Terms & Conditions

You indicate acceptance of these terms and conditions of service by placing an order with OSHS Ltd.


1    DEFINITIONS

1.1    In this Agreement the following words and expressions shall have the following meanings:

1.1.1    "downtime" means any service interruption in the availability to visitors of the Website;

1.1.2    "intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;

1.1.3    "We" means OSHS Ltd.

1.1.4    "IP address" stands for internet protocol address which is the numeric address for the server;

1.1.5    "ISP" stands for internet  service provider;

1.1.6    "server" means the computer server equipment operated by OSHS Ltd in connection with the provision of the Services;

1.1.7    "the Services" means web hosting, domain name registration, email and any other services or facilities provided by OSHS Ltd.

1.1.8    "spam" means sending unsolicited and/or bulk emails;

1.1.9    "virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without  limitation computer programs commonly referred to as "worms" or "trojan horses";

1.1.10    "visitor" means a third party who has accessed the Website;

1.1.11    "Client Portal" means the online customer billing and support system;

1.1.12    "in writing" means communication via a support ticket in the Client Portal, or a signed and dated hand-written letter;

1.1.13    "colocated equipment" means any customer equipment sent into a datacenter where OSHS Ltd offers rack space and server colocation, including but not limited to physical servers, routers, switches, firewalls, KVM switches, PDUs, network cables, etc;

1.1.14    "notice period" means the number of days prior to a service renewal date when an invoice becomes due for payment;
 
1.2    Product specifications and details may be found at the various websites operated by OSHS Ltd.

1.3    Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.

1.4    The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.


2    INTRODUCTION
   
2.1    The Customer wishes to provide OSHS Ltd with data that will be hosted on OSHS Ltd's  servers and made accessible via the Internet.

2.2    OSHS Ltd provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.


3    DUTIES

3.1    OSHS Ltd shall provide to the Customer the Services specified in their order subject to the following terms and conditions.

3.2    The Customer shall deliver to OSHS Ltd the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or OSHS Ltd ("the Customer Software), in a format specified by OSHS Ltd.

3.3     The Customer must be at least 18 years of age at the date of ordering the Service. Any minor must have a parent or guardian consent to any service contract with OSHS Ltd, and such a parent or guardian, by agreeing, accepts full financial and legal responsibility for their entire obligations under these terms and conditions and agrees to meet all payments due under the contract. Since OSHS Ltd only accepts payment methods available to adults over 18 years of age, use of any such payment method is consent to these terms and conditions by the person responsible for the payment method used.


4    CHARGES, PAYMENT AND MONEY-BACK GUARANTEE

4.1    Payment methods include PayPal, bank transfers via BACS and Faster Payments, credit cards (including MasterCard and Visa), debit cards (including Maestro (Switch), Solo, Visa Electron and Visa Delta) and standing orders. The customer paying by credit card expressly agrees to have their credit card account billed by OSHS Ltd with the charges layed out in the order form and client area. Credit card details are stored in an encrypted format for recurring billing unless the customer deletes the credit card details.

4.2    OSHS Ltd does not accept cheques, postal orders, cash or any other form of payment other than those outlined in 4.1

4.3    The Charges are exclusive of VAT, which if and when payable shall be paid by the Customer.

4.4    OSHS Ltd shall be entitled to charge a late payment fee when an invoice becomes overdue. In the event of service interruption, service will only resume once any overdue invoices and late payment fees are paid in full.

4.5    OSHS Ltd does not provide credit facilities.

4.6    From time to time OSHS Ltd may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.

4.7    As per the UK's Distance Selling Regulation 2000, OSHS Ltd provides a money back guarantee on certain products to non-business entities. This guarantee excludes domain names and SSL certificates which may not be cancelled once ordered even if the customer made a spelling error when ordering, and this guarantee excludes any service where OSHS Ltd has engaged in work to provide such a service, including but not limited to migration of data, installation/configuration/administration of dedicated or virtual servers, installation and racking of colocated equipment, configuration of IP addresses, installation/configuration of web applications, etc. Customers have a 7 day "cooling off period" in which they can decide to cancel their order and request a refund. To qualify for this guarantee, customers must submit their cancellation request and refund request in writing within 7 days of placing their order. Refunds are processed upto 30 days after receipt of a cancellation request and a refund request. Customers are limited to using the money-back guarantee once.

4.8    Refunds will not be issued for services that are cancelled once the service period has begun.

4.9    Should your chosen payment method fail OSHS Ltd will attempt to settle your invoice using any other payment facilities available on your account.

4.10    OSHS Ltd emails the customer's primary email address stored in the client portal prior to renewal of services. It is the customers responsibility to cancel services prior to service renewal as no refund can be made once renewal has occurred.

4.11    All services will renew until cancelled by the customer, subject to a notice period. Unless specified in writing, services are subject to the following notice periods: domain name, SSL, shared hosting, reseller hosting and virtual server services have a 7 day notice period; dedicated server rental, colocation services, and server management services have a 30 day notice period.

4.12    Customers are responsible for all payments made, and are responsible to request refunds if duplicate payments have been made. If duplicate payments have been made, refunds can only be provided for duplicate payments made within the last 3 months. For duplicate payments made outside the last 3 months, refunds cannot be provided and such payments are added as credit balance in the customer's client portal.


5    IP ADDRESSES

5.1    OSHS Ltd shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.

5.2    Where OSHS Ltd changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.


6    SOFTWARE LICENCE AND RIGHTS

6.1    If the Customer requires use of software owned by or licensed to OSHS Ltd ("OSHS Ltd's software") in order to use the Services, OSHS Ltd grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use OSHS Ltd Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in OSHS Ltd Software.

6.2    In relation to OSHS Ltd's obligations under this Agreement in connection with the provision of the Services, the Customer grants to OSHS Ltd a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to OSHS Ltd any right, title, interest or intellectual property rights in the Customer Software or the Content.

6.3    The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense OSHS Ltd Software.

6.4    OSHS Ltd may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, OSHS Ltd shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.


7    SERVICE LEVELS AND DATA BACKUP

7.1 OSHS Ltd shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, OSHS Ltd makes no warranties or representations that the Service will be uninterrupted or error-free and OSHS Ltd shall not, in any event, be liable for interruptions of Service or downtime of the server.

7.2    OSHS Ltd carries out data backups for use by OSHS Ltd in the event of systems failure. Even though every effort is made to ensure data is backed up correctly OSHS Ltd accepts no responsibility for data loss or corruption, and customers are ultimately responsible to store their own data backups.


8    ACCEPTABLE USE POLICY

8.1    The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:

8.1.1    use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;

8.1.2    send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;

8.1.3    publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;

8.1.4    threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;

8.1.5    engage in illegal or unlawful activities through the Services or via the Website;

8.1.6    make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or

8.1.7    obtain or attempt to obtain access, through whatever means, to areas of OSHS Ltd's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.

8.1.8    operate or attempt to operate IRC bots or other permanent server processes.

8.2    host pornographic or adult content orientated websites, gambling websites, selling of intoxicants or alcoholic beverages, HYIP(High Yield Investment Programmes), Ponzi schemes or pyramid schemes, warez or freeware file sharing, P2P scripts and applications, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.

8.3    The Customer has full responsibility for the content of the Website. For the avoidance of doubt, OSHS Ltd is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.

8.4    If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 OSHS Ltd shall be entitled to withdraw the Services and terminate the Customer's account without notice.


9    ALTERATIONS AND UPDATES

9.1    All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform OSHS Ltd and the password will be changed.


10    WARRANTIES

10.1    The Customer warrants and represents to OSHS Ltd that OSHS Ltd's use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to OSHS Ltd as set out in Clause 6.2.

10.2    All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, OSHS Ltd shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.


11    INDEMNITY

11.1 The Customer agrees to indemnify and hold OSHS Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against OSHS Ltd arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.


12    LIMITATION OF LIABILITY

12.1    Nothing in these terms and conditions shall exclude or limit OSHS Ltd's liability for death or personal injury resulting from OSHS Ltd's negligence or that of its employees, agents or sub-contractors.

12.2    The entire liability of OSHS Ltd to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

12.3    In no event shall OSHS Ltd be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or OSHS Ltd had been made aware of the possibility of the Customer incurring such a loss.


13    TERM AND TERMINATION

13.1    This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.

13.2    OSHS Ltd shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.

13.3    Either party may terminate this Agreement forthwith by notice in writing to the other if:

13.3.1    the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or

13.3.2    the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or

13.3.3    the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or

13.3.4    the other party ceases to carry on its business or substantially the whole of its business; or

13.3.5    the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

13.4    Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.

13.5    On termination all data held in the customers account will be deleted.


14    ASSIGNMENT

14.1    OSHS Ltd may assign or otherwise transfer this Agreement at any time.

14.2    The Customer may not assign or otherwise transfer this Agreement or any part of it without OSHS Ltd's prior written consent.


15    FORCE MAJEURE

15.1    Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.


16    SEVERANCE

16.1    If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.


17    NOTICES

17.1    Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.


18    ENTIRE AGREEMENT

18.1    This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.


19    GOVERNING LAW AND JURISDICTION

19.1    This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.


20    DOMAIN NAME REGISTRATION

20.1    Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it OSHS Ltd will provide a full refund for that domain name, this will be the full limit of our liability.

20.2    Please return to the main terms and conditions area of this website to view terms and conditions for individual domain name registrars.

20.3    OSHS Ltd will make reasonable endeavors to renew domains where the renewal fee has been paid. The customer is responsible to ensure domains have been registered/renewed successfully with their respective WHOIS databases, regardless of the domain's status in the client portal. In the event that we are unable to renew a domain name and that domain name is subsequently lost, the limit of our liability shall be the renewal fee for that domain name.


21    SCRIPTING

OSHS Ltd are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and HTML are installed and functioning on the web hosting system.


22    PRIVACY

OSHS Ltd will in the normal course of its business collect personal information from the Account Holder and prospective clients, for the purposes of billing, customer service, provision of information, as well as other legitimate business reasons. This information may be stored in a number of ways including electronic and paper formats. OSHS Ltd will not disclose any personal information or account data to third parties without prior consent of the Account Holder unless instructed to do so by a court of law or other legal warrant/document. OSHS Ltd stores financial details for customers opting to pay via credit/debit cards, but does not store the CVV2 data.


23    DATA TRANSFER

23.1    Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.

23.2    Web hosting accounts that host file distribution (including but not limited to music, video and software) are limited to a maximum data transfer of 25 GB per month for file distribution.


24    SERVER USAGE

24.1    Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements. We reserve the right to suspend your service whilst alternative solutions are considered.


25    AFFILIATE PROGRAMME

25.1    Commission earned via the affiliate programme will only be paid by using a valid direct debit/credit mandate on your account, or into your verified PayPal account. It is the customers responsibility to ensure they have this facility. In the event of the customer not being able to obtain this facility then no commission will be paid.


26    EMAIL NEWSLETTER

26.1    OSHS Ltd communicates with it's customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.


27    WEBSPACE USAGE

27.1    Web hosting accounts include a certain amount of data storage/web space; if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included. Web space must only be used for genuine web site content, and content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. The only exception is if the storage is advertised as a file backup product/service. Customers are expected to employ good house keeping when maintaining their account.


28    MAIL BOXES

28.1    We reserve the right to delete or empty mailboxes from the system which have not been accessed for 100 days.


29    DEACTIVATED ACCOUNTS

29.1    When a web hosting account is suspended, you agree that after 5 days this account may be deleted from the system without notice and without any possibility of data recovery.


30    SERVER COLOCATION & RACK SPACE COLOCATION

30.1   Colocated equipment shall be the customer's risk at all times and the customer is responsible for insuring colocated equipment against all risks. The customer should also effect and maintain insurance for public liability, material damage and business interruption cover for colocated equipment.

30.2   As per 4.11, colocation services can only be cancelled 30 days in advance of the service renewal date. A customer's colocation services is only considered to be cancelled once all colocated equipment has been collected. If a customer's colocated equipment is still onsite on or after the service renewal date, the service will continue and the customer will be liable to pay for the service renewal.

30.3   OSHS Ltd reserves the right to exercise a lien over co-located equipment, without the need to establish proof of ownership, in respect of any non payment for services provided for such co-location.

30.4   Colocated equipment will only be available for collection by the customer when no payments are outstanding.

30.6   If network connectivity or power provided by OSHS Ltd drops below the 98% network and power SLA(which is calculated on a monthly uptime basis) then OSHS Ltd will credit the customer for equivalent of the outage period.