Terms & Conditions

1. General, services, liabilities, indemnities, legal

These Terms and Conditions form part of the full Terms and Conditions of services

This section shall apply to all Agreements and services and should be read alongside and provisions for applicable services.

General

1. Both Parties shall enter this Agreement with the utmost good faith and intentions, and shall not attempt to Circumvent these Terms and Conditions.
2. We enter this Agreement as a business and you may be a business or a Consumer.
3. The Agreement constitutes the entire Agreement between the parties and supersedes all previous Agreements, understanding or representations (written or oral) between the parties in relation to its subject-matter.
4. Both Parties acknowledge that in entering into this Agreement it has not relied on any statement, representation, understanding, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement, however nothing in the Agreement or its terms shall limit or exclude liability for Fraud, whether the Fraud was committed before, during or after the Agreement was executed.
5. Any documents or forms that are not expressly stated as forming part of this Agreement are for convenience and administrative purposes only and shall not affect, replace or supersede any provision of this Agreement.
6. The Agreement does not create any agency, representative, partnership, fiduciary or employment relationship.
7. We may amend this Agreement at any time –
   1. to comply with Laws, regulations, codes or standards.
   2. to comply with an order from a court of Law.
   3. to correct any errors.
   4. to update following the introduction of new products or services.
   5. to update to take into account evolving technologies.
   6. when considered necessary or appropriate to remain commercially competitive and viable.
8. Where these Terms and conditions are amended, we shall provide notice by email and publish a notice on the BetterWebSpace website not less than 30 days before the changes take effect. Where you do not consent to any amendment you are free to terminate the Agreement without charge or penalty, but you will be liable for any charges incurred up to the date of termination.
9. Where you do not terminate this Agreement before the date the changes take effect you are deemed to have accepted the changes unless express consent is specifically required or requested. Where you do not provide express consent when it is required or requested before the date the changes take effect the Agreement shall terminate and services will no longer be provided.

The Services

1. Your choice of services and package(s) is at your sole discretion and in accordance with your own assessment and determination of your needs and requirements.
2. From time to time security checks are performed and new customers may be telephoned prior to any service commencing.
3. Subject to paragraph 11 the services shall commence immediately upon execution of this agreement and shall end when Terminated in accordance with Section 2.
4. Upon commencement of the services we shall use our reasonable endeavours to assist with the transfer of your domain name where appropriate; however assistance with the transfer of Hosting Material is subject to additional charges which will be provided upon request.
5. You warrant, represent and undertake that you shall only use our services for lawful purposes. We reserve the right to, but are not obliged to monitor your activities and Hosting Materials to ensure compliance with these Terms and Conditions and our policies.
6. You may upgrade or downgrade your package at any time during your billing period and any unused portion of the charges for the existing billing period shall be offset against the upgraded services, or if downgrading any credit shall be offset against future renewals of your services.
7. It shall be your sole responsibility to keep any identification, password or any other confidential information relating to and accessing your account secure and secret. You shall inform us immediately of any known or suspected unauthorised use, disclosure, theft or loss of your password or other security information.
8. You must keep your account details up to date and the account holder must inform us of any changes through our client portal or via email, an administration fee may be applicable to change the account holders details.
9. We will use every reasonable endeavour to ensure the integrity and security of the Server and you shall not attempt to circumvent or interfere with our security software, however we cannot guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability whatsoever for non-receipt or misrouting of files, data or email. You are encouraged to provide your own additional security software but the compatibility and updating of that software is your sole responsibility.
10. We will make all reasonable endeavours to maintain continuous access to your website, the Hosted Materials and our services, however the operation and availability of the website and services may be interrupted or interfered with, and we cannot give any warranties or guarantees nor shall we be liable in contract, law or tort, including negligence for loss or damages in respect of your inability to access the website, our services or any damaged/corrupt data.
11. It is necessary for us to update and upgrade the underlying server software from time to time, to maintain security and keep up with technological advances. This may result in Downtime and we are not able to guarantee that upgrades or updates are compatible with any third party scripts, code or software that you upload or install, you acknowledge and accept that it is your sole responsibility to keep any third party scripts, code or software is always updated to the latest version and compatible. You shall hold us harmless and fully indemnify us against any claims for losses or damages in contract, law or tort, including negligence resulting downtime or compatibility issues
12. We recommend you arrange and maintain adequate insurance cover in respect of any loss or corruption of, or damage to, any data stored using the Services.
13. At no time shall title and ownership of the servers and any ancillary hardware or equipment used in providing the services be transferred to you.
14. Both parties warrant that they shall immediately serve notice upon the other, advising of any occurrence or development which has, or may have a material impact on their ability to perform their contractual or legal obligations.
15. Any notices necessary or required under the provisions of this agreement shall be served by hand or by way of recorded delivery mail or courier service or electronic mail.
16. Notices shall be deemed to have been served immediately if by hand, upon signing if by recorded delivery or courier, or 1 hour after sending an electronic mail if the electronic mail has not been returned undelivered.

Liabilities and indemnities

1. You accept that if the following limitations on our liabilities were not provided it would increase the costs of the services as we would need to reflect the increased risks, costs and liabilities, therefore it is agreed that the limitations on liability form part of the consideration for providing the services.
2. You expressly understand, acknowledge and agree that, to the fullest extent permitted by Law, we, or any parent or subsidiary company, and our employees, affiliates, partners, advisors, consultants or representatives shall not be liable, and you fully indemnify from claims of direct or indirect damages, including but not limited to incidental, special, consequential, exemplary or punitive damages, costs, expenses, loss of profits, goodwill, data or damage to equipment or furniture, whether such claims are under statute, equity or tort (including but not limited to negligence) as a result you using our services.
3. If you are dissatisfied with any aspect of the services that our customer support cannot resolve then your sole and exclusive remedy is the discontinuation of your use of the services and the ability to cancel the services we provide at any time without penalty.
4. Notwithstanding any provisions herein or any liabilities that cannot be excluded in Law our total liability to you shall never exceed the total amount you have paid to us in fees and charges.
5. Nothing in this contract shall exclude liability for fraud or death / personal injury resulting from negligence.
6. Neither party shall be held in breach of this agreement, or held liable in damages for any event, delay or default resulting from Force Majeure event (A force of nature or ‘Act of God’) or conditions which do not arise as a result of a breach of a duty of care or negligence, including but not limited to adverse weather, war, strikes, fires, floods, governmental restrictions, power failures, failure of suppliers, sub-contractors or carriers, interruptions to the flow of data over the internet, failure of telecommunications networks or other causes beyond the reasonable control of the party, providing that the party experiencing the difficulty provides prompt written notification.

Law and jurisdiction

1. This Agreement is available in the English language, where it is translated into any other language the English version shall always prevail.
2. All personal data shall be held and processed in accordance with the Data Protection Act 1998 and the Privacy Policy as published on our website.
3. Unless expressly stated a person or company who is not party to the Agreement shall not have any rights, benefits or obligations under this Guarantee or any part of it, under the Contract (Rights of Third Parties) Act 1999.
4. No forbearance, indulgence, relaxing, inaction or delay in either party enforcing performance, its contractual or legal rights shall prejudice, restrict or otherwise adversely affect the rights of that party to enforce its rights at a later date or later breach.
5. If any provision of this agreement is, or shall become invalid or unenforceable in the opinion of a court of Law it shall in no way affect or diminish the remainder of the agreement and it shall remain valid and enforceable to the fullest extent permitted by Law. Both parties shall seek and agree an alternative provision that is valid and enforceable and reflects the intent of the original term.
6. The validity, construction and performance of this agreement shall be governed by the Law and subject to the jurisdiction of the courts of England and Wales.