GENERAL TERMS (these "General Terms")
Terms and Schedules
- Please read these General Terms (and any relevant Schedules, as defined below) carefully as they contain important information about your rights and obligations. We recommend that you keep a copy of these General Terms (and any relevant Schedules) and that you print out these General Terms (and any relevant Schedules) from the Website (as defined below) by clicking on the "Print" icon on your browser so that you can keep them for future reference.
1. ABOUT US AND THESE GENERAL TERMS:
- 1.1 About us: "We", "us" or "our" means JustHostMe Limited, a company registered in England and Wales under company number 06356693 and with registered office at 11 Oatlands, Swindon, Wiltshire, SN5 6AU, United Kingdom.
- 1.2 These General Terms: These General Terms govern your submission of an order to us for our provision of services to you through the www.justhostme.co.uk website (the "Website"), and your registration for an account on the Website by which you will be able to administer those services that you receive. By submitting your details to us for registration for an account on the Website, you agree to be legally bound by these General Terms and the relevant Schedules (as defined below).
- 1.3 The Schedules: Specific terms for our provision of particular services to you are set out here, in the form of Schedules (as defined below). If you submit an order for specific services, you agree to be legally bound by the relevant Schedules (as defined below) as well as these General Terms.
- 1.4 Changes to the Terms and Conditions: We reserve the right to amend the Terms and Conditions (as defined below) at any time. All amendments to the Terms and Conditions will be posted on the Website and emailed to you. If you do not like the changes we make, you can terminate this Agreement – please see Clause 13.2.1 for more information. Continued use of the Services will, however, be deemed to constitute acceptance of the new Terms and Conditions. No other terms or changes to the Terms and Conditions will be binding unless agreed in writing signed by us.
- 1.5 Definitions and interpretation: In this Agreement: 1.5.1 the following terms shall have the following meanings: "Account" has the meaning given to it in Clause 4.1; "Agreement" the legal and binding agreement that is in place, on the basis of these General Terms and the relevant Schedule(s), for us to provide certain services to you once you have submitted to us an Order and we have issued to you an Order Acceptance. If you make more than one Order, each Order shall, if subject to an Order Acceptance, constitute a separate "Agreement"; "Breach of Duty" the breach of any: (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty); "Business Customer" you are a business customer if you enter into the Agreement and you are not a Consumer; "Business Day" any day other than: (i) a Saturday; (ii) a Sunday; or (iii) a day when the clearing banks in the City of London are not physically open for business; "Business Hours" 9.00am to 5.00pm on Business Days; "Confidential Information" any information in any form or medium obtained by or on behalf of either Party from or on behalf of the other Party in relation to this Agreement which is expressly marked as confidential or which a reasonable person would consider to be confidential, whether disclosed or obtained before, on or after the date of this Agreement, together with any reproductions of such information or any part of it; "Consumer" you are a consumer if, in entering into this Agreement, you are an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession; "Data Controller" has the meaning given to it by GDPR; "Data Processor" has the meaning given to it by GDPR; "Data Sharing Appendix" the information appended to, or included in, the Order setting out the nature and the purpose of Processing under this Agreement; "Data Subject" has the meaning given to it by GDPR; "Data Protection Laws" in relation to any Personal Data which is Processed in the performance of this Agreement, the Data Protection Act 1998, EU Data Protection Directive 95 / 46 / EC, the General Data Protection Regulation (EU 2016/679) ("GDPR"), the Investigatory Powers Act 2016, Telecommunications (Lawful Business Practice), the Privacy and Electronic Communications Directive 2002 / 58 / EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003 / 2426), in each case together with all laws implementing or supplementing the same and any other applicable or equivalent data protection or privacy laws, and all other applicable law, regulations and codes of conduct relating to the processing of personal data and privacy, including the guidance and codes of practice issued by a relevant Supervisory Authority; "Fees" the fees payable by you to us for our provision to you of the Services, as set out in each Schedule for each relevant Service, and otherwise on the Website at the time that you submit your Order to us and confirmed in the Order Acceptance; "Intellectual Property Rights" copyright and related rights, trade marks and service marks, trade names and domain names, rights under licences, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, patents, rights to inventions, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world; "Liability" liability in or for breach of contract, Breach of Duty, torts (including negligence and intentional torts), deliberate breach (including deliberate personal repudiatory breach), misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and, for the purposes of this definition, all references to "this Agreement" shall be deemed to include any collateral contract); "Material" material that you upload (or permit to be uploaded) onto our servers as part of our provision of the Services, including any and all materials, works of authorship, software, files, multimedia and audiovisual material, tools, processes, systems, manuals, databases, database structures, a website's "look and feel", content, documents, records, reports, ideas, know-how, information, text, data, diagrams, artwork, screenshots, drawings, plans, descriptions, specifications, images, graphics, domain names and marks (in whatever form and on whatever media); "Order" the order submitted by you through the Website for the receipt of certain services from us; "Order Acceptance" our written communication to you in which we accept your Order in accordance with Clause 5.8; "Order Acknowledgement" our acknowledgement of your Order; "Party" either us or you, and "Parties" shall mean both of us and you; "Personal Data" has the meaning given to it by GDPR, and relates only to personal data, or any part of such personal data, of which you are the Data Controller and in relation to which we are the Data Processor and providing services under this Agreement; "Personal Data Breach" has the meaning given to it by GDPR; "Process" and Processing has the meaning given to it by GDPR; "Schedule" a schedule containing a specific description of particular Services to be provided by us to you; "Services" the services and online products that we provide to you under this Agreement, some of which may be more particularly described in the relevant Schedule(s); "Special Categories of Personal Data" those categories of data listed in Article 9(1) GDPR; "Supervisory Authority" means (a) an independent public authority which is established by a Member State pursuant to Article 51 GDPR; and (b) any similar regulatory authority responsible for the enforcement of Data Protection Laws; "Support Services" has the meaning given to it in Clause 8.1; "Terms and Conditions" these General Terms and the Schedules; and "you" or "your" our customer who registered for an account on the Website to submit an order to us for the receipt of services from us;
- 1.5.2 references to "Clauses" are to clauses of these General Terms;
- 1.5.3 references to "Paragraphs" are to paragraphs in a Schedule;
- 1.5.4 the headings are inserted for convenience only and shall not affect the interpretation or construction of these General Terms or any Schedule;
- 1.5.5 words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include the other gender and the neutral, and references to persons shall include an individual, company, corporation, firm or partnership;
- 1.5.6 reference to "written" or in "writing" includes the electronic form;
- 1.5.7 references to "includes", "including", "in particular" or "for example" or like words shall be deemed to be followed by the words "without limitation"; and
- 1.5.8 references to any statute or statutory provision shall include any subordinate legislation made under it, any provision which it has modified or re-enacted (whether with or without modification) and any provision which subsequently supersedes it or re-enacts it (whether with or without modification).
2. AGE RESTRICTION
- By registering for an Account and submitting an Order, you warrant that you are at least 18 years of age.
- 3.1 Application of these General Terms: These General Terms shall apply to all Orders and to all Agreements. When you submit an Order to us, this shall always constitute your unqualified acceptance of these General Terms and the relevant Schedules. If you are a Consumer, nothing in this Agreement affects your statutory rights.
- 3.2 Any other terms: This Agreement shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing or orally, are expressly waived and excluded.
- 3.4 Authority (if you are a Business Customer): You confirm that you have authority to bind any business on whose behalf you use the Website to submit an Order.
- 3.5 Conflict: In the event of any conflict between the provisions of these General Terms and the provisions of the Schedules and the Order Acceptance, then the following order of precedence shall apply:
- 3.5.1 the Order Acceptance prevails over
- 3.5.2 these General Terms, which prevail over
- 3.5.3 the Schedules.