Hosting & Domain Terms & Conditions

Please read all terms & conditions which applies to all the services we offer

These legal terms (English law applies) are between you and 9to5WebDesign, you indicate acceptance of these terms and conditions of service by placing an order via the site. 

1. Definitions

The following terminology applies to these Terms and Conditions:

1.1 “9to5WebDesign” means the ‘9to5WebDesign’ hosting company

1.2 “IP address” stands for internet protocol address which is the numeric address for the server;

1.3 “downtime” means any service interruption in the availability to visitors of the Website;

 1.4 “the Services” means domain name registration, web hosting, email and any other services or facilities provided by 9to5WebDesign.

1.5 “virus” means a computer programme that copies itself or is copied to other storage media, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as “worms” or “Trojan horses”;

1.6 “visitor” means a third party who has accessed the Website;

2. Introduction

2.1 9to5WebDesign provides web hosting services and has agreed to host the Customer’s data upon the following terms and conditions.
2.2
 The Customer wishes to provide 9to5WebDesign with data that will be hosted on 9to5WebDesign servers and made accessible via the Internet.

3. Payment, money-back guarantee & Fees

3.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including Maestro (Switch), Solo, Visa Electron and Visa Delta) and direct debits, Bank Transfers also available.

3.2 9to5WebDesign may be entitled to charge fees in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due at a rate of 5% per day.

3.3 9to5WebDesign “Money-Back Guarantees” on certain products. Should your product qualify for this guarantee please contact us 30 days of placing your order for a full refund. This guarantee excludes domain names, domain privacy add-ons and web design/marketing services, which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once.

3.4 Part refunds will not be issued for yearly services that are cancelled before the end of the year.

3.5 Should your chosen payment method fail 9to5WebDesign will attempt to settle your invoice using any other payment facilities available on your account.

3.6 All services will renew until cancelled by the customer. 9to5WebDesign emails the customers primary email address prior to renewal of services, it is the customers responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.

4. Downtime and Data Backup

4.1 9to5WebDesign shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems.  

4.2 9to5WebDesign makes no warranties or representations that the Service will be uninterrupted or error-free and 9to5WebDesign shall not, in any event, be liable for interruptions of Service or downtime of the server.

4.3 9to5WebDesign carries out data backups for use by 9to5WebDesign in the event of systems failure. 9to5WebDesign do not provide data restoration facilities for individual customers. Every effort is made to ensure data is backed up correctly 9to5WebDesign accepts no responsibility for data loss or corruption, it is the customers’ responsibility to backup data.

5. Term and Termination

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

5.2 9to5WebDesign shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.

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

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

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

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

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

5.5 On termination all data held in the customer’s account will be deleted.

6. Domain Name Registration

6.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it 9to5WebDesign will provide a full refund for that domain name, this will be the full limit of our liability.

6.2 9to5WebDesign will make reasonable endeavors to renew domains where the renewal fee has been paid. In the event that we are unable to renew a domain name and that domain name is subsequently lost, the limit of our liability shall be the renewal fee for that domain name.

6.3 The Customer agrees that information submitted for registration of domain names is then available to the general public via the Nominet Whois system. However, Customers who are using their website for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system.

6.4 Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of 9to5WebDesign.

7. Alterations and Updates

All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a username and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this username and password.

8. Web Space Usage

Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good housekeeping when maintaining their account.

9. Server Usage

9.1 Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.

9.2 9to5WebDesign does not allow proxy sites of any nature to be hosted on its network.

9.3 9to5WebDesign will scan for unused hosting packages every three months and mark hosting packages for which the DNS records are not set to our servers as inactive. As an account holder, we notify you of this by email so that you can mark the package as active through you account’s control panel if it is in use. If the package remains marked inactive, it will be disabled after seven days. Hosting packages that have been disabled for 50 days will be deleted.

10. Mailboxes

Mail boxes not accessed for 100 days or more will be deleted from the server.

11. Bandwidth

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

11.2 Web hosting accounts include a certain amount of bandwidth, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more bandwidth included or until the start of the following month. Your bandwidth usage is shown in the my services via the client area.

11.3 Web hosting accounts are prohibited from hosting hardcore pornographic material, hosting graphics or scripts for other websites, storing pages, files or data as a repository for other websites or as a backup, giving away web space under a domain (including Resellers giving away free websites), subdomain or directory.

12. Force Majeure

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

13. Deactivated Accounts

When a web hosting account is deactivated, you agree that after 50 days this account may be deleted from the system without notice.