Premium NVMe SSD cPanel Website Hosting - Sold Without Greed!

+44 (0)3303 501262 (M-F: 6pm - 12am GMT/BST)

Support Ticketing Available: 24/7.

poundawebsite Ltd Terms and Conditions

You can find out all about our terms and conditions on which we supply our services described on our website www.poundawebsite.com to you (“Services”) here.

Our primary services are website hosting services (“hosting services”) domain name registration and renewal services (“Domain Registration and Renewal Services”) and VPS leasing (“VPS Leasing”). Capitalisation should not be read as intending to in any way vary them.

We only supply to clients (including businesses and for personal use) based in the United Kingdom for tax purposes.

Please read these terms and conditions carefully before ordering any services from our website. By ordering any of our services, you will be bound by these Terms and Conditions. Refusal to accept these Terms and Conditions in full (alongside our wider policies referred to within them) will result in no services from our website being able to be ordered.

Our Privacy Policy under the European General Data Protection Regulation (GDPR) forms part of these Terms and Conditions.

We would recommend that you read through this document carefully, printing a copy for your records if required but, please be aware, it is your responsibility to keep up to date with our Terms and Conditions on this page as they can be changed without notice. Our price locking policy and our price increase policy will prevail, regardless of any terms and conditions changes until 1 January 2024.

2. INFORMATION ABOUT US

2.1. www.poundawebsite.com is a website operated by poundawebsite Ltd (“we”, “us” and “our”). We are registered in England and Wales under Companies House number 13612876 and we have our registered office at 27 Old Gloucester Street, London, WC1N 3AX. Our VAT Registration Number is 390 6310 07.

2.2. At this time we can only accept orders from clients/customers based in the United Kingdom for tax purposes.

2.3. For information about how we handle your data, please read our Privacy Policy. Accepting our Privacy Policy, alongside our other policies is a term and condition of us providing services to you.

2.4. Contracts for the purchase of services through our site will be governed by English law. Any dispute arising from, or related to, such a contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between you and us and our liability in all cases shall be limited to £1.00 for our shared hosting products from the date that you notified us and upto £50.00, or the cost of your monthly leasing from the date that you notified us (whichever is lower) for VPS Hosting. In any other case, falling outside of our shared hosting and VPS Services, our liability shall be limited to £1.00 unless stated otherwise within these terms and conditions to the maximum possible extent within law.

2.5. By ordering services from us, you also agree to our Fair Use and Ethics Policy, our Privacy Policy and our Website Terms of Use.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

3. YOUR STATUS

3.1. By placing an order through our website, you warrant that:

3.1.1. You are legally capable of entering into binding contracts.

3.1.2. You are at least 18 years old.

3.1.3. You or your business (dependent on the services being in your name or that of your business) are based in the United Kingdom for tax purposes.

3.2. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.

3.3. You accept our Fair Use and Ethics Policy and you are placing an order that is not in contravention of it. It is our policy to immediate terminate any account that we find in breach without refund. Our Fair Use and Ethics Policy forms part of the contract.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

4. THE ORDER PROCESS

4.1. One website per £1.00 + Vat + a small handling fee per package – we restrict the importing of additional domains to your package to uphold this policy but we do not restrict the purchase of domains more widely. If you need to import domains for the same business or personal website to your package (cPanel account), for example, multiple tld’s or to accommodate for your customers or visitors mispelling or confusing your main website domain (URL address), then we will be happy to attach these free of charge – for example: www.abclimited.com, abcltd.com, abclimited.co.uk, www.abclimited.net etc but they must absolutely mirror your main domain.

4.2. Attachment of additional domains for no extra charge (per para 4.1) is ultimately at our discretion to prevent abuse through loss of revenue and we reserve the right to monitor continued use of additional domains but we will not refuse your request unreasonably. Additional packages (cPanel accounts) cost £1.00 + VAT + a small handling fee per package and they can be ordered and accessed through the same client area.

4.3. You can only place an order with us for services once you have successfully registered an account with us. This then gives you access to our client area. Information that you provide while registering an account with us must be complete and accurate. By creating an account, you agree that we may suspend access to the account and the services that we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your username and password for your client area private at all times and you must not allow anyone else to use it. You must contact us should you believe that your username or password has become known to someone else.

4.4. Before you submit an order you will be shown a summary on screen including details of the services you wish to order and the price payable, including our small handling charge and with VAT clearly specified. There will be an option to amend/correct any errors before proceeding to complete the order.

4.5. Before you are able to submit an order, you will be required to register a credit or debit card. We also accept paperless direct debit, however you may need to use a credit or debit card on your first order and when registering, transferring and renewing domains. These details are stored with our payment merchants who are currently Go Cardless, Paypal and Stripe. We do not have access to those details save for the last 4 digits of the card or the last 4 digits of the bank account number.

4.6. Once an order has been placed, we will provide you with confirmation of the services you have ordered. This confirmation will be sent to the email address registered to your account.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1. After placing an order, you will receive an e-mail from us accepting your order and, if appropriate, letting you know that the Hosting Service you have purchased has been activated (“Acceptance Confirmation”). Your order constitutes an offer to us to buy our Services and all orders are subject to our acceptance.

5.2. We reserve the right to conduct checks on the legitimacy of any order and after during the course of continued payments to us for services, Our checks are run in partnership with outside professional providers. These are listed within our privacy policy. Our fraud checking is designed to protect genuine customers and us from fraud. Any details that you provide to us may be used to conduct these checks. None relate to your ability to pay (credit checks) and our checks are designed to confirm your identity and to prevent our systems (and that of our Contractors) being subjected to illegality and/or abuse:

5.2.3. The information that we receive back is simply a combined risk score relating to multiple aspects of the transaction that may also be influenced by any abuse of other web hosting company systems or previous fraudulent activity. You may also be contacted by Maxmind INC, Hexasoft Development Sdn or Bhd and Validation.com INC for proof of identity and address. Please do not comply with requests that do not originate from these companies and please contact us if you are in any doubt before providing such details. Your cooperation and playing your part in these matters makes the internet a safer place for everybody.

5.3. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the services ordered for any reason, in which case we will inform you.

5.4. The Contract will relate only to those services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other services which may have been part of your order until such services have been confirmed.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

6. OUR STATUS

6.1. We may provide links on our website to the websites of other companies or of charities whether affiliated with us or not. We cannot give any undertaking that products, services or charitable objectives you purchase from companies or subscribe to with charities that we promote, where we have provided a link on our website or referred you to them, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. It is your sole responsibility to ensure that you are satisfied.

6.2. Any disclaimer does not affect any statutory rights against the third party seller or other organisation.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

7. CONSUMER RIGHTS

7.1. If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Contract Regulations 2013 allow you to cancel the Contract at any time within 14 working days, beginning on the day after you received the Acceptance Confirmation.

7.2. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Contract Regulations 2013.

7.3. This provision does not otherwise affect your statutory rights.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

8. PRICE AND PAYMENT

8.1. The price of any services (including handling fees) will be as quoted on our website (exclusive of VAT).

8.2. The total cost of your order (including VAT and handling fees) for the services will be set out clearly before you submit your order for the services.

8.3. Prices of our shared hosting, excluding pawCare, are fixed until 1 January 2023. We will notify you of a change in our prices at least 28 calendar days before the price increase comes into force. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to your account. We will only increase our prices if our supplier does and after consultation with our clients about potential other options.

8.4. Any price revisions considered shall not exceed UK CPI (Consumer Price Inflation) + 1% over any 12 month period.

8.5. Due to the number of Services including domains offered for sale/leasing, it is possible that despite our efforts some Services may be incorrectly priced. We deal with these situations accordingly:

8.5.1 Where a service’s correct price is less than our stated price, we will charge the lower amount when accepting your order;

8.5.2 If a service’s correct price is higher than the price stated on our website, we will normally, contact you for instructions before accepting your order; and

8.5.3 We are under no obligation to provide the services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation.

8.6. We reserve the right to seek to recover any outstanding amounts due from you by other means, including referring the debt to an external debt recovery agent if necessary. If this method is sought, you may become liable for additional fees and charges and you agree to pay such charges in addition to the outstanding amount owed to us.

8.7. Time for payment shall be of extreme importance. No payment shall be deemed to have been received until we have received cleared funds. If your chosen method of payment is not authorised by your credit card provider or bank, you hereby authorise us to seek payment from any other credit card, debit card or direct debit registered against your client account.

8.8. If we fail to authorise payment when a payment is due, your account will be suspended forthwith leading to a loss of access, save for the ability to satisfy outstanding balances, and fully removed from our systems once 14 calendar days has lapsed without any data recovery being possible.

8.9. Repeated late payment is considered to have occurred where you have failed to make a payment on the date due more than three times in any twelve month period. This shall be considered a breach of our terms and conditions and we reserve the right to terminate your services as such without refund by giving you 30 calendar days notice on accounts where the balance has been satisifed. This does not affect our right to suspend or terminate your services sooner if the circumstances in paragraph 8.7 apply.

8.10. We reserve the right to insist that payment for services is paid by credit or debit card as opposed to by Paypal or Direct Debit. This is due to a gap that can form between us receiving cleared funds whilst we are expected to satisfy costs with our suppliers for some orders that you place immediately and also to prevent loss of income through cancelled orders where we do not receive a refund from our suppliers. This would ordinarily not affect shared hosting packages but it may affect payments for VPS and payments relating to domains.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

9. QUALITY

9.1. We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.

9.2. We will not be liable for a breach of the warranty provided above unless:

9.2.1. You give written notice of the breach to us;

9.2.2. We are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you;

9.2.3. The problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any);

9.2.4. You alter the Services without our written consent;

9.2.5. The problem arises because of misuse.

9.3. If we are in breach of the warranty in accordance with the clause above we will, use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services limited to £1.00 for shared webhosting per month from the date that you notified us of the breach or, in the case of VPS’ upto £50.00, or the cost of your monthly VPS leasing (whichever is lower), from the date that you notified us. We do not warrant any other services save for separate contracts that we may enter into with you in writing, for example, for custom work and these shall carry their own terms and conditions unless we state otherwise.

9.4. By accepting these terms, you acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

10. ACCESS TO THE HOSTING SERVICE

10.1. It is your responsibility to ensure that necessary arrangements for access to our Hosting Services are in place.

10.2. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions (and in particular, but not limited to, our Fair Use and Ethics policy) and that this does not permit the provision of your security details to a third party.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

11. HOSTING SERVICE SERVICE LEVELS

11.1. We do not warrant access to our servers, including shared hosting, will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

12. IP ADDRESSES

12.1. You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you throughout use of or upon the expiry or termination of Services.

12.2. Any IP address allocated to you is allocated as part of the Hosting Service you purchased, may be shared across our clients and it is not portable or otherwise transferable by you in any manner whatsoever.

12.3. If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you but due to the way in which our business operates, notification of an issue would need to be received from you.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

13. BACK-UP/RESTORATION OF YOUR MATERIAL AND OUR SERVERS (SHARED HOSTING ACCOUNTS)

13.1. It is your responsibility alone to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload onto our servers as part of your use of the Hosting Services.

13.2. We provide access to Jetbackup at no extra cost to make website and database backups within cPanel. For cPanel accounts (1 website per account)), we run daily automated backups 4 times per day and these are retained for your use, including for easy restoration, for 30 calendar days. You will also have access to our manual backup functionality in addition. Some files are excluded from automated backups (generally preventing backups of backups that clog our servers) and these are contained within our Fair Use and Ethics Policy. Otherwise, our automated backup facility will backup your entire cPanel accounts regardless of the amount of storage that you use.

13.3. All backup and restoration services are provided without warranty and we disclaim all liability in relation to them, without limit and regardless of the unusal instance of our error (including that of our contractors) or yours. We stress the importance of keeping your own backups of all website content, including, but not limited to, Email account and database content.

13.4. We will follow our archiving procedures for the data stored on our servers.

13.5. We will not be responsible for any loss, destruction, alteration or disclosure of your material caused by you or any third party in relation to backups or more widely.

13.6. We provide backup and restoration facilities at an additional cost for clients on managed and unmanaged VPS. These are provided on the same terms above save for there being an additional cost attached.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

14. HOSTING SERVICE USAGE LIMITATIONS

14.1. Unless the Hosting Service package you order is for a Virtual Private Server (VPS), you will only be allowed to use a maximum of 10% of our server’s processing capacity when using the Hosting Service package you order.

14.2. We may allow your usage to exceed this CPU limitation, and we will speak to you about your hosting requirements if your usage has a detrimental effect on our other customers. Please note that this right is granted at our absolute discretion and on a per occasion basis.

14.3. When using the Services, you must comply with our Terms of Website Use, our Fair Use Policy and our Ethics Policy. Any conflict between our terms of website use, our Fair Use and Ethics policy and any of our website content, when compared to these terms and conditions, will be resolved in favour of these terms and conditions.

14.4. It is a requirement of hosting with us that, if you are to use your website or any portion of your website as an online shop, or to collect personal information, that you use at least the free Let’s Encrypt certificates that we provide and that you maintain them. We also sell extended SSL certificates. Whether you use the free Let’s Encrypt Certificates that we provide with your hosting, or, you use an Extended SSL certificate, these will contribute towards your website Search Engine ranking improving and also inspire confidence from your customers and/or visitors more widely.

14.5. A breach of the Fair Use Policy, Terms and Conditions, Ethics Policy or Website Terms of Use will entitle us to terminate the provision of Services to you with immediate effect and without refund.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

15. SUPPORT and pawCare

15.1. Our Support Team will help resolve any problems that you have with the Services you are receiving. We will not provide programming support or website design and development support to you, but, as part of our Hosting Services, our servers are compatible with many programming languages;

15.2. We do not provide telephone technical support. Support is provided via online support ticket or online chat. Where we provide technical support as part of your package at no additional cost (“general technical support”), it is at our absolute discretion on a case by case basis as to the depth and scope of the support that we can offer and it is provided without any guarantee as to availability or warranty whatsoever;

15.3. During our start-up phase, general technical support will be provided as quickly as we reasonably can but we do not provide or guarantee timescales (SLAs) for response (although all of our contracts are 30 day rolling contracts and it is clearly in our business interests to respond as quickly as we can), with the exception of pawCare subscribers. We hope to be able to provide SLA’s for technical support to non pawCare subscribers in the very near future as we grow;

15.4. We provide an additional level of support at an additional fee for clients that are looking for cPanel tasks and minor changes to their websites to be undertaken for them. We call this our pawCare service and we describe clients that subscribe to this and our shared webhosting or Managed VPS as “pawCare subscribers”;

15.5. We offer three levels of pawCare support subscription and these govern:

15.5.1. The SLA associated with the extended support offered;

15.5.2. Website copy editing allowances with each package;

15.6. In the case of pawCare Daily24 – the SLA is 24 hours for turnaround of a Subscriber request with the time starting from when a ticket is lodged with the pawCare Daily24 support ticket queue. A limit of three unique tickets per day applies but one ticket can contain multiple tasks and tickets that are waiting in the queue can be updated. A hard limit applies of 10 hours worth of pawCare technical support associated with cPanel tasks and an additional four hours of time is included on top for website copy updates;

15.7. In the case of pawCare Weekly – the SLA is 168 hours (1 week) for turnaround of a Subscriber request with the time starting from when a ticket is lodged with the pawCare Weekly support ticket queue. A limit of three unique tickets per week applies but one ticket can contain multiple tasks and tickets that are waiting in the queue can be updated. A hard limit applies of 5 hours worth of pawCare technical support associated with cPanel tasks and an additional two hours of time is included on top for website copy updates;

15.8. In the case of pawCare Monthly – the SLA is 730 hours (1 month) for turnaround of a Subscriber request with the time starting from when a ticket is lodged with the pawCare Monthly support ticket queue. A limit of three unique tickets per month applies but one ticket can contain multiple tasks and tickets that are waiting in the queue can be updated. A limit applies of 5 hours worth of pawCare technical support associated with cPanel tasks and an additional two hours of time is included on top for website copy updates;

15.9. We do not accept any responsibility for the copy that you provide to us for adding or replacing on your website or for loss if you instruct us to delete copy or, if your instructions are unclear. It is your responsibility to ensure that your instructions and copy are clear and correct, both before, during and after publication;

15.10. If you have made a mistake in the instructions that you have sent to us in relation to your copy, please contact us as soon as possible. There is no guarantee that we will see this in time but we will likely be able to restore your website to a previous point in time from before the changes were made. This could affect other changes that you have made to your website and we do not accept any responsibility in this regard or more widely in relation to your errors or omissions but we will do our best to help – above all, please ensure that your instructions are clear and correct before you send them;

15.11. Copy Editing and cPanel task time allowances do not rollover on pawCare subscriptions and must be fully used within the month following payment up front. Any unused time cannot, for example, add on to the allowance for the following month. We will issue time credits at our discretion and where we consider it reasonable to do so;

15.12. pawCare subscriptions are purchased on a 30 day rolling contract basis, they are non refundable and non transferable;

15.13. Any changes to the pawCare subscription cannot take effect until the end of the 30 day period paid for. Please raise a support ticket for the attention of our billing team should you wish to make changes before your next subscription period;

15.14. pawCare subscriptions shall automatically renew and you will be automatically charged unless you raise a support ticket for the attention of our billing team to cancel them;

15.15. One pawCare subscription per cPanel account (per website);

15.16. pawCare is not available on Unmanaged VPS packages;

15.17. Access to pawCare is through dedicated support ticket queues online within your client area;

15.18. Subscribing to pawCare is wholly optional and if you choose not to it will not lead to an increase in the cost of our shared hosting or Managed VPS packages;

15.19. In all other matters associated with pawCare, please see our wider terms and conditions that shall apply.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

16. DOMAIN NAMES

16.1. Where the Contract includes our Domain Registration and Renewal Service:

16.1.1. We will endeavour to procure the registration of the domain name you request;

16.1.2. We will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name;

16.1.3. We shall not act as your agent or on your behalf in any dealings with the domain name registry;

16.1.4. The registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should consider;

16.1.5. You are responsible for ensuring that you are aware of the terms so that you can comply with them;

16.1.6. We offer a large range of Top Level Domains with some that are industry (for example, .abogado requires validation as an accredited Lawyer) or location specific (for example, .au requires an Australian presence), please ensure that you are entitled to use the TLD before purchasing. If you have any questions, please don’t hesitate to contact us before paying.

16.1.7. The domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “whois” database of the top level domain name registrar;

16.1.8. We shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions, our policies or any legal or regulatory requirement;

16.1.9. You confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered;

16.2. You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used;

16.3. Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will endeavour to send you renewal notices 30 calendar days and 7 calendar days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your client area account. In the case of a small number of registries supplying domains to us, you may need to renew much earlier than the expiry date. It is your responsibility to ensure that you have checked and made arrangements in this regard as we accept no liability in this regard;

16.4. You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service in accordance with these terms and conditions with the exception of domain registries that do not allow this functionality;

16.5. The price for the renewal will be as set out in the renewals page of the client area and will be charged against one of the payment methods then registered against your account;

16.6. You acknowledge and agree that we may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you but this shall not hinder you from leaving us, should you wish to, providing that your account has been settled in full.

16.7. Please note that the Domain Registrars may reject the registration of a domain if you provide invalid information at the time of order. All TLDs and ccTLDs have different validation requirements which are also subject to change. Due to this, we cannot be held responsible for the validation of such data and it is your responsibility to check that a domain registration has been completed. This will happen when you receive a ‘domain registration confirmation’ Email. You will not receive an Email if a domain registration is rejected by the Registrar so please let us know as a matter of urgency so that we can investigate and, wherever possible, process the registration manually for you.

16.8. We do not accept any responsibility for the loss of domains, whether registered or where a registration is speculative, in any circumstances.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

17. INTELLECTUAL PROPERTY RIGHTS

17.1. You, retain all intellectual property rights in your material, and you grant to us a worldwide, non-exclusive, royalty free licence to use, store and maintain your material on our servers and publish it on the Internet for the purpose of providing the Hosting Service to you.

17.2. You warrant that your material does not infringe the intellectual property rights of any third party and you have the authority to grant the licence to us. We may make such copies as may be necessary to perform our obligations, including making back-up copies of your material.

17.3. You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your material infringes, or allegedly infringes, the intellectual property rights of a third party.

17.4. If you download software from our website, we grant you a non-exclusive, non-transferable royalty free licence to use that software for the purpose set out on our website in relation to that software. Such licence will automatically terminate when we terminate providing the Hosting Services to you and will be subject to further terms.

17.5. Any third party software that you download from our website shall be licensed to you on the standard software licence terms of the owner of the intellectual property rights in that third party software as those licence terms are notified to you at the time you download such software.

17.6. We retain all intellectual property rights in the Hosting Services (other than in your material) and our software. You must not decompile, disassemble the Hosting Services or our software.

17.7. We will defend you against any claim where the Hosting Services themselves infringe any United Kingdom intellectual property rights of a third party, and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:

17.7.1. You give prompt notice of any such claim;

17.7.2. You make no admissions or settlements without our prior written consent;

17.7.3. You provide reasonable co-operation to us in the defence and settlement of such claim, at your expense;

17.7.4. We are given sole authority to defend or settle the claim.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

18. OUR LIABILITY

18.1. We will not have any liability for your material or any other communication you transmit by virtue of the Hosting Services.

18.2. Due to the public nature of the Internet, we shall not be liable for the protection or the privacy of electronic mail or any other information transferred through the Internet or via any network provider.

18.3. No guarantee or representation is given that the Hosting Services will be free from security incidents or unauthorised users.

18.4. All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.

18.5. We do not exclude or limit in any way our liability:

18.5.1. For death or personal injury caused by our negligence;

18.5.2. Under section 2(3) of the Consumer Protection Act 1987;

18.5.3. For fraud or fraudulent misrepresentation;

18.6. We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:

18.6.1. Loss of income or revenue or anticipated income or revenue;

18.6.2. Loss of business;

18.6.3. Loss of profits or contracts;

18.6.4. Loss of anticipated savings;

18.6.5. Loss of goodwill or reputation;

18.6.6. Loss of operation time;

18.6.7. Loss of software or data;

18.6.8. Loss caused by the diminution in value of any asset;

18.6.9. Wasted expenditure (such as pay per click advertising costs);

18.6.10. Wasted management or office time.

18.7. Whether or not such losses were reasonably foreseeable or we or our agents or contractors had been advised of the possibility of such losses being incurred.

18.8. Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 1 month preceding the event giving rise to the liability in question and the liability in question shall not be given rise to until you have notified us in writing and poundawebsite.com have confirmed receipt of that notice. This cannot be provided by live chat and must be sent by Email to support@poundawebsite.co.uk or to our registered office address. Where it is sent to our registered office address, we must also confirm receipt and proof of delivery to our registered office address shall not suffice. We recommend sending your notice to both our support Email and our Registered Office Address.

18.9. You are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).

18.10. Where you buy any product or service from a third party seller through following a link on our website to such a third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions. We accept no liability for any third party sellers unless stipulated in a separate written contract with you for any additional services that we might agree to provide to you. This also extends to services that we may specifically refer you to regardless of whether the third party has an existing relationship with us or not and we do not imply fitness of a third party service will meet your needs in any circumstance. Please conduct your own full research in advance.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

19. DURATION OF THE SERVICES AND CANCELLATION

19.1. The part of the Contract relating to our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. It will continue until:

19.1.1. We have registered the domain name you have requested (the “Domain Name”) and you subsequently ask us not to renew the registration of your Domain Name;

19.1.2. We terminate the supply of our Domain Registration and Renewal Service by notice to you because:

19.1.2.1. The Domain Name is no longer available for registration;

19.1.2.2. You are in breach of the terms and conditions herewith;

19.1.2.3. Of some other reason preventing the registration of the Domain Name.

19.2. That part of the Contract relating to Services other than our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. Unless such Services are terminated as provided for in this clause they shall continue for the minimum period of time that applies to the Service you have purchased (“Minimum Term”). After expiry of the Minimum Term, they will continue on a month to month basis until terminated:

19.2.1. By you, as a Consumer, informing us of your decision to cancel the Contract by a clear statement. This should be via online support ticket or by Email to billing@poundawebsite.com but not by live chat;

19.2.2. By you, as a Business customer, informing us of your decision to cancel the Contract. This should be via online support ticket or by Email to billing@poundawebsite.com but not by live chat;

19.2.3. By us giving to you at least 30 calendar days advanced notice in writing sent to the then current email address registered against your account with the exception of breaches of our terms and conditions, fair use and ethics policy where we reserve the unconditional right to terminate all provision as soon as we become aware but we will sometimes, at our sole discretion, issue written warnings to your registered Email address. Where we issue written warnings, we continue to reserve the unconditional right in the case of terms and conditions and policy breaches to terminate all provision of your services if the breach is not remedied in the time that we specify within the warning;

19.2.4. By exercising your right as a Consumer, to cancel the Contract(s) within the “cooling off period” i.e. within 14 calendar days of purchase and taking into account the terms above;

19.2.5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We request that you do this at least two working days before the cancellation date. Please note that the cooling off period only applies to Consumers, not Business Customers.

19.3. As part of our cancellation process, you must re-confirm your cancellation request via our support ticket system or by Email to support@poundawebsite.com (not through our live chat system) or we will continue to supply the relevant Services and your cancellation will be ineffective. You cannot cancel any of your Services by live chat, post or telephone.

19.4. The monthly price for Services we supply under Contracts that continue on a month to month basis shall be charged monthly in advance directly to a credit card, debit card, paperless direct debit or other payment method registered against your account. Such payment will be taken on the same date of the month (or if no such date occurs then on the last day of the month) as on which the Services had originally commenced (“Payment Date”) unless or until you cancel the Services in accordance with these terms and conditions.

19.5. We will not provide you with a refund or pro-rata refund for a cancellation of your services including any third party services that you purchase through us that are part-way through a billing period.

19.6. Without prejudice to any other right to terminate or suspend the Services we may have under these terms and conditions, our Terms of Website Use or our Fair Use and Ethics Policy we may terminate the Contract at any time by giving you 30 calendar days’ advance notice by emailing you at the email address registered against your account.

19.7. If we cancel the Services, with the exception of breaches of our terms and conditions, our Terms of Website Use or our Fair Use and Ethics Policy, we will refund to you the price you have paid for the Services on a pro-rata basis for the unexpired minimum term.

19.8. Expiry or termination of the contract shall be without prejudice to any rights and liability of either of us arising in any way under that contract as at the date of expiry or termination.

19.9. Your hosting services will be suspended resulting in loss of access if any balance owed to us is not settled within 5 calendar days. After 14 calendar days, all data is irrevocably removed from our systems, including, but not limited to Emails, Database Content and Files.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

20. DELETION OF YOUR DATA

20.1. If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system. Personal data relating to your purchases, as required by HMRC, will be held for 6 years plus the current year.

20.2. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.

20.3. In the event of non payment for services, we will suspend and make your account unavailable until outstanding balances are settled after 5 calendar days of non payment. After 14 calendar days, your account will be terminated and all data relating to your use of the services, not limited to Emails, Databases and Files will be irrevocably deleted. We strongly encourage you to set up an automated payment each month.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

21. ADDITIONAL TERMS

21.1. Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point, usually in the promotion details.

21.2. We reserve the right to withdraw promotions at any time and without advanced notice.

21.3. We will, from time to time, run offers targetted at either new or existing customers at our absolute discretion. Where we do, it shall be considered a breach of our terms and conditions for existing customers to cancel services to take advantage of promotions for new customers with the exception of those that are purchasing additional services to cooincide with those that are already in existence.
If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

22. WRITTEN COMMUNICATIONS

22.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.

22.2. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

23. NOTICES

23.1. All notices given by you to us must be given though our online ticket system unless we have specified an alternative procedure, limited to that particular situation. We’d recommend that you also send a copy by Email to support@poundawebsite.com but Email shall not suffice alone.

23.2. We may give notice to you at either the then current Email or postal address registered against your account with us.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

24. THIRD PARTY RIGHTS AND TRANSFER OF RIGHTS AND OBLIGATIONS

24.1. Neither you nor we intend that any term of the contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

24.2. The contract is binding on you and us and on our respective successors and assigns.

24.3. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without a poundawebsite Ltd Director’s prior written consent. Any other communication, construed as consent, shall be deemed invalid.

24.4. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

25. EVENTS OUTSIDE OF OUR CONTROL

25.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

25.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

25.2.1. Misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);

25.2.2. Strikes, lock-outs or other industrial action;

25.2.3. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

25.2.4. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

25.2.5. Impossibility of the use of public or private telecommunications networks;

25.2.6. The acts, decrees, legislation, regulations or restrictions of any government;

25.2.7. The acts or failures of our contractors or subcontractors where these are outside of our control and/or could not be planned for in advance.

25.3. Our performance under the contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

26. WAIVER

26.1. If we fail, at any time during the contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

26.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

26.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

27. SEVERABILITY

27.1. If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

28. ENTIRE AGREEMENT

28.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

28.2. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

28.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

28.4. These terms and conditions and all of our policies shall apply in full regardless of any price reduction or promotion and they will continue to in the event of a subsequent price increase or termination of a promotion either for customers subject to a reduction in price, on promotion or for any customer.

28.5. Where we introduce a new policy, edit a policy, or rescind a policy, these will, including current policies, apply to you as part of these terms and conditions and will apply to any promotions.

28.6. In the interests of all of our clients (for example, but not limited to, where our continued operation could be threatened in the event of legal dispute or where our Fair Use and Ethics Policy is being breached, if there is any contradiction within this policy relating to timescales for actions to be taken as requested by us, the lower of the timescales shall apply.

If you wish, you can jump back to the Terms and Conditions index by clicking here.

 

29. CHANGES TO OUR TERMS AND CONDITIONS

29.1. We have the right to revise and amend these terms and conditions without notice and it is your sole responsibility to ensure that you keep up to date with them.

29.2. Any changes will be deemed to be accepted by you from the date that you make the next payment to us (in the case of monthly billing) and, in the case of any other billing period, immediately.

29.3. You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

29.4. No variation of these terms and conditions shall be valid unless detailed in writing and signed on our behalf by a Director of poundawebsite Ltd. Email alone shall not suffice but written and signed documents may be sent by Email at our discretion and solely in relation to changes to our terms and conditions. A signature for these purposes does not amount to a digital signature.

29.5. If there is any confusion within our Terms and Conditions in relation to our financial liability, our liability shall be for the lower amount.

29.6. The last update to these terms and conditions was on 1 March 2022.

If you wish, you can jump back to the Terms and Conditions index by clicking here.