HOSTUS Business Terms & Conditions

About HostUs and GO WEB IT LIMITED

1.1 HostUs is a website and service operated by GO WEB IT LIMITED, a private limited company registered in England and Wales under company number 15146065.

1.2 HostUs is not a separate legal entity.

1.3 All Services advertised, ordered, purchased, supplied, managed or supported through HostUs are provided by GO WEB IT LIMITED.

1.4 Any Contract entered into through HostUs is therefore a Contract between:

GO WEB IT LIMITED, referred to in these Terms as "GoWebIT", "HostUs", "we", "us", "our" or the "Service Provider";

and the person, business, company, partnership, organisation or other legal entity purchasing the Services, referred to as the "Customer", "you" or "your".

1.5 References to HostUs in these Terms refer to the HostUs website, customer portal and services operated by GO WEB IT LIMITED and do not create a separate legal entity or contracting party.

Business Customers Only

2.1 HostUs Services are intended exclusively for business use.

2.2 By placing an Order, accepting a quotation, subscribing to a Service or otherwise entering into a Contract with us, you confirm that:

1. you are acting wholly or mainly for purposes relating to your trade, business, craft or profession;
2. you are not purchasing the Services principally for personal, household or domestic purposes; and
3. where you act on behalf of a company, partnership, organisation or other entity, you have authority to enter into the Contract on its behalf.

2.3 We may refuse or cancel an Order where we reasonably believe that the Services are being purchased principally as a consumer.

2.4 Nothing in these Terms excludes any statutory right that cannot lawfully be excluded.

Definitions

In these Terms:

Account means an account provided to the Customer to access HostUs Services or the HostUs customer portal.

Business Day means a day other than Saturday, Sunday or a public or bank holiday in England and Wales.

Contract means the legally binding agreement between the Customer and GO WEB IT LIMITED comprising these Terms together with the applicable Order, quotation, Service description and any other document expressly incorporated into the Contract.

Customer Content means content, information and materials supplied by or on behalf of the Customer, including text, logos, photographs, videos, graphics, documents and product or business information.

Customer Data means electronic information belonging to, controlled by or processed on behalf of the Customer through the Services, including email messages, mailbox contents, Customer Content, databases, customer records and uploaded files.

Domain Name means an internet domain name registered, renewed, transferred or administered through the Services.

Fees means the amounts payable by the Customer for the Services.

Minimum Term means any minimum contractual commitment expressly stated in an Order or quotation.

Order means an order, subscription, accepted quotation or other request for Services accepted by GO WEB IT LIMITED.

Services means any products or services supplied by GO WEB IT LIMITED through HostUs.

Website Design Materials means copyright works and other intellectual property created or supplied by GO WEB IT LIMITED as part of a HostUs website, including proprietary layouts, designs, graphics, templates, custom code, styling, configurations and development materials, but excluding Customer Content and third-party or open-source materials.

Application of these Terms

4.1 These Terms apply to all Services supplied through HostUs unless expressly agreed otherwise in writing.

4.2 Services may include:

• website hosting;
• managed website hosting;
• website design;
• website maintenance;
• email hosting;
• Domain Name registration and management;
• SSL certificates;
• technical support;
• website migrations;
• email migrations;
• backups;
• software management; and
• related hosting and digital services.

4.3 These Terms must be read together with the applicable Order, quotation, package description or Service specification.

4.4 If there is a direct conflict between these Terms and an expressly agreed written Order or quotation, the Order or quotation will take precedence only to the extent of that conflict.

4.5 Any additional terms proposed by the Customer will not apply unless expressly accepted in writing by GO WEB IT LIMITED.

Formation of the Contract

5.1 A Customer may request Services through the HostUs website, customer portal, quotation process or another sales channel made available by us.

5.2 A Contract is formed when:

1. the Customer submits an Order or accepts a quotation and accepts these Terms; and
2. GO WEB IT LIMITED accepts the Order by confirming acceptance, activating the Service, taking the first payment or otherwise confirming the Order in writing.

5.3 An automated acknowledgement that we have received an Order does not necessarily constitute acceptance of that Order.

5.4 We reserve the right to refuse an Order before acceptance.

5.5 We may require identity, business, payment, Domain Name or other verification before accepting or activating an Order.

5.6 The version of these Terms accepted by the Customer when entering into the Contract will form part of that Contract, subject to the variation provisions contained in these Terms.

Our Obligations

6.1 We will provide the Services with reasonable care and skill.

6.2 We will use reasonable efforts to provide the Services substantially in accordance with the applicable Service description, Order or quotation.

6.3 Unless expressly stated in a Service Level Agreement, delivery dates, migration dates, website completion dates and other timescales are estimates only.

6.4 Time will not be of the essence in relation to performance of the Services unless expressly agreed otherwise in writing.

6.5 We may make reasonable technical, security or operational changes to the Services where necessary to:

• maintain security;
• maintain service availability;
• improve performance;
• maintain compatibility;
• replace obsolete technology;
• comply with applicable law;
• comply with registry requirements;
• comply with requirements imposed by infrastructure or software providers; or
• protect GO WEB IT LIMITED, its Customers or its systems.

6.6 Where a change would materially reduce the functionality of a paid Service, we will use reasonable efforts to notify affected Customers.

Customer Responsibilities

7.1 The Customer must provide all information, access, credentials, materials, approvals and cooperation reasonably required for us to provide the Services.

7.2 This may include:

• business information;
• website content;
• existing website access;
• hosting credentials;
• Domain Name access;
• DNS information;
• email credentials;
• photographs;
• branding;
• company information;
• database access; and
• approvals.

7.3 The Customer warrants that information supplied to us is accurate and not misleading.

7.4 The Customer is responsible for keeping its Account details and contact information current.

7.5 The Customer is responsible for obtaining any licences, permissions or consents necessary for Customer Content.

7.6 We are not responsible for delay or inability to complete work caused by the Customer failing to provide required information, access or approvals.

Website Design Services

8.1 HostUs may provide website design as part of an eligible managed website or hosting Service.

8.2 The scope of the website design will be determined by the applicable package, Order or quotation.

8.3 Features, page quantities, integrations, functionality and revisions are limited to those included within the agreed Service.

8.4 Work requested outside the agreed scope may be treated as additional work and may be charged separately.

8.5 Where website design is described as "free", "included", "free professional website design" or using similar wording, this means that no separate upfront design charge is payable for the standard website design included within the applicable HostUs package.

8.6 A free or included website design is supplied for use as part of the Customer's ongoing HostUs managed website or hosting Service.

8.7 A free or included website design is licensed for use and is not sold or assigned to the Customer.

8.8 Payment of hosting charges, subscription fees, setup charges or other recurring Fees does not by itself transfer ownership of Website Design Materials.

8.9 Any Minimum Term applying to a website package will be clearly stated in the applicable Order or quotation.

Approval of Websites

9.1 We may request that the Customer review and approve a website before publication.

9.2 By approving a website for publication, the Customer confirms that, to the best of its knowledge:

• business details are correct;
• contact information is correct;
• prices and product information are correct;
• Customer Content is authorised for use;
• statements made about the Customer's products or Services are accurate; and
• the website may be published.

9.3 The Customer remains responsible for the accuracy and legality of its own business information and Customer Content.

Website Design Ownership

10.1 To the extent that intellectual property rights subsist in Website Design Materials created by GO WEB IT LIMITED and are owned by GO WEB IT LIMITED, those rights remain vested in GO WEB IT LIMITED.

10.2 Nothing in the Contract constitutes an assignment of those rights to the Customer unless an assignment is expressly agreed in writing and signed by or on behalf of GO WEB IT LIMITED.

10.3 Subject to payment of all amounts due, GO WEB IT LIMITED grants the Customer a limited, non-exclusive, non-transferable licence to use the Website Design Materials as part of the applicable HostUs Service for the duration of that Service.

10.4 The licence granted under clause 10.3 ends when the relevant HostUs website Service ends.

10.5 Unless expressly agreed otherwise in writing, the Customer has no right to:

• transfer the HostUs website design to another hosting provider;
• transfer the HostUs website design to another web developer;
• reproduce proprietary Website Design Materials for use elsewhere;
• resell Website Design Materials;
• sublicense Website Design Materials; or
• continue using proprietary Website Design Materials after the relevant HostUs Service ends.

10.6 On cancellation or termination, GO WEB IT LIMITED is not required to provide the Customer with a transferable functioning copy of proprietary Website Design Materials.

10.7 This may include proprietary:

• website templates;
• design layouts;
• custom themes;
• custom development;
• scripts;
• source files;
• design systems;
• graphics created by GO WEB IT LIMITED;
• configuration files; and
• other development materials.

10.8 Nothing in these Terms gives GO WEB IT LIMITED ownership of Customer Content.

10.9 Nothing in these Terms restricts rights granted directly to the Customer under an applicable third-party or open-source licence.

10.10 Software such as content management systems, open-source software, third-party themes, plugins, libraries and frameworks remains subject to the licences of its respective owner or licensor.

10.11 Where Website Design Materials and Customer Data exist within the same technical installation, GO WEB IT LIMITED may exclude proprietary Website Design Materials from an export where reasonably practicable.

10.12 Where technical separation is not reasonably practicable, GO WEB IT LIMITED may provide Customer Content and Customer Data in another reasonable export format.

10.13 Where an export inadvertently contains proprietary Website Design Materials, this does not grant the Customer a licence to deploy, copy or continue using those Website Design Materials after termination.

Separately Purchased Website Ownership

11.1 Clauses relating to non-transferable HostUs Website Design Materials do not apply to intellectual property that the Customer has separately purchased under a written agreement expressly providing for ownership or assignment to the Customer.

11.2 Where ownership is to transfer, the relevant quotation or agreement must expressly state what intellectual property is being assigned.

11.3 Third-party and open-source intellectual property cannot be assigned by GO WEB IT LIMITED where GO WEB IT LIMITED does not own it.

Customer Content

12.1 The Customer retains all applicable rights in Customer Content.

12.2 The Customer grants GO WEB IT LIMITED a non-exclusive licence to host, reproduce, resize, modify, process, display and otherwise use Customer Content only to the extent reasonably necessary to provide the Services.

12.3 This licence will end when the relevant Customer Content is no longer reasonably required to provide the Services, subject to legitimate backup, security and legal retention requirements.

12.4 The Customer warrants that:

1. it owns Customer Content or has permission to use it;
2. Customer Content does not knowingly infringe third-party rights;
3. Customer Content is not unlawful; and
4. use of Customer Content as instructed by the Customer will not cause GO WEB IT LIMITED to breach applicable law.

Customer Data

13.1 As between the parties, the Customer retains all applicable rights and interests in Customer Data.

13.2 GO WEB IT LIMITED does not acquire ownership of Customer Data merely because Customer Data is stored, transmitted or processed through the Services.

13.3 Customer Data may include:

• email messages;
• mailbox contents;
• customer databases;
• Customer Content;
• uploaded documents;
• Customer records;
• contact form submissions;
• business files; and
• other Customer-controlled information.

13.4 Customer Data is separate from Website Design Materials.

13.5 For the avoidance of doubt, ownership or licensing restrictions applying to Website Design Materials do not give GO WEB IT LIMITED ownership of the Customer's emails, customer records, business information or Customer Content.

Moving Customer Data to Another Provider

14.1 A Customer leaving HostUs may request the export or migration of Customer Data that is reasonably capable of transfer.

14.2 Depending on the Services used, transferable Customer Data may include:

• email messages;
• mailbox data;
• Customer-owned files;
• Customer-owned photographs and images;
• documents;
• Customer Content;
• database information belonging to the Customer; and
• other reasonably exportable Customer Data.

14.3 GO WEB IT LIMITED will provide reasonable assistance with a migration where technically practicable.

14.4 Migration of Customer Data does not include a transfer of proprietary Website Design Materials.

14.5 Where a standard Customer Data export can reasonably be provided without additional technical migration work, we may make that export available to the Customer.

14.6 Assisted migration, server configuration, mailbox migration, database work, DNS changes or other technical migration work may be chargeable.

14.7 We will tell the Customer about any charge for assisted migration before undertaking the chargeable work.

14.8 We cannot guarantee that another hosting provider will support the same:

• mailbox structures;
• passwords;
• forwarding rules;
• spam filtering;
• calendars;
• contacts;
• databases;
• applications;
• scripts;
• settings;
• plugins;
• software versions; or
• functionality.

14.9 We are not responsible for faults arising solely within the receiving provider's systems after migration.

Domain Names

15.1 Where GO WEB IT LIMITED registers, renews or manages a Domain Name for the Customer, we may act as registrar or facilitate registration through an applicable registry, registrar or wholesale provider.

15.2 Domain Name registration is subject to:

• availability;
• payment;
• accurate registrant information; and
• the rules, terms and policies of the applicable registry.

15.3 Registration of a Domain Name is not guaranteed until successfully confirmed by the applicable registry.

15.4 Unless expressly agreed otherwise and subject to applicable registry rules, a Domain Name registered for a Customer will be registered for the Customer or its nominated registrant.

15.5 The Customer must provide accurate and current registrant information.

15.6 The Customer is responsible for ensuring its Domain Name does not unlawfully infringe third-party rights.

15.7 Domain Name registration, transfer and renewal charges may be non-refundable once submitted to a registry or third-party provider.

.UK Domain Names and Nominet

16.1 Where a Domain Name falls within the .UK namespace, registration and continued use of the Domain Name will also be subject to the applicable terms, policies and procedures of Nominet UK.

16.2 The Customer agrees to comply with applicable Nominet registrant terms and policies.

16.3 GO WEB IT LIMITED may provide or link to applicable Nominet terms as part of Domain Name registration or renewal.

16.4 Nominet's applicable terms and policies may change independently of these Terms.

16.5 Where Nominet rules conflict with these Terms in relation to administration of a .UK Domain Name, the applicable mandatory Nominet requirements will prevail.

Domain Transfers

17.1 A Domain Name belonging to the Customer is separate from the HostUs website design.

17.2 Cancellation of a HostUs website or hosting Service does not by itself transfer ownership of a Customer Domain Name to GO WEB IT LIMITED.

17.3 Subject to applicable registry requirements, the Customer may request transfer of a Domain Name to another registrar or provider.

17.4 GO WEB IT LIMITED will process valid transfer requests in accordance with applicable registry requirements.

17.5 We will not refuse or prevent a Domain Name transfer where doing so would breach applicable registry rules.

17.6 We may take reasonable steps to verify that a transfer request is authorised.

17.7 Outstanding contractual debts remain payable and may be pursued separately.

17.8 A Domain Name transfer does not transfer:

• the HostUs website design;
• Website Design Materials;
• proprietary templates;
• proprietary code; or
• other GO WEB IT LIMITED intellectual property.

Domain Renewal

18.1 Domain Names have fixed registration periods and require renewal.

18.2 Domain Name renewal dates may differ from website, hosting or email renewal dates.

18.3 Renewal is subject to payment of the applicable renewal charge.

18.4 Registry and wholesale prices may change.

18.5 We may pass applicable registry or supplier price increases on to the Customer.

18.6 We will use reasonable efforts to provide renewal information where appropriate, but the Customer remains responsible for maintaining current contact and payment information.

18.7 We are not responsible for expiration caused by:

• the Customer cancelling renewal;
• failed payment;
• inaccurate Customer contact information;
• the Customer failing to respond to a required registry verification request; or
• circumstances outside our reasonable control.

18.8 Where a Domain Name expires, restoration may be possible but is not guaranteed and additional registry restoration charges may apply.

Hosting Services

19.1 Hosting Services provide infrastructure for websites, applications, email or related services.

19.2 Unless expressly stated in a written Service Level Agreement, we do not guarantee uninterrupted or error-free availability.

19.3 Temporary interruption may occur because of:

• planned maintenance;
• emergency maintenance;
• hardware failure;
• software failure;
• network failure;
• data centre incidents;
• cyberattacks;
• distributed denial-of-service attacks;
• upstream provider failures;
• internet routing problems;
• security incidents; or
• circumstances outside our reasonable control.

19.4 We will use reasonable efforts to restore Services affected by an incident for which we are responsible.

19.5 We may perform emergency maintenance without prior notice where reasonably necessary to protect security, infrastructure, Customer Data or other customers.

19.6 Where reasonably practicable, planned maintenance will be undertaken so as to minimise disruption.

Fair Use and Server Resources

20.1 Hosting Services are subject to reasonable use of available infrastructure.

20.2 The Customer must not use Services in a way that materially and adversely affects the availability, security or performance of Services used by others.

20.3 We may contact a Customer where its Services consume excessive levels of:

• CPU;
• memory;
• storage;
• disk input/output;
• bandwidth;
• database resources;
• email resources; or
• other shared infrastructure.

20.4 We may reasonably require the Customer to:

• optimise its website or application;
• remove problematic software;
• resolve malware;
• reduce resource consumption;
• upgrade its package; or
• move to a more appropriate environment.

20.5 Where excessive use creates an immediate threat to service stability or security, we may temporarily restrict the affected Service.

Email Hosting

21.1 Where provided, email hosting is subject to these Terms and reasonable acceptable-use restrictions.

21.2 Email Services must not be used for:

• spam;
• unsolicited bulk messaging;
• phishing;
• fraud;
• malware;
• email bombing;
• unlawful marketing; or
• conduct likely to cause our infrastructure or IP addresses to be blocked or blacklisted.

21.3 Email deliverability cannot be guaranteed.

21.4 Delivery decisions may be made by receiving email providers, spam filters, reputation services and third-party networks outside our control.

21.5 We do not warrant that every outgoing message will be accepted, delivered or placed in a recipient's inbox.

21.6 The Customer is responsible for:

• secure passwords;
• protection of email credentials;
• users authorised to access its mailboxes;
• lawful use of email; and
• notifying us promptly of suspected compromise.

21.7 If an email account is compromised or poses a threat to infrastructure or reputation, we may temporarily restrict outgoing email or take other reasonable protective action.

Backups

22.1 Any backup Service supplied by us will be described in the applicable package or Service specification.

22.2 Unless expressly stated otherwise, backups are intended as a disaster recovery measure and should not be treated as the Customer's only copy of important data.

22.3 The Customer should maintain independent copies of business-critical information where reasonably appropriate.

22.4 We do not guarantee that every backup will contain every item of Customer Data or that every backup will successfully restore.

22.5 Backup retention periods may differ between Services.

22.6 Where backup restoration is included within a package, that package description will apply.

22.7 Additional restoration work may be chargeable where restoration is required as a result of Customer action, Customer-installed software or another matter outside our responsibility.

Security

23.1 GO WEB IT LIMITED will maintain reasonable technical and organisational security measures appropriate to the Services provided.

23.2 No internet-connected service can be guaranteed to be completely secure.

23.3 Customers must take reasonable steps to protect their Accounts and Services.

23.4 Customers must:

• use reasonably secure passwords;
• keep credentials confidential;
• use multi-factor authentication where available and appropriate;
• protect Customer-controlled devices;
• promptly remove access for users who no longer require it; and
• notify us promptly of suspected unauthorised access.

23.5 Customers must not attempt to circumvent security controls.

23.6 We may take immediate reasonable action where we believe an Account, website, mailbox or other Service has been compromised.

Acceptable Use

24.1 Services must not be used for unlawful or abusive purposes.

24.2 Prohibited activity includes:

• distribution of malware or ransomware;
• phishing;
• fraud;
• unauthorised system access;
• hacking;
• denial-of-service attacks;
• malicious bots;
• spam;
• unlawful content;
• deliberate infringement of intellectual property rights;
• unlawful impersonation;
• distribution of malicious software;
• network abuse;
• activity intended to evade security controls; or
• conduct reasonably likely to cause our servers, networks or IP addresses to be blocked or materially damaged.

24.3 We may investigate suspected misuse.

24.4 We may suspend Services immediately where reasonably necessary to:

• protect infrastructure;
• prevent serious abuse;
• protect other customers;
• respond to a credible security threat;
• comply with law; or
• comply with a lawful instruction from a competent authority.

Customer Website Legal Compliance

25.1 Unless expressly included in the applicable Order, GO WEB IT LIMITED does not provide legal, regulatory or compliance advice concerning the Customer's business.

25.2 The Customer remains responsible for ensuring its business and Customer Content comply with laws and regulations applicable to it.

25.3 This may include, where applicable:

• privacy information;
• cookie requirements;
• marketing rules;
• product information;
• industry-specific disclosures;
• regulated claims;
• terms of sale;
• accessibility requirements; and
• permissions to use Customer Content.

25.4 Where we provide templates or general wording, these are provided for general assistance only unless we expressly agree to provide a specific compliance service.

25.5 The Customer should obtain appropriate professional advice where its business is subject to specialist regulatory requirements.

Third-Party Services and Software

26.1 Services may depend on third-party products and infrastructure.

26.2 These may include:

• data centres;
• server providers;
• software vendors;
• payment providers;
• email delivery providers;
• SSL providers;
• content management systems;
• plugins;
• themes;
• APIs;
• registries;
• security providers; and
• telecommunications providers.

26.3 Third-party products may be subject to separate terms and licences.

26.4 We are not responsible for a third-party change, withdrawal or failure to the extent that:

1. it is outside our reasonable control; and
2. it was not caused or materially contributed to by our breach of the Contract or negligence.

26.5 If a third-party Service is materially changed or withdrawn, we may replace it with a reasonably suitable alternative where practical.

26.6 Third-party software licences included within a managed HostUs Service may terminate when the relevant HostUs Service ends.

Search Engines and External Platforms

27.1 Unless expressly guaranteed in writing, we do not guarantee:

• search engine rankings;
• website traffic;
• sales;
• enquiries;
• conversions;
• advertising performance;
• social media performance; or
• continued availability or approval by a third-party platform.

27.2 Search engines and third-party platforms may change their algorithms, rules, interfaces and services without our control.

Support

28.1 Support is provided according to the Customer's applicable package.

28.2 Unless expressly included in the package, support does not include:

• unlimited website development;
• unlimited redesign;
• unlimited content entry;
• development of new functionality;
• support for unrelated third-party systems;
• repair of Customer-controlled systems; or
• work reasonably constituting a new project.

28.3 Additional work may be quoted or charged separately.

28.4 Estimated response times are not guaranteed unless included in a written Service Level Agreement.

Fees

29.1 Fees will be those stated in the applicable Order, package or quotation.

29.2 Fees may include:

• recurring hosting charges;
• managed website charges;
• email charges;
• setup fees;
• Domain Name registration or renewal charges;
• licence charges;
• development fees;
• migration charges;
• support charges; and
• other agreed Fees.

29.3 Where prices are stated exclusive of VAT, this will be made clear and VAT will be charged at the applicable rate where legally required.

29.4 Additional work outside the agreed scope may be charged at an agreed price or our applicable rate.

Payment

30.1 The Customer must pay Fees by the due date stated in the Order, invoice or subscription.

30.2 Recurring Services are generally payable in advance unless expressly agreed otherwise.

30.3 The Customer is responsible for maintaining a valid payment method where recurring payments apply.

30.4 The Customer authorises us and our payment providers to collect recurring Fees using the payment method authorised by the Customer.

30.5 Payments must be made without deduction or set-off except where required by law or expressly agreed by us.

Recurring Services and Renewal

31.1 Recurring Services will continue for the applicable billing period until cancelled in accordance with these Terms.

31.2 The applicable Order will identify:

• the recurring price;
• billing frequency;
• any Minimum Term; and
• other material renewal conditions.

31.3 Where a Service automatically renews, renewal will occur according to the billing cycle shown in the applicable Order.

31.4 Renewal of one Service does not necessarily renew a separate Domain Name or other Service unless specified.

31.5 Customers can request information about current renewal dates through the HostUs customer portal or support service.

Price Changes

32.1 We may change the price of a recurring Service by giving the Customer at least 30 days' notice.

32.2 Unless otherwise expressly agreed, a general price increase will take effect from the Customer's next renewal occurring after the notice period.

32.3 We will not ordinarily increase an agreed recurring price during a fixed Minimum Term except where the increase directly results from:

• taxation;
• registry charges;
• third-party licence charges;
• statutory charges; or
• other third-party costs expressly stated to be passed through to the Customer.

32.4 Where a general price increase applies at renewal, the Customer may cancel the affected Service before the increased price takes effect, subject to any existing Minimum Term that has not expired.

Late Payment

33.1 If payment is overdue, we may request immediate payment.

33.2 We reserve all rights available to us under the Late Payment of Commercial Debts (Interest) Act 1998, including where applicable the right to claim statutory interest, fixed compensation and reasonable recovery costs.

33.3 We may suspend Services where a payment remains overdue after reasonable notice.

33.4 Where immediate suspension is reasonably necessary to prevent further financial loss, fraud or abuse, suspension may occur without further notice.

33.5 Suspension does not remove the Customer's obligation to pay amounts already due.

33.6 We may require overdue amounts to be paid before a suspended Service is restored.

Minimum Terms

34.1 A Minimum Term only applies where expressly stated in the applicable Order or quotation.

34.2 If no Minimum Term is stated, no Minimum Term will be implied.

34.3 Where the Customer cancels a Service during an agreed Minimum Term other than because of an uncured material breach by GO WEB IT LIMITED, Fees properly due for the agreed Minimum Term may remain payable where expressly stated in the Order.

34.4 Any early termination charge will represent the contractual charges agreed for the applicable Minimum Term and is not intended to operate as a penalty.

Cancellation by the Customer

35.1 The Customer may request cancellation through:

• the HostUs customer portal;
• email;
• support; or
• another cancellation method made available by us.

35.2 Unless a Minimum Term or different notice period applies, cancellation will normally take effect at the end of the current paid billing period.

35.3 Fees already paid for a current billing period are not refundable merely because the Customer ceases using the Service before that billing period ends, unless otherwise agreed.

35.4 Cancellation of one Service does not automatically cancel another Service.

35.5 In particular:

• cancelling a website does not automatically transfer a Domain Name;
• cancelling hosting does not automatically cancel a Domain Name;
• transferring a Domain Name does not automatically cancel hosting; and
• cancelling hosting does not transfer the HostUs website design.

35.6 Customers should arrange export or migration of required Customer Data before cancellation where reasonably possible.

Suspension

36.1 We may suspend all or part of a Service where reasonably necessary because of:

• overdue payment;
• suspected fraud;
• malware;
• security compromise;
• spam;
• unlawful activity;
• excessive resource use;
• material breach of these Terms;
• a registry instruction;
• a lawful instruction from a competent authority; or
• an immediate threat to infrastructure, networks or customers.

36.2 Where reasonably possible, we will notify the Customer before suspension and provide a reasonable opportunity to remedy the issue.

36.3 Immediate suspension may occur where advance notice would increase risk or where urgent action is reasonably necessary.

36.4 We will use reasonable efforts to restore a suspended Service when the reason for suspension has been satisfactorily resolved.

Termination by GO WEB IT LIMITED for Breach

37.1 We may terminate a Contract if the Customer:

• materially breaches the Contract and fails to remedy the breach within a reasonable period after being notified;
• persistently fails to pay Fees;
• uses a Service unlawfully;
• commits fraud;
• seriously abuses infrastructure;
• creates a material security threat; or
• becomes subject to an insolvency event which materially affects its ability to perform the Contract.

37.2 We may terminate immediately where:

• the breach is incapable of remedy;
• continuing the Service would be unlawful;
• fraud has occurred;
• serious malicious activity has occurred; or
• immediate termination is reasonably necessary to prevent substantial harm.

Discontinuation of a Service

38.1 We may discontinue a Service for legitimate commercial, technical, security or operational reasons.

38.2 Unless urgent circumstances require otherwise, we will provide at least 30 days' notice where discontinuation materially affects an active paid Service.

38.3 Where we discontinue a prepaid Service before the end of the paid period for reasons not caused by the Customer, we will provide an appropriate pro-rata refund for the unused portion unless a reasonable replacement Service is accepted by the Customer.

38.4 Where reasonably practicable, we will provide an opportunity for Customer Data to be exported before the Service is discontinued.

Effect of Ending a Website Service

39.1 When a HostUs managed website Service ends:

1. the Customer's licence to use proprietary Website Design Materials ends;
2. the Customer must cease using proprietary Website Design Materials;
3. GO WEB IT LIMITED is not required to provide a transferable functioning copy of the HostUs website;
4. Customer Content remains the Customer's;
5. Customer Data will be dealt with in accordance with these Terms; and
6. Domain Names remain subject to the Domain Name provisions of these Terms.

39.2 The Customer may request migration or export of transferable Customer Data.

39.3 Termination does not create any ownership right in Website Design Materials.

Customer Data at Termination

40.1 Before termination, the Customer may request the return or export of Customer Data that GO WEB IT LIMITED processes on its behalf.

40.2 Where GO WEB IT LIMITED acts as Data Processor, the Customer may instruct us to:

1. return the relevant Personal Data; or
2. delete the relevant Personal Data,

subject to applicable law and the Data Processing Schedule.

40.3 If the Customer does not provide instructions before termination, we may retain Customer Data in the live hosting environment for up to 30 days solely for:

• migration;
• account closure;
• security;
• backup transition; and
• lawful administration.

40.4 During that period, the Customer may request return of Customer Data that remains reasonably available.

40.5 After the applicable retention period, live Customer Data may be permanently deleted without further notice.

40.6 The Customer must not rely on the post-termination period as a substitute for arranging migration before cancellation.

40.7 Customer Data contained solely in backups may remain until overwritten or deleted through the ordinary backup-retention cycle.

40.8 Customer Data held solely in backups will continue to be protected and will not ordinarily be restored to active systems except where necessary for:

• disaster recovery;
• security;
• legal compliance; or
• another legitimate technical requirement.

40.9 Where applicable law requires specific information to be retained for longer, we may retain that information for the legally required period.

Data Protection

41.1 Each party will comply with applicable UK Data Protection Law.

41.2 Depending on the processing activity, GO WEB IT LIMITED may act as:

• a Data Controller; or
• a Data Processor.

41.3 GO WEB IT LIMITED generally acts as Data Controller for Personal Data it processes for its own purposes, including:

• Customer account administration;
• billing;
• payment administration;
• fraud prevention;
• security;
• customer support;
• legal compliance; and
• communications relating to the Customer's Services.

41.4 Where GO WEB IT LIMITED processes Personal Data contained within a Customer's website, mailbox, database or hosting environment solely on the Customer's behalf, the Customer will normally act as Controller and GO WEB IT LIMITED will act as Processor.

41.5 Where GO WEB IT LIMITED acts as Processor, Schedule 1 – Data Processing Terms applies.

41.6 Our processing as a Controller will also be governed by our applicable Privacy Policy.

Confidentiality

42.1 Each party must keep confidential information received from the other party confidential.

42.2 Confidential information may only be disclosed:

• to employees or contractors who reasonably need access and are subject to appropriate confidentiality obligations;
• to professional advisers;
• to relevant service providers where required to provide the Services;
• where required by law; or
• with the other party's permission.

42.3 Confidentiality obligations do not apply to information that:

• is lawfully public;
• was already lawfully known to the receiving party;
• was independently developed without use of confidential information; or
• is lawfully obtained from another source.

42.4 This clause survives termination of the Contract.

Intellectual Property Generally

43.1 Each party retains its pre-existing intellectual property.

43.2 Nothing in the Contract transfers intellectual property ownership except where expressly agreed in writing.

43.3 Third-party intellectual property remains subject to its applicable licence.

43.4 Rights expressly granted under the Contract are licences only unless the Contract expressly states that rights are assigned.

Liability – General

44.1 Nothing in these Terms excludes or limits liability where exclusion or limitation would be unlawful.

44.2 Nothing in these Terms excludes or limits liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation; or
• any other liability which cannot lawfully be excluded or limited.

44.3 All exclusions and limitations in these Terms apply only to the extent permitted by law.

Liability – Business Losses

45.1 Subject to clause 44, GO WEB IT LIMITED will not be liable for:

• indirect loss;
• consequential loss;
• loss of anticipated profits;
• loss of anticipated savings;
• loss of business opportunity;
• loss of goodwill; or
• loss caused solely by the Customer's failure to maintain an appropriate independent copy of business-critical information where it was reasonable for the Customer to do so.

45.2 We will not be liable for loss arising from:

• Customer error;
• inaccurate Customer instructions;
• unlawful Customer Content;
• Customer-installed software;
• compromised Customer credentials resulting from the Customer's failure to take reasonable security precautions;
• failures of the public internet;
• receiving email providers;
• registries;
• third-party software; or
• third-party infrastructure,

to the extent the relevant event was outside our reasonable control and was not caused or materially contributed to by our breach of the Contract or negligence.

45.3 Nothing in this clause removes any specific backup, availability or other commitment expressly made in a written Service Level Agreement.

Liability Cap

46.1 Subject to clause 44, GO WEB IT LIMITED's total aggregate contractual and tortious liability arising out of or in connection with an affected Service will not exceed 100% of the Fees paid or payable by the Customer for that affected Service during the 12 months immediately preceding the event giving rise to the claim.

46.2 Where the affected Service has existed for less than 12 months, the cap will be the Fees paid or payable for that Service during the period from commencement of the Service to the event giving rise to the claim.

46.3 The limitations contained in these Terms are intended to reflect the Fees charged for the Services and the availability to the Customer of appropriate business insurance.

Customer Indemnity

47.1 The Customer will indemnify GO WEB IT LIMITED against reasonable third-party claims, losses and costs directly arising from:

• unlawful Customer Content;
• intellectual property infringement caused by Customer Content supplied by the Customer;
• fraudulent use of the Services by the Customer;
• deliberate misuse of infrastructure by the Customer; or
• a material breach of applicable law by the Customer through use of the Services.

47.2 The indemnity does not apply to the extent that a claim was caused or materially contributed to by GO WEB IT LIMITED's breach, negligence or unlawful conduct.

47.3 We will take reasonable steps to notify the Customer of a claim for which we seek indemnification.

Events Outside Reasonable Control

48.1 Neither party will be liable for a failure or delay caused by circumstances outside its reasonable control.

48.2 Such circumstances may include:

• fire;
• flood;
• severe weather;
• natural disaster;
• war;
• terrorism;
• civil disorder;
• industrial action;
• government action;
• widespread telecommunications failure;
• data centre failure;
• major internet outage;
• major cyberattack; or
• failure of essential infrastructure outside the affected party's reasonable control.

48.3 This clause does not excuse payment obligations that became due before the relevant event.

48.4 If an event materially prevents an affected Service from being provided for a prolonged period, either party may terminate the affected Service on written notice.

Changes to these Terms

49.1 We may update these Terms where reasonably necessary because of:

• changes to law;
• changes to the Services;
• security requirements;
• registry requirements;
• infrastructure changes;
• changes to third-party requirements; or
• legitimate operational requirements.

49.2 Changes will not retrospectively alter rights or liabilities which accrued before the change took effect.

49.3 Where a change materially disadvantages an existing Customer, we will provide at least 30 days' notice, unless the change must take effect sooner because of:

• law;
• regulation;
• security requirements;
• registry requirements; or
• circumstances outside our reasonable control.

49.4 A material commercial change to a fixed Minimum Term will normally take effect from the next renewal unless otherwise expressly permitted by the Contract.

49.5 The current version of the Terms will be made available through HostUs.

Assignment and Subcontracting

50.1 GO WEB IT LIMITED may use subcontractors and third-party providers to perform aspects of the Services.

50.2 GO WEB IT LIMITED remains responsible for performing its contractual obligations subject to these Terms.

50.3 Where a subcontractor processes Personal Data on behalf of the Customer, Schedule 1 applies.

50.4 GO WEB IT LIMITED may assign the Contract as part of a genuine sale, transfer or restructuring of its business, provided that the Customer's material contractual rights are not materially reduced.

50.5 The Customer may not assign the Contract without our prior written consent, such consent not to be unreasonably withheld where appropriate.

50.6 Nothing in this clause prevents the Customer from transferring a Domain Name in accordance with applicable registry rules.

Notices and Communications

51.1 We may communicate with the Customer using:

• email;
• Account notifications;
• the HostUs customer portal;
• support tickets;
• invoices; or
• another contact method supplied by the Customer.

51.2 The Customer is responsible for maintaining an active contact email address.

51.3 Communications sent to the email address associated with the Account will be treated as having been sent to the Customer unless we know that address is no longer valid.

51.4 Formal legal notices to GO WEB IT LIMITED may be sent to:

Complaints

52.1 Customers should raise complaints with GO WEB IT LIMITED as soon as reasonably practicable.

52.2 We will investigate complaints fairly and use reasonable efforts to resolve them.

52.3 Domain Name complaints or disputes may also be subject to the procedures of the applicable registry.

52.4 Nothing in these Terms prevents a Customer using a mandatory registry complaint or dispute process.

Entire Agreement

53.1 The Contract constitutes the entire agreement between the parties relating to the relevant Services.

53.2 The Customer acknowledges that it has not relied on any statement or representation not contained within the Contract.

53.3 Nothing in this clause excludes liability for fraud or fraudulent misrepresentation.

No Waiver

54.1 Failure or delay by either party in exercising a contractual right does not constitute a waiver of that right.

54.2 Waiver of one breach does not constitute waiver of another breach.

Severability

55.1 If any provision of the Contract is found to be invalid, unlawful or unenforceable, that provision will be treated as modified to the minimum extent necessary to make it valid and enforceable.

55.2 If modification is not possible, that provision will be treated as deleted.

55.3 The remaining provisions will continue in effect.

Relationship of the Parties

56.1 Nothing in the Contract creates:

• a partnership;
• joint venture;
• employment relationship; or
• agency relationship

between the Customer and GO WEB IT LIMITED.

56.2 Neither party may bind the other except where expressly authorised.

Third-Party Rights

57.1 Except where expressly stated otherwise, a person who is not a party to the Contract has no right to enforce any term of the Contract under the Contracts (Rights of Third Parties) Act 1999.

Survival

58.1 Provisions which by their nature are intended to continue after termination will survive termination.

58.2 This includes provisions relating to:

• intellectual property;
• confidentiality;
• payment obligations;
• liability;
• indemnities;
• Customer Data;
• data protection; and
• governing law.

Governing Law and Jurisdiction

59.1 The Contract and any dispute or claim arising out of or in connection with it will be governed by the laws of England and Wales.

59.2 The courts of England and Wales will have exclusive jurisdiction over disputes arising out of or in connection with the Contract.