1.1. What these terms cover. These are the terms and conditions on which SpeedyPage
Ltd (“SpeedyPage”) supply services to you. All terms are effective from the date of your
electronic submission of order.
1.2 Amendment of Terms.
1.2.1 We may update this Agreement and the policies it links to. Except in the cases
listed in clause 1.2.4, we will give you at least 30 days' notice before a material
change takes effect.
1.2.2 We will send notice to the email address on your account and also post it in your
client area at https://my.speedypage.com. The change takes effect on the date set out in
the notice, which will be no sooner than 30 days after we send it.
1.2.3 If you do not want to accept a material change, you can end the contract by
telling us through your client area before it takes effect. We will refund any prepaid
fees for the period after you cancel, worked out day by day. Non-refundable items
(such as domain registrations, renewals and transfers) are excluded, as set out in
clause 10.4.
1.2.4 The 30-day notice in clause 1.2.1 does not apply where the change:
(a) is required by law, by a regulator, or by a decision of a court,
registry (such as Nominet or ICANN), or other competent authority;
(b) is needed urgently to deal with a security threat, prevent abuse
of our services, or meet the requirements of one of our upstream providers; or
(c) is minor and administrative (for example, typos, renumbering,
updated contact details, or fixing broken links) and does not make your position
worse.
We will still let you know about the change as soon as we reasonably can.
1.2.5 If you keep using our services after a change takes effect, we will treat that as
your acceptance. Nothing in this clause reduces your statutory rights as a consumer,
including any right to a refund where a change materially disadvantages you.
1.2.6 Please keep the email address on your account accurate and up to date. Where we
have given notice by both email and your client area as set out in clause 1.2.2, the
notice is effective even if the email does not reach you.
2.1 We are SpeedyPage Ltd, a company registered in England & Wales. You can contact by logging into your
client area at https://my.speedypage.com, where you can raise a support ticket.
2.2 If we have to contact you, we will do so by telephone or by writing to you at the email
address or postal address you provided to us at the time of placing your order.
3.1 Placing an order on our website does not guarantee acceptance of your order. Our
acceptance of your order will take place after your order is placed at the point you receive
confirmation that your order has been fulfilled. At this point a contract will come into
existence between you and us. Payment must be received before any services will be
provided.
3.2 If we are unable to accept or fulfil your order, we will inform you of this and refund
any money you have paid to us. Examples of when we will not be able to fulfil your order
include when your desired domain name is no longer available to register, where the registry
has decided to charge a non-standard price or where the domain transfer you have requested
can no longer be transferred.
3.3 Information and account security.
3.3.1 Information you give us. You warrant that all information you provide when
setting up or using your account is true, accurate and complete. You must keep this
information up to date.
3.3.2 What you must do. You must take reasonable steps to keep your account secure. In
particular, you must:
(a) keep your login credentials confidential and not share them with
anyone outside your organisation;
(b) use a unique password for your SpeedyPage account that you do
not use on any other service;
(c) enable multi-factor authentication where we make it available;
and
(d) tell us as soon as you suspect or become aware of any
unauthorised access to your account or any other security incident affecting your
account.
3.3.3 Your responsibility. You are responsible for activity on your account that is
caused by your failure to take the steps in clause 3.3.2 or by other unreasonable
conduct on your part. You are not responsible for activity that occurs despite you
having taken reasonable security measures.
3.3.4 What we will do. If you tell us about suspected unauthorised access:
(a) we will lock your account as soon as reasonably practicable to
prevent further unauthorised activity;
(b) we will investigate the incident and work with you to identify
what happened;
(c) we will restore your access once we are satisfied you are the
legitimate account holder; and
(d) where the incident involves personal data you process using our
services, we will also follow clause 8 of our Data Processing Addendum at
https://speedypage.com/dpa.
4.1 We do not guarantee the availability of a specific domain name you wish to register (Domain). Your chosen Domain will be registered or transferred under your name, not under SpeedyPage. You can manage the WHOIS data for your Domain through your client portal on my.speedypage.com. It's essential for you to keep this data accurate. If your contact information isn't updated and verifiable, your Domain might be deactivated. From time to time we may move your Domain to a different registrar in our network. Where the rules of the relevant registry or ICANN's Inter-Registrar Transfer Policy require us to notify you, or to obtain your authorisation through a Form of Authorization (FOA), we will do so. Otherwise the change will not affect your domain name's functionality.
4.2 For relevant gTLDs, we'll serve as your Designated Agent, consistent with ICANN's Transfer Policy. This means when there's a request to modify registrant contact information linked to a Domain, we have your permission to approve any alterations.
4.3 Our service extends only to forwarding your requests to the registry. You must ensure the domain gets registered, renewed, or transferred accordingly. We're not accountable for any lapses in registration or transfer.
4.4 Registering a domain is bound by third-party terms, including the regulations set by the domain's respective registry. By sending your order to us, you affirm your commitment to follow ICANN's guidelines, as well as those of any pertinent registry. If you breach these terms or our Agreement, you'll be held accountable.
4.5 We aim to auto-renew your Domain when due, unless you indicate otherwise as per clause 4.1 or adjust the Domain settings in your dashboard. Domains without a valid payment method or those with pending payments won't be renewed. We cannot be held responsible in instances where auto-renewal does not occur.
4.6 Typically, renewals match the original registration duration, unless you specify otherwise. Renewals are priced according to the current rates, and payment may be drawn up to a week before the renewal date to ensure timeliness.
4.7 Domain ownership is determined by the details in the Whois database. If these details aren't conclusive, we may seek additional evidence. It's up to you to settle any third-party ownership disputes. We can decline transfer requests if we believe necessary permissions are lacking.
4.8 Transferring a domain requires actions on your part, such as adjusting the Nominet IPS tag, unlocking the domain, providing authorization codes, and approving transfer requests. If you wish to abort a transfer, inform us and refer to our refund policy.
4.9 Be aware that transferring some domain extensions might incur an additional year's charge. Certain domains have term limits, possibly obstructing transfers that would exceed these limits. Transfers are initiated only after full payment is received.
4.10 Domains not renewed by their expiration are deemed expired and will no longer function. They expire if payment isn't possible through the provided means or if set to expire without manual renewal before the due date.
4.11 Post-expiry, domains might undergo a grace or redemption phase. In such cases, we may, within three days post-expiry, renew or redirect the Domain at our discretion. Some registries don't offer these periods, rendering domains irretrievable post-expiry.
4.12 If the Domain's registry allows a grace period (e.g., 30 days), you can approach us for Domain retrieval and renewal within this window, provided payment is settled. Once paid, we'll restore Domain access swiftly.
4.13 Post-Grace Period, we reserve the right to:
4.13.1 Auction the Domain;
4.13.2 Modify the contact details; or
4.13.3 Transfer the Domain.
4.14 If we don't receive the renewal fee during the Grace Period, our Agreement for that Domain ends, and we won't be liable. If a domain's registry permits a Redemption Period and you wish to renew post-Grace Period, you'll bear both the redemption and renewal costs. Renewal during this period isn't guaranteed.
4.15 Familiarize yourself with and adhere to the relevant domain name registration terms, which are subject to change: nominet.uk for .uk domains and icann.org for others like .com, .net, .org, etc. If you're an agency reselling .uk domains, your clients must also follow Nominet's terms.
Nominet's Terms & Conditions: media.nominet.uk/wp-content/uploads/2020/04/Terms-and-Conditions-of-Domain-Name-Registration-24-04-2020-v1.pdf
Rules of Registration by Nominet: media.nominet.uk/wp-content/uploads/2018/05/22141819/dotUK-Rules-of-Registration.pdf
Nominet's Dispute Resolution Policies: nominet.uk/uk-domains/policies (under "Dispute Resolution Service")
5.1 Free Domain Offer.
Some of our hosting packages may include a free domain registration or transfer. This
applies to a limited number of domain extensions and may vary from time to time. We may
allow or disallow a free registration or transfer at our discretion. All other extensions
are excluded from this offer and will incur additional costs. Any reduction in fees for
customers who wish to order using a different extension must be agreed in advance by us. The
registration period is one year. Future renewals of these domains will incur our regular
renewal rate. If a refund is issued under our money-back guarantee, we reserve the right to
charge the full price of the domain, or cancel the domain entirely.
5.2 Unless explicitly stated to the contrary our services are intended to be used for the
purposes of hosting websites and email. Batch processing, video encoding/transcoding,
webcrawling/spidering, archiving and online backup systems and any system for purposes other
than hosting a website are not permitted on our shared hosting servers. We
reserve the right to take proactive action to maintain the stability of our systems for all
clients.
5.3 Any 'unlimited' allowances are subject to fair use and any customer using an amount of
monthly bandwidth or disk space deemed excessive in comparison to the average usage by other
customers on our platform may, at our discretion, be forced to improve website efficiency,
or upgrade to a more suitable plan.
5.4 If we feel that the service selected or purchased by you does not meet your service
needs we will inform you of this and advise you of the appropriate service for your needs.
We are under no obligation to continue to provide hosting services that are inadequate or
unsuitable for your needs. Refusal to cooperate with an account move request may result in
account suspension and/or termination.
5.5 We offer a free migration service to help move your website from your previous provider
to ourselves. This is a best-effort service. You acknowledge that you are the party most
familiar with your website and we cannot know the intricacies of all the websites we host.
We will take reasonable care to move your site files and data but it is your responsibility
to give us suitable access to retrieve the data and to check that the site has been migrated
successfully. We aim to migrate websites within 72 hours, though we do not guarantee any
particular time frame for the migration. In some cases we may be able to migrate emails, dns
records and domain names also, but we do not warrant that we can move them successfully, or
without interruption.
5.6 Changes to your hosting environment. We may change the hosting environment your
website runs in. These changes are made on a "like for like" basis and will not affect
your use of the hosting environment, except where the change is an upgrade.
5.7 When and why we may make changes.
5.7.1 We may make a change to your hosting environment to:
(a) reflect changes in relevant laws and regulatory requirements;
(b) implement minor technical adjustments or improvements (for
example, to address a security threat); or
(c) change the server location or upstream provider. We offer a
choice of locations and providers at the time you order. If your preferred location is
no longer available, has changed, or has been shut down, we may move you to an
equivalent location or provider.
5.7.2 Notice. For any material change to your hosting environment, we will give you at
least 30 days' notice by email and through your client area, except where:
(a) the change is required by law, regulation, or a binding decision
of a court, regulator, or other competent authority;
(b) the change is needed urgently to address a security threat or to
comply with the policies of an upstream provider; or
(c) the change is minor and does not adversely affect your use of
the service.
5.7.3 Your right to end the service. If you do not wish to accept a material change to
your hosting environment, you may end the affected service by writing to us before the
change takes effect. We will refund any prepaid fees for the period after termination
on a pro-rata, calendar-day basis (excluding non-refundable items as set out in clause
10.4).
5.8 You must agree to the terms of our upstream providers with emphasis on their terms of
export law (e.g. software used should be licenced in the US for Vultr). We have attempted to
incorporate all of their relevant terms into this agreement.
5.9 CDN and Bandwidth Usage.
Our CDN service is provided on a fair-usage basis, we at any time reserve the right to cease
providing this product on any plan, or charge an additional charge based on usage. We do not permit the use of our CDN on assets hosted ourside of SpeedyPage, unless otherwise specified. We reserve the right to revoke said permission if granted under any circumstance.
5.10 We make no guarantee to defend your website from a denial of service attack unless that
service has been specifically offered and agreed. If you think you may be a DDOS target you
should purchase a DDOS mitigation service from a third party such as Cloudflare.
5.11 Service availability.
5.11.1 Uptime target. We aim for 99.9% service availability in each calendar month,
measured per service.
5.11.2 How we measure uptime. We measure availability based on whether the service is
reachable from outside our network. Brief intermittent issues that do not affect access
to the service do not count as downtime.
5.11.3 Exclusions. The uptime target does not apply to downtime caused by:
(a) maintenance we have announced in advance through our status page
at status.speedypage.com (we will email you if any single maintenance window is
expected to last more than 30 minutes);
(b) events outside our reasonable control, including upstream
provider outages, denial-of-service attacks (see clause 5.10), internet routing
failures, and other force majeure events;
(c) anything caused by you or your software, including
misconfiguration, exceeding your plan limits, application bugs in software you have
installed, or errors in DNS records you control; or
(d) suspension of your service under clause 6.4.
5.11.4 Service credits if we miss the target. If availability in a calendar month
falls below 99.9% for a service:
(a) we will credit 10% of that service's monthly fee for each 0.1
percentage point of availability missed below the target;
(b) credits are capped at 100% of the affected service's monthly
fee;
(c) credits are applied to your next invoice and may be set off
against future fees;
(d) credits cannot be exchanged for cash; and
(e) service credits under this clause 5.11 are your exclusive remedy
for service unavailability and count towards the cap in clause 15.2.
5.11.5 How to claim. To claim a service credit, open a support ticket through your
client area within 30 days of the end of the affected month, and include the dates and
times you believe the service was unavailable. We will review our monitoring data and
respond within 14 days.
5.11.6 Response time. If you raise a critical issue through a P1 support ticket or our
status page incident channel, we aim to have a qualified engineer responding to the
issue within 30 minutes of being notified. "Responding" means an engineer is assigned
and working the issue, not that the issue is necessarily resolved. If we cannot
resolve a critical issue within 30 minutes, we will tell you what the problem is, what
we are doing, and our best estimate of when it will be resolved. Notification may be
by email, through your client area, or through our public status page.
5.12 Backups. We take backups of your websites and store them offsite, in the same
region as your live server by default. Backups may be stored in a country different
from your live server's country within the same region; where this involves a
cross-border transfer of personal data, we use the transfer mechanisms set out in
clause 7 of our Data Processing Addendum at https://speedypage.com/dpa. If you have
specific data residency requirements, contact us before placing your order so we can
arrange a suitable plan.
We may exclude files we consider non-fundamental to the operation of your website (for
example, error logs, cPanel backups, and cache files). Backups are a best-effort
service and we do not warrant that they are complete or regular. You are responsible
for keeping your own backups of your website. The frequency of stored backups depends
on your plan; details are published on our plan pages and in our documentation.
5.13 We are not responsible for disruption to the services outside our control. We endeavour
to choose providers that offer an extremely high level of performance and uptime but if our
supply of the services is disrupted by an event outside our control then we will contact you
as soon as possible to let you know and we will take steps to minimize the effect of the
disruption. This may be via our status page at status.speedypage.com. We will not be liable
for disruption caused by the event. We will not be responsible for network or hardware
issues upstream of us. E.g. if Vultr have an issue we will not be responsible for their
problems or include this within our SLA uptime calculation.
6.1 The costs of the services will be as displayed to you on our website.
6.2 We will supply the services to you until the subscription expires or you end the
contract as described in Clause 7 or we end the contract by written notice to you as
described in Clause 9.
6.3 We will need certain information from you so that we can supply the services to you as
stated in the sign-up section for the services on our website. We may contact you to ask
for further information or to check the information you have provided to us. If you do not
give us this information within a reasonable time of us asking for it, or if you give us
incomplete or incorrect information, we may either end the contract or make an additional
charge of a reasonable sum to compensate us for any extra work that is required as a
result.We will not be responsible for any delay in supplying the services or not supplying
any part of them if this is caused by you not giving us the information we need within a
reasonable time of us asking for it.
6.4 Reasons we may suspend or disable the supply of services to you.
We may have to suspend the supply of a service to:
6.4.1 deal with technical problems or make minor technical changes;
6.4.2 update the product to reflect changes in relevant laws and regulatory
requirements;
6.4.3 make changes to the product as requested by you or notified by us to you;
6.4.4 when required by law;
6.4.5 where we believe that you are in breach of any material term of this
Agreement;
6.4.6 to resolve any third-party claims or actions;
6.4.7 to avoid a serious risk of financial loss or legal liability
to us or to third parties, where the risk cannot reasonably be
mitigated in a less restrictive way; or
6.4.8 where your account is found to contain illegal content or to be
used for any illegal activity.
6.5 Your rights if we suspend the supply of services. We will contact you in
advance to tell you we will be suspending supply of the services, unless the
problem is urgent or an emergency. If we suspend the services for longer than 24
hours in any 7-day period for a reason that is not your fault, we will adjust the
price so that you do not pay for products while they are suspended. You may
contact us to end the contract for a service if we suspend it (or tell you we are
going to suspend it) for a period of more than 120 hours, and we will refund any
sums you have paid in advance for the period after you end the contract, except
where the suspension is because of your breach of this Agreement. 6.6 We may also suspend supply of the service
if you do not pay. If you do not pay us for the products when you are supposed to (see
Clause 14.4), we may suspend the supply of the services until you have paid us the
outstanding amounts. We will contact you to tell you we are suspending supply of the
services. As well as suspending the services we can also charge you interest on your
overdue payments. Once payment has been made in accordance with these terms, we will use
reasonable endeavours to ensure that the service is restored to you within 24 hours.
6.7 What happens to your data during suspension. While your service is
suspended:
(a) we may not retain a live copy of your data or
website on production systems;
(b) backups may persist for up to 30 days from the
date the live data is removed, in line with clause 10.3 of our Data
Processing Addendum, but we do not guarantee they will be available
for restoration during a suspension; and
(c) your website IP address may change when service
is restored.
We will not be responsible for the cost of keeping your service running
if you fail to pay your invoices.
7.1 Customers are responsible for all scripts, data and other objects on their accounts.
Abusive scripts are scripts which interfere with our systems and/or the accounts of other
customers, cause harm to any other computer system or user, or engage in any type of
fraudulent activity. Any account found to be the source of abusive scripts will be
immediately suspended and investigated, and subject to action as detailed under Illegal
Content below. We will, where necessary, fully cooperate with the authorities.
7.2 You agree to refrain from uploading to your hosting service, sending or receiving any
materials which may be deemed to be offensive,abusive, indecent, defamatory, obscene,
menacing or otherwise as prohibited by current and future statutes in force in England and
Wales, in the server location where you have chosen to host your site,or in the jurisdiction
of the network provider who provides the underlying network infrastructure (see clause 5.8).
It is the user's sole responsibility to ensure this. Storage, distribution of or
transmission of illegal materials may lead to investigation and possible prosecution by the
relevant authorities.
In particular you:
7.2.1 must not gain or attempt to gain unauthorised access to any computer systems for any
purpose.Such action may lead to criminal prosecution under the Computer Misuse Act;
7.2.2 must not send data to the internet using forged addresses or data which is
deliberately designed to adversely affect remote machines (including but not limited to denial
of service (DDoS), worms and viruses, trojans and ping storms);
7.2.3 must ensure that local PCs and network connected servers are not configured to allow
open relay and must not participate in the sending of unsolicited bulk email (commonly
referred to as 'spam','UBE','UCE' );
7.2.4 are prohibited from running 'port scanning' or other software intended to probe, scan,
test the vulnerability of or access remote systems or networks except in circumstances where
the remote user has given express permission for this to be done. We may ask for evidence of
such permission;
7.2.5 must take all reasonable steps to ensure that your password and login credentials
remain confidential;
7.3 You agree to refrain from sending or receiving any material which may be in breach of
copyright(including Intellectual Property Rights), confidence, privacy or other rights. If
you are in any doubt as to the legality of what you are doing, or propose to do, you should
take independent legal advice.
7.4 Open proxy servers are not permitted under any circumstances and will result in
immediate termination of service.
7.5 Sites must not contain 'hateful' material or content which seeks to incite hate.
7.6 Sites must not contain images, videos, depictions or descriptions of pornography which
is unlawful or which is deemed to be distasteful at our sole discretion.
7.7 Sites must not contain 'warez', copyrighted music/videos or links to such content. It is
your sole responsibility of the user to ensure that they have the rights to distribute any
content displayed on their website.
7.8 Sites must conform to recognised international copyright law.
7.9 Registration of domain names. You are responsible for ensuring that the registration of
a domain name and the manner in which it is to be used, either directly or indirectly; will
not infringe any third party rights, including third party intellectual property rights; is
not being made in bad faith or could otherwise be considered to be an abusive registration
under the dispute resolution procedures or policies of any relevant registry or of ICANN;
and will at no time be used for an unlawful purpose whatsoever. You accept and consent to us
making your registration details in relation to your Domain available to third parties
including ICANN and the applicable registry for the Domain as applicable including to law
enforcement and governmental bodies as required by law.
7.10 You agree that on transferring ownership of a registered Domain to another person or
registering a Domain on behalf of another person (the "Transferee") you will confirm and
prove that the Transferee agrees in writing to be bound by the terms of this Agreement at
our request.
7.11 We will not transfer ownership of a Domain until all Fees attributable to the services
associated with the account, which are due have been paid by you to us.
7.12 In the event that we receive a complaint in regards to trademark / brand infringement,
we have the right to place a Domain on hold. We shall take this action if in receipt of a
decision from a Domain Dispute Resolution and/or a settlement agreement between the parties
concerned. Any renewal payments must be paid to us by you.
7.13 In the event of receiving documentation which matches the WHOIS details, we reserve the
right to lock the domain and place a registrar hold on it. We shall not move the Domain from
this status until we are satisfied that the dispute has been resolved between the parties
concerned, with documentation provided to us proving the same.
7.14 We undertake to take any action required under the provisions of the Regulation of
Investigatory Powers Act and will fully cooperate with the appropriate UK
authorities
8.1 We provide the ability to send e-mail using SMTP. This is designed for day-to-day
communication needs. All outbound mail is scanned by a cloud-based spam filtering
system.
8.2 We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail
is prohibited at all times. Customers who abuse the email service will be notified that
their behavior is unacceptable and may have their accounts suspended, terminated or
blocked.
8.3 By purchasing the services you agree to the following:
8.3.1 not to send emails that might cause annoyance, inconvenience or anxiety to a
recipient;
8.3.2 not to send any emails likely to cause distress or any material which is offensive,
indecent,obscene, menacing or in any way unlawful;
8.3.3 to have a clear opt out policy in all newsletter communications;
8.3.4 not to use our mail services or network to send email to any user who does not wish to
receive it;
8.3.5 not to use our mail services or network to send unsolicited email, in bulk (commonly
known as'spam') or individually;
8.3.6 not to use our mail services or network with intent to deprive others of service
('mail bomb');
8.3.7 not to use false mail headers or alter the headers of mail messages in such a way as
to conceal the identity of the sender;
8.3.8 not to use any email address that you are not authorised to use;
8.3.9 to ensure that any email servers connected to our network and operated by you are not
configured to allow 'open relay';
8.3.10 to take full responsibility for your own email reputation;
8.3.11 not to take any action that would put you or us in breach of obligations under
the UK GDPR, the EU GDPR (where applicable), or the Data Protection Act 2018.
9.1 Web usage includes the use of web space provided with client accounts, web hosting on our
servers and the use of web services and space on dedicated servers. We do not monitor
content on any web space maintained by customers (whether shared served space or dedicated
services). We bear no responsibility for the content of your website.
9.2 It is your sole responsibility to ensure that the content and materials on any website
owned or operated by you contains material that you have created or have permission to
use.
9.3 Your indemnity.
9.3.1 Scope (business users). If you use our services for any commercial, business or
re-sale purpose, you agree to indemnify us against any costs, damages, or losses we
suffer (including reasonable legal costs) because of a third-party claim arising
from:
(a) your content, including any claim that it infringes intellectual
property rights, is defamatory, or breaches privacy or data protection law;
(b) your use of the services in breach of our Acceptable Use Policy;
or
(c) any other breach of these terms or applicable law by you.
9.3.2 Scope (consumers). If you are a consumer, you only indemnify us for costs,
damages, or losses caused by your negligence, bad faith, or breach of our Acceptable
Use Policy.
9.3.3 How indemnity claims are handled. If we become aware of a claim that may be
covered by this clause:
(a) we will tell you about it promptly;
(b) we may control the defence and any settlement of the claim;
(c) you will give us reasonable cooperation and information at your
own cost; and
(d) we will not settle a claim in a way that requires you to admit
fault or pay money without your consent (which you will not unreasonably
withhold).
9.3.4 Your disputes with third parties. It is your responsibility to deal with any
dispute between you and a third party about your content or use of the services. We
are not obliged to mediate, take sides, or take down content unless required by law or
by these terms.
9.4 You must not use your website or web service to promote or distribute any material or
content that is illegal (under any current or future legislation) in either the UK or any
other jurisdiction in which your website or web service is operational. You should be aware
that the internet is a global communications network and what may be legal in the UK may be
illegal elsewhere and leave you liable to prosecution in another country.
9.5 Legal adult content as defined by UK law is allowed on our servers however you must
inform us in advance of placing any order with us as we will host your site on a separate IP
to prevent any SEO implications for other clients.
9.6 If you are not located in the UK and intend to upload adult content of any type onto
your website or web service you must contact us prior to placing any order. We reserve the
right to decline to offer our services at our absolute discretion.
9.7 We reserve the right to undertake investigation of content services if potential abuse
is brought to our attention and to remove any web page on our servers at any time and for
any reason. Any accounts found to be abusive, contain illegal content or otherwise break our
terms of service will be liable for immediate termination.
10.1 Ending your contract with us.
You may terminate your contract with us by cancelling the service in advance of the renewal
date (by 11.59pm GMT on the day before renewal is due) through the client area at
https://my.speedypage.com. You may also raise a support ticket with us up to 24 hours before
renewal.
10.2 Refunds of prepaid months.
We offer a low-cost service, with significant discounts available for prepayments.
Subject to clauses 10.4 and 10.7, if you cancel before your service end date you will
not be entitled to a refund of monies paid.
10.3 If the services you have paid for are faulty or misdescribed you may have a legal right
to end the contract or to get the service re-performed or to get some or all of your money
back. You must inform us in writing of the reasons why you say that the services are either
faulty or misdescribed. We will respond to any complaint within 28 days of receipt and
inform you whether a refund will be administered.
10.4 Money-back guarantee and pro-rata refunds.
10.4.1 30-day money-back guarantee on Web Hosting. If you cancel your Web Hosting plan
within 30 days of opening your SpeedyPage account, we will refund what you have paid,
less any payment processing fees we incur and any items that are non-refundable (see
clause 10.4.4). This applies only to the first service ordered on your account, and to
one Web Hosting plan per customer.
10.4.2 Pro-rata refund on other services in the first month. For our other services
(WordPress Hosting, VPS, Virtual Servers and CDN), if you cancel within 30 days of
opening your account, we will refund the unused part of your first month, worked out
day by day. This applies only to the first such service ordered on your account.
10.4.3 Where these refunds are available. The refunds in clauses 10.4.1 and 10.4.2 are
offered to customers in the United Kingdom, the European Economic Area, and the United
States. If you are outside these regions, your statutory rights under any law that
applies to your contract with us are not affected.
10.4.4 Items that are never refundable. Domain registration, renewal and transfer fees
are paid to third-party registries and cannot be refunded. We will tell you on the
order page if any other item is non-refundable.
10.4.5 After the first month. We do not offer goodwill refunds after the first 30 days.
If you cancel before the end of a fixed term, you will not get a refund for prepaid
time you do not use (see clause 10.2). This does not affect your right to a refund for
a faulty service (clause 10.4.6) or your statutory cooling-off rights (clause
10.4.7).
10.4.6 If the service is faulty. If the service is faulty or not as described, you may
be entitled to a repair, re-performance or refund under the Consumer Rights Act 2015 or
any other law that applies. See clause 10.3 for how to raise a complaint.
10.4.7 If you change your mind (cooling-off right). If you are a consumer, you may have
a 14-day cooling-off right under the Consumer Contracts Regulations 2013. Clause 10.7
sets out how this works and when the right is lost.
10.5 Inappropriate or illegal activity. If your account is found to contain illegal
activity, illegal mp3 files, pirated software, hacker programs, warez programs, or any other
illegal files, your account will be suspended immediately. Failure to remove the offending
content will result in your account being terminated and no refunds will apply, including
for the avoidance of doubt, the guarantee referred to in clause 10.4.
10.6 Processing of refunds. Any refund will be processed within 7 working days of
receipt.
10.7 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For
most products bought online if you are a Consumer within the meaning of those regulations
you have a legal right to change your mind within 14 days and receive a refund. You do not
have the right to change your mind in respect of digital products after you have started to
download or stream these; services, once these have been completed, even if the cancellation
period is still running; sealed audio or sealed video recordings or sealed computer
software, once these products are unsealed after you receive them.
10.8 To end the contract with us, please log into my.speedypage.com, view the product, and
then raise a cancellation request. Please fill out the reason for the cancellation. If you
qualify for a refund under the money back guarantee under Clause 10.4 above, please request
this in the cancellation notes.
10.9 Account credit.
10.9.1 What account credit is. Any credit balance on your account (for example, from a
top-up payment or from a service credit we have issued) can be used towards future
service invoices or new orders.
10.9.2 Refund on request. You can ask us to refund all or part of your credit balance
at any time, subject to a minimum refund amount of £10. We will refund the credit:
(a) to the original payment method, where that method still supports
a refund (card refunds are usually only available for a limited period after the
original payment, typically around 6 months depending on the card issuer);
(b) where the original payment method no longer supports a refund,
by bank transfer to a UK or international bank account you nominate (international
transfers may incur a transfer fee which we will deduct from the refund); or
(c) by another method we agree with you.
10.9.3 Refund on account closure. When you close your account, we will refund any
credit balance over £10 in the same way set out in clause 10.9.2. Balances under £10
will be retained.
10.9.4 What we will not refund. We will not refund:
(a) amounts that you owe to us against unpaid invoices (those
amounts will be set off);
(b) promotional or goodwill credits we have applied as part of a
discount or apology rather than as a cash payment from you (we will tell you when we
apply a credit if it is non-refundable); or
(c) credit balances that have been inactive for more than 3 years
(we will email you a reminder at least 30 days before any balance is written off).
10.9.5 How long refunds take. We will process refund requests within 7 working days.
The time it takes for the money to reach you depends on the method: card refunds
typically take 3 to 5 working days, and bank transfers 1 to 3 working days.
11.1 We may end the contract if you break it. We may end the contract
at any time by writing to you if:
11.1.1 you do not make any payment to us when it is due;
11.1.2 you do not, within a reasonable time of us asking for it, provide
us with information that is necessary for us to provide the
services;
11.1.3 you commit a material breach of these terms (including our
Acceptable Use Policy) that you do not remedy within a reasonable period
after we ask you to remedy it;
11.1.4 your account has been suspended under clause 6.4 and the
underlying issue has not been resolved within 30 days; or
11.1.5 your account is found to contain illegal content, or is used for
any illegal activity, as set out in clauses 7, 9 and 10.5.
11.2 You must compensate us if you break the contract. If we end the contract in the
situations set out in clause 11.1, we will refund any money you have paid in advance
for products we have not provided, but we may deduct or charge reasonable compensation
for the net costs we will incur as a result of your breaking the contract.
11.3 We may withdraw the services. We may write to you to let you know that we are going to
stop providing the services. We will let you know at least 30 days in advance of our
stopping the supply of the services and will refund any sums you have paid in advance for
services which will not be provided.
12.1 Effect on services. When this Agreement ends for any reason, your access to the
services will end on the date the Agreement ends.
12.2 Your data. You are responsible for downloading and keeping a copy of your website,
data, and any other content from our services before your access ends. After your
access ends, we are not obliged to keep your data, except as set out in our Data
Processing Addendum at https://speedypage.com/dpa.
12.3 Backups. We may keep backups for up to 30 days after your service ends, in line
with clause 10 of our Data Processing Addendum. After that, backups will be
deleted.
12.4 Outstanding amounts. Any fees you owe us at the time the Agreement ends remain
payable.
12.5 What survives. The following clauses survive the end of this Agreement:
(a) clause 9 (your obligations relating to website content);
(b) clause 9.3 (your indemnity);
(c) clause 15 (our liability to you);
(d) clause 16 (how we use personal data) and our Data Processing
Addendum;
(e) clauses 17.6 and 17.7 (governing law, jurisdiction, complaints);
and
(f) any other clause that by its nature should continue.
13.1 Where to find the price for the service.
The price of the service will be the price indicated on the order pages when you placed your
order. We take all reasonable care to ensure that the price of the service advised to you is
correct. Where VAT is applicable (based on your location and the services you order) it
shall be detailed on the order steps. However please see Clause 10.3 for what happens if we
discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your
order date and the date we supply the service, we will adjust the rate of VAT that you pay,
unless you have already paid for the product in full before the change in the rate of VAT
takes effect.
13.3 Changes in the price. We reserve the right to alter the prices advertised on our
website and fees at any time. We will provide written notice of any changes via email to the
email address provided by you to us when registering your account. In most cases, changing
the price on the website for new customers will not affect the price for existing customers.
If your contract is for a fixed term, the price alteration will take effect at the end of
the current term and at the time of renewal.
13.4 What happens if we got the price wrong? It is always possible that, despite our best
efforts, you are provided with the incorrect price for our service. If the correct price is
less than the stated amount will amend the price and refund any difference to you. If the
service's correct price at your order date is higher than the price stated to you, we will
contact you for your instructions before we accept your order.
13.5 When you must pay and how you must pay. We accept payment by most major credit and
debit cards, direct debit, PayPal, bank transfer and cheque. When you must pay depends on
what product you are buying. You warrant that you are lawfully authorised to make a payment
using the payment card or facility used. In the event that you are not the named cardholder,
you will indemnify us in the event that the cardholder or issuer declines any transaction
for payment, including our costs in recovering the outstanding amount due.
14.1 If a charge back is incorrectly made against your account, we reserve the right to
suspend and/or terminate your account until reimbursed.
14.2 Payment due at time of order. You agree to pay all amounts due for services at the time
you order them. All amounts are non-refundable unless otherwise stated in clause 10
above
14.3 Invoices will be sent in advance of payment due. Invoices will be sent to the email
address provided by you to us when registering your account. You can see your email history
and view all invoices my.speedypage.com
14.4 We can charge interest if you pay late. If you do not make any payment to us by the due
date we may charge interest to you on the overdue amount at the rate of 4% a year above the
base lending rate of the Bank of England from time to time. This interest shall accrue on a
daily basis from the due date until the date of actual payment of the overdue amount,
whether before or after judgment. You must pay us interest together with any overdue
amount.
14.5 What to do if you think an invoice is wrong . If you think an invoice is wrong please
contact us promptly to let us know. You will not have to pay any interest until the dispute
is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced
sums from the original due date.
15.1 We do not limit or exclude any of the following liabilities:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation by us; or
(c) any other liability that cannot be limited or excluded by law
(including, if you are a consumer, your non-waivable statutory rights).
15.2 Subject to clause 15.1, our total liability to you under or in connection with
this Agreement, whether in contract, tort (including negligence), breach of statutory
duty or otherwise, is limited to the fees you have paid us under this Agreement in the
12 months immediately before the event giving rise to the claim.
15.3 Subject to clause 15.1, if you use our services for any commercial, business or
re-sale purpose, we will not be liable to you for any of the following, whether
arising directly or indirectly and whether in contract, tort (including negligence),
breach of statutory duty or otherwise:
(a) loss of profits;
(b) loss of revenue;
(c) loss of business or business interruption;
(d) loss of anticipated savings;
(e) loss of goodwill or reputation;
(f) loss of business opportunity; or
(g) any indirect or consequential loss.
15.4 Where this Agreement provides a specific remedy for a particular event (such as
service credits for downtime), that remedy is your exclusive remedy for that event and
counts towards the cap in clause 15.2.
15.5 You acknowledge that we have set our prices on the basis of the limitations and
exclusions in this clause 15, and that they are reasonable.
16.1 Data about you (controller). We use personal data about you as our customer
(such as your account details, billing information, and support history) as set out in
our Privacy Policy at https://speedypage.com/privacy-policy. For this data, we are the
controller.
16.2 Data you process using our services (processor). When you use our services to
host, store or transmit personal data of other people (for example, your website
visitors, customers or subscribers), we process that data on your behalf as a
processor. The terms that govern that processing are set out in our Data Processing
Addendum at https://speedypage.com/dpa, which forms part of this Agreement.
16.3 Your rights. You have rights under UK GDPR and the Data Protection Act 2018,
including the right to access, correct or delete personal data we hold about you. If
you have a complaint about how we handle your personal data and we cannot resolve it,
you can complain to the Information Commissioner's Office at https://ico.org.uk or on
0303 123 1113. Our ICO registration number is ZB117039.
17.1 We may transfer this agreement to someone else.
17.1.1 When we may transfer. We may transfer our rights and obligations under these
terms to any organisation that acquires our business or a relevant part of it,
including in connection with a sale, merger, restructuring, or insolvency. The new
provider must agree to be bound by terms that are at least as favourable to you as
these terms.
17.1.2 Notice. We will give you at least 30 days' notice of the transfer by email and
through your client area, except where the transfer is required urgently by an
insolvency process.
17.1.3 Your right to end the service. If you do not wish to accept the transfer, you
may end the contract by writing to us before the transfer takes effect. We will refund
any prepaid fees for the period after termination on a pro-rata, calendar-day basis
(excluding non-refundable items as set out in clause 10.4).
17.1.4 Data protection. A transfer under this clause is treated as a sub-processor
change for the purposes of clause 6 of our Data Processing Addendum. If you object to
the transfer on data-protection grounds, the consequences set out in clause 6.2 of the
DPA apply.
17.2 You need our consent to transfer your rights to someone else (except that you can
always transfer our guarantee). You may only transfer your rights or your obligations under
these terms to another person if we agree to this in writing. Transfer requests can be made
via support ticket in my.speedypage.com
17.3 Nobody else has any rights under this contract. This contract is between you and us. No
other person shall have any rights to enforce any of its terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each
of the paragraphs of these terms operates separately. If any court or relevant authority
decides that any of them are unlawful, the remaining paragraphs will remain in full force
and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do
not insist immediately that you do anything you are required to do under these terms, or if
we delay in taking steps against you in respect of your breaking this contract, that will
not mean that you do not have to do those things and it will not prevent us from taking
steps against you at a later date. For example, if you miss a payment and we do not chase
you but we continue to provide the products, we can still require you to make the payment at
a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings.
17.6.1 Default position. These terms are governed by English law. You may bring legal
proceedings in respect of the products in the English courts.
17.6.2 Customers in Scotland or Northern Ireland. If you live in Scotland, you may
also bring legal proceedings in the Scottish courts. If you live in Northern Ireland,
you may also bring legal proceedings in the Northern Irish courts.
17.6.3 Consumers in the EU or EEA. If you are a consumer and you live in the European
Union or the European Economic Area:
(a) you have the benefit of any mandatory consumer protections of
the law of the country where you live, which cannot be excluded or limited by these
terms; and
(b) you may bring legal proceedings against us in the courts of the
country where you live, in addition to the English courts.
17.7 Complaints and dispute resolution.
17.7.1 Raising a complaint. If you have a complaint about our services, please raise a
support ticket through your client area at https://my.speedypage.com so we can try to
resolve it. We will respond within 28 days of receipt.
17.7.2 Data protection complaints. If your complaint is about how we handle personal
data and we have not resolved it to your satisfaction, you can complain to the
Information Commissioner's Office at https://ico.org.uk or on 0303 123 1113.
17.7.3 EU/EEA consumer disputes. If you are a consumer in the EU or EEA, you may also
use alternative dispute resolution services in your country of residence. Your
national consumer protection authority can direct you to the relevant scheme.
17.7.4 Other support. You can get advice from Citizens Advice
(https://www.citizensadvice.org.uk) or your local Trading Standards. Nothing in this
clause prevents you from going to court.
17.8 Your statutory rights as a consumer. If you are a consumer, nothing in these
terms affects your non-waivable statutory rights under UK or EU consumer law,
including your rights under the Consumer Rights Act 2015, the Consumer Contracts
Regulations 2013, and any equivalent law of the country where you live.