The following words have specific meanings in this contract;
“Account” means an account on our customer portal website, DomainsFoundry Dashboard which identifies you and allows you to use and order Services.
“Bandwidth” means the rate and quantity of data transmitted in bits per second.
“Consumer” means an individual using the Services who is not part of a business, trade or profession or not using the Services for the purpose of financial or commercial gain.
“Contract” means the Contract between DomainsFoundry and the User incorporating these conditions, the DomainsFoundry Order Form (where completed) and DomainsFoundry‘s published charges for the provision of its Services.
“Fees” means the fees for the Services as agreed on the Order Form (where completed) and the prices as displayed on our website.
“Intellectual Property Rights” means any copyright, design rights, trade marks, patents service marks or any other intellectual rights.
“Services” means cloud hosting, cloud servers, WordPress hosting, email hosting, web hosting, reseller hosting, shared-hosting, dedicated servers, virtual servers, VPS, domain name registration and any other services provided by DomainsFoundry to the User.
“DomainsFoundry” refers to DomainsFoundry, a trading name of Ecenica Limited, a company registered in England and Wales who’s company number is 5069389.
“User”, “Users” means you the customer or any other person or entity which makes use of the services though you or on your behalf;
By using DomainsFoundry Services you warrant that;
2.1. You are at least 18 years old, or be 13 and older and have your parent or guardian’s consent to our Terms and Conditions.
2.2. You are legally allowed to enter into a binding Contract.
2.3. If ordering or using Services on behalf of a 3rd-party, such as but not limited to a company, you agree to bind the 3rd-party to our terms and conditions and make them aware of these terms.
2.4. You agree you are solely responsible for ensuring these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you.
2.5. You must notify us immediately of any change in your eligibility to use our Services.
3.1. To order Services from DomainsFoundry you must register an Account.
3.2. You must provide valid and accurate information when registering an Account.
3.3. You agree DomainsFoundry can block access to or supply of Services at any time if we reasonably believe the information you have supplied is inaccurate or incomplete.
3.4. You agree you are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party.
3.5. You agree you are solely responsible for keeping your Account password secure. You should never publish, distribute or post login information for your Account.
3.6. You agree not to share your password with third parties.
3.7. You must notify us immediately of any unauthorised use of your Account or disclosure of your password.
3.8. Failure to comply with these requirements shall constitute a breach of these Terms and Conditions. DomainsFoundry will not be liable for any loss or damage as a result of your failure to provide us with accurate information or keep your Account secure.
4. Your Rights
4.1. If you purchase Services as a Consumer and not on behalf of a business, you are entitled to a fourteen (14) day cooling off period as specified in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Given the online nature of our Services there may be circumstances where DomainsFoundry is unable to commence the provisioning of Services until the cooling off period has expired or unless you expressly waive your rights to a cooling off period.
5. Fees and Payment
5.1. DomainsFoundry accepts major credit cards, debit cards and bank transfer payments.
5.1.1. Our primary method of payment for Services is via credit card or debit card.
5.1.2. We may accept bank transfer payments at our discretion and only for Services with fees greater than one hundred Pound Sterling (£100) or equivalent currency. Bank transfer payments may be arranged by contacting DomainsFoundry. Please note, Services will only be provisioned once bank transfer payments have cleared.
5.2. Service Fees will be as quoted on our website or order form, except in cases of obvious error. All prices shown on our website exclude VAT unless stated.
5.3. The total price of your Services will be set out clearly on the order form.
5.4. Before you submit your order you will be shown a summary screen including details of the Services and the price payable. You have the chance to identify and correct any input errors in your order.
5.5. You can view and print a copy of your invoices from our website by logging into your Account.
5.6. DomainsFoundry reserves the right to change or increase the Fees of Services at any time. We will notify you in writing at least fourteen (14) days before any price increase becomes effective.
5.7. With a large range of Services available to order through our website there is always the possibility that a pricing error can occur and an incorrect price is shown on our website or in any marketing material. If the correct price is lower than the incorrect price we will charge the lower price. If the correct price is higher than the incorrect price then we will contact you to notify of the error. We have no obligation to provide Services to you at the incorrect price.
5.8. After submitting your order we will attempt to take payment immediately. If your order is rejected for any reason then we will cancel your order and refund any payment taken.
5.9. You commit to pay for the Service for the whole of the Minimum Contract Term. This applies even if you pay by monthly payments. You must not cancel a direct debit, PayPal subscription or any other monthly payment method without first cancelling your Services. If you fail to fulfil the Minimum Contract Term we will proceed to recover any outstanding payments due by other means including appropriate legal action.
5.10. Payment for your Services will only be stated as taken once we have received cleared funds. If your payment has not been authorised or has been declined then we may suspend or terminate any Services provided.
6. 30 Day Guarantee and Refund Policy
6.1 The DomainsFoundry 30 Day Guarantee applies to Cloud Hosting and WordPress Hosting (also known as web hosting or shared-hosting) plans only.
6.2. Cloud Hosting or WordPress Hosting plans purchased from DomainsFoundry may refunded only if cancelled within the following timeframe:
6.2.1. 30 Days from the purchase date for Cloud Hosting and WordPress Hosting plans purchased for a term of 12 months or more.
6.2.2. 48 Hours from the purchase date for monthly, quarterly, or semi-annual (Less than 12 months) Cloud Hosting and WordPress Hosting plans
6.3. You may cancel your Cloud Hosting and WordPress Hosting service at any time, but a refund under our Guarantee will only be issued if you request a refund via support ticket with DomainsFoundry customer services within the timeframe specified in clauses 6.2.1 and 6.2.2.
6.4. To cancel the Contract for your Cloud Hosting and WordPress Hosting Service you must login to your DomainsFoundry Dashboard and submit a cancellation request to us via support ticket. We will then contact you via our support ticket system to confirm your cancellation request and provide a unique cancellation link for your Service. You must confirm your cancellation by submission of a completed cancellation request form within the timeframe specified in clauses 6.2.1 and 6.2.2 or we will continue to supply the Hosting Service.
6.5. We will only refund the original payment card used when ordering the cancelled Hosting Service. No other cards or payment methods will be accepted.
6.6. Our 30 Day Guarantee is limited to one use per customer and applies to your first eligible order only.
6.7. Renewal and upgrade orders are not covered.
6.8. Services that are not covered by our 30 Day Guarantee include (but are not limited to):
6.8.1. Domain Registrations and Domain WHOIS Privacy Services.
6.8.2. Cloud Servers and Dedicated Servers.
6.8.3. Email Hosting and Reseller Hosting packages.
6.8.4. SSL certificates.
6.8.5. ‘Add on’ or ‘Bolt-on’ products, Paid Support or Migration fees.
6.8.6. Web Design or any other miscellaneous, administrative, or professional fees.
6.8.7. Set-up fees.
6.9. If your purchased Cloud Hosting or WordPress Hosting service includes a free domain name, the list price for the domain name will be deducted from the refund amount.
6.10. Our 30 Day Guarantee does not cover accounts which have violated our Terms and Conditions or acceptable usage policy.
6.11. Our Guarantee does not apply to Hosting Services which have used our Free Website Migration service.
7. Quality of your Service
7.1. We aim to provide great quality hosting so we warrant that any of our Services purchased via the DomainsFoundry website will be provided with reasonable care and skill subject to the other provisions of our terms and conditions.
7.2. We will not be liable to a breach in the warranty stated in clause unless;
7.3. You send notice in writing via our support ticket system of any breach
7.4. We are given a reasonable opportunity to look into the provision of your Services after receiving your notice
7.5. We will not be liable to a breach in the warranty stated in clause if;
7.6. You have not followed our oral or written instructions for the use of your Services
7.7. You have altered or modified the Services without our consent.
7.8. The problem has arisen because of misuse.
7.9. If we are in breach of the warranty we will use all reasonable commercial efforts to remedy the breach promptly. If this cannot be done then we will provide a pro-rata refund of any Service Fees. This is the sole and exclusive remedy to a breach of the warranty stated in clause. We do not warrant that your use of the Services will be uninterrupted or error-free.
7.10. During your time with us we will reserve the right to update, upgrade or modify your Services at any time without notice to you provided that the modification does not adversely affect your access to or use of your Services or detract from the overall performance. Any change that may have an adverse effect or may detract from the overall performance will be notified to you at least fourteen (14) days prior to the change taking effect.
7.11. You accept that you will not rely on any statement, promise or representation made or given by or on our behalf which is not set out on our website or confirmed in writing by DomainsFoundry.
8. Access and use of your Service
9. Service Level
9.1. As part of your Hosting Service we will, with reasonable endeavour, make our servers available to you for one hundred (100) per cent of each calendar month. We do not warrant that access to our servers will be uninterrupted or error free but we will endeavour within reason to keep downtime to a minimum. We shall provide advanced notification of all scheduled and emergency outages via our server status page.
9.2. Service credits or refunds are not provided for any form of downtime or service unavailability.
10.1. It is you responsibility to maintain backups of any data you upload or have uploaded on your behalf onto our servers.
10.2. We will follow our backup and archival procedures outlined on our website. In the event of any loss or damage to our servers we will use reasonable commercial efforts to restore data, including your personal data, from the latest, valid back-up we have. We will not be responsible for any loss, destruction, alteration or disclosure of your data caused by you or any third party.
11.1. If you have a question or problem related to your Services or account then you can send a support ticket using our support ticket system, which is available twenty-four (24) hours a day, seven (7) days a week, free of charge.
11.2. Our team of support staff will gladly help resolve any problem or answer any question you have with your Services or account. We are under no obligation to provide programming support, code updates or support for third-party equipment or software outside of our Services.
12. Domain Registrations
12.1. All DomainsFoundry domain registrations are bound by our Domain Name Registrant Agreement and relevant 3rd Party terms.
13. Intellectual Property Rights
13.1. You or your licensor retain all intellectual property rights for any files published on your website or in your emails. You grant us the license to store and maintain your files on our servers and publish on Internet for the purpose of providing the Hosting Service to you on worldwide, non-exclusive and royalty free basis.
13.2. You warrant that all files or data uploaded to, or stored on your Hosting Service do not infringe the intellectual property rights of any third party.
13.3. You will defend, indemnify and hold DomainsFoundry harmless against claims, actions, proceedings, losses, damages, expenses and costs including court costs and reasonable legal fees arising out of any claim or action that your use of your Services or your data infringes, or allegedly infringes, the intellectual property rights of a third party.
13.4. We retain all intellectual property rights related to the Services other than your data or files therefore you must not decompile, disassemble or reverse engineer our Services or software.
14. Our Liability
14.1. We do not monitor and do not have any liability for your files and data and any communication you transmit or allow to be transmitted through the use of your Services.
14.2. We shall not be liable for the protection of the privacy of email or any other information transferred through the internet or any network provider and no guarantee or representation is given that your Hosting Services will be free from hackers or unauthorised users.
14.3. You shall be liable for the content of any emails, files, data or information transmitted through or uploaded to your Hosting Service and will be responsible for ensuring compliance with all relevant legislation including privacy laws, regulations or guidance notes.
14.4. All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions or linked documents are hereby expressly excluded.
14.5. We do not exclude or limit our liability in any way;
14.5.1. For death or personal injury is caused by our negligence
14.5.2. under section 2(3) of the Consumer Protection Act 1987
14.5.3. for fraud or fraudulent misrepresentation
14.5.4. where it would be illegal for us to exclude, or attempt to exclude, our liability
14.6. We will not be liable directly, indirectly or consequentially for;
14.6.1. Loss of income or revenue
14.6.2. Loss of software or data
14.6.3. Wasted expenditure (including marketing costs)
14.6.4. Loss of business
14.6.5. Loss of profits or contracts
14.6.6. Loss of anticipated savings
14.6.7. Loss of goodwill
14.6.8. Wasted time
14.7. We shall not be liable for the acts or omissions of third party providers of service or for faults in or failures of their apparatus.
14.8. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause 14.a.ii
14.9. Our maximum aggregate liability to you for any claim in Contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall in not exceed one hundred percent of the price you have paid to us for the Services during the twelve (12) months preceding the event giving rise to the liability in question.
14.10. You are advised to acquire and maintain adequate insurance cover to protect you and your business in the event of interruption of the Services or data loss.
15. Minimum term and Cancellation of the Services
15.1. All Services other than domain name registrations or domain name renewals will commence on the date we notify you that the Services have been successfully setup. They shall continue for the minimum period of time that applies to the Service you have ordered as set out on our website and confirmed during the order process (Minimum Term).
15.2. By renewing your service you commit to a new contract and new Minimum Term for your Service which will be stated on our website and on the renewal confirmation we send to you.
15.3. With seven (7) days advanced notice for shared-hosting and thirty (30) days advanced notice for cloud hosting, VPS and dedicated servers you may cancel your Service by login to your DomainsFoundry Dashboard and submission of a support ticket requesting a cancellation of your service. We will contact you via our support ticket system to confirm your cancellation request and provide a unique cancellation link for your service. You must confirm your cancellation by submission of a completed cancellation request form before the renewal date or we will continue to supply the Service and your cancellation will not take affect.
15.4. Domain names registered or renewed will commence on the date we notify you that the domain name has been successfully registered. It shall continue for the minimum period of time that applies to the domain name you have ordered as set out on our website and confirmed during the order process (Minimum Term).
15.5. By renewing your domain name you commit to a new contract and new Minimum Term for your domain name as stated on our website and on the renewal confirmation we send to you.
15.6. You may cancel your domain name by logging in to your DomainsFoundry account and submitting a cancellation request any time before the renewal date. We will then contact you via our support ticket system to confirm your cancellation request. You must re-confirm your cancellation request via our support ticket system or we will continue to supply the Hosting Service and your cancellation will not take effect.
15.7. We will not provide you with a pro-rata refund for a cancellation that is part-way through a billing period.
15.8. If you contravene any of these terms and conditions or linked documents, a refund will not be issued in the event of a cancellation.
16. Deletion of your data
16.1. When you cancel your service we will immediately and permanently delete any data we hold or host related to the Services cancelled. It is your responsibility to take appropriate backups of any data before you cancel.
16.2. Where the Service allows you to resell hosting packages or accounts then any such account you have disabled and which has remained disabled for at least thirty (30) days will be immediately and permanently deleted along with all data.
17.1. Additional terms and conditions may apply to special offers. These will be publicly available on our website and you will be advised of them at the time of ordering.
18.1. When you use our website you accept that the communication with us will be mainly or wholly electronic. We will communicate with you by email, support tickets or notifications on our website or websites related to DomainsFoundry. For this contract you agree to these electronic methods of communication and accept that any contracts, notices, information and other communications provided by these means comply with any legal requirement that such communications be in writing. This does not affect your statutory rights.
18.2. All content transmitted by email or support tickets sent on our website or websites related to DomainsFoundry may be stored and used for marketing, training or legal purposes.
19.1. All notices given by you to us must be given via our support ticket system.
20. Matters beyond our reasonable control
20.1. We shall not be liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeur, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.
21.1. If we waive a breach of Contract by you, that waiver is limited to the particular breach. Any delay in us acting upon a breach is not to be regarded in itself as a waiver.
22.1. If any of these terms and conditions or any provisions of the Contract are determined to be unlawful, invalid or unenforceable to any extent then the term, condition or provision will be severed and the remaining terms, conditions and provisions will continue to be valid to the fullest extent permitted by law.
23. Entire agreement
23.1. These terms and conditions and any document expressly linked represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
23.2. By entering into the Contract we each acknowledge that neither party have relied on any representation, undertaking or promise given or implied from anything said or written in negotiations between us prior to entering the Contract.
24. Changes to these terms and conditions
24.1. We reserve the right to revise and amend these terms and conditions at any time.
Ecenica Limited t/a DomainsFoundry. UK Company #05069389
86-90 Paul Street, London, EC2A 4NE
VAT number: GB836 4139 22
Last Update: 11 March 2019