The terms of the online customer order form, our Acceptable Use Policy and our 30 day money back guarantee are incorporated into these terms and conditions.

1. DEFINITIONS

1.1 References to “we”, “us” and “our” are references to Hipposerve Digital Services Ltd (trading as Hipposerve) registered in England (company registration number 10288860).

1.2 The terms “you” and “your” refer to any individual, company or business to whom we provide our Services as specified in the online customer order form including a person reasonably appearing to us to act with your authority.

1.3 In these conditions the following words and expressions shall have the following meanings:

• Commencement Date means the date of our acceptance of your order as notified to you under our account activation notice;
• Contract means any contract between us and you for the supply of Services incorporating these conditions;
• Domain Names means Internet addresses which have been registered with the central registration authorities on the Internet on your behalf;
• Gigabyte means 1,073,741,824 bytes or characters of information;
• Hosting means the making available of your Domain Name on the Internet;
• Internet means the network of interconnected e-communications and computer systems connected by internet protocol numbers;
• Megabyte means 1,048,576 bytes or characters of information;
• Renewal Date means the day following the end of the first billing period specified in the online customer order form and the day following the end of the relevant billing period from time to time;
• Services the internet services to be provided by us to you as specified in the online customer order form together with any other services which we provide, or agree to provide, to you;
• Upload means to transfer computer files to our computer system for publication on the Internet or WWW;
• Web Site means the area on our computer system allocated to you for the purpose of this Contract;
• WWW means World Wide Web service available on the Internet;

1.4 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.5 Condition headings do not affect the interpretation of these conditions.

1.6 Any words in the singular include the plural and vice versa.

2. APPLICATION OF CONDITIONS

2.1 Subject to any variation under conditions 2.2 or 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any order, confirmation of order or other document).

2.2 Any variation to these conditions and any representations about the Services shall have no effect unless expressly agreed in writing and signed by our authorised representative on our behalf. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this Contract. Nothing in this condition shall exclude or limit our liability for fraudulent misrepresentation.

2.3 We reserve the right to alter or amend our terms and conditions by giving you fourteen days’ prior notice by email and by displaying the notice on the our web site in the Terms and Conditions section. If you do not want to accept any new conditions you must inform us within 7 days by emailing us at accounts@hipposerve.co.uk otherwise you will be deemed to have accepted such new conditions.

2.4 Your order for Services from us shall be deemed to be an offer by you to buy the Services subject to these conditions.

2.5 No order placed by you shall be deemed to be accepted by us until an account activation notice is issued by us.

2.6 You shall ensure that the terms of your order are complete and accurate.

2.7 Any date proposed either by you or us for the provision of the Services is to be treated as an estimate only and we accepts no liability for any failure to meet it.

2.8 These terms and conditions may change or be updated from time to time. It remains your responsibility to access and check these terms and conditions whenever you access this web site. The latest version of these terms and conditions will govern any future usage by you of this web site and the Services.

3. CONTRACT PERIOD

3.1 Subject to termination under conditions 9 and 10 this Contract shall begin on the Commencement Date and shall automatically renew on the relevant Renewal Date for successive periods equal to the billing period set out in the online customer order form or for such period as subsequently agreed by us in writing.

3.2 If you wish to change your billing period (e.g switch to monthly after an annual contract) after the initial contract period, please notify us in writing prior to the contract end.

4. YOUR RESPONSIBILITIES

4.1 You agree that you will keep secure the login name and password specified on your online customer order form and not to pass that information to any unauthorised person. In the event of your login name and password being used by any unauthorised person, we accept no responsibility and you will be liable for additional charges arising therefrom.

4.2 It is your sole responsibility to make regular backups of your data and files used in connection with the Services. Even though we may make our own periodic back-ups for server maintenance purposes we are not responsible whatsoever for your data or files. If you have purchased an additional backup service, you data will be sent in an encrypted form to our third party backup provider (Amazon S3). Hipposerve can not be held responsible for any failure of these third party services.

4.3 You agree that you will not:

4.3.1 perform any action that will reduce performance of our servers to the detriment of other users;

4.3.2 upload any virus to the Web Site which could infect our server or other equipment;

4.3.3 allow a virus to enter the Internet by allowing Internet users to download files containing viruses or (knowingly or otherwise) from their web space which is on our server;

4.3.4 upload any material which infringes the intellectual property rights of any other party. We accept no responsibility for your actions in either uploading material to the Internet or in your transferral of any material to other Web Sites (or vice versa);

4.3.5 upload any material which may be considered to be contrary to public decency and morality including (but not limited to) pornographic, barbaric and overtly tasteless material. We reserve the right to randomly inspect the Web Site and in the event that any unauthorised material has been uploaded to that Web Site, we reserve the right to inform the relevant authorities and to terminate this Contact forthwith;

4.3.6 cause or permit or in any way assist in any unauthorised publication or any dissemination of defamatory material or any material which could be considered to be in breach of the civil or criminal laws of England and Wales see 4.3.11;

4.3.7 commit any act whereby access is gained by you to any information or resources of any person, body corporate individual, partnership, government agency, national institution, charity or recognised organisation without first having obtained authority from those persons or institutions;

4.3.8 use our servers or network to send unsolicited or spam e-mail to other Internet users regardless of whether we are referred to or not either directly or indirectly in such postings. Failure to meet this obligation would result in the termination of this Contract without refund.

4.3.9 not to use our servers or network either directly or indirectly in a way that would have a detrimental effect on network performance;

4.3.10 do any act or omission the result of which would have the effect of bringing us into disrepute.

4.3.11 Should a third party issue a “Take Down Notice”, provided by a court of law or relevant law enforcement agency, we are obliged to remove your website, without notice.

5. HIGH RESOURCE USAGE POLICY

5.1 Where we do not operate a bandwidth capping policy we maintain high ratios of bandwidth per Web Site. In the rare circumstances that a user utilises our server resources to such an extent that it may jeopardise server performance and resources for other users then we reserve the right to implement the following High Resource User Policy at our sole discretion:
Where a service is delivered with bandwidth restrictions and/or limitations we reserve the right at our sole discretion to charge you for excess bandwidth used however caused at the rate of £0.50 (ex VAT) per gigabyte or part thereof.

5.1.1 Resources are defined as bandwidth, processor utilisation or disk space;

5.1.2 We reserve the right to suspend or terminate any Web Site immediately in order to prevent the misuse of our servers and to maintain maximum availability for other users. You may be offered alternate hosting options including us hosting the Web Site for an additional fee.

6. LIMITATION OF LIABILITY

6.1 The following provisions set out the our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:

(a) any breach of these conditions;

(b) any use made by you of any of the Services;

(c) the content of any information placed by you onto our server;

(d) the failure of or any problem experienced by you in the operation of your Web Site;

(e) with regard to any application, receipt of, or failure to receive Domain Name registration, the registration, renewal, non-registration, non-renewal, suspension, transfer, failure to transfer, operation, delivery, mis-delivery or any and all combinations or for any errors or omissions or any other actions by the registry administrator arising out of or relating to any application, receipt of, or failure to receive a domain registration; and

(f) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

6.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract save that where you are a consumer rather than a business no provision of this clause 6 or these conditions shall affect your rights as a consumer.
As the Services are normally supplied immediately unless agreed otherwise with us there is not normally an opportunity to cancel under regulation 13 of the Consumer Protection (Distance Selling) regulations 2000.

6.3 Nothing in these conditions excludes or limits our liability:

(a) for death or personal injury caused by our negligence; or

(b) for any matter which it would be illegal for us to exclude or attempt to exclude its liability; or

(c) for fraud or fraudulent misrepresentation.

6.4 Subject to conditions 6.2 and 6.3:

(a) our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract (For Agreed Contract/Payment Period) shall be limited to the initial total amount paid for the Services or Domain Name registration or £250 whichever is the greater; and

(b) we shall not be liable to you for any:

• (i) pure economic loss
• (ii) loss of profit
• (iii) loss of business
• (iv) loss of anticipated savings
• (v) depletion of goodwill or otherwise

in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

6.5 Each provision of this condition 6 is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held inapplicable or unreasonable.

7. INDEMNITY

7.1 Without prejudice to any other rights or remedies which we may have against you, you agree to indemnify and keep us indemnified against:

7.1.2 all costs, claims, demands, liabilities, expenses, damages or losses or expenses arising out of or in connection with any breach by you of this Contract; and

7.1.3 all costs, claims, demands, liabilities, expenses, damages or losses or expenses arising out of any action brought or threatened against us by a third party which is caused by or arises from any action or omission of ours carried out pursuant to your instructions.

8. TERMINATION OF THIS CONTRACT BY US

8.1 If you do not pay any charge when due or materially breach this Contract in any other way we can terminate this Contract immediately without the requirement of prior notification.

8.2 If any sum payable under this Contract is still outstanding by 1 or more days we reserve the right to follow the procdure listed in section 1.6 of our Charging Policy

8.3 Should we reasonably deem you a threat to the integrity of the our network whether as a result of your actions or threats of such actions or by hostility of your actions or due to any other reason which in our considered opinion would be against our business interest, then we can terminate this Contract immediately without the requirement for prior notification.

8.4 If you go into liquidation or (in the case of an individual or firm become bankrupt) make a voluntary arrangement or have a receiver or administrator appointed we can terminate this Contract immediately without the requirement of prior notification.

8.5 Termination of this Contract by us will result in the retaining by us of all monies received from you who will not be entitled to a refund of monies paid.

8.6 Upon termination of this Contract you shall nevertheless remain liable for all charges due or which would have been payable under this Contract.

8.7 On termination of this Contract and services we will remove all materials held on our systems and remove all your system privileges.

8.9 Subject to our sole discretion after termination, if we agree that you may once again be reconnected to the service, any reconnection will be subject to an administration charge of £50 together with any outstanding charges payable prior to the reconnection.
We have no obligation to provided any of the data removed from our systems.

9. TERMINATION OF THE CONTRACT BY YOU

9.1 You can terminate this Contract:

9.1.1 at any time within the first 30 days of the Commencement Date subject to the exclusions listed within our 30 day money back guarantee and receive a full refund, less any Domain Name registration charges or charges for additional services not included as a part of one of our standard hosting plans;

9.1.2 at any time after the first 30 days of the Commencement Date however unless notice under condition 10.2 is received prior to the next Renewal Date this Contract shall automatically renew for the period covered by the issued renewal notice and no refund will be payable to you and you will remain liable for all charges to the end of the Contract period as defined in condition 3.

9.2 You must notify us of termination by delivering to our contact address a completed account cancellation notice which can be obtained from us on request or by completing an online cancellation form within your Customer Account or send an email to cancelations@hipposerve.co.uk.

10. REFUNDS

10.1 On receipt of a valid cancellation notice, we may, at our sole discretion, refund unused time paid.

10.2 A cancellation notice must be received prior to the relevant Renewal Date in order for a cancellation to be effective and processed prior to a renewal payment being taken.11.3 Where at our sole discretion we choose to accept a late cancellation notice an administration charge may be applied to any refund issued with the sole exception of refunds issued in line with our 30 day money back guarantee, in which case no fees are payable.

11. FORCE MAJEURE

11.1 We are not liable for any breach of this Contract if the breach was caused by an act of God, insurrection or civil disorder, war or military operations, terrorism, national or local emergency, protests, riot, civil commotion, acts of omissions of government, highway authority or other competent authority, our compliance with any statutory obligation, industrial disputes of any kind (whether or not involving our employees), fire, lightning, explosion, flood, subsidence, weather of exceptional severity, acts of omission of persons whom we are not responsible (including in particular other telecommunication service providers), or any other cause whether similar or dissimilar outside our reasonable control provided that, if the event in question continues for a continuous period in excess of 90 days, you shall be entitled to give notice in writing to us to terminate the Contract.

12. PROPER LAW

This Contract is to be treated as made in England and Wales according to English and Welsh Law and subject to the jurisdiction of the English and Welsh Courts.

13. LIMITATION ON ASSIGNMENT

13.1 You must not assign the benefit of this Contract in whole or in part.

13.2 We reserve the right to assign the benefit of this Contract by giving prior written notice of any assignment to you.

13.3 Except with our prior written consent the Service shall not be used by or on behalf of any person other than you or a third party specified on the application form and no condition shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act.

Specific Packages T&C’s

This Section Outlines the T&C’s for specific packages not covered in our standard hosting operations.

1. Hippo Care Silver

Renewal

The services provided are renewed automatically. If you do not wish to renew your service, you can cancel at any time in the customer portal.

Encrypted Backup

Our backups are all encrypted for your security before being remotely stored on Amazon’s AWS secure storage.

Full backups are taken nightly and retained for 30 days. In addition, a backup is taken prior to any site update being made. These backups are also retained for 30 days.

Should and issue arise with your website, and you wish to restore it to an earlier point, contact our emergency team at support@hipposerve.co.uk or phone us on 0330 043 1502, and one of our technicians will be on hand to support you.

The backup service and is based on reasonable use. Where the total 30-day backup set exceeds 10 GB, you may be asked to pay an additional fee of £1.99 per additional 10 GB per month.

If you wish to increase the backup retention period, this can be completed for an additional fee of £1.99 per addition 10 days, per month.

All prices quoted exclude VAT @ 20%

2. Hippo Care Gold

Renewal

The services provided are renewed automatically. If you do not wish to renew your service, you can cancel at any time in the customer portal.

Encrypted Backup

Our backups are all encrypted for your security before being remotely stored on Amazon’s AWS secure storage.

Full backups are taken nightly and retained for 30 days. In addition, a backup is taken prior to any site update being made. These backups are also retained for 30 days.

Should and issue arise with your website, and you wish to restore it to an earlier point, contact our emergency team at support@hipposerve.co.uk or phone us on 0330 043 1502, and one of our technicians will be on hand to support you.

The backup service and is based on reasonable use. Where the total 30-day backup set exceeds 10 GB, you may be asked to pay an additional fee of £1.99 per additional 10 GB per month.

If you wish to increase the backup retention period, this can be completed for an additional fee of £1.99 per addition 10 days, per month.

Content Update Service

Our Hippo Care – Managed Website Gold Subscription includes up to 4 content updates per month. Each month is defined as a calendar month. If the 4 updates are not used within this period, they can not be rolled over into subsequent calendar months.

For the purposes of this service, Hipposerve defines a content update as:

• A blog post, including images
• Updating existing text or images
• Adding text or images to existing pages
• Updating or adding to other elements within the website.

A content update does not include any additional design work, addition of web pages, updates to the menu or site structure, addition of plugins and set up of additional services. These services can be provided at our standard website development rate of £59 per hour, billable in 15 minute increments.

Additional updates, above and beyond the 4 included updates, can be provided at our standard website development rate of £59 per hour, billable in 15 minute increments.

Hipposerve does not provide copy (text or images), which should be provided by the customer. When you wish to make an update, you should notify us at support@hipposerve.co.uk. and provide all the copy required.

Hipposerve makes every effort to proofread the copy for spelling and grammatical errors, but the responsibility for the final check lies with the customer. Hipposerve can accept no responsibility for losses incurred, due to errors in any published update.

All prices quoted exclude VAT @ 20%

2. Hippo Care Platinum

Renewal

The services provided are renewed automatically. If you do not wish to renew your service, you can cancel at any time in the customer portal.

Encrypted Backup

Our backups are all encrypted for your security before being remotely stored on Amazon’s AWS secure storage.

Full backups are taken nightly and retained for 30 days. In addition, a backup is taken prior to any site update being made. These backups are also retained for 30 days.

Should and issue arise with your website, and you wish to restore it to an earlier point, contact our emergency team at support@hipposerve.co.uk or phone us on 0330 043 1502, and one of our technicians will be on hand to support you.

The backup service and is based on reasonable use. Where the total 30-day backup set exceeds 10 GB, you may be asked to pay an additional fee of £1.99 per additional 10 GB per month.

If you wish to increase the backup retention period, this can be completed for an additional fee of £1.99 per addition 10 days, per month.

Content Update Service

Our Hippo Care – Managed Website Platinum Subscription includes up to 6 content updates per month. Each month is defined as a calendar month. If the 6 updates are not used within this period, they can not be rolled over into subsequent calendar months.

For the purposes of this service, Hipposerve defines a content update as:

• A blog post, including images
• Updating existing text or images
• Adding text or images to existing pages
• Updating or adding to other elements within the website.

Ecommerce Update Service

Our Hippo Care – Managed Website Platinum Subscription also includes updates to your ecommerce platform.

For the purposes of this service, Hipposerve defines a content update as:

• Adding new products to your platform (6 per month)
• Updating product images or descriptions (6 per month)
• Updating product prices (10 per month)
• Providing transaction or sales reports. (1 per month)

A content update does not include any additional design work, addition of web pages, updates to the menu or site structure, addition of plugins and set up of additional services. These services can be provided at our standard website development rate of £59 per hour, billable in 15 minute increments.

Additional updates, above and beyond the 6 included updates, can be provided at our standard website development rate of £59 per hour, billable in 15 minute increments.

Hipposerve does not provide copy (text or images), which should be provided by the customer. When you wish to make an update, you should notify us at support@hipposerve.co.uk. and provide all the copy required.

Hipposerve makes every effort to proofread the copy for spelling and grammatical errors, but the responsibility for the final check lies with the customer. Hipposerve can accept no responsibility for losses incurred, due to errors in any published update.

All prices quoted exclude VAT @ 20%