1. About these terms
1.1 Vipertech IT Solutions Limited (“Vipertech”, “we”) provides web hosting, managed virtual private servers (VPS), dedicated and cloud servers, domain registration and related services to business customers (the “customer”) for a monthly, six-monthly or annual fee, as agreed with the customer. These terms apply to all services supplied by Vipertech, and use of a Vipertech service constitutes acceptance of them.
1.2 The customer confirms that it is acting for business purposes and not as a consumer.
1.3 We may update these terms from time to time. We will give at least 30 days’ notice of material changes by email to the address we hold on file. Changes to these terms are not grounds for non-payment, and continued use of the services after the notice period means the customer accepts the updated terms.
1.4 Vipertech will not require customers to advertise Vipertech on their websites unless agreed, for example where a non-profit organisation receives complimentary hosting.
2. Acceptable use
Content
2.1 Services may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in breach of any law of the United Kingdom (or any other country) is prohibited. This includes copyrighted material the customer has no right to use, material that is threatening or obscene, and material protected by trade secrets or other rights.
Adult content
2.2 Vipertech does not allow adult membership or subscription websites, pornography or sexual content on its shared hosting servers, or links to adult content hosted elsewhere. The same applies to sites that promote illegal activity or contain content that may damage our servers or any other server on the internet. Educational adult websites, dating sites and adult e-commerce stores are allowed; if in doubt, check with Vipertech support before hosting them. Vipertech, acting reasonably, will decide what constitutes a violation of this clause.
Examples of unacceptable content
- Adult or pornographic material (on shared hosting).
- Hacking programs, archives or information.
- Warez sites.
- Spam or spamming software.
- Obscene or indecent material. Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual property
2.3 Material accessible through Vipertech services may be protected by copyright, trademark, trade secret or other rights. Except where expressly permitted by the owner, the customer must not use
the services in a way that infringes, violates, dilutes or misappropriates those rights. A domain name used with Vipertech services must not breach any trademark, service mark or similar right of a third party.
Spam and unsolicited email
2.4 Vipertech takes a zero tolerance approach to unsolicited email (spam). Customers must not use, or permit others to use, our services to send spam, or host sites or information advertised by spam from other services.
2.5 If a customer breaches this policy, Vipertech may restrict, suspend or terminate the account, may refuse or cancel service to known spammers, and may make an administrative charge of £100 for each violation to cover the cost of investigating and dealing with it. Service may be cancelled without refund.
Catch-all email accounts
2.6 Catch-all email accounts (anything@yourdomain directing all mail to one mailbox) are not permitted because of the spam they attract. Mailboxes must be created through the control panel. Catch-all mailboxes found on the service may be removed, or the account disabled, with reasonable notice where practicable.
Scripts, applications and background programs
2.7 On shared hosting we provide a hosting service, not a shell service. Background-running programs (including IRC bouncers and bots) are not allowed, and customers may not compile and run software on shared hosting servers. Scripts such as PHP, CGI or Perl may be used provided they do not affect the normal operation of the server. Chat servers or scripts of any kind are prohibited. Mail form scripts must be kept up to date, secure and free of abuse by spammers.
2.8 Scripts commonly known for causing server disruption include large CGI-based message forums, auctions, galleries and banner exchanges. If a script affects normal server or administrative operations, Vipertech may disable the account pending the customer’s cooperation and resolution of the problem.
2.9 One remote MySQL user may be provided on request, via our helpdesk, if the user has a fixed IP address.
Network and physical security
2.10 Customers must not use the Vipertech network to attempt to circumvent the authentication or security of any host, network or account. This includes accessing data not intended for the customer, logging in to a server or account the customer is not authorised to access, password cracking, probing the security of other networks, or violating any other organisation’s security policy. Customers must not interfere with or deny service to any user, host or network, including by flooding, mail bombing or other deliberate attempts to overload or crash a host or network. Vipertech will cooperate with investigations of security violations at other sites, including with law enforcement. Users who violate system or network security may incur criminal or civil liability.
2.11 Physical access to servers and related equipment is restricted to authorised personnel of Vipertech and its data centre provider. Customers are not permitted physical access.
3. Support and managed servers
Support boundaries
3.1 Vipertech provides technical support to its customers, limited to hosting services and related features. We do not provide support for application-specific issues such as PHP or CGI
programming, HTML, or website design and development, and we do not provide support to the customer’s own clients.
3.2 Work beyond normal support boundaries (for example site scripting problems, script installation, or website design and development) is charged at £50 per hour, in 30-minute increments. Charges will be discussed before work begins. All prices exclude VAT unless stated.
Managed dedicated, cloud and VPS servers
3.3 Our managed server services include server management in the fee. Server management means general maintenance, updates and security hardening of core packages so that the server performs as expected. It also includes up to 2 hours per month of additional administrative work, such as installing custom server software or accommodating customer requests. Further management work is charged at £70 per hour (plus VAT), billed in half-hour increments with a half-hour minimum.
3.4 Vipertech will make all reasonable efforts to satisfy the customer’s requests for technical or administrative changes. Certain tasks, such as repairing faults caused by the customer or installing certain additional software, may incur a fee of £50 per hour, billed in half-hour increments with a half-hour minimum.
3.5 Dedicated server specifications may vary over time as technology changes. Hardware provided will be of comparable specification and performance to that shown on the Vipertech website.
3.6 The customer is responsible for complying with all software vendor licensing terms for software it installs or uses.
3.7 Dedicated, cloud and VPS servers are exempt from these shared hosting restrictions: the adult content restriction in clause 2.2 (tasteful adult content is allowed, subject to clause 2.1), the ban on background-running programs, and the banned scripts. Clauses 2.1, 2.3, 2.4 and 2.10 continue to apply.
Backups
3.8 We take backups of managed servers as a precaution: one backup per day, plus weekly and monthly backups, on a best-effort basis. Because of variables outside our control, a successful backup of every scheduled run is not guaranteed, and we do not guarantee the availability, usability or integrity of backups. The customer should always take its own regular backups of all data for its own disaster recovery. See clause 9.4.
4. Payment, pricing and refunds
4.1 Establishment of the service depends on receipt of payment of all stated charges. Subsequent payments are due on a recurring date that coincides with the date of signup (monthly, six-monthly or annual terms, as agreed).
4.2 Service may be interrupted on accounts that fall overdue (for example where a card is declined or expired). When a payment is declined, we will send an email notification and retry the following day, up to 3 times over a 3 to 5 day period. If payment, or notice that payment is in hand, has not been received after that period, the account may be suspended or terminated. We may charge a fee of £15 to reinstate a suspended account.
4.3 The customer must keep its email address and telephone numbers on file current. Failure to do so may mean important communications do not arrive, which may result in suspension or termination of the service.
4.4 A service charge equal to the charge incurred by Vipertech will be applied for each cheque, chargeback, disputed payment or other payment returned to Vipertech unpaid.
4.5 Vipertech may change prices on at least 30 days’ notice, with the change applying from the next billing period.
4.6 Payments are non-refundable, including setup fees and subsequent charges regardless of usage, except as set out in this clause. If the customer disputes a charge that is valid under these terms, the customer agrees to pay a reasonable administrative fee for the costs of pursuing that payment. Customers paying annually who cancel early will receive a pro-rata refund for full unused months at the time of cancellation; days and part-months are not charged or refunded. We do not offer a money-back guarantee or trial period.
4.7 Domain name registration fees are non-refundable, in whole or in part, even if the registration is suspended, cancelled or transferred before the end of the term. Spelling mistakes cannot be corrected or refunded, so please check carefully when ordering.
4.8 Vipertech does not provide paper invoices. PDF invoices are sent by email and are available in the billing area.
5. Cancellation and termination
5.1 The customer may cancel by email to email us. Cancellation must be received at least 14 days before the next invoice or billing date, and any overdue invoices must be settled first. Vipertech will confirm the cancellation in writing. Without written confirmation the service has not been cancelled and charges continue to fall due. Failure to give enough notice may result in a further billing period’s fee being due.
5.2 Changing a domain’s DNS to another provider, or transferring a domain away from Vipertech, is not a cancellation of hosting.
5.3 On termination of the service for any reason, Vipertech will stop providing it, and hosting accounts, mailboxes, servers and backups will be deleted in accordance with clause 8. The customer should take copies of its data before the end date.
5.4 Vipertech may refuse, suspend or cancel service for breach of these terms or for non-payment, and will give notice where reasonably practicable. A violation of these terms may result in a warning, suspension or termination. Accounts terminated for policy violations will not be refunded.
5.5 Any attempt to undermine, slander, libel, threaten or cause harm to a Vipertech server, customer, employee or the company is prohibited and is grounds for immediate termination without refund. We will pursue such conduct to the fullest extent of the law.
6. Domain names
6.1 Before a domain expires, we will remind the customer to renew by email to the address on file. The customer should also monitor renewal dates in the billing area. Vipertech is not liable for the expiry or loss of a domain name, subject to clause 9.1.
6.2 When a domain expires it is deactivated by the registry and the website stops displaying. For between 5 and 30 days afterwards it can be renewed at our regular rates. After that the domain enters the registry’s redemption period (between 30 and 60 days), when renewal incurs a redemption fee charged by the registry and passed on at cost plus VAT. We will confirm the current fee on request. After the redemption period the domain is released to the public and may be lost.
6.3 Any domain registered by Vipertech as registrar is the customer’s to keep and may be transferred to another registrar once it is 90 days old. The same 90-day no-transfer window applies after an expired domain is renewed or restored from the redemption period. Vipertech does not charge for transferring a .uk domain to another registrar’s tag.
7. Migration and changing services
7.1 Vipertech offers free migration from other hosting companies on a best-effort basis. Success depends on the type and quality of the source hosting and on the customer’s responsiveness and testing. Migrations are performed in a single batch unless special terms are agreed. Work beyond normal migration boundaries is charged at £50 per hour in 30-minute increments, discussed in advance.
7.2 When upgrading a service, we can usually extend the free migration service. When downgrading, or making significant and frequent changes, reasonable charges may apply where the customer does not wish to migrate itself.
8. Data protection and privacy
Roles
8.1 For personal data that the customer stores, hosts or processes on the services (“customer data”), the customer is the controller and Vipertech is the processor. The customer decides what data is stored and why, and is responsible for ensuring it has a lawful basis for doing so. For its own account, billing and contact data, Vipertech is a controller.
Vipertech as processor
8.2 Vipertech will:
- process customer data only on the customer’s documented instructions, which are these terms and the customer’s requests for support, maintenance and security, and not use customer data for its own purposes;
- ensure that people authorised to access customer data are bound by confidentiality;
- maintain appropriate technical and organisational security measures, including access controls, patching, malware protection, backups as described in clause 3.8, and encryption in transit and at rest where supported;
- access customer servers only for maintenance, security or support, or at the customer’s request;
- notify the customer without undue delay on becoming aware of a personal data breach affecting customer data;
- assist the customer, taking account of the nature of the processing, with data subject requests, security, breach notification and data protection impact assessments;
- at the end of the service, return or delete customer data at the customer’s choice, unless the law requires it to be kept; and
- make available information reasonably necessary to demonstrate compliance with this clause, and allow audits on reasonable notice.
8.3 The customer gives general authorisation for Vipertech to use sub-processors, such as data centre, infrastructure and backup providers, for the services. Vipertech remains responsible for their compliance and will tell the customer about changes on request. Vipertech aims to keep customer data within the United Kingdom. Where a transfer outside the UK is involved, Vipertech will ensure an appropriate safeguard is in place.
Disclosure
8.4 Vipertech will not disclose customers’ personal or account information, or the contents of electronic communications or data it stores or transmits for them, to third parties except where: it is necessary to provide the service; it is necessary to protect the legitimate interests of Vipertech and its customers, or to identify, contact or bring legal action against someone causing harm or
interfering with rights or property; it is required by a court order, warrant or other valid legal process; or it is necessary to give to a law enforcement agency where the contents appear to relate to a crime.
Our own use of personal data
8.5 In the normal course of business we collect personal information from customers and prospective customers for billing, customer service, providing information and other legitimate business purposes. We rely on contract, legal obligation and legitimate interests as lawful bases. Information may be held in electronic and paper form and is kept only as long as needed for those purposes or as the law requires, for example financial records.
8.6 Individuals may request a copy of their personal information, and may ask for correction, erasure (where the law allows), restriction or to object to processing, by contacting email us. We will verify identity first and respond within one month. Individuals may complain to the Information Commissioner’s Office (ico.org.uk). Vipertech’s ICO registration reference is ZC263104.
8.7 We may use cookies on our websites. If you want to delete existing cookies or stop them being stored, refer to your browser’s help. Doing so may prevent access to some features. When you visit our sites we log your IP address and time of access, which may be used for research or fault investigation.
9. Liability
9.1 Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded.
9.2 Vipertech will provide the services with reasonable care and skill. Vipertech makes no “uptime” guarantee. To the extent permitted by law, all other warranties, express or implied, including of satisfactory quality and fitness for a particular purpose, are excluded.
9.3 Subject to clause 9.1, Vipertech is not liable for loss of profit, revenue, business, goodwill or anticipated savings, or for any indirect, special or consequential loss. Vipertech’s total liability to the customer arising from or in connection with the services, whether in contract, tort (including negligence) or otherwise, is limited in any 12-month period to the charges paid or payable by the customer for the services in that period.
9.4 The customer is responsible for backing up its own data. Subject to clauses 9.1 and 9.3, Vipertech is not responsible for loss of data arising from the failure or unavailability of backups, or for any inability to restore service after implementing its disaster recovery plan.
9.5 The customer will indemnify Vipertech, its officers and employees against claims, liabilities, losses and costs, including reasonable legal fees, arising from: material supplied or content hosted by the customer that infringes or is alleged to infringe a third party’s rights, including copyright; injury or property damage caused by products sold or distributed through the customer’s use of the services; and the customer’s violation of any law or of these terms, including where Vipertech is prosecuted or subject to a claim because of the customer’s activities.
9.6 Customers who provide hosting to others (resellers) must ensure their own customers comply with all applicable laws and these terms, and a reseller’s client’s breach is a breach by the reseller. Vipertech has no agreement or responsibility to a reseller’s customers, including if the reseller cancels its account.
10. General
10.1 Complaints. If you have a complaint, please contact support, sales or billing by email at email us or by telephone on 01423 206750. If our team cannot resolve it, it will be referred to a director, who will investigate and reply directly. You may also write to Vipertech IT Solutions Limited, Registered Office: 6 Airedale Terrace, Skipton BD23 2BA, United Kingdom, including your account domain name and as much detail as possible. Postal complaints may take longer to process.
10.2 Contracting party. This agreement is between the customer named in the customer details when ordering and Vipertech. If you buy on behalf of another party, specify the account owner’s details. Vipertech will communicate about the account only with the registered customer. Communications between Vipertech and the customer are private and are not to be shared with other parties.
10.3 Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control, including power or network failure, third-party provider outages, fire, flood, industrial action, or cyber attack despite reasonable precautions. This does not relieve the customer of its obligation to pay.
10.4 Assignment. Vipertech may assign, transfer or novate its rights and obligations under this agreement to another company, and the customer will cooperate with any novation. The customer may not assign or transfer its rights or obligations without Vipertech’s written consent.
10.5 Entire agreement and changes. These terms, together with the order and any written agreement signed by both parties, are the entire agreement between the parties for the services. Variations must be in writing, except for changes to these terms under clause 1.3.
10.6 Severability. If any provision is found to be unenforceable, the remaining provisions continue in force.
10.7 Notices. Notices may be given by email to the address held on file, or to email us for notices to Vipertech.
10.8 Third parties. A person who is not a party to this agreement has no right to enforce its terms.
10.9 Governing law. This agreement and any dispute arising from it are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.