Terms and Conditions

This policy is subject to change, so please check regularly for updates.

1.1 Definitions
In these Conditions unless otherwise stated:-
"Act" means the Telecommunications Act 1984;
"Additional Charges" means any charges payable to the Company for services not included in the Specified Service, details of which can be found on the Company's website through http://www.s-hosting.co.uk and which are payable in accordance with Clause 4 and which may vary from time to time;
"Agreement" means any contract for the provision of Services by the Company to the Customer which incorporates these Conditions;
"Amendment Notice" means any notice of variations to the Charges in respect of the Services as may be issued from time to time:
"Company" means Smart Hosting
"Commencement Date" means the date upon which the Company confirms acceptance of the Customer's offer to pay for the Services in accordance with these Conditions;
"Naming Organisation" means Nominet UK (http://www.nic.uk) for .uk and ICANN accredited Registrar (http://www.icann.org) for .com, .net, .org, .info, .biz and .name domains or such other Naming Organisation as the Company may specify to the Customer from time to time;
"ICANN" means Internet Corporation for Assigned Names and Numbers;  
"Intellectual Property Rights" means all or any registered or unregistered intellectual property rights in any part of the world, including but not limited to patents, design rights, copyrights, topographical rights, know-how, rights in inventions and ideas and rights to confidence together with any right to apply for any such intellectual property rights and the benefit of any applications for any such intellectual property rights;
"Order" means a request made by the Customer to the Company for Services to be supplied subject to these Conditions;
"PayPal" means the payment services offered by PayPal (Europe) Ltd.;
"Registration" means an application by the Company acting as agent for the Customer to register domain name(s) with the Naming Organisation;
"Renewal Period" depends on the Services ordered by the Customer.
"Specified Service" means the Service ordered by the Customer.
"Working Day" means a day other than a Saturday or Sunday on which the Clearing Banks in the United Kingdom are open to the public for the transaction of business.

2.1 Warranty
The Company warrants to the Customer that the Services will be provided using reasonable care and skill but at all times this will be subject to downtime caused by routine or emergency maintenance by the Company or occasioned by third parties. The Company will not be liable to the Customer or any third party for any losses whatsoever caused by such downtime.

The Company does not accept responsibility nor does it make any warranty that the domain names(s) requested by the Customer will be accepted for registration in the register of the Naming Organisation nor will it be liable for any costs of the Customer incurred if the application for Registration is unsuccessful. The Company does not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by the Customer.
The Company reserves the right to suspend or cancel any application for Registration or refuse to host a domain name(s) in the circumstances set out in Clause 11.1 of this Agreement.
The Company agrees that for the Duration Period of this Agreement and in consideration of the payment of the Charges by the Customer it will renew the registration of domain name(s), Hosting fees, Additional services for the Renewal Period.
You acknowledge and agree that Smart Hosting or its agents, assignees or licensees may, upon registration of your domain name, associate any data of any kind, in Smart Hosting's sole discretion, with the Domain Name registered in association with Your Web Site or any URL incorporating said Domain Name until you replace such data with the Web Site. This paragraph shall apply to any and all web pages generated by Smart Hosting, whether in connection with HTML standard response codes or otherwise, including but not limited to 404 error pages.
The free domain name offered within the services is registered under the company and is not transferrable to another domain registrar until the appropriate registration period has lapsed. This is 2 years for .uk domains and 1 year for .com, .net, .org, .info, .biz and .name domains.

All invoices are payable before the 30th day following the date of the invoice. In the absence of payment after the 30th day a warning shall be issued. In the absence of payment after the 60th day following the date of the invoice the customer’s account will be suspended pending payment. Packages with support will only retain this service for the contractual period. Smart Hosting Ltd shall also be entitled to charge such reasonable costs as it may incur in recovering any overdue balances.
Payment of the Charges can only be made by a valid Credit/Debit Card or through Pay Pal and the Customer shall provide details of the same when he makes an Order for the Services. Payments processed by Pay Pal are subject to Pay Pal's terms and conditions of service, and Smart Hosting makes no representations or warranties with respect to those services.  If there are any costs incurred as a result of failure of a payment to be made will be passed on to the customer.
The Company shall be entitled to vary the Charges from time to time with effect from the date specified in the Amendment Notice. The Company shall issue an Amendment Notice no later than 6 weeks prior to the date that any variation of the Charges shall come into force.
Upon receipt of the Amendment Notice the Customer has the right to terminate this Agreement with effect from the date in the Amendment Notice, such notice of termination to be received by the Company no later than 14 days before the date in the Amendment Notice.
The Customer acknowledges that the Charges are exclusive of any telecommunication charges. All telecommunication charges incurred by the Customer in connection with the use of the Services remain solely at all times the responsibility of the Customer. The Company does not accept liability or responsibility for any such charges.
If the Charges are not paid in accordance with the Company's invoice, the Company shall be entitled terminate the service.
Upon termination of this Agreement the Customer shall be bound to pay any outstanding amount of the Charges in respect of the Services received up to and including the date of termination and the Company agrees to refund in full the difference between the Charges for the Services received up to the date of termination and the amount actually received by the Company from the Customer. The customer acknowledges that invoices relating to domain name registrations, and additional traffic are non-refundable.
The volume of included data transfer may be limited, depending on the chosen package. The volume of data transfer is the sum of all transfers resulting from the customers package. Any additional volume of data transfer will be charged at a rate of 5 GBP per Gigabyte.
The Company may modify the prices giving fifteen days notice.

The Customer shall:-

  • Keep full security copies of the Customer's computer programs data base and computer records on a daily basis or more frequently if required by best computing practice.
  • Obtain the consent of individuals whose personal data are to be held on the register of the Naming Organisation and promptly notify the Company of any changes to the Customer's registered details including (but not limited to):- (a) name and address of the Customer; (b) name, postal address, e-mail address, telephone and fax number of the technical contact and administrative contact of the Customer's domain name(s) and in any event provide such information within 15 days of a request for such information from the Company.
  • In order to maintain the data-transfer volume restrictions, check all email accounts in regular intervals and download the email stored therein. The Company may, should the capacity of the Customer's email boxes be exceeded at any time, return all subsequently received emails to the senders without notice to the Customer. Email accounts that have not been used for a period exceeding two (2) months (i.e., the account has not been accessed by the Customer and email has not been downloaded for a period of two month) are subject to suspension by The Company. Upon such suspension, The Company will send a notification to the Customer's primary contact email address, announcing the suspension of the account. Failure to respond to such notice with a request for reinstatement of the account may, at The Company's sole discretion, lead to the termination of the subject account and the email box may be deleted from The Company's servers. In such cases, The Company takes no responsibility for the loss of any data and/or emails still located in such account and the Customer's has no recourse against The Company for any damages resulting from the loss of such data.
  • Notwithstanding Clause 15.2, keep confidential all passwords received from the Company for the purpose of the Services and notify the Company immediately upon becoming aware that a password has become known to an unauthorised third party.
  • Only make use of the Services for a legitimate and lawful purpose.
  • Complete its own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services.
  • Ensure that the Customer's home page created from the Equipment supplied by the Company contains the full name and address of the Customer.
  • Allow the Company to access the Customer's home page to check for any infringements of the Customer's obligations under this Agreement.
  • Ensure that it complies at all times with all relevant laws and obligations including but not limited to any licence under the Act which is applicable to the Customer and all related laws in any territory in which the Customer is situated or in which the Customer's Website may be accessed or made available. The Customer must also obtain any relevant consents and approvals for the installation and use of the Equipment. The Company will have no liability under this Agreement for failure to comply with its obligations in any case where the Customer does not comply with any such relevant laws or obligations or does not obtain such consents or approvals.

The Customer shall NOT:-

  • Send, transmit, make available, copy, retransmit, broadcast or publish (whether directly or indirectly) in whatever form any data, information or contractual rights, material or statement which infringes the Intellectual Property Rights or contractual or statutory rights of any person or legal entity or the laws or statutory regulations relating to defamation, contempt, blasphemy, infringement of privacy or personal data rights and any equivalent or related laws in any territory in which they are or may be accessed or made available.
  • Make use of the Services to send or cause to be sent or forwarded electronic mail without the express or assumed agreement of the respective recipient. This shall include but not be limited to not sending large numbers of electronic mails with the same content which is commonly referred to as "spamming".
  • Use the Services to obtain or offer or permit to be offered for profit or otherwise any material, images, displays or services which are erotic or pornographic including but not limited to any other material, images, displays or services which are offensive, illegal or immoral or which is in breach of any legal obligation.
  • Arrange its home page(s) in a way that leads to a risk of or causes an excessive load on the server provided by the Company in connection with the Services.
  • Exceed the relevant data transfer volume applicable to the Specified Service unless the Customer has agreed with the Company to pay Additional Charges as may vary from time to time for the data transfer volume exceeding the agreed level in the Specified Service.
  • Use the Services in a manner which infringes a third party's copyright or other intellectual property rights of whatsoever nature.
  • Without prejudice to any other rights of the Company arising from this Agreement or otherwise, the Customer will indemnify the Company against all claims, losses, liabilities, expenses, fines and penalties of whatsoever nature made, incurred or imposed as a result of a breach by the Customer of the terms of this clause.

To the extent permitted by law, the Company shall not be liable to the Customer save as expressly provided for in this Agreement and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise to the Customer.
Neither party shall have any liability to the other in respect of any breach of this Agreement for loss of revenue, business, anticipated savings or profits or any loss of use or value of any equipment or for any indirect or consequential loss howsoever arising, save as set out in Clause 7.3, 7.4 and 7.5 below.
Nothing in this Agreement shall make the Company liable in respect of the death or personal injury or fraud resulting from the negligence of the Company, its employees or agents. Customer agrees that it shall defend, indemnify, save and hold Smart Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Smart Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Smart Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Smart Hosting' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Smart Hosting' server.

The Customer will indemnify the Company for all loss of revenue, business profits, costs and expenses arising from any failure by the Customer to use the Services in accordance with this Agreement or failure to return (if required under the terms of this Agreement) the Equipment in good condition and against any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the site by the Customer.
The Company disclaims all liabilities in connection with the following :

  • loss of material uploaded
  • incompatibility of the site with any of the Customer's equipment, software or telecommunications links
  • technical problems including errors or interruptions of the site
  • unsuitability, unreliability or inaccuracy of the site.

Nothing in this Agreement shall prevent the Company from pursuing payment of a debt against the Customer.
Where the Customer accesses this site from locations outside the United Kingdom, the Customer does so on the Customer's own initiative and is responsible for compliance with local laws.

The Company shall have the right to terminate this Agreement without reason upon giving 14 days email notice to the Customer and termination shall occur at the expiry of the notice period. The Customer shall have the right to terminate this Agreement any time giving written notice to the Company. Termination shall occur at the reception time of the notice.
Termination or expiry of this Agreement for whatever reason shall not prejudice or affect any right of action or remedy which shall have occurred or shall accrue thereafter to either of the parties.
Should the customer not receive email confirmation of their termination within 14 days of their request date the customer is responsible for contacting the company to ensure the termination has been received.

The Company shall be entitled to suspend such access to the Services as it deems necessary by the Customer or any third party to all or any party of the Services if the Customer is in breach of any of the Clauses
In the case of Clause 5.2.4 the Company's right to suspend access to the Services in accordance with Clause 8.1 also applies if the Customer reaches the relevant data transfer volume but does not exceed it.
If access to the Services is suspended as a result of downtime caused by routine or emergency maintenance to the Customer the Services shall be reconnected as quickly as practicable after.
The Company does not give any warranties in connection with the provision of goods supplied by a third party for the provision of the Services but shall, if applicable, assign to the Customer the benefit of any licence, warranty, guarantee or indemnity given by the third party supplying any Equipment to the Company.

All Intellectual Property Rights of the Company in any Equipment and ancillary documentation shall at all times for the Duration Period of this Agreement remain vested in the Company.

The Company expressly points out to the Customer that by entering into this Agreement the Customer acknowledges and agrees that once the Customer's unencrypted data passes onto the Internet, it is not secure and is open to unscrupulous use. The Company cannot accept responsibility or liability for any data or information that becomes available by such means against the wishes of the Customer and the Company recommends the use of encryption for transfer of sensitive data or information.
The Customer accepts that the Company will put its name on its mailing list for receipt of product information and other advertising material from the Company unless it informs the Company in writing that it does not wish to receive such material.
The Customer accepts that the register of the Naming Organisation will include the Customer's name and address, administrative partner and technical partner and other details relating to them. This information (if it refers to individuals) is personal data for the purposes of the Data Protection Act 1984. The Customer accepts that the Naming Organisation may allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the domain name(s) or any other related purpose.
Please note that whilst your email is primarily used for billing purposes, Smart Hosting reserves the right to email you information about enhancements to our systems and product offerings. You can unsubscribe from marketing communications within your Smart Hosting control panel. We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and delivery address to third parties that Smart Hosting may use for the purposes of delivering specific services to you (e.g. customer support).

The Company shall not be liable for any failure in performing its obligations under this Agreement due to circumstances beyond its reasonable control.

12.1 Obligation to Insure
The Customer shall take out and maintain at its own cost insurance against all risks relating to any packages or services provided.

Neither this Agreement or any rights or obligations hereunder may be assigned or transferred or sub-contracted by the Customer in part or in whole to a third party, without the prior consent of the Company such consent not to be unreasonably withheld. The Company may on providing notice to the Customer assign this Agreement in part or in whole to any third party.

Nothing in this Agreement shall be taken as granting any rights expressly or impliedly whether contractual or statutory to persons other than the Company and the Customer, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

The following information is provided to Customers in compliance with EU Directive No. 2000/31/EC (the e-Commerce Directive):
The following are the steps to be taken by the Customer to place an order using the Company's site. Orders may only be placed in English. Orders will be acknowledged via email within 24 hours from placing the order. The order steps are:
1. Select the desired package
2. Enter address details and customer details as requested.
3. Miscellaneous: enter password
4. Finalise/Confirm order / review everything / proceed to PayPal to complete.
N.B. Cheque Payment: This option is only available to business customers who pay annually for their Smart Hosting account. Smart Hosting cannot guarantee that a service will be provided until after any received cheques have been cleared.
The Customer may contact the Company by calling 01977 685797 or by writing to us at Smart Hosting, Low Street, South Milford, Leeds. LS25 5AT

Each party shall treat as confidential all information received by it from the other party relating to the other party's business, customers, strategies and plans, and such information may only be used for the purpose of this Agreement and may only be disclosed in strict confidence to its professional advisers or any person to whom disclosure is required by law, to its employees or subcontractors where reasonably necessary for the purposes envisaged by this Agreement, and where otherwise specifically permitted by this Agreement.

Smart Hosting reserves the right to refuse service and/or access to its servers and/or services to anyone.
Smart Hosting does not allow any of the following content to be stored on its servers:
Adult material - includes all pornography, erotic images, or otherwise lewd or obscene content.
Excessive download content or non-linked content.
Refusal of service based on content matching either of these two criteria is entirely at the discretion of Smart Hosting.
Smart Hosting reserves the right to move your data to a different server with no previous notice.

All accounts are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. Customers may however resell all of our services with our Reseller package. Smart Hosting reserve the right to suspend access to the API facilities of the Reseller account if a customer's use is deemed to be affecting the platform. Access will be reinstated pending investigation and appropriate fixes to any conflicts.

Smart Hosting will not be responsible for any damages your business may suffer. Smart Hosting makes no warranties of any kind, expressed or implied for services we provide. Smart Hosting does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Smart Hosting cannot guarantee to be able to replace lost data. Smart Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Smart Hosting and its employees. Smart Hosting reserves the right to revise its policies at any time.

Smart Hosting reserves the right to suspend or cancel a customer's access to any or all services provided by Smart Hosting, where Smart Hosting decides that the account has been inappropriately used. Smart Hosting reserves the right to refuse service and/or access to its servers to anyone.
Scripts on the site must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed.
Smart Hosting will disable any domain that fails to adhere to the following criteria as soon as we are made aware:

  • The primary purpose of any site must be to provide web-based content to viewers. Files on the site must be linked to the web site.
  • The primary purpose of any script must be to produce a web page. Scripts that send a single email based upon user entered information, or update a database are acceptable. Scripts that send bulk email or perform processor intensive database processes are not allowed. All outgoing mail is monitored and filtered and must be sent to or from a Smart Hosting-hosted domain.
  • Sites must not contain Warez, copyright or other illegal material. The onus is on you the customer to prove that you own the rights to publish material, not for Smart Hosting to prove that you do not.
  • Sites must not contain pornographic or other lewd material. Adult Material includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Smart Hosting.
  • Sites must not use excessive amounts of server resources. These include bandwidth, processor utilization and / or disk space. Please see the 'High Resource Use Policy' in the General Terms and Conditions.
  • Sites must not contain scripts that attempt to access privileged server resources, or other sites on the same server.

If Smart Hosting identify a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate.
Common issues that cause problems are:

  • Where a mailbox receives large volumes of undeliverable email.
  • Where mailboxes have forwarders set to other mailboxes where mail cannot be delivered.
  • Where mailboxes have forwarders and/or auto-responders that generate circular mail loops.

You may not use Smart Hosting email services for any of the following:

  • To send messages or communications, which are unsolicited, offensive, abusive, indecent or obscene.
  • To send messages causing annoyance, inconvenience or anxiety to another user of the Internet.
  • To send messages for the purpose of Fraud and /or with the intention of committing a criminal offence.

To prevent the sending of bulk unsolicited mail, SMTP traffic to and from a server will be blocked in the following scenarios:

  • Where we identify a server that has an open mail relay.
  • Where a significant volume of mail is sent from a domain in a defined timescale.
  • Where we have received significant volumes of complaints concerning unsolicited mail originating from a Smart Hosting hosted domain.

To prevent Smart Hosting' IP Addresses being blocked by IP Address blocking, a domain held on Smart Hosting servers may be disabled, where we have received significant volumes of complaints concerning unsolicited mail originating from or unsolicited email being sent to promote sites.
It is the mailbox owner's responsibility to keep his/her password confidential, and to change the password on a regular basis. Smart Hosting is not responsible for any data losses or security issues due to stolen passwords. Smart Hosting recommends that you use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. "12345", "password", etc.).
To guarantee optimal performance on the servers, it is necessary for Smart Hosting to perform routine maintenance. Such maintenance often requires taking Smart Hosting Exchange servers off-line, typically performed during off-peak hours. Smart Hosting will give you advance notice of maintenance requiring the servers to be taken off-line whenever possible.
Smart Hosting makes every reasonable effort to ensure mailbox security at all times. We do this through a combination of various network security policies, load balancing and redundant systems. We make every reasonable effort to ensure the integrity of data on our systems. On the rare occasions where there may be a problem with specific mailbox data, it is the mailbox owners responsibility notify to us. We cannot guarantee to restore data and we accept no liability for the loss of any such data.
Mail box disk space is the same as account disc space, unlimited means it will be equal to the account disc space
Smart Hosting installs anti-virus software on its Mail servers. This software is configured to check all messages coming in to and leaving the Mail server. Messages sent between mailboxes on the server are not scanned. If a virus is detected, the message is deleted. No notification is sent to either recipient or sender of the message.
Smart Hosting runs anti-SPAM software on its Mail servers.
All data created or stored by you within Smart Hosting' applications and servers are your property. Smart Hosting shall allow access to such data by only authorized Smart Hosting personnel. Smart Hosting makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder's server space or within applications on Smart Hosting' servers.
Customers are responsible for backing up their email before upgrading or removing mailboxes.
If Smart Hosting identify a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate.
It is the mailbox owner's responsibility to ensure his/her received email is retrieved and saved locally where necessary to ensure that important correspondence is not lost.

Please note: by signing up for any of our services you agree to be bound by all Smart Hosting terms and conditions.