Web Hosting & Domain Name Terms of Service

By subscribing to any of the Services and opening an account with us (“the Account”) you (“the Customer”) agree to be bound by these terms and conditions. These terms and conditions apply to all Vivid Telecom accounts. They set out the basis on which we offer our services and should be read carefully.

Services

1.Vivid Telecom will use reasonable efforts to supply a continuous service. However, Vivid Telecom is not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the customer. Vivid Telecom is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.

1.2 You agree that Vivid Telecom is not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise. Vivid Telecom is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of UK or other applicable law.

References to “You” and “Your” shall be to you as the customer. References to “We”, “Our” and “Us” shall be to Vivid Telecom Limited.

Information About Us

  1. Vivid Telecom is a trading name of Vivid Telecom Limited, a company registered in England and Wales under company number 06717474 and with Our registered office at Unit 2477 Chynoweth House, Trevissome Park, Truro, Cornwall, TR4 8UN. Our VAT number is 944 9875 59. If you wish to contact us, you can reach us via email or phone on 0800 622 6267 or sales@vividtelecom.com.
  2. By placing an order with Vivid Telecom via our website and opening an account with us you warrant that

2.1.1 You are legally capable of entering in to any binding contracts

2.1.2 You are an individual, you are at least 18 years old.

How the contract is formed between You and Us?

3.1 At the completion of an order, you will receive an email from us advising that we have received your order. At this stage it does not mean your order has been accepted as our systems would be running the necessary checks i.e. fraud, address, proof of address based on the payment method you have made to ensure that everything is correct. All orders are subject to acceptance by Us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Service(s) will be provided.

3.2 The Contract will relate only to those Services whose supply we have confirmed in the Order Confirmation. We will not be obliged to supply any other Services which may have been part of your order until the provision of such Services has been confirmed in a separate Order Confirmation.

Availability & Delivery

4.1 Depending on the checks in place and acceptance has been made on your order you should expect to receive your service with 5 minutes and 4 hours.

Backup Service

5.1 Any backups we undertake are done on 3 types of schedules, Daily, Weekly and Monthly. These backups are done on incremental which will start off with a full backup followed by backing up any files that have changed since the last scheduled task

5.2 If you require any bespoke backups we would create a plan with you to ensure that this is what you want and then action this based on your request.

5.3 Where you do not order our Offsite backup (Back Up Services), We will use reasonable efforts to protect and backup data on a regular basis, however we do not guarantee the existence, accuracy or regularity of the backups we maintain and you are solely responsible for making your own data backup arrangements through our offsite backup service or through your own backup solution. You further acknowledge that data to be backed up will not include media files such as mp3, mpeg, wmv or other video/audio files. Where you do order our (Offsite Back Up Service) we shall provide the level of backup described in relation to the particular level which you chose.

Quality of Services

6.1 We warrant that we will perform the services with reasonable care in accordance with recognised commercial practices and standards. The services will be provided in accordance with all applicable legislation from time to time in force and shall conform with the relevant SLA. (Service Level Agreements).

6.2 Your rights under this agreement are in addition to the statutory terms implied in favour of the Customer by the Supply of Goods and Services Act 1982 and any other statute.

Billing & Payments

7.1 The price of the Services will be as quoted on our website from time to time, except in cases of obvious error.

7.1.1 Service prices include VAT. However, if the rate of VAT changes between the date of your order and the date you are charged for the Services, we reserve the right to adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.

7.1.2 Our services are subject to change at any time. Any changes to pricing which could affect your monthly cost we will notify you within 30 days prior to implementing the charge.

7.1.3 We accept Direct Debit, BAC’s, Debit/Credit Card Payments & PayPal.

7.1.4 Invoices are generated 7 days before the official due date. Payments must be made by due date to avoid your service(s) from being suspended. If no payment is not received your account will be suspended 3 days after the official due date, unless you contact us before to provide us with a genuine reason to the delay. If once the service has been suspended and no further attempts is made within a further 4 working days to pay the due invoice(s), we reserve the right to permanently terminate your account and format all data held. We will not be held responsible for this.

7.1.5 Vivid Telecom (“Vivid Telecom Ltd”) reserves the right to pass on any additional charges/price increase as result in price changes from third party software and license vendors irrespective of the hosting cycle.

Cancellations & Refunds

8.1 Vivid Telecom reserves the right to suspend OR terminate services on receipt of abuse complaints. Any unconditional 30 days’ money back guarantee is provided on Shared Hosting, Reseller Hosting and VPS solutions, Domain registration fees & dedicated server packages do not come under the purview of this guarantee.

8.2 Only first-time accounts are eligible for a refund. If you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund even if you have opened a second account with us.

8.3 There will be no refunds for new domain registrations, WHM/Cpanel, Plesk VPS & Dedicated Server licences, Virtuozzo, SSL Certificates.

8.4 Any service interruptions or downtime due to scheduled maintenance by Vivid Telecom or our network providers will not count towards the uptime guarantee. Vivid Telecom is not liable in any way for failure of third party services.

8.5 In case of shared hosting account cancellations, the charges for free domains will be deducted from the amount to be refunded (if any). Domain names will be free only for the initial first year in case of gTLDs (Generic top-level domains) and 2 years in case of .uk TLDs. Renewal charges will have to be paid at the time of renewal. Applicable TLDs covered under the free domain registration/transfer are .com, org, net, biz, info, eu, co.uk, org.uk, me.uk.

Money Back Guarantee

9.1 Dedicated servers & Domain Registrations are not included under the 30-day money back guarantee policy. Vivid Telecom reserves the right to decide whether or not to issue pro-rated refunds under such circumstances.

9.2 All subscribers of managed shared, reseller and VPS plans carry a 30 day unconditional money back guarantee. If you find the service to be deficient or unsatisfactory, you are entitled to a full refund of the contract amount within the first 30 days of the date of account set-up.

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

Domain Names

10.1 You are to ensure any requested domain registration is not made in bad faith, does not infringe on any third parties rights, will not be used for any unlawful purpose or would be considered to be an abusive registration under the Vivid Telecom resolution policy.

10.2 You acknowledge that Vivid Telecom are not obliged to accept such request to register any domain. Vivid Telecom makes no representations or warranties of any kind with the respect of availabilities or likelihoods of registration of any requested domain name.

10.3 You acknowledge that domain registrations and renewals where successful are non-refundable and that you acknowledge that Vivid Telecom are unable to correct spelling mistakes on domains once they have been successfully registered. It is your responsibility to proof read this before submitting this to our website.

10.4 Domain Registrations, Renewal and redemption restores are subject to change at any time without notice. All applicable fees as detailed on our domain pricing page is located at https://www.vividtelecom.com/billing/cart.php?a=add&domain=register.

10.5 You agree and acknowledge that Vivid Telecom will make registration information in relation to the requested domain name available to Nominet & ICANN or any other appropriate registration authority.

10.6 You acknowledge that you are obligated to provide accurate domain registration details and that those details will be published to the WHOIS directory with respect to the chosen domain name, as requested by ICANN & Nominet.

10.7 It is your responsibility to renew your domain name. You will receive domain reminders which will be sent to your registered email address on our client area portal. You have the option to opt in to our Domain Auto Renewal service however you must ensure that your account has sufficient credit and/or a valid debit/credit card setup in your client area.

10.8 If you choose to transfer your domain name(s) to another registrar an administration fee of £9.99 + VAT will apply. Once payment is received and has cleared, and subject all transfer procedures have been followed correct by you, we will generate the required transfer code or update the IPS tag for the domain.

10.9 You may not transfer away your domain name from us to another registrar during the first 60 (sixty) days following the registration or transfer of a domain. Vivid Telecom will not accept any transfer request for a domain that is due to expire within 7 days.

10.9.1 Vivid Telecom will not transfer ownership of a domain to another registrar until all fees attributable to the domain registration, renewal or transfer has been paid.

Use Policy in respect of any material posted on or associated with any Domain.

10.9.2 Where ICANN, Nominet and/or Whois, or any replacement body of the same (or where the Domain is registered with a registrar in a different jurisdiction, any equivalent body or registrar), makes any complaint in respect of the use of the domain name including but not limited to ‘cybersquatting’, We reserve the right to immediately cancel this service and no refunds shall be made.

10.9.3 “Due to a legal agreement between, our domain registrar, and Legit Script, customers should be aware that the domains purchased with the intent of selling prescription drugs, via a company not properly licensed in the destination country, could be frozen pending a legal appeal. Vivid Telecom has no control over this process and disputes will need to be handled through the proper legal channels in the disputed country.”

10.9.4  Vivid Telecom reserves the right to change the registrar that a domain is held with, at its own discretion and without notice.

10.9.5 If you are registering a domain on behalf of a third party you are obligated to ensure the domain owner is made aware of these terms and conditions.

Hosting Services

11.1 If You have ordered any Hosting Services from us, you shall comply with Our Hosting Services Terms and Conditions.

11.2 Where a conflict, discrepancy or confusion arises between these Hosting Services Terms and Conditions shall prevail in respect of any Hosting Services.

Bandwidth

12.1 If your account exceeds the bandwidth limit, we will inform you straight away. You will have the option to purchase additional bandwidth however if you choose not to then your account will be suspended until the start of the next month. The Account will be reactivated in the following month.

12.2 We provide unlimited connectivity for our Shared Hosting Packages. Unlimited connectivity means that we do not accurately record and then enforce the bandwidth usage of your site unless it is deemed to be using an excessive amount. An excessive amount is classed as using more than 15% of the total bandwidth to said Shared node for an individual account. When such events occur, we reserve the right to immediately suspend service if the level of use is at risk of causing a disruption to other users. In other cases, we will attempt to communicate with you to discuss said usage. We reserve the right to charge additional fees if the normal usage of your site frequently exceeds this usage. If said charges are not acceptable to you, we will attempt to provide a reasonable time frame for you to move services.

Spamming/ Unsolicited Emails & Mailing Lists

13.0 You agree and understand that spamming and sending of unsolicited emails from our servers are prohibited. If you are found to be sending spam your service will be automatically suspended pending termination.

13.1 You also agree and understand that we have the right to place a limit on any outgoing emails per hour on our Shared hosting platforms to avoid any sort of spamming. Under no circumstances are you allowed to use your email accounts as a mailing list to send out bulk amounts of emails.

Security and Viruses/Malware

14.0 You are responsible for any misuse of your Account and you must take steps to ensure that others do not gain unauthorised access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorised access to another network or server.

14.1 Your password provides access to your Account. It is your responsibility to keep your password secure and enabling two factor authentication where available.

14.2 Sharing your password and account access with unauthorised users is strictly prohibited. You must take care and prevent others from using your Account since you will be responsible for the consequences.

14.3 Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.

14.4 You must adopt adequate security measures to prevent or minimise unauthorised use of your Account.

14.5 You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

14.6 You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.

14.7 You agree and understand that users who violate systems or network security may incur criminal or civil liability. Vivid Telecom will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

14.8 You agree to complete your own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services


Modification of Terms of Service

15.0 Vivid Telecom reserves the right to modify or change these terms of service at all times. All customers are bound by the latest terms of service published on this website.

Termination

15.0 We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 30 days’ written notice to you.

15.1 We may suspend your Account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.

15.2 We reserve the right to terminate any account where the account holder advises that they have or are about to initiate legal proceedings against Vivid Telecom Ltd. Notice will be given advising the scheduled termination date, allowing clients to move to a new provider and take any backups.

15.3 You can terminate this contract at any time by logging in to your client area and requesting this. Failure to request termination will mean that if any invoices are created you would be liable to ensure full payment is made.

Once you have requested termination of your service you will receive a confirmation via email notifying you that this has been received.

Limitation of Liability & Indemnity

Vivid Telecom disclaims any liabilities in connection to technical problems including errors or interruption of services, computer viruses obtained by the customer when using the service, or any breaches affecting the customer’s account.

Vivid Telecom will not be liable with respect to death and personal injury resulting from the negligence of that party, its employee, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.

We also exclude any liability of any kind in respect of material posted by the customer or any goods (including software) provided by a third party that is advertised sold or otherwise made available by means of the service.

Vivid Telecom will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Confidentiality

The Parties shall treat information that is provided to each other, before, during or after the executive of the agreement confidential at all times.

Law

This Agreement will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.

The Customer and Vivid Telecom both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.