Terms & Conditions

These are the only terms and conditions under which we are willing to provide services to you and will apply to the exclusion of any other terms and conditions including any which the client may attempt to introduce. By ordering or using any of our services indicates acceptance of these terms and that you agree to be bound by them.

We are

Phase 5 Communications Ltd
Registered in England and Wales, Registration Number: 04964436.
VAT Registration Number: 814 5751 29

Our address is:

Phase 5 Communications Ltd
BBIC, Innovation Way
Barnsley
South Yorkshire
S75 1JL (United Kingdom)

If you need to contact us by email, click here.

Basis of contract

Subject to the terms set out in this document and to your compliance with our Acceptable Use Policy ("AUP") we agree to provide to you some or all of the services described on our web site ("the Services") at the prices we charge from time to time, such prices also being stated on our web site. We now refer to the prices of services we sell to you as the "Price".

The information on our Web site is to be treated in law as an invitation to you to make an offer, and not itself an offer.

We are free to refuse your order or to offer to supply you at a different price or under different conditions.

This document forms the basis of the contract between us automatically upon our acceptance.

These Terms may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the Services constitutes your agreement to these Terms and any amendments.

Identification of the Service

You acknowledge that:

You buy as a business and not as a consumer

you understand exactly what is included in the Services;

you are satisfied that the Services are suitable and satisfactory for your requirements;

in entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Price and the Services given on our web site.

Price increase

The Price is set out on our web site.

We may increase our prices at any time.

If you are an existing customer and the price of one or more of your products changes, we will notify you of any increase by email.

Prices shown are subject to VAT at the current rate and the displayed prices do not include VAT unless specified.

Payment and value added tax (VAT)

You agree to pay the Price monthly or annually for the Services, together with value added tax at the then current rate.

You may pay by credit or debit card. If you wish to pay by cheque, then this can be arranged if you contact us. It is your responsibility to make sure cleared funds are in our account by the due date.

Late payments

You acknowledge that if any payment for renewal of a contract is not received in our bank by the day on which it is due, we may suspend the Services and / or cancel this agreement.

We may choose to require an administration fee of up to £25 on re-activation of your account to cover the disruption caused by your late payment.

If we do not receive your payment by the due date or your payments are regularly late, we may terminate your account.

If your account is closed by us because you have not made a payment when due or because you have for any reason failed to give us notice of cancellation you now agree to pay us:

all of the Price for Services to the end of the current billing period of cancellation, whenever that is;

if paid on a monthly basis, the Price for one additional month to compensate us for your failure to give notice;

and you agree that these terms are reasonable.

Termination

This agreement can be terminated by the client by giving notice via the support section of our website, at least 30 days before service renewal.

Likewise, we may cancel this agreement by writing addressed by post to the last known land address or by email to the last known email address of the client.

The agreement may also terminate when we terminate it, without notice, on account of your failure to comply with these terms or the AUP.

Money refund

You are not entitled to a refund of any fees paid to us:

if you terminate this agreement earlier than the contracted date, or

if we terminate this agreement because you have failed to comply with our AUP.

Interruption to services

If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.

You acknowledge that the Services may also be interrupted for many reasons beyond our control.

You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

Transfer of Domain names

If we have to transfer your domain name from another web hosting service to ourselves, you understand that:

we will charge for this service and

the transfer may take from 5 to 60 days.

you may be required to liaise with the current registration agent

you may be required to fax an authorisation form signed by the owner

Technical support

We will provide technical support for issues directly related to our services.

Some of our products and services include a limited amount of free technical support; Some of our services do not include any free technical support; None of our services include unlimited free technical support.

Where free technical support is not available, and/or the included support quota has been exceeded, we will charge you for our services at our standard rates.

Technical support can only be gained through our online support system which is available to you once you have logged into our website.

We will endeavour to respond to any support requests within:

24 hours on normal week days

72 hours at weekends and on public holidays

these are only general guidelines of what we aim to achieve but are in no way guarantees on support response times. A surge in support requests could cause a delay in response times.

We do not guarantee to provide any particular support nor that the support we provide will be adequate for your requirements.

We will not provide support for issues that are not directly related to the correct functioning of our services. For example, we will not provide assistance to you when developing your website, database or when using any 3rd party products in conjunction with our services.

Acceptable Use Policy ("AUP")

Our acceptable use policy sets out what we deem to be acceptable and not acceptable.

You have a responsibility to ensure that anyone who has any access to this service adheres to this policy.

You are responsible for (without limitation)

Your Data

Data stored on our servers (Website content, emails, logs, databases, etc) is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on our servers.

Your Account

You confirm and warrant that all the information supplied by you when you register on-line for the services is true, complete and accurate in all respects and you agree to notify us within 30 days of any changes to that information.

You are held solely responsible for any services maintained under your account.

You must not divulge the master password to any other person or entity, and you should take reasonable precautions to ensure that it is not discovered by other people.

Any communication with us should be made through the service area on our website. We may refuse any communication that has not originated from the service area.

Any communication received through the service area should originate from the account holder and where possible, will be acted upon without question.

You are responsible for ensuring that no unauthorised access is obtained to the Services through Your Account. You will be entirely liable for all activities conducted through Your Account whether authorised by You or not, until such time as You notify us of such unauthorised use and we have reset the password on your account.

You will notify Us of any unauthorised use of Your password or Account, or any other breach of security.

If we have reason to believe that there is likely to be a breach of security or misuse of the Services We may change Your password and notify You accordingly.

The content that you place on or otherwise transmit through our servers.

Obtaining legal permission for any works they include and ensuring that they do not violate UK law.

You will be held responsible for and accept responsibility for any defamatory, confidential, private or other proprietary material available via your page(s) or that you have otherwise transmitted via our services.

We reserve the right to remove material that we deem inappropriate from your web pages, without prior notice and at our own discretion.

You must not (without limitation)

Upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar or obscene. This includes, but is not limited to: Adult content, Wares(Software that you do not have permission to distribute), Hacks, Cracks, Serial numbers (for software that you are not the developer of!) and any other material that could be considered obscene, distasteful or otherwise illegal.

Use our service to impersonate (or attempt to impersonate) any person or entity.

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content that is transmitted or received via our servers.

Upload, post or otherwise transmit any content that may contain viruses or any other computer code, files or programs that can have an adverse effect on our servers/service and/or third parties.

Promote or provide information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.

Run (or attempt to run) any resident processes on the server.

Participate in any form of un-solicited bulk e-mailing or spam.

If you have been found to be misusing or abusing our services then, where appropriate, we may report you to the appropriate authorities (In the case of criminal matters, the police.) and/or suspend/terminate your account without notice.

SPAM and Unsolicited Commercial Email ("UCE")

You agree that you will not:

use or permit others to use our network or services to transmit UCE;

publish or permit publication of, sites or information that is advertised by UCE from other networks. You agree that if you do so, we may terminate the Services.

Intellectual property ownership

Our use of any Intellectual property belonging to us or to any third party as part of the Services shall not operate to transfer any right to you permanently.

If we assign to you an Internet Protocol address the right to use that Internet Protocol address shall belong only to us.

We reserve the right to change or remove any Internet Protocol number in our sole discretion.

Bandwidth and Disk Usage:

You agree that bandwidth and disk usage shall not exceed the data usage per month for the Services ordered by you.

If your usage exceeds the contractually ordered amount, we may in our discretion:

Increase the Price to the minimum price currently charged by us for the usage you have used, or

If in our opinion your usage puts at risk the continued service provision to other customers, we may terminate service to you.

We shall give you 7 days notice of our intentions.

Confidentiality

We are both aware that in the course of business we will each have access to and be entrusted with information in respect of the business and operation of the other and their dealings, transactions and affairs, all of which information is or may be confidential.

We and you hereby undertake for ourselves and every employee or sub-contractor whose services we use that neither we nor they will divulge to any person whatever or otherwise make use of (and shall use their best endeavours to prevent the publication or disclosure of) any trade secret or confidential information.

We both mutually undertake to the other to make all relevant employees' agents and sub-contractors aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as shall from time to time be necessary to ensure compliance by our employee's agents and sub-contractors with these provisions.

System and Network Security:

You agree that you will not, and you will not allow any other person to, violate or attempt to violate any aspect of the security of our systems.

You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

Examples of violations are: (but not limited to)

accessing data unlawfully or without consent;

attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";

forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

taking any action in order to obtain services to which you are not entitled.

Privacy policy exception

You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a request without further consent or notification to you.

No duty to monitor

We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility through our AUP or otherwise to monitor or police Internet-related activities.

Violation of AUP

You agree at all times to comply with our AUP.

If in our absolute discretion we think you have violated our AUP, we shall notify you of this by email. We may suspend service to you pending further investigation.

If within 12 months of the first violation, you commit a second violation whether in a similar or different way then we will terminate part or all of the Services without notice.

In any case we may suspend all the Services without notice if we reasonably believe the circumstances justify this to protect ourselves or others or to comply with any law. In making the decision to suspend we are not obliged to consider the cost or damage to you that may be caused by suspension of the Services to you.

Money will not be refunded to you in respect of any period during which Services are suspended.

Your contact details

You undertake to provide to us your current land address, email address and telephone number as often as they are changed.

Limitation of liability

We give no warranty in connection with the Services.

We do not represent that the Services are suitable for your use.

You have not relied on us as "experts" in any area.

You agree that in entering into this agreement you have not relied on any representation or other information except the list of services and the prices posted on our web site.

We accept no responsibility for:

any malfunction in hardware provided by you;

any firewall provision not specified in the Services;

any malfunction in any software whether provided by you or by us;

any aspect whatever of the content of your web site.

You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 3 month period.

we shall not be liable to you for loss of profits, goodwill or any type of special indirect or consequential loss (including loss or damage suffered by you as a result of an action brought by a third party) even if such loss was reasonably foreseeable or we had been advised of the possibility of your incurring it.

Comply with Acceptable Use Policy

You agree to comply with the acceptable use policy set out from time to time on our web site or as notified to you from time to time by email.

You indemnify us

You agree to indemnify us against all costs claims and expense arising directly or indirectly from:

your failure to comply with the law of any country;

the posting by you of any content on your web site;

a breach of the intellectual property rights of any person;

the posting by any third party with or without your knowledge of any material on your web site;

any action taken or omitted by any third party in relation to your web site;

any use of your web site for a purpose forbidden by this agreement;

and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £60 per hour without further proof.

Force majeure

Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including strikes of its own employees.

Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.

If a default due to force majeure continues for more than 6 weeks then the party not in default shall be entitled to terminate this agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure.

Successors to the agreement

The benefit and obligations of this agreement shall be binding on any successor in title.

Neither party shall be entitled to assign this agreement nor all or any of their rights and obligations hereunder without the prior written consent of the other.

Dispute Resolution

In the event of a dispute arising out of or in connection with this Contract and which has not been resolved following discussions and negotiations between a person or persons appointed or authorised by the Customer and the support team then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

Waiver

Failure by us to enforce at any time or for any period any one or more of the terms or conditions of this Contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Contract.

Jurisdiction

This Contract shall be interpreted according to the laws of England.



Effective Date/Last Updated: 7th April 2017.
Changes:

Corrected numerous spelling and grammatical errors.

Previous Update: 10th March 2016.
Changes:

Corrected mis-leading wording relating to technical support.

Previous Update: 27th October 2015.
Changes:

Removed broken bullet points. (Purely cosmetic update, no content change)
Fixed Chrome browser compatibility issue.
Corrected contact email address.

Previous Update: 12th February 2008.
Changes:

Revised Acceptable Use Policy.