PLEASE READ THESE TERMS CAREFULLY
1.1 In this Agreement (except where the context otherwise requires) the words and expressions set out below shall have the following meanings:
Agreement means the Hayman Web Hosting Terms and Conditions, the General Terms and Conditions and this Hayman Web Hosting Service Agreement
Appointees means any third party Hayman may appoint from time to time to act on its behalf.
Bank means bank, building society or other financial institution (at which you have an account) from which you wish to pay for the Services by direct debit.
Content means all information and material capable of being represented on a computer or Internet website including without limitation code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages and files.
Distance Selling Regulations means the Consumer Protection (Distance Selling) Regulations 2000.
Effective Date means the date when Hayman confirms acceptance of your offer to pay for the Service.
General Terms and Conditions means the terms and conditions which from time to time may be found at http://www.Hayman.Biz.
Hosting means provision of storage space for private home pages and WAP pages as well as any ancillary administrative functions to be provided by Hayman as more precisely described on the Hayman Website which description can be amended and/or updated by Hayman from time to time. A host computer is often referred to as a server. This service is available to the Internet 24 hours a day, 7 days a week to process requests and return information.
Initial Term means the term (which shall be a minimum of one year) of the Package you have selected as detailed in the description of that Package, commencing from and including the Effective Date.
Hayman means Richard Hayman.
Hayman Website means the Internet website [www.RichardHayman.com or www.Hayman.Biz].
Option means a variation of the features included in your Package including but not limited to variations in the capacity of data transfer and the amount of disk space.
Order Date means the date you place your order with Hayman for the Service.
Package means a certain group of services offered by Hayman including but not limited to providing an Internet domain name, Hosting and Content.
Renewal Term means the term of one year.
Service means the Hayman Web Hosting Service which is owned and operated by Ric Hayman.
Set-Up Fee means the one-off set-up fee to be paid for the Service at the beginning of the Initial Term and each Renewal Term.
Upgrade means a Package offering more functionality in the same category than the Package originally chosen.
Hayman Web Hosting and Services Terms and Conditions means the terms and conditions which from time to time may be found at http://www.Hayman.BIZ.
Website means the Internet website provided to you by Hayman under the Agreement.
you means the Customer entering into the Agreement with Hayman, and your shall be construed accordingly.
1.2 In this Agreement, unless the context otherwise requires:
1.2.1 references to Clauses and Sub-clauses are to the clauses and sub-clauses in these Terms and Conditions, as may be amended in accordance with this Agreement;
1.2.2 the Clause or other headings are for convenience only and shall not affect the interpretation of this Agreement;
1.2.3 words implying the singular include the plural and vice versa and words implying a gender include every gender; and
1.2.4 references to a person include an individual, firm, company, corporation, unincorporated body of people, or any agency
of the above.
2 Supply of Service
2.1 You agree that the terms of this Agreement are binding on you from the Order Date. You agree that Hayman may start to provide the Service from the Order Date. You agree that your placing of an order is an offer by you which Hayman is free to accept or reject in its sole discretion.
2.2 Hayman shall supply the Service to you as soon as reasonably practicable and in any event no later than 30 days beginning with the date Hayman receives your full payment for the Service (the Period for Performance).
2.3 Hayman shall inform you of any delay in the delivery of the Service as soon as reasonably practicable. If Hayman is unable to supply the Service within the Period for Performance, Hayman shall provide you with a full refund of the fees for the Service. Hayman will pay any such refund to you as soon as is possible and in any event within a period of 30 days beginning with the day following the day the Period for Performance expired.
2.4 Subject to the terms of the Agreement, Hayman will at its sole discretion provide you with access to on-line resources and will provide hosting of Internet websites and hosting of domain name(s) and registration of domain name(s) as well as providing you with access to certain software to facilitate your use of the Service.
3 Amendment of terms
3.1 Hayman may update and change the Agreement (which includes the General Terms and Conditions and the Hayman Web Hosting and Services Terms and Conditions) from time to time at its sole discretion in order to fulfil any regulation or law now in force or enacted in the future. You agree that any such revision or change will be binding and effective 30 days after the posting of the revised Agreement. You agree that your continued use of the Service after any such modifications to the Agreement become effective indicates your agreement to these modifications. You acknowledge that if you do not agree to any such modifications, you may terminate this Agreement in accordance with its terms.
3.2 You undertake to always review the most recent version of the Hayman Web Hosting Terms and Conditions and the General Terms and Conditions at the URLs where these can be found.
4 Description of the Service
A description of the different Packages and Options available to you under the Service can be found at [http://www.RichardHayman.com].
5.1 Except insofar as is prohibited by law, Hayman excludes all express or implied warranties including without limitation any warranties as to fitness for purpose and any express or implied warranties that might arise from a course of dealing, usage or trade practice.
5.2 Hayman warrants to you that the Service will be provided using reasonable care and skill but that at all times this may be subject to downtime caused by routine or emergency maintenance by Hayman or downtime occasioned by third parties.
5.3 For the avoidance of doubt, nothing in the Agreement obliges Hayman to list or link to your domain name or Website or provide website hosting services in connection with your domain name or Website beyond those provided within the Service. You agree and acknowledge that the registration of your chosen domain name does not confer immunity on you from objection by any other party to either the registration or use of your domain name.
5.4 You agree and acknowledge that:
(a) your Website may be subject to interventions by a non-authorised third party, and as a consequence may be corrupted;
(b) that any information placed on the Internet is not protected against copying, possible diversions and possible viruses;
(c) that any third party is able to create a link giving access to your Website without your agreement.
5.5 You warrant that you:
(a) have all necessary power and authority to enter into this Agreement; and
(b) (in the case of individuals) are over 18 years of age.
6 Limitation of liability
6.1 Nothing in this Agreement shall exclude or limit the liability of Hayman for:
(a) death or personal injury resulting from its negligence or the negligence of any of its servants or agents;
(b) fraudulent misrepresentation; or
(c) any other liability which is prohibited from being excluded by law.
6.2 Subject always to Clause 6.1, you acknowledge and agree that Hayman will have no liability whatsoever under this Agreement, including without limitation any liability to you or any third party for:
(a) any losses whatsoever caused by downtime to the Service; or
(b) any damage of any type suffered as a result of the loss of confidentiality of information stored on the Internet.
You agree to fully indemnify and hold harmless Hayman from any claims, liabilities and expenses (including without limitation
legal expenses) arising as a result of or in connection with this Agreement and the provision of the Service to you.
By using the Hayman Web Sites you agree to indemnify Hayman and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Hayman Web Sites, your use of the Products and Services, or your submission of ideas and/or related materials to Hayman or from any person's use of any account or password you maintain with any portion of the Hayman Web Sites, regardless of whether such use is authorized by you. By using the Hayman Web Sites, using the Products and Services, or submitting any ideas and/or related materials to Hayman, you are hereby agreeing to release Hayman and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Hayman. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
8.1 All websites and other materials submitted to Hayman by you in connection with the Service must comply with the requirements and limitations set out in the Hayman Web Hosting Terms and Conditions.
8.2 Hayman reserves the right to refuse to host or continue to host any Website or any Content:
(a) which Hayman believes, in its sole discretion, offers for sale goods or services or uses or displays materials that are illegal, defamatory, obscene, vulgar, offensive, dangerous, menacing or are otherwise inappropriate;
(b) in connection with which it has received complaints;
(c) has become the subject of a government complaint or investigation; or
(d) which Hayman believes, in its sole discretion, violates or threatens to violate the letter or spirit of this Agreement.
8.3 Hayman and its Appointees have the right (but not the obligation) in their sole discretion to refuse or to remove any Content that is available via the Service. Without prejudice to the foregoing, Hayman and its Appointees shall have the right to remove any Content which violates any of Hayman' terms and conditions from time to time in force or which is otherwise objectionable in Hayman' sole discretion.
8.4 Hayman reserves the right to impose limits on the amount of storage space available to you on Hayman' computers, to vary any such limits and to delete or refuse to accept material which exceeds such limits.
8.5 You agree that you will not use any products or services of Hayman in violation of any of Hayman' terms and conditions governing their use from time to time in force.
8.6 Notwithstanding the provision "No Resale of Service" under the General Terms and Conditions, you may use the Service for certain limited commercial purposes. However, in doing so, you expressly agree that:
(a) you are responsible for all goods and services offered all materials used or displayed and all acts or omissions that occur in connection with the Website or your account or password;
(b) you will display on the Website contact information, including at a minimum:
- (i) if you are an individual, your first name, last name and address; and
- (ii) if you are a company, the company's name, registered office, company number, telephone number, fax number, e-mail address and the name of the publication manager and the managing director;
(c) you agree to keep such information complete, accurate and up-to-date;
(d) you may not resell, assign or transfer your rights or obligations under the Agreement;
(e) you may not use the Service in a manner that principally provides hosting, storage, or other similar resources to third parties; and
(f) you represent and warrant that you have the full power and authority under all relevant laws and regulations to offer and sell the goods and services offered, including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods or services offered.
9 Your obligations
9.1 In order to use the Service, you must obtain access to the Internet (either directly or through devices that access web-based content) and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet including without limitation a computer and modem or other access device.
9.2 You acknowledge that all fees for the Service are exclusive of any telecommunication fees. All telecommunication fees incurred by you in connection with the use of the Service remain solely and at all times your responsibility.
9.3 You agree to pay the fees as set out in greater detail in Clause 16 of this Agreement.
9.4 You agree to comply with all other obligations contained in this Agreement.
10 Collection of personal data
10.1 Notwithstanding the restriction on storing and collecting personal data about other users; You may collect and store the personal data of visitors to your Website. However, in doing so you, expressly agree that:
(a) you will inform all visitors to your Website that you are collecting such information and clearly disclose all the uses you will make of such information;
(b) you will use such information only in a manner consistent with your disclosures, applicable laws and government regulations, including by way of example and without limitation applicable laws and government regulations regarding "spam" and the unsolicited mass distribution of information;
(c) you will provide such visitors with an easily accessible mechanism for "opting-out" of mailings (or other contact) from you;
(d) if any such visitor requests or if Hayman requests on behalf of any such visitor that you remove all information relating to such visitor from your databases and other records (whether maintained with Hayman or elsewhere) then you will promptly remove such information from your databases and other records;
(e) you will comply with all other limitations described in the Hayman Web Hosting Terms and Conditions and comply with all applicable law including without limitation the Data Protection Act 1998, Directive 95/46/EC and any data protection regulations applicable in any other territories or countries other than the United Kingdom.
11 Proprietary rights
11.1 Your use of the Service does not give you any rights in relation to any intellectual property rights which belong to Hayman.
11.2 Hayman grants you a non-exclusive non-transferable royalty-free licence to use any software which forms part of the Service for the duration of this Agreement.
11.3 You grant Hayman a world-wide royalty-free non-exclusive licence for the duration of this Agreement to:
(a) reproduce, display, distribute and promote your Website and your Content on Hayman' Internet websites; and
(b) do all other such acts as may be necessary by Hayman to provide the Service.
11.4 You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
11.5 You acknowledge and agree that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated.
12 Moving an existing domain name to Hayman
12.1 If you have registered your domain name with another provider, you can use that domain name under the Service. However, you must request that the original registrar change the nameservers for the domain name, as Hayman may designated to the registrar on your behalf.
12.2 If you choose to use a domain name under the Service that you have already registered with another provider, the fees payable to Hayman for the Service will not include the registration fees payable by you to that other provider. You will be solely responsible for all ongoing fees for that domain name with that other provider (including renewal fees).
13 Restrictions on domain names
13.1 You agree that if you license the use of your domain name to a third party you will remain responsible for complying with this Agreement and you accept liability for any harm caused to Hayman by such licensee's wrongful use of Hayman' domain name registration services.
13.2 All domain name registrations must be in a paid status to be transferred, deleted, modified, or for you to otherwise request Hayman to alter the domain name record or to provide a domain name-related Service. Domain name registrations in an unpaid status are routinely deleted on a regular basis.
13.3 Hayman does not guarantee the security of your domain name registration records and you agree to assume all risks should the security option you select be compromised as a result of fraudulent, unauthorised or illegal activity.
14 Data protection
14.1 You agree that you have read, understood and consented to Hayman' data protection policy located at http://RichardHayman.com/terms Section VI and agree that Hayman will not disclose your details to third parties unless you have given your consent to Hayman
14.2 Subject to the requirements of Hayman' Privacy Statement (available at http://RichardHayman.com/privacy.default.aspx and incorporated herein by reference) you hereby grant to Hayman the right to disclose to third parties through an interactive publicly accessible registration database or Who Is database the following information in order for Hayman to comply with the current rules and policies for the domain name system:
(a) the domain name(s) registered by you;
(b) your full name and postal address;
(c) the name(s), postal address(es), e-mail address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for your domain name(s);
(d) the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s);
(e) the corresponding names of those nameservers;
(f) the original creation date of the registration; and
(g) the expiration date of the registration.
14.3 On behalf of all accredited domain name registrars Hayman is also required to make the information in Clause 02 available
in bulk form to third parties who agree not to use it to:
(a) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via telephone, facsimile, or e-mail ("spam"); or
(b) enable high volume, automated, electronic processes that apply to Hayman' systems to register domain names.
14.4 You warrant that all of your personal data and contact details are accurate and complete and warrant to keep this data up to date. You agree that Hayman may send notices or other information to you at your address or e-mail address. Subject to this Agreement Hayman will not pass your data to other companies without your express prior written consent.
14.5 If you breach this Agreement Hayman may take such steps as it considers appropriate and proportionate to investigate and resolve any relevant matters. Without limitation, you hereby authorise Hayman to use your personal data and other information relating to your use of the Service in connection with any such investigation including disclosing it to any third party whom Hayman considers has a legitimate interest in any such investigation or its outcome.
14.6 You may be subject to a credit reference check. You hereby authorise Hayman to disclose any information you provide to a licensed credit reference agency (which will retain a record of the credit check).
15.1 Unless terminated earlier in accordance with its terms this Agreement will commence on the Effective Date for the Initial Term after which it may be [automatically] renewed for successive Renewal Terms.
15.2 Any renewal of the Service with Hayman is subject to all relevant terms and conditions as may be imposed by Hayman including without limitation successful completion of any applicable authentication procedure and payment of all applicable Service fees at the time of renewal and in the case of domain name re-registration, the domain name registry's acceptance of your domain name registration.
16.1 In consideration for the Service, you agree to pay Hayman the applicable fees as set out on the Hayman Website at http://www.RichardHayman.com and at the time of your selection of the particular Package or (if applicable) upon receipt of your invoice from Hayman. Hayman reserves the right to alter its fees and will provide you with prior notice if such alterations will affect you.
16.2 You must pay the Set-Up Fee and charges for the period relevant to the Package you have selected prior to Hayman providing the Service. You agree to pay for the Service twelve months in advance. Hayman reserves the right to charge fees monthly.
16.3 Failure to pay for the Service will result in access or use the Service being denied. This includes accounts which are in arrears and there will be no exceptions to this.
16.4 Payment of all fees must be by cheque, bank transfer, a valid credit or debit card or by direct debit and you must provide your credit/debit card or Bank details when you order any Service or additional Option or Upgrade. You are solely responsible for such credit card debit card or bank information which you provide to Hayman and must promptly inform Hayman of any changes thereto. You are solely responsible for ensuring the Service is renewed. Hayman shall have no liability to you or any third party in connection with any failure to renew or errors in renewing the Service.
16.5 All fees for the Service will automatically be debited from your credit/debit card or Bank account. A Set-Up Fee (if applicable) will become payable on the relevant Effective Date for the applicable Service.
16.6 All fees exclude VAT. Should Hayman be registered for VAT, you agree to pay all value added, sales and other taxes (other than taxes based on Hayman' income) related to the Service or payments made by you hereunder.
16.7 While using the Service you may purchase additional Options which may be available in respect of your Package or you may purchase an Upgrade. Hayman reserves the right to charge you an additional sum for such additional Options or Upgrades in accordance with Hayman tarifs webhosting.RichardHayman.com.
16.8 If you choose an Upgrade, you will be liable to pay to Hayman:
(a) all fees in respect of the prior Package until the end of the month in which the Upgrade is selected;
(b) monthly fees in respect of the Upgrade for 12 months (such fees to start at the beginning of the month following the date the Upgrade is selected and end 12 months later); and
(c) a fee for changing from the prior Package to the Upgrade.
16.9 All fees for the Service are due and payable immediately in pounds sterling to Hayman and are non-refundable and non-creditable. All sums due and payable which remain unpaid after 30 days will accrue interest as the rate of 1.5% per month above the base rate of British Bank plc or the maximum amount allowed by law, whichever is less.
16.10 Neither Hayman nor you shall be entitled to set off any credit against any amount owed to it by the other under the terms of this Agreement or under any other agreement.
16.11 Unless you have notified Hayman that you do not wish to participate in Hayman' automatic renewal process you agree that if you initially, or in connection with a renewal, paid for the Service by credit card, debit card or direct debit, Hayman is authorised (but not obliged) to automatically take payment from your credit card, debit card or by direct debit and renew the Service on or before its renewal date. You may 'opt out' of Hayman' automatic renewal process in accordance if you wish by submitting your request in writing. If you have opted out of the automatic renewal process Hayman will provide you with at least fifteen (15) days' notice of the renewal date of the Service. Additional payment terms may apply to the Service you purchase.
16.12 If you have questions or concerns relating to your bill for the Service please contact webhosting-support@RichardHayman.com.
17 Distance Selling Regulations
17.1 Under the Distance Selling Regulations you have a right to cancel your order for any Service purchased from Hayman under this Agreement and obtain a full refund, provided that Hayman has not started to provide the Service to you.
17.2 Subject to Clause 18.1, to cancel this Agreement you must e-mail or write to Hayman before the expiry of seven working days beginning with the day following the day on which you place your order for the Service with Hayman, quoting your order number. Hayman shall provide you with a refund as soon as possible and in any case within a period not exceeding 30 days beginning with the day on which you give notice of cancellation.
17.3 For the purposes of the Distance Selling Regulations, Hayman is obliged to provide you with the following information:
(a) the supplier of the Service is Richard Hayman, 184 Sidegate Lane, Ipswich, Suffolk. IP4 4JW;
(b) a description of the Service can be found at Clause 4;
(c) the price for the Service is detailed at Clause 16, together with the arrangements for payment;
(d) the minimum duration of this Agreement is one year;
(e) you may address any complaints or queries about after-sales service to Hayman' address above or to support@RichardHayman.com;
(f) your contractual rights to cancel this Agreement are set out in Clause 18.
18.1 You may terminate the Service at the end of the Initial Term or at the end of each Renewal Term by at least one month's prior notice to Hayman. Such notice shall be made by either mail, registered mail or fax.
Notices to terminate the Service must include:
(a) your account name;
(b) your login and password; and
(c) the reason for cancellation.
18.2 Subject to Clause 17, you will not be entitled to a refund of any fees (including the Set-Up Fee) in the event you terminate the Service.
18.3 You are responsible for all moneys owed on your account from its creation until your termination of the Service is confirmed by Hayman Web Hosting Service.
18.4 Terminating the Service will not terminate any other services you have purchased including without limitation the registration of a domain name, and you will remain responsible for any fees for such services. Transferring a domain name registration away from Hayman Web Hosting will not terminate the Service. You must notify Hayman Web Hosting in accordance with Clause 18.1 if you wish to cancel the Service.
18.5 In the case of your non-payment of fees for the Service (including without limitation you disputing payment of the fees with your credit/debit card issuer or Bank or if your means of payment has been declined) Hayman reserves the right to immediately terminate the Service and remove any of your Content and materials (including your domain name) from Hayman' servers.
18.6 Hayman reserves the right to immediately terminate the Service and remove any of your materials (including without limitation your Content, Website and domain name) from Hayman' servers if Hayman in its sole discretion concludes that you have engaged in illegal activities, in activities or sales that may damage the rights of Hayman or others or have violated or threatened to violate the terms of the Agreement or any other agreement you may have with Hayman.
18.7 Subject to Clause 18.8 any termination of the Service by Hayman under this Agreement will take effect immediately and you will not be entitled to a refund of any fees you have paid to Hayman.
18.8 Hayman may terminate the Service at its discretion and in the absence of any breach of the terms of this Agreement by you, in which case you agree that your sole remedy will be the refund by Hayman to you of a pro-rata amount of the fees (excluding the Set-Up Fee) you have already paid for the Service.
18.9 Upon termination of the Service you shall be bound to pay any outstanding fees in respect of the Service received up to and including the date of termination of the Agreement plus the fees to transfer each domain away from Hayman.
18.10 You agree that Hayman may suspend, cancel or transfer the Service (including without limitation your Website or the domain name registration services) to:
(a) correct mistakes made by Hayman, another sub-contractor or the registry in registering your chosen domain name; or
(b) to resolve a dispute under any of Hayman' terms and conditions from time to time in force.
19 Maintenance and support
You can obtain assistance with technical difficulties that may arise in connection with the Service or your utilisation of software provided in connection with the Service by emailing support@RichardHayman.com. Hayman reserves the right to impose limitations on the extent of such support and the hours at which it is available. Hayman reserves the right to withdraw all support and services in cases where payments on the account are overdue.
20 No waiver
Hayman may at any time strictly enforce the requirements and limitations of this Agreement and Hayman' failure to do so does not in any way waive those requirements or limit Hayman' rights to enforce them.
21 Rights of third parties
The parties do not intend that any term of this Agreement shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement.
22 Entire agreement
This Agreement and the documents referred to in it contain the entire agreement between the parties relating to its subject matter and save in respect of any fraudulent misstatement supersede all prior representations, agreements, arrangements or understandings relating to such subject matter between the parties, whether written or oral. The parties acknowledges that they are not relying on any representation, agreement other than the agreements referred to in this Agreement, term or condition that is not set out in this Agreement.
If any provision or part of this Agreement is held to be invalid, amendments to this Agreement may be made by the addition or deletion of wording as appropriate to remove the invalid part or provision but otherwise retain the provision and the other provisions of this Agreement to the maximum extent permissible under applicable law.
Hayman reserves the right to assign or otherwise transfer any rights or obligations under this Agreement. You are not entitled to assign or otherwise transfer any rights or obligations under this Agreement without the prior written consent of Hayman.
25 Governing law
This Agreement shall be governed by the laws of England and Wales and the parties to this Agreement hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.