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Terms of Service

The following Terms of Service along with “AUP” and “SLA” collectively form “Main Agreement”. By buying our services you accept and acknowledge that you have read, understand, acknowledge and agree to be restrained by all the terms and conditions of this “Main Agreement”

1. Defined Terms

Main Agreement signifies “terms and conditions”,

Main Agreement is collectively formed by “AUP” and “SLA”.

“AUP” means  “acceptable usage policy” and is located here https://10gbhosting.co.uk/aup/

“SLA” means the “SLA” relevant to the product purchased:
Dedicated Server SLA: https://10gbhosting.co.uk/
Cloud Server SLA: https://10gbhosting.co.uk/
VPS SLA: https://10gbhosting.co.uk/

“You/Your/Client” suggests the person, company or organisation who buys services from Byte Technologies Ltd

2. General Terms

2.1 By opening an account our subscribing to our services, we (“10GBHosting”)  and you (“the Client”) agree to be bound by all the terms and conditions.

2.2 To use our services, you must be 18 or above

2.3 We will treat your details in accordance with our privacy policy and with the Data Protection Act 1998 (“DPA”) and from 25 May 2018, the General Data Protection Regulation 2016 (“GDPR”)

3. Services

3.1 In accordance with Main Agreement we would be providing the services.

3.2 We will put effort to supply continuous. But we are not responsible for any data loss incurred due to delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the client. We are not liable for any losses suffered occurring from acts of God or force majeure including civil unrest, riots, floods, drought, fire, war and imposing the law.

3.3 You acknowledge that we are not responsible to you for any specific consequential damages which you may suffer as a result of the loss of business, deals, profits, savings or otherwise. We are incapable in exercise control over material sent over the internet and eliminates all responsibility of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that violates the UK or other applicable law.

3.4 Clients are responsible for all charges imposed by their telephone service provider resulting from the Customer’s use of the Services.

3.5 Regular maintenance of network needs to be done which might temporarily shut parts of it down. We would be giving notice of maintenance and will try to keep this work to the time stipulated in the notice. However, we will not be held responsible for any damage resulting from the suspension of the service.

3.6 The Client agrees that whatever part of the service, will not be transferred or reassigned by them.

3.7 Without written intimation we might change License costs of all third-party applications and software given with our plans.

3.8 You accept that we do not ensure that any services will be constant, error-free, or fully secure. There are risks inherent to the internet such as hacking, malware, DDoS etc that could end in the loss of data and/or privacy.

3.9 We have the authority to pass on any extra cost increase as a result of price differences from third party software and license vendors no matter what the hosting cycle is.

4. Pricing

4.1 The pricing of services is exclusive of VAT unless it is stated.

4.2 We put a lot of effort to make sure the pricing on our website is accurate. However, there may be cases where blunders are made, in these cases, we will notify you and;

4.2.1 We will provide you refund for the difference if you have been charged more than the actual amount.

4.2.2 We will give you the chance to either cancel your order or pay the difference if you have been charged less than the actual amount.

5. Domain Registration, Renewals and Transfers

5.1 You need to make sure that any requested domain registration request is not performed in bad belief, will not be utilised for any illegal purpose, does not violate on any third-party rights, or would be deemed to be an abusive registration under the Enom, OpenSRS or Nominet dispute resolution policies.

5.2 You accept that we are not forced to endure any request for registering a domain

5.3 We make no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) concerning availability or possibility of registration of any requested domain.

5.4 You agree that on successful domain registrations and renewals, you are not eligible for a refund.

5.5  Please make sure you verify before submitting the domain for registration as we will not be able to rectify spelling mistake(s) in a domain once a domain has been successfully registered.

5.6 You acknowledge that without notice we are subject to change domain renewal fees.

5.7 You acknowledge we cannot assure that any domain you order will be successfully registered, only once payment has been successfully taken will we send a registration request to the registrar and only once a registration approval has been received from the registrar about the domain officially registered. If we are unable to register any domain name, we will provide a full refund of the domain registration fee.

5.8 Except .UK domains all other domains are registered by our partners Enom and besides are subject to the following terms and conditions: https://10gbhosting.co.uk/

5.9  All the domains that end with .UK are registered by Nominet and besides, are subject to Nominet’s terms and conditions located at https://10gbhosting.co.uk/

5.10 You at all times will agree to our terms and conditions applicable to the registration of domain names issued by the concerned naming authority which also includes the domain dispute resolution policy of that authority.

5.11 You accept that registration information will be made by us concerning the requested domain accessible to ICANN, OpenSRS, Enom, Nominet or any other relevant registration authority.

5.12 You understand that it is mandatory to provide precise domain registration details and those details will be issued to the WHOIS directory concerning the chosen domain name, as required by ICANN & Nominet.

5.13. We will attempt to automatically renew your domain before 30 days of expiry unless:

5.13.1 We are not able to process the payment for renewal

5.13.2 You disable auto-renewal from the dashboard

5.13.3 The current domain has been migrated to other tag holder or registrar

5.14 You must ensure that auto-renewal is turned on or else you will lose the domain name and does not depend on home much time you have left on the registration.

5.15 Domain bought after 5 June 2014 will have migration fee “”. On successful transaction and after all transfer procedures correctly followed we will generate the required transfer code or update the IPS tag for the domain.

5.16 You cannot transfer the domain within 60 days of registration of the domain.

5.17 Domains that expire within 7 days are not eligible for transfer request

5.18  Ownership of a domain will not be transferred until all fees applicable to domain registration, renewal or transfer have been settled.

5.19 You acknowledge complying with the standards set out in our Acceptable Use Policy concerning any material posted on or linked with any Domain.

5.20 We have the right to right away cancel the service if ICANN or Whois makes any complaint concerning the use of the domain name or cybersquatting and no refund shall be made for such.

5.21 Because of the legal agreement among ENOM INC, our domain registrar, and LegitScript, clients should be informed that the domains bought to sell medicinal drugs, through a company not correctly licensed in the target country, could be frozen pending a legal claim. We have no authority over this process and disputes will need to be managed by the proper legal channels in the disputed country.

5.22 We have the right to change the registrar that a domain is held with, without notice at its preference.

5.23 You are obligated to make sure the domain owner is acknowledged with the terms and conditions, in case you are registering domains on account of the third party

6. Acceptable Use, Content and Behaviour

6.1 You accept to observe our acceptable use policy (AUP) located at the link below:

https://10gbhosting.co.uk/aup/

6.2 You acknowledge that any efforts to create harm to any of our servers is strictly forbidden.

6.3 We have the right to deactivate your account without refund if you misuse the resource we provide in any way.

6.4 The application or feature provided on shared hosting, if discovered to be causing harm or is hampering the webserver’s overall health and performance will be disabled or deleted without any notice.

6.5 We have the right to terminate or close your account if you misbehave with any member of our staff.

7. Account Security

7.1 You are liable for any misuse of your account so you must take preventive steps to make sure that unauthorized users don’t access our account. You must not use your account to violate the security of other account or try to gain unauthorized access to another server or network.

7.2 It is your responsibility to keep your password safe. Through password, you access your account

7.3 Sharing your password with unauthorized users is strictly forbidden. You must make sure about it and restrict others from using your account as you will be liable for the outcomes.

7.4 Trying to fetch other user’s account password is strictly forbidden and will end in termination of service.

7.5 In order to reduce or restrict unauthorized use of account must follow some security measures.

7.6 You must not try to bypass user authentication or security of any host, network or account. This comprises, but is not restricted to, accessing data not meant for you, logging into or making use of a server or account you are not expressly authorised to access or investigating the security of other networks. Use or distribution of tools designed for compromising security is forbidden. Instances of these tools include, but are not restricted to, password guessing programs, cracking tools or network probing tools.

7.7 You must not try to hinder with service to any user, host or network or execute DOS attacks.

7.8 You acknowledge and understand that you may face criminal or civil liability if you try to breach systems or network security. We will be fully cooperating the law enforcement authorities in the investigation of suspected criminal breaches.

7.9 With best computing practice you consent to complete tests for computer viruses.

8 Data Protection (GDPR)

8.1  In this section the terminologies “Controller”, “Personal Data”, “Processor”, “Data Subject”, “Processing”, “Data Protection Impact Assessments” and “Personal Data Breach” have the definitions provided in the GDPR.

8.2 the parties understand that the mutual understanding among them signifies the classification of each party as to either a controller or processor Applicable Data Protection Law. In spite of the foregoing, the parties accept that:

8.2.1 10gb hosting will not be a processor where data is not accessible or expected to be accessible by 10gb hosting, the obligations are not applicable to paragraphs 8.3 to 8.7.

8.3 As per paragraph 8.2 and obligations under the agreement both the party acknowledge that you (client) are the controller and 10gb hosting is the processor.

8.3 As a processor the 10gb hosting will process personal data on your account as:

8.4.1 Process the Personal Data only in accordance with instructions from you.

8.4.2 10gb Hosting will take genuine steps to guarantee the staffs who have access to personal data are reliable. We also make sure that such staff are well trained in the care and managing Personal Data and have given proper binding undertakings of confidentiality;

8.4.3 If it receives we will inform you within five working days:

8.4.3.1 Data subject’s request to access the person’s personal data

8.4.3.2  A complaint or request concerning your obligations under Applicable Data Protection Law

8.4.4. Taking into consideration the behaviour of the processing to reply to the complaints requests from Data Subjects practising their rights under Applicable Data Protection Law, including by:

8.4.4.1 Instantly giving you with complete details of request or complaint obtained by 10gb hosting.

8.4.4.2 Based on your request, instantly giving information that you need to comply with a request from a Data Subject exercising their rights and refunding the incremental cost incurred as a result of complying with this paragraph.

8.4.5 During working hours at your expense we will let you and your representatives access any location where 10gb hosting process personal data for investigating and audit but at prior notice. Inspect 10gb hosting’s data Processing activities and agree with all reasonable requests or directions by you to let you verify and/or procure that 10gb hosting has completely agreed with its responsibilities under this paragraph 8. You or your representative shall be asked to adhere to any applicable 10gb hosting site and security policies in the performance of such an audit or review;

8.4.6  Give a written summary of the technical and organisational techniques employed by 10gb hosting for processing the personal data

8.4.7  Be allowed to engage sub-processors subject to

8.4.7.1 The associated subcontractor engaged in the written contract which forces obligations on the subcontractor which are at least similar to the obligations forced on 10gb hosting agreeable to this paragraph 8.4; and

8.4.7.2  The associated subcontractor ensures 10gb hosting to provide sufficient expert knowledge, security and resources to execute technical and organisational standards which will suffice the demands of Applicable Data Protection Law, and all sub-Processors joined by 10gb hosting as at the efficient date of this Agreement shall be considered authorised;

8.4.7.3 10gb hosting will pass on all the cost incurred concerning to audit to its clients

9. Billing

9.1 Transactions done via Credit & Debit card, cheque, PayPal and bank transfer are accepted by 10gb hosting

9.2 Bank Transfers

9.2.1 Once the payment is done within the premises of the UK we will take up to 3 working days to be applied

9.2.2  Depending upon money transfer medium used, payments outside of the UK can take more than 7 working days. For more information on timeframes please contact your payment provider.

9.2.3 Payments should be done in GBP (Great British Pound), you are liable for any currency conversion fees incurred by your bank.

9.2.4 We will convert the currencies except for GBP at the current exchange rate and deduct any fees incurred by the bank which may result in payment failing to cover the full amount due. In case it happens we will notify you that we need additional payment to cover the remaining balance.

9.2.5 You are liable for all the charges levied by both the receiving and sending bank, include the extra amount to cover these charges and if you are not sure please check with your bank before making any transfer.

9.2.6 As a reference for all bank transfers you must include your client ID. In case you fail to do so your account might be suspended for non-payment as without client ID it is difficult to locate the account.

9.2.7 If several invoices are pending we will transfer beginning with oldest first, any extra amount will be applied to the next oldest and so on. Along with your client ID, you must incorporate the invoice(s) reference in case the amount to be applied to a particular invoice.

9.2.8  The excess amount obtained during the transferring of amount will be converted to service credit and applied to your account.

9.3 If the transaction is through cheque then for reference you must write your client ID and Invoice number on the back of the cheque. If you fail to do so then it may restrict us from locating the relevant account and may result in the suspension of your account because of non-payment.

9.4 Prior to 10 days from the official due date, invoices are generated. To avoid the suspension of your account, payment must be made by the due date. In case we don’t receive any payment then after the official due date, your account will be temporarily suspended for 5 days. If no effort is made to pay the due invoice(s) within 10 days then we have the right to permanently terminate your account and delete all the data included. In total 15 days from the official due date will pass before we terminate your account.

9.5 Written authorization is mandatory for any changes to be made in details of the contact, billing cycle changes, account upgrades/downgrades, termination or cancellation of hosting services and need to be submitted through client area. All email communications should be done through the registered email address.

9.6  15 days prior to the renewal or due date for monthly and quarterly billing cycle we will send account renewal reminders and for semi-annual, annual, biannual, and triannual billing cycle we will send renewal 30 days prior to due date or renewal.

9.7 All unpaid accounts past renewal/ due date will be given a grace period of five days. On the 6 th day past due date a notification email will be sent and hosting service will be suspended. If backups purchased will only be applicable after dues are paid within suspension period.

9.8 After the suspension of account we give a grace period of 5 days to pay renewal fees/ dues. However, once the grace period of 5 days is over, we will terminate your account permanently. And once your account gets terminated, we cannot ensure the recovery of your data. If the invoices are paid, we will still try to recover data past this point but cannot ensure that the data could be successfully restored.

9.9 Please contact the billing department for further enquiries or clarifications.

10. VAT Policy

10.1 You might qualify for VAT exemption, in case you are an individual residing outside the EU. However individual outside the EU must present proof of identity and residence. For proof, we require documents that include recent utility bills, ID cards and passports.

10.2 You are eligible for VAT exemption if your business is located outside the Eu. To apply for VAT exemption you must fax or email us the details of the business trading status along with incorporation. The business location should be displayed in the documents.

10.3 VAT registration number of EU VAT registered businesses will be needed for validating data against the European Commission database. At regular intervals, the number will be rechecked. The client must notify us promptly if there is any change in VAT status or VAT registration number.

11. Cancellations & Refunds

11.1 All cancellation request should be made by clicking the cancellation link found in the product details section. For more information contact our customer support team.

11.2 We do not accept cancellation request made through live chat or phone.

11.3 For all cancellation requests, 7 working days notice is required.

11.4 Cancellation requests will be processed Monday to Friday, 8 am to 6 pm excluding UK bank holidays.

11.5 For cancellation of the shared hosting account, the charges for the free domain will be deducted from the amount to be refunded. The domain will be free only for the first year in case of gTLDs and 2 years in case of .uk TLDs. Renewal charges will have to be paid as applicable at the time of renewal. Applicable TLDs comprised under free domain registration/transfer offer are .com, .net, .org, .biz, .info, .eu, .co.uk, .org.uk, .me.uk.

11.6 Domain registration/transfer charges will be payable if you wish to cancel your hosting or wish to transfer your domain name to another service provider during its registration period.

11.7 Services that are not eligible for refunds are domain name registrations, software licenses, SSL certificates and WHOIS protection.

11.8 Refunds will only be processed to the originating payment medium

11.9 Usually to process refunds it can take 5 working days. However, depending upon the payment type. the time taken for funds to reach you will vary.

11.10 If a refund which is requested by the Client is to an international bank account outside of the United Kingdom, the Customer consents to bear all charges incurred to us for the payment transfer. The amount which the Customer owes us shall be deducted from the total refund amount.

12. Money back Guarantee

12.1 A 30-day money-back guarantee is provided to all subscribers of shared hosting plans, reseller and VPS plans. In case you find the service unsatisfactory or inadequate, you are eligible for a full refund within the first 30 days of account setup.

12.2 In the 30-day money-back guarantee policy, Cloud Servers, Firewalls and Backup Plans are not incorporated. In such cases, we have the right to issue pro-rata refunds.

12.3 You are eligible for 30-Day Money Back Guarantee Period if you signup for the first time. Subsequent signups are not eligible for this scheme.

12.4 Software licenses, domain registration fees, domain transfer fees and domain renewal fees are not included in the 30-day money back guarantee.

13. Client Data & Backups

13.1. We do a regular backup of all shared hosting platforms for which the following is applicable

13.1.1. While we put maximum effort in protecting and backup data for clients regularly, however, we cannot ensure the presence, precision, or regularity of its backup, therefore, you are solely responsible for creating backup files in association with your usage of the Services.

13.1.2. You acknowledge and understand that our backup does not include any media (audio and video) files.

13.2. Backup service for cloud servers or dedicated servers, VPS will only be provided if you exclusively purchase a backup plan from us for the selected service.

13.3. For VMware Cloud backups, we maintain DRS backups of the underlying file system in case of a big failure, these backups cannot be used for individual restores. We suggest our offsite backup solution in case of big failure.

13.4 For backup services purchased from us, you consent the following:

13.4.1. In case of backups surpassing the volume of purchased space then backups will be suspended till you either purchase extra storage space or you reduce your usage.

13.4.2. Few backup services can be configured by the client, we take no liability for modifications you make to your backup settings that effect in either the failure of your backups or the failure to retrieve your data. Please contact support If you are uncertain how to configure your backups precisely.

13.5. You accept that at your own risk you will make usage of backup services, though we will put maximum efforts to make the service available, safe and free from corruption, backups services are traded strictly as it is and without warranty, we will not be responsible for any loss, claim or damage which is affected by a failed backup.

13.6. We do not know the information you save on your hosting package including its value and quantity. While our services are intended to be flexible and we do give services intended to mitigate against data loss, we will not be held responsible for the loss of data and associated revenue, contracts or business.

14. Bandwidth

14.1. We will notify you if you surpass the bandwidth limit. The service will be suspended if you continue using after the exceeded bandwidth limit or if you do not want to purchase extra bandwidth. The services shall be suspended till you explain to us that you have taken measures to guarantee that the limit won’t be surpassed again or upgrade your account, whichever is earlier. The service will be reactivated in the next month when your bandwidth allocation refreshes.

14.2. Some of the plans include unmetered bandwidth. Unmetered signifies that we do not precisely record and enforce the bandwidth usage of your plan except it is considered to be utilising an excessive amount. An excessive amount is defined as either utilizing more than 15% of the total bandwidth accessible to the physical server or usage is affecting the performance of the server as defined by our engineers. In such a case we have the rights to discontinue service if the level of use is at risk of disrupting other users. In other cases, we will try to interact with you to review stated usage. We have the right to impose extra fees if the average usage of your site often surpasses this usage. If stated charges are not agreeable to you, we will try to give a reasonable time period for you to transfer services.

15. SMS Notifications Service

15.1 We will regularly send promotional messages to those individuals who have subscribed for SMS notifications from us. The marketing messages you receive are strictly associated with our products and services and are not sent by or on account of any third party. Your phone number will be safe with us and will never be disclosed to the third party. At any time through Client Area, you can unsubscribe from receiving SMS notifications.

16. Termination

16.1. We have the rights to suspend, refuse or terminate your access to the Services for any reason at our sole responsibility upon providing 14 days written notice to you.

16.2. If you violate any of the terms of conditions listed herein, we have the right to suspend your account.

16.3 We have the right to terminate any account where the account holder suggests that they have or are about to initiate legal actions on us. Notification will be given advising the listed termination date, letting clients shift to a new provider and take any backups.

17. Effect of Termination

17.1. In case of expiry or termination of your account for whatsoever reason. Within 14 working days, you should pay the remaining or due amount in the account.

18. Imitation of liability

18.1. We disclaim all liabilities in association to the following:

18.1.1. Loss of uploaded material;

18.1.2. Incompatibility of the services with any of theof the Customer’s software, equipment or telecommunications links;

18.1.3. Technical problems involving errors or interruptions of services;

18.1.4. Unreliability, unsuitability of the services;

18.1.5. Any type of computer viruses encountered by the client during the usage of services

18.1.6. Any security violations that affects the account of customer.

18.2. We shall not be held responsible in contract, tort, indirect, incidental or consequential damages, loss of income, data, usage of information.

18.3. Nothing in this Clause excludes each party’s responsibility about death and personal injury resulting from the carelessness of that party, its workers, agents or subcontractors or for dishonest misrepresentation or under the tort of deceit.

18.4. Our responsibility to you in contract, tort, carelessness or otherwise resulting out of or in association with the Services shall for any one incident or set of relevant incidents be restricted to the annual fees paid by you to us in the year in which the obligation first arose. No responsibility will be taken by us until you have given documentary proof to our satisfaction proving that loss has happened.

18.5. We will not be responsible for the content or any material posted on the internet by the client as a means of services. We will also not be responsible for services or goods provided by third-party advertised or sold on the internet. The precision, completeness or appropriateness for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services or faults in their devices.

18.6. We should not be held responsible for the delay or failure in performing our duties because of some events that are beyond our control including but not limited to laws of any governmental body, flood, strike sabotage, insurrection, fire, war, or other labour disturbance, interruption of or delay in transportation, embargo, unavailability of, suspension or delay in telecommunications or third-party services, failure of third party software or hardware or failure to get raw materials, supplies or power used in or equipment required for the provision of the Services.

19. Indemnity

19.1 The client acknowledges that it shall protect, assure, save and hold us innocent from any responsibilities, losses, charges, costs and claims, including reasonable legal fees warranted against us, its employees, its customers, officers and agents, that may occur or emerge from any acts or exclusions of the Customer, its agents, employees or assigns in connection with their usage of the Services.

20. Law

20.1. The following agreement will be governed and interpreted concerning the law of England and Wales and the parties present to the sole jurisdiction of the English Courts.

20.2. Both customer and we accept that a court may strike out or revoke any section of these terms and conditions if it recognises them to be illegal, unenforceable or unlawful and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been included in them.

21. Modification of Terms of Service

21.1. We own the right to change or modify the terms of services. Each of the clients is restrained by the latest terms of service published on this website.

22. Company Information

22.1. 10GB Hosting is a company registered in the United Kingdom. Our registered office address is

Office 81, 182-184 High Street, North East Ham, LondonE6 2JA, United Kingdom.

For visiting the office all the visitors are advised to book in advance. If you like to get in touch with us you can email uson [email protected]