JAB Web Hosting general terms of service

JAB Web Hosting is a brand of Knightmaster Enterprises UK Ltd (part of the Sincordia Group). (hereinafter referred to as “JAB Web Hosting”), a provider of internet related services including connectivity, co-location, dedicated and shared server, website hosting and domain name services. These Conditions set out the terms under which JAB Web Hosting will provide Services to the Client (as such terms are defined below).  These Conditions will be supplemented from time to time by order confirmation forms setting out specific details relating to services requested by the Client and, as so supplemented, will apply to the exclusion of any other terms and conditions including any which the Client may attempt to introduce. JAB Web Hosting reserves the right to change, add, subtract or in way alter these Conditions without the prior consent of the Client.

 

WEB HOSTING

 

You understand that any web hosting may require a separate contract with a web hosting service. We host our domains on behalf of you through our own servers.

Server Use

JAB Web Hosting reserves the right to refuse service and/or access to its servers to anyone.

JAB Web Hosting does not allow excessive download content or non-linked content. We operate a fair usage policy.

JAB Web Hosting reserves the right to move your data to a different server with no previous notice.

Support

Support is available from our office on 01926 424900, we reserve the right to suspend service from time to time for ongoing maintenance.

High bandwidth usage

JAB Web Hosting offers an unlimited usage policy by maintaining very large ratios of bandwidth per customer. In rare cases, JAB Web Hosting may find a customer to be using server resources to such an extent that he/she may jeopardise server performance and resources for other customers. In such instances, JAB Web Hosting reserves the right to impose the High Resource User Policy for the consideration of all customers.

High Data Base Usage

If you exceed the limits on our database products then we will automatically charge you for the additional space you use at our current prices.

High Resources Policy

Resources are defined as bandwidth, processor utilization or disc space.

JAB Web Hosting may implement the following policy at its sole discretion:
When a website is found to be monopolising the resources available, JAB Web Hosting 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 JAB Web Hosting continues hosting the website for an additional fee.

Uploads via Scripting Languages

We limit uploads made via scripting languages- including capital PHP; uploads using PHP are limited to 32MB per file.

Payment Policies

All accounts are set up on a pre-pay basis. Although JAB Web Hosting reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of pre-payment. Payment is due every month or after 365 days, following the date the account was established. Customers will automatically be charged again at the end of their pre-pay period unless closure notification has already been given.

In situations where Customer has not paid, JAB Web Hosting will immediately suspend all services on-line until outstanding charge is processed successfully and you shall still be liable to pay for the ongoing hosting fees. In addition JAB Web Hosting reserves the right to suspend the other services until the outstanding debt is cleared. Any non-payment of a recurring invoice is subject to a £20 administration charge. Customer are responsible for all money owed on the account from the time it was established to the time the Customer sends a return cancellation request.
In the event of a dispute you shall not withhold payment. We will investigate any dispute and issue refunds where relevant. JAB Web Hosting reserves the right to terminate/suspend any service if payment schedules are not being followed.

All payment is in Pound Sterling and all prices are displayed ex-VAT unless stated otherwise.

Cancellation and Refunds

JAB Web Hosting reserves the right to cancel the service at any time. Fees are charged on a Pre-pay basis and are non-refundable. In addition, some accounts incur set-up fees; these charges are also non-refundable. In this event, customers will be entitled only to a pro-rata refund based upon the remaining period of contract. In case cancellation is initiated by the customer, the customer will be charged our standard hourly charge in addition to any other applicable charge. If a customer contravenes JAB Web Hosting terms of service, a refund will not be issued in the event of cancellation.

All Hosting is subject to a 12 month contract. If you do not cancel your agreement 30 days before the end of the current year, then you are liable for another 12 months charge.

Charge backs

Any customer withdrawing payments via Bank or Credit card [a “chargeback”] may be subject to a punitive fee of £50, should the company deem this charge back to be unfair. The Company also reserves its rights to defend such charge backs and recover the original monies from the card issuer.

 

DOMAIN NAMES

 

The domain name is registered in your own name, with the address and contact details of the Company. You should be aware that the domain name is registered through a registrar and as such you shall agree to fully abide by the terms and conditions set out by the third party for such services. Although there are multiple registrars across the world, Nominet are the domain registrar in the UK. When registering a .uk domain name you agree to Nominet’s Terms and Conditions stimulated here https://nominet-prod.s3.amazonaws.com/wp-content/uploads/2016/03/Terms_and_Conditions_of_Domain_Name_Registration.pdf.

You agree to take all legal responsibility for use of third party domain name and hosting services and supply truthful details to the third party services.
You agree that the information submitted for registration of domain names is then available to the general public via the registrars Whois system. However, Clients who are using their website for non-trading purposes may ask the third party registrar for their contact information not to be included in the registrars Whois system.

You are liable to pay the Company for any domain name registrations including but not limited to further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrades, extra disk space, bandwidth and any other related or hidden charges levied by a third party that JAB Web Hosting are not aware. You the customer should ensure that you are aware of the expiration date of any domain owned by yourself. We will endeavour to notify you of any renewal dates through our registrar, but do guarantee that renewal notices will get to you. It is ultimately the customers responsibility to ensure that the renewal of their domain takes place on time. Sincordia accepts no responsibility for any domain not being renewed on time. JAB Web Hosting will make every effort to renew your domain names on your behalf. In case it is not renewed, JAB Web Hosting cannot be held responsible for non-renewal of your domains and as a customer you should check to see if your domain names have been renewed annually. You agree to pay the domain name and hosting fees and all renewal fees as soon as demanded by the Company. In the event of non-payment, the registration of the domain will be suspended and in some cases a redemption penalty will be levied.

All alterations are to be requested preferably in writing by email, or verbally in case of urgent necessity. We are not liable for the consequences of any requests made to us. After the allocated time for alterations is used up, either in design or coding, the Company reserves the right to advise you as such and send a separate quotation to you and to request payment for any further alterations.

Expiry notices ever 30 days, 14 days, 3 days and 1 day before the domain is due to expire.

 

GENERAL TERMS

 

Agreement

You agree that the information that you have given us or give to us in the future is correct and is in no way misleading, offensive or against any Country’s Law. You will maintain secrecy of your passwords and will be solely responsible for any unauthorized access to your account by any person.

Termination

You hereby acknowledge and agree that JAB Web Hosting may terminate its services or involvement with you, at any stage or at any time during the introductory and/or negotiation and/or facilitation process, by giving you written notice thereof, without JAB Web Hosting having to provide you with any specific explanation or reason, or without JAB Web Hosting having any legal or financial obligation or liability towards you of whatsoever nature.

This Agreement may be terminated at any time if:
(a) your website contains any material which is illegal, radically abusive or is likely to cause offence or damage JAB Web Hosting reputation; (b) you commit any material breach of this agreement; (c) you enter into liquidation whether compulsory or voluntary, as a receiver or administrator appointed, enter into any arrangement with your creditors or cease or threaten to cease to trade; (d) you stop paying JAB Web Hosting.

However, we will give you 14 (Fourteen) days to meet any such obligation before terminating our Agreement.

Suspension Of Services

We reserve the right to suspend all or any of the services that we have given to you, including those that have been already paid for should any of these terms not be met.

Charges and Payments

The price that we charge you for our services is stated in your contract. You will pay to us all the charges on their due dates. Payment will either be in advance or by invoice. We reserve the right to make that decision. You can and may request additional services at any time after your Agreement has started. If we agree to provide you with these services you will pay the additional services that they incur.

We will charge you for any administration costs and loss of work that have occurred for any payment not being met for whatever reason or that has not been honoured by your bank or any method of payment that has been made by you to us.

The charge for these defaults for non-payment and indeed any default of payment regardless of what it is or how it has been caused will be 100% of all outstanding order values. Should this debt have to be recovered in the Court additional charges including all legal and recovery costs will be charged to you. As a director or owner of your business you also give us your personal guarantee that all monies owed to us if your business is unable to meet them will be paid by you.

Refund Policy

JAB Web Hosting offers a 30 days money back warranty during which time customers can request the cancellation and refund of their accounts and JAB Web Hosting will refund the payment made for the account. If the 30 days time has passed the cancellation and refunds come under the following section.

All services are rendered ensuring its quality. We generally take upfront and subsequent payments. If at any time in the service rendering process, you are not satisfied with the quality of work, you may bring it to our attention. We will investigate and decide about the refund. In general, we will not refund payments on time spent/services rendered, since JAB Web Hosting’s charges are based on the hours of work spent on the project. If a customer contravenes JAB Web Hosting’s terms of service, a refund will not be issued in the event of cancellation.

Refunds are only possible if we are unable to render the services to you.

You are not entitled to a refund of any of our services if you:
Decide to discontinue the use of our services
Find our charges to be higher compared to others and you can’t afford the services;
Choose the wrong specifications for the service;
Knew about the particular fault prior to purchase; and/or
Were responsible for causing the fault.

Copyright

You represent to JAB Web Hosting and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to JAB Web Hosting for inclusion in your website are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend JAB Web Hosting and its subcontractors from any claim or suit arising from the use of such elements furnished by you.

Unless explicitly specified, it is assumed that:
JAB Web Hosting will hold all copyright to the site it designs unless otherwise stated in writing;
It will remain the sole intellectual property of JAB Web Hosting
JAB Web Hosting will own the intellectual property rights in any service given to you.
You will have no resell rights.
If you require copies of your site, you will be charged by the hour for any admin costs that are incurred including postage and packaging.
JAB Web Hosting will not be responsible for any Copyright infringement or Domain name infringement against any law in any land brought on by your website.

Privacy

JAB Web Hosting respects privacy of its clients. JAB Web Hosting will not monitor, edit, or disclose any personal information about your accounts, including hosted content, without your prior consent, unless JAB Web Hosting has a good faith belief that such action is necessary to: (a) comply with legal process or other legal requirements of any relevant authority; (b) protect and defend the rights or property of JAB Web Hosting; (c) enforce the terms of a Task Order, this Agreement or these Terms and Conditions; or (d) protect the interests of users of JAB Web Hosting’s Hosting Services. You acknowledge and agree that your IP address is transmitted and recorded with each message sent from the Hosting Service. You can view our full privacy policy here.

Confidentiality And Proprietary Rights

In this Agreement, “Confidential Information” shall mean any and all technical or business information, including third party information, furnished in connection with this Agreement, in whatever tangible form or medium, or disclosed by you to JAB Web Hosting (including, but not limited to, product/service specifications, prototypes, computer files and programs, models, drawings, marketing plans, financial data and personnel statistics). Notwithstanding the termination, expiration or cancellation of this Agreement JAB Web Hosting agrees to treat such Confidential Information as confidential for a period of ONE year from the date of receipt of same unless otherwise agreed to in writing by you.

You will keep the details of the Agreement and any such information which you may learn about JAB Web Hosting, our business technology and our clientèle, strictly confidential and agreed not to disclose it to any third party. Upon termination, cancellation or expiration of this Agreement for any reason or upon request of the disclosing party, all Confidential Information, together with any copies of same as may be authorized herein, shall be returned.

You agree that if JAB Web Hosting suffers any loss or there is a failure from your end to meet any of these obligations, you agree to pay us directly and immediately for any proven losses that may occur.

The obligations imposed in this Article shall not apply to any information that: (a) is known to the public (through no act or omission of JAB Web Hosting in violation of this Agreement); (b) is lawfully acquired by JAB Web Hosting from an independent source having no obligation to maintain the confidentiality of such information; (c) was known to JAB Web Hosting prior to its disclosure under this Agreement; (d) was independently developed by the JAB Web Hosting; or (e) is required to be disclosed by governmental or judicial order.

The requirements of use and confidentiality set forth herein shall survive the expiration, termination or cancellation of this Agreement.

Limitation Of Liability

The entire risk as to the quality and performance of the Website is with you.

(a) JAB Web Hosting shall not be liable to you for any loss or damage [including but not limited to loss of data, loss of profits/sales, website downtime, loss of business or staff or management time incurred] caused or arising directly or indirectly out of JAB Web Hosting’s services provided under this Agreement [except to the extent to which it is unlawful to exclude such liability under English Law]. (b) Notwithstanding the generality of (i) above JAB Web Hosting expressly excludes liability for any indirect, special, consequential or incidental loss or damage which may arise in respect of the services to be provided under this Agreement. (ii) In the event that any exclusion contained in this Agreement shall be held to be invalid for any reason and JAB Web Hosting becomes liable for loss or damage that may lawfully be limited, such liability shall be limited to the whole amount paid by you during the preceding Initial Period or Renewal Period, as the case may be. (iii) JAB Web Hosting does not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of the JAB Web Hosting, its employees, agents or authorized representatives.

We will not be liable to make any payment to you including the return of deposits either in part or full for any delay or failure to meet any of our obligations under this or any other agreement made to you by either verbal, written or electronic means.

This includes [but is not limited to] any events that are beyond our control such as our computers, technology in general, telecommunication equipment including satellite and internet suppliers.
We are liable to you to cover the contract and services provided to you as long as none of the other points in this contract are broken by you.

Indemnity

You agree to use all Company services and facilities at your own risk and agree to defend, indemnify, save and hold JAB Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable Attorney’s fees asserted against JAB Web Hosting, its agents, its customers, officers and employees, that may arise or result from any services provided or performed or agreed to be performed or any product sold by you, your agent, employees or assigns. You agree to defend, indemnify and hold harmless JAB Web Hosting against liabilities arising out of: (a) any injury to person or property caused by any products sold or otherwise distributed in connection with JAB Web Hosting servers; (b) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (c) copyright infringement; (d) any defective products sold to customers from JAB Web Hosting servers and (e) claims arising from omission to inform or implement the updates needed for the site.

You agree that this indemnification extends to all aspects of the work completed by JAB Web Hosting, including but not limited to website content and choice of domain name.

Warranty Disclaimer

JAB Web Hosting makes no warranties with regard to the site and its contents. The Company cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.

JAB Web Hosting is not responsible for any content published on your website that infringes any law, copyright or compliance. Customer is solely responsible for the security, confidentiality and integrity of all the content and messages received, transmitted through or stored on the web/server hosting service.

JAB Web Hosting will not be responsible for any damages or losses your business may suffer. JAB Web Hosting makes no warranties of any kind, express or implied for services we provide. JAB Web Hosting does not back up your data/website and while every attempt would be made in the unlikely event of any corruption or hardware failure. JAB Web Hosting 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 services interruptions caused by JAB Web Hosting and its employees. JAB Web Hosting reserves the right to revise its policies at any time.

JAB Web Hosting hands over files on request, once full payment has been made. However, the intellectual rights are the property of JAB Web Hosting unless stated otherwise at the time of contract. On handover of files from Company to you, you shall assume entire responsibility in ensuring that all files are functioning correctly before use. While every effort is made to make sure files are error free, the Company cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error free. If, after handover of files, errors are found in code the Company has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then the Company can correct these errors for you free of charge for a period of 3 months, after acceptance of the work. After the 3-month period, the Company reserves the right to quote separately for any work involved in correcting an error.

If, after handover of files, errors are found in code the Company has created and the standard development platform, or the domain name set-up or hosting set-up have been changed, the Company can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.

The Company may from time to time recommend to you that updates are needed to your site, including but not limited to new legislation compliance, software compatibility and web standards. The Company reserves the right to quote for any updates as separate work. You agree that the Company is not liable for any failure to inform or implement these updates to their site.

You agree that the Company is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

You agree that the Company is not liable for any bugs, performance issues or failure of third party software as they are open-source softwares distributed under the GPL (“GNU General Public License”) and are maintained and developed by a community of thousands of users and Companies. Any bugs, performance issues or failure with the software will be directed to the respective Development community.

General

We will not be liable to return any art work to you or any other material that you supply to us for the purpose of providing our services to you.
To maintain the quality of our service to our clients we reserve the right to change these terms and conditions and the nature of our services, which we have agreed to provide to you by giving you at least 28 days written notice. This notice will appear on our website.
You may not transfer any of your rights or obligations under this Agreement to anyone else without our prior or written agreement.
If you wish to write to us, please send your letter to our main office by means of a recorded method. Any other method apart from email with proof of sending will be classed as unsent.
These terms and conditions together with the order schedule, work sheets and any additional attachments form the whole of our agreement. They apply in place of any terms and statement made to you by any JAB Web Hosting representative.

Correspondence

We aim to reply to all correspondence to us within 24 hours. If we are required to gather information this may take longer but no longer than 3 days. In this case we will respond to you letting you know that we are looking into your query and gathering information and that it shall be answered shortly.

Notice

All notices must be in writing. Notices to JAB Web Hosting must be addressed to Unit 1, Holly House, Queensway, Leamington Spa, Warwickshire CV31 3LZ or such other address as is advised by JAB Web Hosting. Notices to the Customer will be considered validly given if addressed to your address as shown in the agreement or such other address as is advised by you to JAB Web Hosting in writing.

Severability

In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. No waiver of any rights JAB Web Hosting has under this Agreement shall be deemed from any failure by JAB Web Hosting to enforce any part of this Agreement.

Authority

The signatory to this Agreement warrants that he/she has the authority to commit the Customer to this Agreement and further confirms that this Agreement is made between two businesses. If any of the Customer’s payments are made by a credit card which is not in the name of the Customer then the Customer warrants that it has authorised payment to be made in this way and it is for the Customer to reimburse the card holder for any payment made on its behalf.

Governing Law

This Agreement and Terms shall be governed by and subject to the laws of England and Wales without regard to its rules concerning conflicts of law. The parties hereto irrevocably consent that all disputes which may arise out of or in connection with this Agreement or the Terms shall be subject to the exclusive jurisdiction of the courts of England.