You indicate acceptance of these terms and
conditions of service by placing an order with OSHS Ltd.
1.1 In this Agreement the following words and
expressions shall have the following meanings:
1.1.1 "downtime" means any service interruption in
the availability to visitors of the Website;
1.1.2 "intellectual property rights" means patents,
trade marks, design rights, applications for any of the foregoing,
copyright, topography rights, database rights, rights in know-how,
trade or business names and other similar rights or obligations,
whether registrable or not in any country;
1.1.3 "We" means OSHS Ltd.
1.1.4 "IP address" stands for internet protocol
address which is the numeric address for the server;
1.1.5 "ISP" stands for internet service
1.1.6 "server" means the computer server equipment
operated by OSHS Ltd in connection with the provision of the Services;
1.1.7 "the Services" means web hosting, domain name
registration, email and any other services or facilities provided by
1.1.8 "spam" means sending unsolicited and/or bulk
1.1.9 "virus" means a computer programme that copies
itself or is copied to other storage media, including without
limitation magnetic tape cassettes, memory chips, electronic
cartridges, optical discs and magnetic discs, and destroys, alters or
corrupts data, causes damage to the user's files or creates a nuisance
or annoyance to the user and includes without limitation computer
programs commonly referred to as "worms" or "trojan horses";
1.1.10 "visitor" means a third party who has accessed
1.1.11 "Client Portal" means the online customer billing
and support system;
1.1.12 "in writing" means communication via a support
ticket in the Client Portal, or a signed and dated hand-written letter;
1.1.13 "colocated equipment" means any customer equipment
sent into a datacenter where OSHS Ltd offers rack space and server
colocation, including but not limited to physical servers, routers,
switches, firewalls, KVM switches, PDUs, network cables, etc;
1.1.14 "notice period" means the number of days prior to a
service renewal date when an invoice becomes due for payment;
1.2 Product specifications and details may be found
at the various websites operated by OSHS Ltd.
1.3 Words denoting the singular shall include the
plural and vice versa and words denoting any gender shall include all
1.4 The headings of the paragraphs of this Agreement
are inserted for convenience of reference only and are not intended to
be part of or to affect the meaning or interpretation of this Agreement.
2.1 The Customer wishes to provide OSHS Ltd with data
that will be hosted on OSHS Ltd's servers and made accessible via
2.2 OSHS Ltd provides web hosting services and has
agreed to host the Customer's data upon the following terms and
3.1 OSHS Ltd shall provide to the Customer the
Services specified in their order subject to the following terms and
3.2 The Customer shall deliver to OSHS Ltd the
website and the software used in the website which is owned by the
Customer, or licensed to him by a third party or OSHS Ltd ("the
Customer Software), in a format specified by OSHS Ltd.
3.3 The Customer must be at least 18 years of age at
the date of ordering the Service. Any minor must have a parent or
guardian consent to any service contract with OSHS Ltd, and such a
parent or guardian, by agreeing, accepts full financial and legal
responsibility for their entire obligations under these terms and
conditions and agrees to meet all payments due under the contract.
Since OSHS Ltd only accepts payment methods available to adults over 18
years of age, use of any such payment method is consent to these terms
and conditions by the person responsible for the payment method used.
4 CHARGES, PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include PayPal, bank transfers
via BACS and Faster Payments, credit cards (including MasterCard and
Visa), debit cards (including Maestro (Switch), Solo, Visa Electron and
Visa Delta) and standing orders. The customer paying by credit card
expressly agrees to have their credit card account billed by OSHS Ltd
with the charges layed out in the order form and client area. Credit
card details are stored in an encrypted format for recurring billing
unless the customer deletes the credit card details.
4.2 OSHS Ltd does not accept cheques, postal orders,
cash or any other form of payment other than those outlined in 4.1
4.3 The Charges are exclusive of VAT, which if and
when payable shall be paid by the Customer.
4.4 OSHS Ltd shall be entitled to charge a late
payment fee when an invoice becomes overdue. In the event of service
interruption, service will only resume once any overdue invoices and
late payment fees are paid in full.
4.5 OSHS Ltd does not provide credit facilities.
4.6 From time to time OSHS Ltd may make enquiries on
the Customers company, proprietor or directors of the Customers company
with credit reference agencies. These agencies may record that a search
has been made and share this information with other businesses.
4.7 As per the UK's Distance Selling Regulation 2000,
OSHS Ltd provides a money back guarantee on certain products to
non-business entities. This guarantee excludes domain names and SSL
certificates which may not be cancelled once ordered even if the
customer made a spelling error when ordering, and this guarantee
excludes any service where OSHS Ltd has engaged in work to provide such
a service, including but not limited to migration of data,
installation/configuration/administration of dedicated or virtual
servers, installation and racking of colocated equipment, configuration
of IP addresses, installation/configuration of web applications, etc.
Customers have a 7 day "cooling off period" in which they can decide to
cancel their order and request a refund. To qualify for this guarantee,
customers must submit their cancellation request and refund request in
writing within 7 days of placing their order. Refunds are processed
upto 30 days after receipt of a cancellation request and a refund
request. Customers are limited to using the money-back guarantee once.
4.8 Refunds will not be issued for services that are
cancelled once the service period has begun.
4.9 Should your chosen payment method fail OSHS Ltd
will attempt to settle your invoice using any other payment facilities
available on your account.
4.10 OSHS Ltd emails the customer's primary email
address stored in the client portal prior to renewal of services. It is
responsibility to cancel services prior to service renewal as no refund
can be made once renewal has occurred.
4.11 All services will renew until cancelled by the
customer, subject to a notice period. Unless specified in writing,
services are subject to the following notice periods: domain name, SSL,
shared hosting, reseller hosting and virtual server services have a 7
day notice period; dedicated server rental, colocation services, and
server management services have a 30 day notice period.
4.12 Customers are responsible for all payments made,
and are responsible to request refunds if duplicate payments have been
made. If duplicate payments have been made, refunds can only be
provided for duplicate payments made within the last 3 months. For
duplicate payments made outside the last 3 months, refunds cannot be
provided and such payments are added as credit balance in the
customer's client portal.
5 IP ADDRESSES
5.1 OSHS Ltd shall maintain control and ownership of
the IP address that is assigned to the Customer as part of the Services
and reserves the right in its sole discretion to change or remove any
and all IP addresses.
5.2 Where OSHS Ltd changes or removes any IP address
it shall use its reasonable endeavours to avoid any disruption to the
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by
or licensed to OSHS Ltd ("OSHS Ltd's software") in order to use the
Services, OSHS Ltd grants to the Customer and its employees, agents and
third party consultants and contractors, a royalty-free, world-wide,
non-transferable, non-exclusive licence to use OSHS Ltd Software in
object code form only, in accordance with the terms of this Agreement.
For the avoidance of doubt, this Agreement does not transfer or grant
to the Customer any right, title, interest or intellectual property
rights in OSHS Ltd Software.
6.2 In relation to OSHS Ltd's obligations under this
Agreement in connection with the provision of the Services, the
Customer grants to OSHS Ltd a royalty-free, world-wide, non-exclusive
licence to use the Customer Software and all text, graphics, logos,
photographs, images, moving images, sound, illustrations and other
material and related documentation featured, displayed or used in or in
relation to the website ("the Content"). For the avoidance of doubt,
this Agreement does not transfer or grant to OSHS Ltd any right, title,
interest or intellectual property rights in the Customer Software or
6.3 The Customer undertakes that he will not himself
or through any third party, sell, lease, license or sublicense OSHS Ltd
6.4 OSHS Ltd may make such copies of the Customer
Content as may be necessary to perform its obligations under this
Agreement, including back up copies of the Content. Upon termination or
expiration of this Agreement, OSHS Ltd shall destroy all such copies of
the Content and other materials provided by the Customer as and when
requested by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 OSHS Ltd shall use its reasonable endeavours to make the server and
the Services available to the Customer 100% of the time but because the
Services are provided by means of computer and telecommunications
systems, OSHS Ltd makes no warranties or representations that the
Service will be uninterrupted or error-free and OSHS Ltd shall not, in
any event, be liable for interruptions of Service or downtime of the
7.2 OSHS Ltd carries out data backups for use by OSHS
Ltd in the event of systems failure. Even though every effort is made
to ensure data is backed up correctly OSHS Ltd accepts no
responsibility for data loss or corruption, and customers are
ultimately responsible to store their own data backups.
8 ACCEPTABLE USE POLICY
8.1 The website and use of the Services may be used
for lawful purposes only and the Customer may not submit, publish or
display any content that breaches any law, statute or regulation. In
particular the Customer agrees not to:
8.1.1 use the Services or the website in any way to
send unsolicited commercial email or "spam", or any similar abuse of
8.1.2 send email or any type of electronic message
with the intention or result of affecting the performance of any
8.1.3 publish, post, distribute or disseminate
defamatory, obscene, indecent or other unlawful material or
information, or any material or information which infringes any
intellectual property rights (for the avoidance of doubt this includes
licensed software distributed as Warez), via the Services or on the
8.1.4 threaten, abuse, disrupt or otherwise violate
the rights (including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities
through the Services or via the Website;
8.1.6 make available or upload files to the website
or to the Services that the Customer knows contain a virus, worm,
trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through
whatever means, to areas of OSHS Ltd's network or the Services which
are identified as restricted or confidential. This includes leaving
your home directory whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other
permanent server processes.
8.2 host pornographic or adult content orientated
websites, gambling websites, selling of intoxicants or alcoholic
beverages, HYIP(High Yield Investment Programmes), Ponzi schemes or
pyramid schemes, warez or freeware file sharing, P2P scripts and
applications, hosting banners, graphics or cgi scripts for other
websites, storing pages, files or data as a repository for other
websites or personal computers, giving away web space under a domain,
sub domain or directory.
8.3 The Customer has full responsibility for the
content of the Website. For the avoidance of doubt, OSHS Ltd is not
obliged to monitor, and will have no liability for, the content of any
communications transmitted by virtue of the Services.
8.4 If the Customer fails to comply with the
Acceptable Use Policy outlined in Clause 8.1 OSHS Ltd shall be entitled
to withdraw the Services and terminate the Customer's account without
9 ALTERATIONS AND UPDATES
9.1 All alterations and updates to the website shall
be made by the Customer using the online account management facility,
FTP access or SSH access where available. The Customer will be issued
with a user name and password in order to access the account. The
Customer must take all reasonable steps to maintain the confidentiality
of this user name and password. If the Customer reasonably believes
that this information has become known to any unauthorised person, the
Customer agrees to immediately inform OSHS Ltd and the password will be
10.1 The Customer warrants and represents to OSHS Ltd
that OSHS Ltd's use of the Content or the Customer Software in
accordance with this Agreement will not infringe the intellectual
property rights of any third party and that the Customer has the
authority to license the Content and the Customer Software to OSHS Ltd
as set out in Clause 6.2.
10.2 All conditions, terms, representations and
warranties that are not expressly stated in this Agreement, whether
oral or in writing or whether imposed by statute or operation of law or
otherwise, including, without limitation, the implied warranty of
satisfactory quality and fitness for a particular purpose are hereby
excluded. In particular and without prejudice to that generality, OSHS
Ltd shall not be liable to the Customer as a result of any viruses
introduced or passed on to the Customer.
11.1 The Customer agrees to indemnify and hold OSHS Ltd and its
employees and agents harmless from and against all liabilities, legal
fees, damages, losses, costs and other expenses in relation to any
claims or actions brought against OSHS Ltd arising out of any breach by
the Customer of the terms of this Agreement or other liabilities
arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall
exclude or limit OSHS Ltd's liability for death or personal injury
resulting from OSHS Ltd's negligence or that of its employees, agents
12.2 The entire liability of OSHS Ltd to the Customer
in respect of any claim whatsoever or breach of this Agreement, whether
or not arising out of negligence, shall be limited to the charges paid
for the Services under this Agreement in respect of which the breach
12.3 In no event shall OSHS Ltd be liable to the
Customer for any loss of business, loss of opportunity or loss of
profits or for any other indirect or consequential loss or damage
whatsoever. This shall apply even where such a loss was reasonably
foreseeable or OSHS Ltd had been made aware of the possibility of the
Customer incurring such a loss.
13 TERM AND TERMINATION
13.1 This Agreement will become effective on the date
the service is ordered and shall continue until terminated by either
party in writing of its intention to terminate the Agreement.
13.2 OSHS Ltd shall have the right to terminate this
Agreement with immediate effect by notice in writing to the Customer if
the Customer fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement
forthwith by notice in writing to the other if:
13.3.1 the other party commits a material breach of
this Agreement and, in the case of a breach capable of being remedied,
fails to remedy it within a reasonable time of being given written
notice from the other party to do so; or
13.3.2 the other party commits a material breach of
this Agreement which cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for
winding up (other than for the purpose of solvent amalgamation or
reconstruction), or a court of competent jurisdiction makes an order to
that effect; or
13.3.4 the other party ceases to carry on its
business or substantially the whole of its business; or
13.3.5 the other party is declared insolvent, or
convenes a meeting of or makes or proposes to make any arrangement or
composition with its creditors; or a liquidator, receiver,
administrative receiver, manager, trustee or similar officer is
appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be
without prejudice to any other accrued rights and liabilities of the
parties arising in any way out of this Agreement as at the date of
13.5 On termination all data held in the customers
account will be deleted.
14.1 OSHS Ltd may assign or otherwise transfer this
Agreement at any time.
14.2 The Customer may not assign or otherwise
transfer this Agreement or any part of it without OSHS Ltd's prior
15 FORCE MAJEURE
15.1 Neither party shall be liable for any delay or
failure to perform any of its obligations if the delay or failure
results from events or circumstances outside its reasonable control,
including but not limited to acts of God, strikes, lock outs,
accidents, war, fire, the act or omission of government, highway
authorities or any telecommunications carrier, operator or
administration or other competent authority, the act or omission of any
Internet Service Provider, or the delay or failure in manufacture,
production, or supply by third parties of equipment or services, and
the party shall be entitled to a reasonable extension of its
obligations after notifying the other party of the nature and extent of
16.1 If any provision of this Agreement is held
invalid, illegal or unenforceable for any reason by any Court of
competent jurisdiction such provision shall be severed and the
remainder of the provisions hereof shall continue in full force and
effect as if this Agreement had been agreed with the invalid illegal or
unenforceable provision eliminated.
17.1 Any notice to be given by either party to the
other may be sent by either email, fax or recorded delivery to the
address of the other party as appearing in this Agreement or such other
address as such party may from time to time have communicated to the
other in writing, and if sent by email shall unless the contrary is
proved be deemed to be received on the day it was sent or if sent by
fax shall be deemed to be served on receipt of an error free
transmission report, or if sent by recorded delivery shall be deemed to
be served 2 days following the date of posting.
18 ENTIRE AGREEMENT
18.1 This Agreement contains the entire Agreement
between the parties relating to the subject matter and supersedes any
previous agreements, arrangements, undertakings or proposals, oral or
written. This Agreement may be updated without notice.
19 GOVERNING LAW AND JURISDICTION
19.1 This Agreement shall be governed by and
construed in accordance with the law of England and the parties hereby
submit to the exclusive jurisdiction of the English courts.
20 DOMAIN NAME REGISTRATION
20.1 Domain names are not deemed to be successfully
registered until they appear in the relevant whois database of the top
level domain name registrar. In the event that a domain name is
unavailable when we attempt to register it OSHS Ltd will provide a full
refund for that domain name, this will be the full limit of our
20.2 Please return to the main terms and conditions
area of this website to view terms and conditions for individual domain
20.3 OSHS Ltd will make reasonable endeavors to renew
domains where the renewal fee has been paid. The customer is
responsible to ensure domains have been
registered/renewed successfully with their respective WHOIS databases,
regardless of the domain's status in the client portal. In the event
that we are unable to renew a domain name and that domain name is
subsequently lost, the limit of our liability shall be the renewal fee
for that domain name.
OSHS Ltd are not responsible for customer programming issues other than
ensuring that programming languages such as Perl, PHP and HTML are
installed and functioning on the web hosting system.
23 DATA TRANSFER
23.1 Web hosting accounts include a certain amount of
data transfer, if you exceed this amount in any one month your account
will be deactivated until you have upgraded to an account that has more
data transfer included.
23.2 Web hosting accounts that host file distribution
(including but not limited to music, video and software) are limited to
a maximum data transfer of 25 GB per month for file distribution.
24 SERVER USAGE
24.1 Should your account use more than 5% of the
servers processing power and as a result have a detrimental effect on
other customers we will discuss with you alternative solutions for your
hosting requirements. We reserve the right to suspend your service
whilst alternative solutions are considered.
25 AFFILIATE PROGRAMME
25.1 Commission earned via the affiliate programme
will only be paid by using a valid direct debit/credit mandate on your
account, or into your verified PayPal account. It is the customers
responsibility to ensure they have this facility. In the event of the
customer not being able to obtain this facility then no commission will
26 EMAIL NEWSLETTER
26.1 OSHS Ltd communicates with it's customers via
email and as such you agree to receive by email our regular newsletter
which contains amongst other things changes to our terms and
conditions, notification of major outages, updates to our products
& features and special offers.
27 WEBSPACE USAGE
27.1 Web hosting accounts include a certain amount of
data storage/web space; if you exceed this amount in any one month your
account will be deactivated until you have upgraded to an account that
has more data transfer included. Web space must only be used for
genuine web site content, and content must be linked into web pages.
Customers are prohibited from using the server as a file/backup
repository. The only exception is if the storage is advertised as a
file backup product/service. Customers are expected to employ good
house keeping when maintaining their account.
28 MAIL BOXES
28.1 We reserve the right to delete or empty
mailboxes from the system which have not been accessed for 100 days.
29 DEACTIVATED ACCOUNTS
29.1 When a web hosting account is suspended, you
agree that after 5 days this account may be deleted from the system
without notice and without any possibility of data recovery.
30 SERVER COLOCATION & RACK SPACE COLOCATION
30.1 Colocated equipment shall be the customer's risk at all
times and the customer is responsible for insuring colocated equipment
against all risks. The customer should also effect and maintain
insurance for public liability, material damage and business
interruption cover for colocated equipment.
30.2 As per 4.11, colocation services can only be cancelled 30
days in advance of the service renewal date. A customer's colocation
services is only considered to be cancelled once all colocated
equipment has been collected. If a customer's colocated equipment is
still onsite on or after the service renewal date, the service will
continue and the customer will be liable to pay for the service renewal.
30.3 OSHS Ltd reserves the right to exercise a lien over
co-located equipment, without the need to establish proof of ownership,
in respect of any non payment for services provided for such
30.4 Colocated equipment will only be available for collection
by the customer when no payments are outstanding.
30.6 If network connectivity or power provided by OSHS Ltd drops below the 98% network and power SLA(which is calculated on a monthly uptime basis) then OSHS Ltd will credit the customer for equivalent of the outage period.