This page (along with the documents referenced herein) provides information about us and the legal terms and conditions (“Terms”) under which we offer the services (“Services”) listed on our website (“our site”) to you.
Please read these Terms carefully and ensure you understand them before ordering any Services from us. Please note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in them.
If you refuse to accept these Terms, you will not be able to order any Services from us.
BHOST is operated by Dawn Creative Ltd.
Dawn Creative Limited | Company Registration Number: 09159452 | VAT Number: 203239350 operates the www.bhost.me website, which provides the Services.
To contact us, please see our Contact Us page.
For details, please see our Privacy Policy. Please take the time to read this policy, as it includes important terms which apply to you.
These Terms, along with any document expressly referenced within them, form the complete agreement between you and us (the “Agreement”). You acknowledge that you have not relied on any statement, promise, or representation made by us or on our behalf that is not included in these Terms or any document explicitly referred to within them.
Once you express your interest in our hosting and maintenance services, you will receive an email from us confirming the receipt of your request. This email will mark the beginning of our correspondence to better understand your needs and finalise an agreement between you and BHOST for the Services provided.
The term of our Agreement for hosting Services is as described in each invoice you receive from us. Unless the Agreement is cancelled by either party or is amended in agreement between both parties, the Agreement will renew automatically for the same term as the previous Agreement and at the same price.
We may revise these Terms from time to time, including but not limited to the following circumstances:
Every time you order Services from us or the Agreement between us is renewed, the Terms in force at that time will apply to the Agreement between you and us.
We will provide the Services to you once your website has been successfully migrated to our servers. The Services will continue to be provided until the Agreement is terminated in accordance with the Terms.
Where the correspondence sets out any milestones for the provision of Services, we will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 15 for our responsibilities when an Event Outside Our Control happens.
We will require specific information from you to deliver our Services effectively. We will reach out to you for this information. If you fail to provide the requested details, or if the information provided is incomplete or incorrect, we may apply an additional charge to cover any extra work needed, or we may suspend the Services, providing you with written notice.
We will not be held responsible for any delay or failure to perform if you have not provided the requested information. If we suspend the Services as outlined in this clause, you will not be required to pay for the suspended Services; however, this does not affect your obligation to pay for any invoices we have already issued.
We may need to suspend the Services to address technical issues. In such cases, we will notify you in advance, unless the issue is urgent or an emergency. This will not affect your obligation to pay any invoices we have already issued.
Our distributed denial of service (“DDoS”) protection is a network-wide solution that covers all of our infrastructure. It is capable of mitigating the majority of DDoS attacks, but if the attack is large enough, then IP addresses, servers or websites may be black-holed or removed from the internet whilst the attack is in progress.
If you fail to pay for the Services by the due date, we may suspend the Services 7 days after the payment deadline until the outstanding amounts are settled. We will notify you by email regarding this action. This does not affect our right to charge interest as outlined in clause 10.
At your request and subject to our Free Migration offering, we will use reasonable endeavours to:
During our scheduled server upgrades, we may provide an additional 28-day window for Domain Name System (“DNS”) modifications to be performed. This will be provided at our discretion and does not apply to all migrations.
We will provide:
You warrant that any material that you display on the respective sites do not and will not infringe any applicable laws, regulations or display material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third party Intellectual Property Rights (“Inappropriate Content”).
For the avoidance of doubt, we will retain administrative rights over any shared server, and we reserve the right to deny any request to modify the configuration of a shared server at our sole discretion.
If you surpass the resource limits of your current package, we will contact you to provide the option of either reducing your resource usage to remain within your package or upgrading to a package that better suits your resource requirements.
If we have tried to contact you on at least two occasions, but you have not confirmed which of the options above is your preference, we may upgrade your account to the plan that fits your use of resources.
If we have contacted you in line with the above and you choose to remain on the same plan by reducing your use of resources, but do not in fact reduce resources to fit within the terms of the plan, we will upgrade your account to the plan that fits your use of resources. In this situation, fees for the upgraded plan will be back-dated to the earlier of either the date we attempt to contact you for a second time or the date of our original communication regarding your exceeding the resource limits for your account.
You may downgrade your plan at any time to a plan with lower resource limits if it reflects your use of resources.
You may only upgrade or downgrade to a plan that is available on our website at that time.
For the purpose of this Agreement, “Intellectual Property Rights” shall mean all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, whether registered or unregistered and including all applications for and renewals or extensions of such rights.
You retain all Intellectual Property Rights in the software and materials that you provide to us, and you grant us a licence to such Intellectual Property Rights to the extent required for us to perform our obligations under this Agreement.
All Intellectual Property Rights in any works arising in connection with the performance of the Services by us (the “Works”) shall be our property, and we hereby grant to you a non-exclusive licence to such Intellectual Property Rights for the sole purpose of receiving the benefit of the Services.
In the unlikely event of a defect with the Services, please contact us via email and inform us as soon as reasonably possible. We will make every effort to resolve the issue promptly, and you must allow us a reasonable opportunity to repair or fix the defect. We will aim to address the defect as soon as reasonably practicable, and in any case, within 1 working day.
There will be no charge for repairing or fixing any defects in the Services.
The price for the Service will be as listed on our site or as otherwise agreed upon between us. These prices may change, and any such changes will be communicated to you with reasonable notice via email.
The price of the Service is subject to VAT at the prevailing rate in the UK at the time.
Payment for the Service is billed either monthly or annually, as outlined in the Agreement.
Payment is due within 30 days from the invoice date.
If you fail to make any payment due to us under this Agreement by the due date (plus 7 days), then we reserve the right to charge statutory interest at 8% of the invoice total plus the Bank of England base rate.
11.1. Either party shall be able to terminate the agreement of the services immediately if the other:
11.2. Without affecting any rights that have accrued under the Agreement or any of its rights or remedies, either party may terminate the Agreement by providing at least 30 days’ written notice to the other party. At our discretion, we may accept termination requests even if you provide less than 30 days’ notice. However, if you have paid for Services on an annual basis, we will not be obligated to refund any prorated amounts if you cancel during the annual term.
An account may be terminated with immediate effect if abusive behaviour is directed at our staff.
Except as outlined in these Terms, neither party shall have any further obligations to the other following the termination of the Agreement.
Termination of an Agreement, for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.
If an Agreement is terminated under clause 11.2 or by you under clause 11.1:
13.1. Nothing in these Terms limits or excludes our liability for:
13.2 Subject to clause 13.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:
Subject to clause 13.1 and clause 13.2, our total liability to you in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services in the previous twelve month period.
Unless explicitly stated in these Terms, we make no representations, warranties, or commitments regarding the Services. Any implied representation, condition, or warranty arising by statute, common law, or otherwise is excluded to the fullest extent allowed by law. Specifically, we will not be responsible for ensuring that the Services meet your particular needs or requirements.
You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below:
An ‘Event Outside Our Control’ means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under an Agreement:
In these Terms, when we mention ‘in writing’, we are referring to email.
If you need to contact us in writing, or if any provision of these Terms requires you to provide notice in writing, you may send it to us via email at accounts@bhost.me. We will acknowledge receipt by responding to you in writing via email.
If we have to contact you or give you notice in writing, we will do so by e-mail.
This Agreement represents the complete and exclusive understanding between you and us, replacing and nullifying all prior drafts, agreements, arrangements, and understandings, whether written or oral, related to its subject matter.
You may not assign or transfer any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent.
A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
These Terms, along with any disputes or claims arising from or related to them, their subject matter, or formation (including non-contractual disputes or claims), are governed by and interpreted per the laws of England.
The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).