1.2) You can contact us by email at [email protected], by telephone on 01392 914033, or by post at the address above.

2) How the contract is formed

  1. 2.1) When you ask us to provide Hosting Services (for example by accepting a quote or paying an invoice), you are making an offer to us. A contract is formed when we confirm that the Hosting Services have been set up or otherwise accept your order.
  2. 2.2) You confirm that you are entering into the contract in the course of business and not as a consumer, that you are at least 18 years old, and that you have authority to bind the business you represent.
  3. 2.3) Our Hosting Services are provided to business customers only. The cancellation rights that apply to consumers under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply.

3) The Hosting Services

  1. 3.1) We provide the Hosting Services using reputable third-party infrastructure and platform providers. As a result, certain operating rules (such as resource limits, fair-use restrictions and platform maintenance) are set by those providers and apply to your use of the Hosting Services.
  2. 3.2) We may make changes to the Hosting Services, the underlying platform, or these Terms, for example to reflect changes in the services available to us, in technology, or in law. We will give you reasonable notice of any material change.
  3. 3.3) The specific features, storage, bandwidth and other allowances that apply to you are those of the hosting plan you have purchased, as described to you at the time of order.

4) Your responsibilities

  1. 4.1) You are responsible for the content, data and material you upload, store or transmit using the Hosting Services ("Your Content"), and for ensuring it is lawful and that you have all necessary rights to use it.
  2. 4.2) You must keep your account log-in details confidential, and you are responsible for all activity that takes place under your account. You must tell us promptly if you believe your details have been compromised.
  3. 4.3) You are responsible for ensuring that anyone who accesses the Hosting Services through you is aware of, and complies with, these Terms.

5) Acceptable use

  1. 5.1) You must not use the Hosting Services to host, store, transmit or link to any material, or to carry out any activity, that:
    1. 5.1.1) is unlawful, fraudulent, defamatory, obscene, harassing or otherwise objectionable;
    2. 5.1.2) infringes the intellectual property rights or other rights of any third party;
    3. 5.1.3) consists of unsolicited or bulk email (spam), or breaches the Privacy and Electronic Communications Regulations;
    4. 5.1.4) contains or distributes viruses, malware or other harmful code; or
    5. 5.1.5) compromises, or attempts to compromise, the security or proper operation of any server, network or other customer's service.
  2. 5.2) You must stay within the resource, bandwidth, storage and fair-use limits applicable to your plan. Excessive use that affects other customers, or use that breaches the platform provider's rules, may result in suspension or a requirement to upgrade.
  3. 5.3) We may suspend or terminate the Hosting Services, with or without notice, if we reasonably consider that you are in breach of this section.

6) Availability and service levels

  1. 6.1) We do not warrant or guarantee that the Hosting Services will be uninterrupted, error-free or available at all times, but we will use reasonable endeavours to keep any downtime to a minimum.
  2. 6.2) From time to time we, or our platform providers, may need to carry out maintenance that affects availability. We will try to give reasonable notice of planned maintenance, but we may carry out emergency maintenance without notice.

7) Backups

  1. 7.1) It is your responsibility to keep your own up-to-date backup copies of Your Content. Backup tools are available to you for this purpose.
  2. 7.2) While backups may be taken at platform level, we do not guarantee that any such backup will be available, complete or recoverable, and you should not rely on them as your only copy.
  3. 7.3) We will not be liable for any loss, corruption, deletion or unavailability of Your Content, however caused. We strongly recommend you maintain independent backups at all times.

8) Support

  1. 8.1) We provide reasonable support in connection with the Hosting Services by telephone (01392 914033), email and our normal support channels during our usual business hours (Monday to Friday, excluding public holidays).
  2. 8.2) We will use reasonable endeavours to respond promptly, but unless we have separately agreed specific response times with you in writing, we do not guarantee them.
  3. 8.3) Our support does not include website development, programming or design work unless separately agreed and charged. Such work, where we provide it, is governed by our separate terms for those services.

9) Domain names

  1. 9.1) Where we register, renew or manage domain names for you, whether alongside your hosting or separately, this is governed by our separate Domain Name Registration Terms, which apply in addition to these Terms.

10) Fees and payment

  1. 10.1) Our fees for the Hosting Services are as quoted to you, and are exclusive of VAT, which we will add where applicable.
  2. 10.2) Unless we agree otherwise, the Hosting Services are charged annually in advance. We will send you an invoice, which is payable within 14 days of the invoice date.
  3. 10.3) You can pay by the methods we make available (for example, by card via Stripe, by direct debit via GoCardless, or by BACS bank transfer). Our handling of payment data is described in our Privacy Policy.
  4. 10.4) If you do not pay an invoice when due, we may suspend the Hosting Services and, for business customers, charge interest and recover reasonable costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
  5. 10.5) We may change our fees from time to time. We will give you at least 30 days' notice of any increase before it takes effect at your next renewal.

11) Term, renewal and cancellation

  1. 11.1) The Hosting Services run for the term you have purchased (normally 12 months) and renew automatically for further terms of the same length, unless cancelled.
  2. 11.2) You may cancel by giving us notice at least 30 days before your renewal date. Cancellation takes effect at the end of your current paid term.
  3. 11.3) We do not provide refunds for any unused part of a term once it has begun, except where the law requires otherwise.
  4. 11.4) We may terminate or suspend the Hosting Services by giving you reasonable notice; and we may terminate or suspend immediately if you are in material breach of these Terms (including the acceptable use section) or fail to pay sums due.

12) Data on cancellation or termination

  1. 12.1) When the Hosting Services end, the data and content held for you may be permanently deleted, and may not be recoverable.
  2. 12.2) You are strongly advised to take your own copies of Your Content before the Hosting Services end. On request before that date, we will provide reasonable assistance to help you retrieve or migrate Your Content (which may be chargeable).

13) Data protection

  1. 13.1) Where we process personal data on your behalf in providing the Hosting Services, we do so as your processor, and our Data Processing Agreement applies and forms part of these Terms.
  2. 13.2) Our own use of your personal data (as a controller) is described in our Privacy Policy.

14) Intellectual property

  1. 14.1) You keep all intellectual property rights in Your Content. You grant us a non-exclusive licence to host, store, copy and transmit Your Content as necessary to provide the Hosting Services.
  2. 14.2) You confirm that Your Content does not infringe the rights of any third party, and you agree to indemnify us against any claim arising from Your Content or from your use of the Hosting Services in breach of these Terms.
  3. 14.3) We (and our licensors) retain all intellectual property rights in the Hosting Services and our own systems and materials.

15) Our liability

  1. 15.1) Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under English law.
  2. 15.2) We are not responsible for the content of, or for the privacy or security of, information transmitted over the internet, and we do not guarantee that the Hosting Services will be free from security incidents.
  3. 15.3) Subject to clause 15.1, we will not be liable for any loss of profits, revenue, business, anticipated savings, goodwill, or data, or for any indirect or consequential loss, whether arising in contract, tort (including negligence) or otherwise.
  4. 15.4) Subject to clause 15.1, our total liability to you under or in connection with these Terms in any 12-month period will not exceed the total fees you have paid us for the Hosting Services in the 12 months before the event giving rise to the liability.
  5. 15.5) We recommend that you maintain appropriate insurance (such as business interruption insurance) to protect your business in the event of interruption to the Hosting Services.

16) Events outside our control

  1. 16.1) We will not be liable for any failure or delay in performing our obligations that is caused by events outside our reasonable control, including failures of third-party platforms or networks, cyber-attacks, power or internet failures, industrial action, or natural events. Our obligations will be suspended for the duration of such an event.

17) General

  1. 17.1) We may transfer or subcontract our rights and obligations under these Terms. You may not transfer yours without our written consent.
  2. 17.2) If any provision of these Terms is found to be invalid or unenforceable, the rest will continue in force.
  3. 17.3) A delay in enforcing these Terms is not a waiver of our rights.
  4. 17.4) These Terms, together with any documents referred to in them, form the entire agreement between us in relation to the Hosting Services.

18) Changes to these Terms

  1. 18.1) We may update these Terms from time to time by publishing a new version. The version that applies is the one in force when you order or renew the Hosting Services. We will give reasonable notice of material changes.

19) Governing law and jurisdiction

  1. 19.1) These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with them.

20) Contact us

  1. 20.1) To contact us about the Hosting Services or these Terms:
    1. 20.1.1) by email, using [email protected];
    2. 20.1.2) by telephone, on 01392 914033; or
    3. 20.1.3) by post, to Unit 5, Merlin Business Park, Exeter, Devon, EX5 2UL.