General Terms and Conditions
The General Terms and Conditions along with the service specific Terms and Conditions, the Acceptable User Policy and any information relating to the service and package purchased from Asp Host Web Hosting Solutions Ltd form the Agreement between Us.Where these General Terms and Conditions are inconsistent with any terms set out in Asp Host Service specific Terms and Conditions, the Service specific Terms and Conditions shall prevail.
By signing up for the Services you warrant that you are at least 18 years old and legally capable of entering into a binding contract; or acting with the express permission and using the payment details of a person or organisation who in turn is agreeing to be bound by the terms of this contract.
By owning an Asp Host account from asp-host.co.uk, you accept these Terms and Conditions from either an online package order sign up or offline via the telephone or e-mail order. Any payment confirms you have accepted and read the Terms and Conditions.
1.1 "Agreement" means any agreement to which these Terms and Conditions are incorporated.
1.2 "Asp Host" means Web Hosting Solutions Ltd, Admin Office, Longfellow Rd, CV37 7PR, UK, web address www.asp-host.co.uk.
1.3 "Package" means a collection of Services.
1.4 "Pay As You Go" means Asp Host no minimum term commitment monthly payment option.
1.5 "Prices" means the Prices for the Services set out in order form or as otherwise notified to you.
1.6 "Services" means the Services to be provided by Asp Host.
1.7 "You/ Your" means the person or Company who purchased Services from Asp Host .
1.8 “We/Our” means ASP Host.
1.9 “Customer” means the person or Company who purchased Services from Asp Host .
2. Duration and Renewal of Services
2.1 Services for which payment is required on a monthly basis are available for fixed12 month, 24 month or 36 month minimum contract periods. Unless specifically stated to the contrary in the details of the Service and/or Package you purchase, the minimum contract term on all packages shall be 12 months from the date of signing up.
2.3 When Entering into a contract as a consumer (not in the course of conducting business) the Consumer Protection (Distance Selling) Regulations 2000 allows you to cancel the Contract at any time within seven working days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the seven working days cooling off period has expired. As a result you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000. If we have provided technical support or assistance in those 7 days then we can not refund the package amount as the services and support time would have been used being a cost to ourselves. We will however offer you a package to suit your requirements to suit the resources you need for your services to run successfully
2.4 For the avoidance of doubt, any use of the services and /or any package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
2.5 Unless specifically stated to the contrary in the details of the Service and/or Package purchased, or agreed by Asp Host in writing prior to purchase, Services are not available on a trial basis. It is your responsibility to ensure that the Services you purchase are suitable for your technical requirements.
3. Domain Names and Hosting Renewal
Should ASP-Host.co.uk not receive payment for the renewel of any or all services due for renewal by the payment due date then we reserve the right to suspend services via our automated software. Allowing domain names to lapse may result in domain names becoming available for registration by another user.
4. Change of Contact Details
It is your responsibility to inform ASP Host immediately of a change to your contact details via your client login registration details or e-mail to firstname.lastname@example.org. Failure to advise us of a change may result in support, service or invoice. We can not be responsible for any web site, email, database downtime if we have not been updated with contact details for invoice reminders that caused disruption to your hosting services.
We can not guarantee that our service will be provided until after all payments have cleared
5.1 We accept credit and debit cards excluding American Express.
5.2 Cheques should be made payable to: ASP Host. ASP-Host.co.uk cannot guarantee that a service will be provided until after any received cheques have been cleared.
5.3 Paypal Payment should be made in UK Pounds Sterling and sent to paypal@ASP-Host.co.uk. ASP-Host.co.uk cannot guarantee that a service will be provided until after the payment has been received.
5.4 Bank Transfer: You will be supplied with our banking details on signing up.
5.5 Standing Order: You will be supplied with a standing order form on signing up.
5.6 Any overdue non-payment will incur late payment and possible collection administration fees in line with the Late Payment of Commercial Debts Act 1998 and Late Payment of Commercial Regulations 2013.
6. Cancellation and Refunds:
6.1 ASP-Host.co.uk reserves the right to cancel the service at any time for misuse of service or late payment past 7 days due. If a customer contravenes ASP Host terms of service a refund will not be issued in the event of a cancellation.
6.2 Fees charged on a prepay basis are non-refundable. Money back is within 7 days from signup only if fault of ASP HOST and response times not delivered within the Service Level Agreement. We can not refund due to lack customer skills in uploading a website or lack of Web hosting knowledge with control panel or web scripting issues. There will be an low admin fee for each DNS release of any .co.uk, .com, .net or international domain name taken as a configuration charge as standard in IT work. This is to cover time and configuration IP DNS changes in change request form and admin time.
6.3 All hosting contracts are rolled on from renewal date. If you wish to cancel your hosting contract then please notify us by support ticket giving 30 days notice before your renewal date. Failure to follow this notice procedure will result in you being liable for the next 12 months payment even if non use of hosting. This is to cover license roll on charges, space usage and continuous maintenance work on the hosting servers for your data hosting pool.
6.4 All monthly contracts and annual contracts are for minimum 12 months with auto roll on renewal for the following 12 months thereafter if no cancellation is received in form of a support ticket. If payments are still outstanding after a length of time then a daily interest rate, late payment and admin fee will be added for the amount of time the debt is owed until settled.
7. Service Level Agreement:
7.1 Business Users must sign up to a business package in order to be on the correct business support response times and service level agreement. If you are already a business user on a personal business package then you may be required to upgrade your package to the right user license and service level agreement.
7.2 All our packages are 99.9% Uptime unless a separate contract was agreed on an individual or business basis.
7.3 All support is to be submitted by support ticket or request a response from the contact form where as a registered user you can reset your login details.
7.4 First line support issues / response times from 10 minutes to 2 hours. Support example tickets such as loss of passwords, basic FTP connection problems and E-mail passwords.
7.5 Advanced Response issues such as any problems with databases, any down time and e-mails problems can be 1, 2 up to 8 hours or more depending on individual issue.
7.6 All service level agreements are valid by support ticket submission only. We operate support by an E-mail support ticket system for security and audit requirements to track all issues and to make sure all issues are dealt with. All support tickets are dealt with and responded to. Please always check your junk mail folders or spam filters to make sure ASP-Host.co.uk is not reported as spam by your filter or Internet Service provider.
8. Compensation Pro-rota if service fault by hardware failure or found to be Asp Host software, operating system failure.
8.1 Any service downtime outside of the 99.9% SLA of more then 24 hours downtime, compensation is awarded on evidence that the issue was by Asp Host or service downtime failure then a pro-rota fee will be awarded based on your annual package fee if there is an escalation complaint for any outage compensation. Compensation can not be no more then the package annual total fee unless a separate agreement had been signed on a 100% Service Level Agreement such as a managed dedicated server or outsource contract. Compensation will be awarded on a pro-rota of the full annual fee which is typical 1 to 3 months on average based on clients paying fee based on an average 20% of the paying fee.
8.2 We can not be held responsible if your website is hacked or data, web scripting is corrupted causing you downtime as your FTP could get into the wrong hands or your PC, Mobile device might not be fully protected from virus or Trojans.
8.3 We can not be held responsible for web work we have not designed, or misconfiguration of client uploading web files. We are only the web service provider and if the website has not been designed or coded by our own Asp Host development team then we can not be held liable for obvious reasons of having no involvement in the design and web scripting.
9. DNS Requests and Changes Outside of Normal Hosting Support Agreement.
9.1 Any IT configuration consisting of DNS changes, web scripting or database work will carry a minimum configuration charge based on the standard 30 minute rate within industry standard charges. All clients will be quoted and advised of any charge beforehand on any such web fix, e-mail add-on or DNS request that is outside of normal hosting support. Asp Host clients have discounted rates. If the issue is a hosting fault issue then no fee will apply as support will be as normal.
9.2 Resource issues causing your website to crash and go offline could be a typical support admin charge if you exceed capacity for your hosting package or accidentally uploaded a virus causing your data pool to crash. If payment is not made within invoice payment date then ASP-Host.co.uk may immediately suspend any services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer gives notice to cancel via a support ticket.
10. Data Back Up \ Shared Hosting Plans \ Added 2nd Back Up Options
10.1 Our data, web files back up software backs up your data as part of our services using industry standard software where the software will back up the whole server in the event of a disaster recovery procedure.
10.2 There are some exclusions if a restore is not possible. In the event we are not able to restore your data from a complete Disaster or Hardware fault, then we can not be held responsible if no 2nd back server option was taken out on the sign up request or not requested as part of the added services.
10.3 It is important clients also keep a copy of their own web-files in any Disaster Recovery or full data loss for safe guarding if you are not paying for a 2nd server back up option where your files are copied onto a 2nd server on a regular basis. weekly basis.
If you like to discuss a 2nd safe option for storing your data then please contact us to discuss one of our added service plans which we call "icloud back up and server balance" Please note unless you are on a dedicated server hosting plan then we would recommend you take a back up of your own website and files each month as it is clients responsibility to keep copies of their own data files, web files.
10.4 We can not be responsible for any loss of business, downtime or other cause that might effect your business or personal website unless you signed a specific service level agreement to cover such an event.
11. Security \ Cisco Routers \ FTP Protection
Client access upload details such as FTP will lock every 28 days if not used to protect Spam and 3rd party access in protecting your security details. If you have a static IP address then we can add this to our Cisco switch so your details are not locked.
12. Unlimited Usage
ASP-Host.co.uk offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, ASP-Host.co.uk may find a customer to be using server resources to such an extent that he or she may jeopardise server performance and resources for other customers. In such instances ASP-Host.co.uk reserves the right to impose the High Resource User Policy for the consideration of all customers.
13. High Resource User
When a web site is found to be monopolising the resources available ASP-Host.co.uk reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby ASP-Host.co.uk continues hosting the web site for an additional fee.
14. Server Use
ASP-Host.co.uk provides World Wide Web page hosting. If illegal content or fraud is found then ASP-Host.co.uk have the right to suspend all services until further investigation. ASP-Host.co.uk reserves the right to refuse service and /or access to its servers to anyone if abused ASP-Host.co.uk do not allow any of the following content to be stored on its servers Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Government regulation. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of ASP-Host.co.uk.
You agree to defend, indemnify, save and hold ASP-Host.co.uk harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ASP-Host.co.uk, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ASP-Host.co.uk against liabilities arising out of;
(1) Any injury to person or property caused by any products sold or otherwise distributed in connection with ASP-Host.co.uk server;
(2) Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) Copyright infringement and
(4) Any defective products sold to customer from ASP-Host.co.uk' server.
ASP-Host.co.uk will not be responsible for any damages your business may suffer. It's the customer's responsibility to keep backups of any web files, E-mails or additional services such as databases and any web file data and all your web files. ASP-Host.co.uk makes no warranties of any kind, expressed or implied for services we provide. ASP-Host.co.uk disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ASP-Host.co.uk and its employees. ASP-Host.co.uk reserves the right to revise its policies at any time due to the nature of internet industry.
17. Complaints & Escalations
Please e-mail any complaint, service escalation or billing issue to email@example.com. Our service team will review your comments and provide an answer to your concerns. Please allow 1 to 10 working days for a response to your inquiry as your feedback is very important to us and we like to review them in our team meetings.
Web Hosting Solutions Ltd