Terms and Conditions

1. General

GB Hosting is an operational name of Esthetig Ltd for the purposes of web hosting and domain name registration services.

Esthetig Ltd. Is registered in England and Wales as a Private Limited Company, Company Number: 6112562, Registered office: Bethel, 26 Tan-y-Fron, Deganwy, Conwy, LL31 9YN.

We are registered with the Information Commissioners Office, Registration Number ICO Reference ZB152503.

These terms and conditions pertain to GB Hosting and should be read in their entirety.

About GB Hosting

Our website is: www.gbhosting.co.uk

Throughout this document GB Hosting, Esthetig and Esthetig Ltd. Will be used interchangeably, but will always refer to Esthetig Ltd.

Office Hours

Our normal office hours are:
• Monday-Thursday: 09:00 – 17:00
• Friday: 09:00 – 16:00

We are closed:

• Weekends
• UK Bank Holidays
• Christmas & Easter (please see website for specific holiday office hours)

This entire page with all its sections tells you the terms and conditions on which we supply our services described on our website to you. Our primary services are website hosting service (“Hosting Service”) or a domain name registration and renewal service (“Domain Registration and Renewal Service”). It should be read in conjunction with all documents on our privacy page, you must accept this and all terms and conditions.

We may provide links on our site to the websites of other companies whether they are affiliated to us or not. We cannot undertake that the products and/or services you purchase from companies we link to will be of a satisfactory quality, and any such warranties are disclaimed by us completely, any disclaimer does not affect your statutory rights against the third-party seller.

2. Acceptance

Please ready these Terms and Conditions carefully and print a copy for your records if necessary. By ordering any of our services you accept these Terms and Conditions and our Privacy Policy in full. We cannot offer any services if you refuse to accept these terms.

You also agree to us sending you our regular newsletter and updates about our service by email. Email is our primary form of communication with you.
By placing an order through our website or in person, you warrant that you are legally capable of entering into binding contracts, you are over the age of 18 years old and you are acting on behalf of a company or other legal form of business. You further warrant that you have the authority to bind that company or business on whose behalf you are placing an order.

3. Privacy Statement

We are committed to protecting your privacy. Authorised employees of the company on a need to know basis only use any information collected from individual customers. Our privacy policy conforms to European General Data Protection Regulations (GDPR).

We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

For more details and details of our cookie policy see our Privacy Policy.

4. Confidentiality

We conform to the Data Protection Act 1998 and European General Data Protection Regulations (GDPR) and as such, any information concerning the customer and their respective records may be passed to third parties. However, customer records are regarded as confidential and therefore will not be divulged to any third party, other than our suppliers and if legally required to do so to the appropriate authorities. We do not store credit card details, nor do we share customer details with any 3rd parties.

Customers have the right to request sight of, and copies of any and all customer records we keep, on the proviso that we are given reasonable notice of such a request. Customers are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue customers with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by GB Hosting will only be in connection with the provision of agreed services and products.

5. Your Responsibilities

It is the customer’s responsibility to make sure that all contact details are up to date. This can be done by logging into our My GB Hosting and making the necessary changes to your account details, or by emailing GB Hosting with the required changes. Failure to do so may result in termination of service if GB Hosting is unable to contact you.

You must always keep your username and password private and secure and you must contact us if you believe someone else has access to your login details.

6. Support

Support for all our services is offered free during our normal office hours by  ticket system and live chat where available. Outside office hours’ ticket system and a message service that replaces live chat are available.

Our support team will help resolve any problems you have with the services you are receiving. We will not provide programming support to you. But, as part of our hosting services our servers are compatible with many programming languages.

We do not provide telephone technical support. Support is provided via our ticket system.

7. Pricing

All prices are as seen and do not include any service charges, taxes etc. The price you see is the price you pay.

The total cost of your order will be set out clearly before you submit your order.

We reserve the right to amend its prices from time to time with or without notice. We will however, endeavour to notify you of any price change at least 14-days before the price change comes into force. If you do not cancel, you will be deemed to have accepted the new priced and this will be charged to your account.

All quotations are valid for 30-days. We reserve the right to alter or decline to provide a quotation after the quotation has expired at the end of the 30-day period.

Payment for services is due by upon completion of the order and are recurring depending on whether you choose monthly or annual payment and can be made by Debit/Credit Card (via Stripe), Direct Debit (via GoCardless), or PayPal. When the order is placed, the recurring payment is automatically set up, it is your responsibility to cancel future payments if you no longer require our services. We cannot accept cheques for the payment of any of its services.

Despite our best efforts, due to the number of services we offer, some of our services may be priced incorrectly. We will deal with this situation as follows:

• Where the correct price is less than our stated price, we will charge the lower price when accepting your order.
• If the correct price is higher than the price stated on our website, we will normally contact you for your instructions before accepting your order.
• We are under obligation to provide services to you at the incorrect, or lower price, even after we have sent you an acceptance confirmation.

8. Order Process

Services can be purchased from us once you have successfully registered an account. When you register an account with us, the information you provide must be accurate and complete, if it isn’t, we reserve the right to block access to our services.

You will be shown a summary of the order during the order process, this will detail the services you are purchasing and the price payable. You will have the opportunity to correct any errors at this point.

Before you can submit an order, you will be asked to register a debit/credit card or signup to our paperless direct debit, but you may need to pay by debit/credit card on your first order.

You will receive a confirmation of services once you place the order with us, this will be sent to your registered email account. You can access copies of previous emails from our client area once you have logged in, these are stored on your account. This confirmation of services will, where appropriate let you know that the hosting service has been accepted. Your order constitutes an offer to us to buy our services and all orders are subject to our acceptance.

The contract between you and GB Hosting will only be formed when we send you the acceptance of services email. We are not obliged to supply any of our services until such order has been accepted.

9. Invoice Process

New Orders including transfers must be paid for at the time of ordering and a receipt for these services will be sent to the customer.

For renewals GB Hosting will send the customer an invoice in good time before the recurring payment is taken.

On the date payment is due, GB Hosting will send you an invoice.

If you have cancelled a recurring payment, haven’t made a payment or where GB Hosting cannot collect payment:

• One day after an invoice is due, your account will be considered in default. Domain names will be suspended at this point.
• Seven days after an invoice is due, GB Hosting will send you a second invoice payment reminder and we will suspend your account.
• Fourteen days after an invoice is due, you will be sent a third and final reminder, your account will be terminated without further notice, this may affect other services you have with us, your account will be terminated. You will be assessed a service charge of the greater of £10 or 8% plus the prevailing Bank of England base rate, or the maximum allowed by law for every month that the invoice remains unpaid. You will remain liable for the amount outstanding plus the service charge for every month the account remains unsettled. If necessary, we reserve the right to seek repayment through necessary court processes.

We reserve the right to seek to recover any outstanding amounts due by 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.

10. Payment

All payments shall be made in Pounds Sterling (GBP).

GB Hosting does not offer any form of credit; all hosting and domain names must be paid for at the time of order and on the renewal dates, for renewals all invoices must be paid upon receipt.

If any overpayment is made, this will normally be held on your account as a credit, unless you request full payment.

All payments are made using either Online (Credit/Debit Card and PayPal), Telephone (Credit/Debit Card).

Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If your chosen payment method is not authorised by your debit/credit card provider or your PayPal account, you authorise us to seek payment from any other debit/credit card or PayPal account registered against your account.

If we fail to authorise payment your account may be suspended.

11. Default

Accounts unpaid after the due date of the invoice will be considered as default.

Any payments returned due to insufficient funds will immediately place the customer’s account in default until full payment is received.

Customers with accounts in default agree to pay Esthetig Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Esthetig in enforcing these Terms and Conditions.

We reserve the right to seek recovery of outstanding amounts due by you by any means, including referring the debt to an external debt recovery agent if necessary, you will be responsible for all fees and charges incurred if we use an external debt recovery agent. You agree to pay such charge in addition to the amount you owe us.

12. Refunds, Cancellation and Cooling-Off Period

If you are buying as a consumer (not within the course of your business), normally the Consumer Contract Regulations 2013 allow you to cancel the contract anytime within 14-calendar days, beginning on the day after you received the Acceptance Confirmation.

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.

13. Limited 30-day Money Back Guarantee

We offer a limited 30-calendar day money back guarantee on all new products purchased through GB Hosting, beginning on the day after you receive the Acceptance Confirmation. If you do, we will provide you with a full refund of the price you have paid for the hosting service you have cancelled. We will refund the price you have paid to the credit/debit card or account used to purchase the service. No other refund will be made, and this is limited to one refund to one person.

To cancel the contract, you must inform us by raising a support ticket before the end of the 30-calendar day period. We will respond to your cancelation request and you must re-confirm your cancellation request by replying to this confirmation or we will continue to supply the service and your cancellation will be ineffective. This is to ensure we do not delete any data you need to retain.

The following services may not be cancelled under the limited 30-calendar day money back guarantee include (but are not limited to): Domain Registrations and Renewals, Private SSL Certificates, Addon Products, Virtual Private Servers (VPS) and associated products, Cloud Servers and Additional Email Space.

14. Intellectual Property Rights

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.

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.

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.

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.

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.

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.

We will defend you against any claim that the Hosting Services 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:

• you give prompt notice of any such claim
• you make no admissions or settlements without our prior written consent
• you provide reasonable co-operation to us in the defence and settlement of such claim, at your expense
• we are given sole authority to defend or settle the claim

15. Quality of Service

We warrant that any services you purchase from us through our website will be provided with reasonable care and skill.

We will not be liable for a breach of this warrant above unless:

• You give written notice of the breach to us
• We are given reasonable opportunity after receiving the notice to put things right
• The problem arises because you failed to follow our oral or written instructions as to the use of the services
• You alter the services without written consent
• The problem arises because of misuse

If we are in breach of the warranty in accordance with the above, we will use all reasonable commercial efforts to remedy the breach promptly or refund the price of the services at the pro-rata contract price.

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 by us in writing. Nothing will exclude or limit our liability to you for fraudulent misrepresentation.

16. Hosting Services

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

Your hosting services are on a shared server. We put in place technologies to ensure you are not impacted in any way by others on the same server, this means we may contact you if you are excessively using the resources made available to your hosting services.

You are also responsible for ensuring that all persons who access our services through your internet connection are aware of these terms and conditions, including our privacy policy.

We do not warrant access to our servers will be uninterrupted or error free, but we will use reasonable endeavours to keep any downtime to a minimum.
You will have no right, title or interest in any Internet Protocol address (IP address) allocated to you throughout the use of, upon expiry or termination of services.

Any IP address allocated to you is allocated as part of the hosting service and is not transferrable by you in anyway whatsoever.

If an IP address is re-numbered or re-allocated by use, we shall use our reasonable endeavours to avoid any disruption to you.

17. Domain Names

Where the contract includes our domain name registration and renewal service:

• We will endeavour to procure the registration of the domain name you request
• We will not be liable if the relevant domain name registry refuses to register the domain you request, or subsequently suspends or revokes any registration for the domain name
• We will not be liable if the domain name you purchase has either been previously purchased or is no longer available for purchase for whatever reason
• We shall not act as your agent or on your behalf in any dealings with the domain name registry
• The registration of the domain name you requested, and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use, which you should consider
• You are responsible for ensuring that you are aware of the terms so that you can comply with them
• 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
• 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 or these terms and conditions or any legal or regulatory requirement
• 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
• 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.
  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 send you renewal notices 30-days and 7-days before the renewal date of your registered domain name. These notices will be sent to the email address that is registered against your account

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. You must ensure you have an active payment option to renew your domain name as it must be renewed on the renewal date to avoid suspension of the domain.

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.

You acknowledge and agree that we may place several locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you.

18. Usage Limitations

The hosting service you order includes a monthly bandwidth allowance applicable to the hosting package as set out on our website at the time of your order.

The hosting service you have ordered will be automatically suspended if the monthly bandwidth allowance is exceeded. If this happens, you may upgrade your hosting service to a package that includes higher or unlimited monthly allowance or wait for the service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in our control panel.

Unless the hosting service package you order includes 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, you have ordered.

We may allow your usage to exceed this CPU limitation, we will speak to you about your hosting requirements if your usage has a detrimental effect on our other customers. Please note that this is entirely at our discretion.

The hosting service you order includes the number of mailboxes applicable to that hosting package as set out on our website at the time of your order.

Any mailboxes that have not been accessed for 100 clear days will be automatically deleted from our system.

When using the services, you must comply with our terms of website usage, these terms and conditions and our Privacy Policy.

A breach of either our website terms of use or these terms and conditions will entitle us to terminate all services provided to you.

19. Acceptable Use

To report junk email or abuse issues please email using our contact page. You must not allow a third party to access or use the Hosting Services.

A breach of this acceptable use clause by a Third Party will be deemed to be a breach of these terms and conditions by you.

Resource Usage

• • The Shared Hosting Services comprise the provision of web space on our servers to enable you to upload pages and files for the purpose of publishing websites
  • The Shared Hosting Services allow you ‘unlimited’ server space for normal routine “non-file-distribution” web usage. For websites that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of fifty (50) gigabytes per calendar month
  • Non-file-distribution usage will remain unaffected by any limit imposed on downloading of video, audio or other files

In your use of the Shared Hosting Services (other than where you are using your own virtual private server), you may not:

• • use more than 10% of our platform’s processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations
  • run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd
  • run any type of web spider or indexer
  • run any software that interfaces with an Internet Relay Chat network
  • run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers
  • participate in any file-sharing/peer-to-peer activities
  • run any gaming servers
  • run entries or other scheduled tasks other than by configuring them through our control panel
  • give away web space under a domain (including Resellers giving away free websites)
  • operate a proxy website or service
  • as a remote file host for other websites
  • operate self-hosted file sync or similar “cloud storage” based services including (but not limited to) OwnCloud, Pydio and Sparkleshare
  • You must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that are not web-visible without giving notice to you
  • All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimise your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, Bing, Yahoo and other large search engines
  • MySQL Databases are limited to 1024 megabytes in size, when they reach this size, we will notify you.

Prohibited Uses

You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:

• • in any way that breaches any applicable local, national or international law or regulation
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
  • host a website of adult nature and we reserve the right to decide what constitutes an adult website
  • for the purpose of harming or attempting to harm minors in any way
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below)
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as SPAM – see below)
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware

Content Standards

• • These content standards apply to any and all material that you allow to be hosted through the Hosting Services and to any interactive services associated with it.
  • You must comply with the spirit of the following standards. The standards apply to each part of any Material as well as to its whole.
  • Material must:
    • be accurate (where they state facts)
    • be genuinely held (where they state opinions)
    • comply with applicable law in the UK and in any country from which they are posted
  • Material must not:
    • contain any material which is defamatory of any person
    • contain any adult material including any material that is pornographic
    • contain any material which is obscene, offensive, hateful or inflammatory
    • promote violence
    • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
    • infringe any copyright, database right or trademark of any other person
    • be likely to deceive any person
    • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
    • promote any illegal activity
    • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
    • be likely to harass, upset, embarrass, alarm or annoy any other person
    • be used to impersonate any person, or to misrepresent your identity or affiliation with any person
    • give the impression that they emanate from us, if this is not the case
    • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse

Zero Tolerance SPAM Policy

• • We take a zero-tolerance stance against the sending of unsolicited email, bulk emailing and spam. We may terminate the account of any user who send out spam with or without notice
  • Websites advertised as spam may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging or newsgroups. Any user account which results in our IP space being blacklisted will be immediately suspended and/or terminated
  • GB Hosting reserves the right to require changes or disable as necessary any website, account, database or component that does not comply with our policy
  • GB Hosting reserves the right to charge the holder of the account used to send any unsolicited email, a clean-up fee or any charges incurred for blacklist removal at our sole discretion.

20. Backups of Your Materials on Our Servers

It is your responsibility to backup any data, information or other material you upload onto our servers as part of your use of the Hosting Services. We provide free tools to make website and database backups in our control panels. In the event of loss of or damage to your material, you will not be given access to the server back-up we maintain in respect of our archiving procedures.

We will follow our archiving procedures for the data stored on our servers.
We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.

21. Suspension, Termination and Severability

• We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate
• Failure to comply with this acceptable use policy constitutes a material breach of our terms and conditions of sale upon which you are permitted to use the Hosting Services, and may result in our taking all or any of the following actions:
  • immediate, temporary or permanent withdrawal of your right to use the Hosting Services
  • immediate, temporary or permanent removal of any Material uploaded to our servers
  • issue of a warning to you
  • issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
  • further legal action against you
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary

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.

22. Duration and Cancelation of Services

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:

• 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
• we terminate the supply of our Domain Registration and Renewal Service by notice to you because:
  • the Domain Name is no longer available for registration
  • you are in breach of the terms and conditions herewith
  • of some other reason preventing the registration of the Domain Name

If we terminate the Domain Registration and Renewal Service under the clauses of this agreement, we will refund the price you have paid for the Domain Registration and Renewal Service to the credit card, debit card or other account you used to make the payment.

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 that applies to the Service you have purchased (“Minimum Term”). After expiry of the Minimum Term, they will continue a month to month basis until terminated:

• 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 support live chat;
• by you, as a Business customer, informing us of your decision to cancel the Contract. This should be via online support ticket or support live chat
• by us giving to you at least 30 days advanced notice in writing sent to the then current email address registered against your account
• by exercising your right as a Consumer, to cancel the Contract(s) within the “cooling off period” i.e. within 14 days of purchase.
• 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.

As part of our cancellation process, you must re-confirm your cancellation request via our support ticket system or support 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 letter, email or telephone.

The monthly price for Services supplied under Contracts that continue a month to month basis shall be charged monthly in advance directly to a debit/credit 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.

We will not provide you with a refund for a cancellation that is part-way through a billing period.

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 Acceptable Use clause (see Acceptable Use section) we may terminate the Contract at any time by giving you 30 days’ advance notice by emailing you at the email address registered against your account.

If we cancel the Services, we will refund to you the price you have paid for the Services on a pro-rata basis for the unexpired.

Minimum Term

Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation of these terms and conditions, we may terminate the Contract by 7 days’ notice to you.

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.

23. Data Deletion

If you cancel your Services, any data we hold or host in relation to the Services you have cancelled, or we terminate your Services we hold in relation to the Services we have terminated, your data will be immediately and permanently deleted from our system.

Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services and regularly to ensure you do not lose your website data, we cannot be held responsible if your data is deleted due to cancellation, termination or suspension.

24. Indemnity

All GB Hosting services may be used for lawful purposes only. You agree to indemnify and hold Esthetig Ltd harmless from any claims resulting from your use of our service that damages you or any other party.

The customer agrees to defend, indemnify and hold harmless Esthetig Ltd and any third-party appointed by Esthetig Ltd as its agent and any of Esthetig’s officers, directors, employees, representatives, agents, affiliates, from and against any claim, action, suit, demand, loss, damages, costs (including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the use of any of Esthetig’s services.  This indemnification is in addition to any indemnification required from time to time by Esthetig.

The customer also agrees that in the event of disputes arising with any third-party, the customer shall indemnify and hold Esthetig Ltd harmless pursuant to the terms and conditions contained in these terms and conditions.

25. Our Liability

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

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

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

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

• for death or personal injury caused by our negligence;
  • under section 2(3) of the Consumer Protection Act 1987
• for fraud or fraudulent misrepresentation
• for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

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:

• loss of income or revenue
• loss of business
• loss of profits or contracts
• loss of anticipated savings
• loss of goodwill
• loss of software or data
• wasted expenditure (such as pay per click advertising costs)
• wasted management or office time

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 or 12 months preceding the event giving rise to the liability in question (depending whether you pay monthly or annually for your services).

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 (the Hosting Service).

Where you buy any product or service from a third-party seller through following a link on our website to such 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.

26.Website Terms of Use

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together our privacy policy govern Esthetig’s relationship with you in relation to its websites.  If you disagree with any part of these terms and conditions, please do not use our website.

The use of the GB Hosting website is subject to the following terms of use:

• The content of GB Hosting’s website is for your general information and use only.  It is subject to change without notice.
• The websites use cookies to monitor browsing preferences see our Privacy Policy.
• If you purchase any service (or products we choose to sell through our site) you accept and agree to be governed by our terms and conditions.
• The use of this website is also governed by our Privacy Policy by continuing to use our website you accept and agree to our privacy policy.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.  You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by the law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.  It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us.  This material includes, but is not limited to, the design, layout, look, appearance and graphics.  Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All intellectual property rightes in the site all all the text, pictures, videos and other content are available on it are either owned by us or by our licensors. You may not print or otherwise make copies of any such content without our express permission.
• All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites.  These links are provided for your convenience to provide further information.  They do not signify that we endorse the website(s).  We have no responsibility for the content of the linked website(s).
• You are responsible for all access to our site using your Internet connection even if accessed by a third party.
• We reserve the right to restrict your access to the site or any part of it. Access to to restricted areas of the site may be subject to registration and other conditions. If we gran you permission to access a restricted area, we may withdraw that permission at any time (including because of any terms and conditions breaches).
• Your permission to use the site is personal to you and non-transferable.
• You will not use the site for any fraudulent or unlawful purpose.
• You will not use the site to defame, abuse, harass, stalk, threaten or otherwise wiolate the rights of others, including without limitation others’ privacy rights or rights of publicity.
• You will not impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the website, or express or imply that we endorse any statement you make.
• You will not interfere with or disrupt the operation of the website or the servers or networks used to make the site available, or violate any requirements, procedures, policies or regulations of such networks.
• You will not transmit or otherwise make available in connection with the website any virus, worm, trojan or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software or equipment.
• You will not reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
• You will not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information.
• You will not remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site.
• You will not frame or mirror any part of the Site without our express prior written consent.
• You will not create a database by systematically downloading and storing Site content.
• You will not use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
• We reserve the right to revoke these exceptions at any time.
• We will take every reasonable effort to ensure the site is available at all times. However, we cannot always guarantee this due to upgrading the site and essential maintenance. Nor can we guarantee it will be error free.
• The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.
• You may create a link to this Site, provided that:
  • the link is fair and legal and is not presented in a way that is:
    • misleading or could suggest any type of association, approval or endorsement by us that does not exist, or
    • harmful to our reputation or the reputation of any of our affiliates.
  • you retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so.
    • the link is to the homepage of this Site at the following URL https://gbhosting.co.uk.
  • the link will not cause this Site or any content on this Site to be:
    • embedded in or framed by any other website, or
    • otherwise displayed in a way different to the way originally intended by us.

We reserve the right to require you to immediately remove any link to the Site at any time and you shall immediately comply with any request by us to remove any such link.

• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

27. Waiver

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.

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

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.

28. Written Communications

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

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.

29. Notices

All notices given by you to us must be given though our online system.

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

30. Third Party Rights and Transfer of Rights and Obligations

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.

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

You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.

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.

30. Force Majeure

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  a “Force Majeure Event”.

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

• misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
• strikes, lock-outs or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.

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.

31. Complaints

We like to think we get it right all the time, every time but the truth of it is everyone gets it wrong from time to time. We can only improve our services with valid feedback from our customers. If you wish to make a complaint about a service you have received, please submit an email using our contact us page including as much detail from the issue you have. We will acknowledge your complaint within one business day and aim to resolve any issues within five business days.

32. Additional Terms and Conditions

Additional terms and conditions may apply for our offers. Is so, you will be advised of them at the relevant point.

33. Entire Agreement

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.

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.

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.

34. Governing Law

This agreement shall be governed by English Law in the courts of England and Wales.

35. Changes to Our Terms and Conditions

GB Hosting reserves the right to change these conditions from time to time as it sees fit and with or without prior notice. Your continued use of our services will signify your acceptance of any adjustment to these terms.

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).

No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.