Terms & Conditions

Terms & Conditions of Service

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Dedicated Server, Colocation, IP Transit, Storage and Rack Space Terms of Service (TOS) and Service Level Agreement (SLA) details:

These terms and conditions, Our Acceptable Use Policy, and where You have purchased Microsoft products the Microsoft End User Licence Terms comprise the whole agreement between YOU and US ("Contract"). This Contract explains our obligations to YOU and YOUR obligations to US in relation to the Service(s) you purchase. Poundhost Internet Limited's registered address is Acton House, Perdiswell Park, Worcester, WR3 7GD with company number 06333189.

  1. These are the Policies that may apply to you. These Terms and Conditions refer to the following additional policies, and documents which also apply to your use of our site:
    1. OUR Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our website, you warrant that all data provided by you is accurate.
    2. OUR Acceptable Use Policy (AUP), which sets out the permitted uses and prohibited uses of our site and services. When using our website, you must comply with this Acceptable Use Policy.
    3. OUR Cookie Policy, which sets out information about the cookies on our site.
    4. OUR Data Processing Agreement ("DPA") between you and Poundhost Internet Limited t/a SimplyHosting, if applicable. In case Poundhost Internet Limited processes personal data on your behalf as a data processor, the DPA available will apply. If you accept these Terms and Conditions, the relevant DPA will apply. If you do not process personal data as a data controller or data processor, no DPA will apply.
    5. OUR Service Level Agreement ('SLA').
    6. Where you have purchased Microsoft products, the Microsoft End User Licence Terms, will apply.
    7. Our Online Harms Procedure which sets out the process for reporting illegal content hosted by Simply Hosting.
  2. Terms of Service (ToS)
    1. In this Agreement, the following meanings shall have effect:
      1. "Business" i.e. a person (which includes companies) acting for the purpose of their trade, business or profession. In these terms and conditions "you" and "your" refer to each customer and its agents, including each person listed in your account information as being associated with your account.”
      2. "Consumer" i.e. a natural person (i.e. not a company) whose activity is outside of his or her trade, business or profession. In these terms and conditions "you" and "your" refer to each customer and its agents, including each person listed in your account information as being associated with your account.”
      3. "Equipment" means all Client equipment installed in the Premises
      4. "initial cancellation period" Means the 14-day period when YOU first enter into the contract with us.
      5. "Site" means a new location where YOUR / OUR Equipment will be located
      6. "Dedicated Servers" means a physical server used by YOU at our Premises/Site part of the Service(s)
      7. "Cloud Servers" means a virtual server used by YOU at our Premises/Site as part of the Service(s)
      8. "Parties" means US and YOU
      9. "Premises" means Poundhost Internet Limited, Unit 2, Smallmead Road, Reading, RG2 0QS, United Kingdom
      10. "WE"/"US"/"OUR" means Poundhost Internet Limited t/a SimplyHosting (company number 06333189)
      11. "YOU"/"YOUR" means the person or entity entering into the contract for Service(s) by virtue of ordering and paying for the Service(s)
      12. "Services(s)" means each individual Service ordered from US/UK including each VPS, each Dedicated Server, each Colocation space, IP transit, Storage and Rack Space
      13. "SLA" means the Service Level Agreement specifying the standard service level that WE aim to deliver to YOU in respect of each Service as specified further in Clause 5 below
    2. YOU are required to provide valid contact details, including a telephone number and email address and must inform US of any changes within 7 working days of such change.
    3. Payment terms for all invoices and services are strictly 7 (seven) days from date of invoice. Payments are made one month in advance for all services. All prices are, where applicable, subject to UK VAT at the prevailing rate.
    4. WE automatically charge an £8 + VAT late payment fee should YOUR payment reach US after the 7 day payment period from date of invoice. This will be invoiced separately to YOUR account and non-payment of this charge may lead to service suspension.
    5. After 7 days, YOUR account will be placed on hold and YOU will be denied access to the data centre and customer Portal. YOU will receive one reminder by e-mail prior to suspension of any Service you may receive from US. Please note that, if YOU have more than one Service with US, failure to pay any invoice in respect of any service will result in the suspension of all services and not just the one in default until payment is received.
    6. Failure to pay after a further 7 days will lead to immediate termination of all Services and possible loss of data if the server is owned by US. Co-located Servers will not be released until all payments have been settled. YOU will receive one reminder by e-mail prior to disconnection and cancellation.
    7. WE reserve the right to exercise our landlord's lien over co-located servers and equipment if any amounts remain outstanding 24 hours after the reminder regarding termination of service has been issued.
    8. If YOU are persistently late in settling YOUR account (defined as being placed on hold more than 3 times during your contract with US), we reserve the right in the event of subsequent late payments to put YOU on hold 24 hours after the first reminder of YOUR account being overdue is sent.
    9. OUR billing department operates 9-5:30pm, Monday-Friday excluding UK public holidays. Calls for reconnection, billing and accounts enquiries can only be dealt with by the billing department during these hours. Receipt of payment cannot be confirmed outside of these hours and confirmation of receipt of payment within these hours is explicitly subject to the availability of online banking facilities from our bankers.
    10. WE do not offer refunds for servers and Services purchased in advance.
    11. YOU must inform the Billing department at least 15 days before YOUR billing date if YOU intend to cancel. Cancellation requests should be sent via a Support Ticket in your customer portal.
    12. Failure to cancel in accordance with Clause 2.11 will result in YOUR account being charged for one extra month.
    13. For Consumers, for your rights to cancel this contract, please follow this link.
    14. Remote Hands Services, where not included as part of a product package, are charged at £30 per half-hour (30 minutes) plus VAT with the first five (5) minutes during business hours free of charge.
    15. All access requested need to be approved in writing at least 4 hours before visiting, 25 minutes if an emergency, via an access ticket raised through the customer Portal.
    16. OUR employees have every right and expectation to work in an atmosphere free of abuse, intimidation and harassment from OUR clients. Therefore, abuse towards OUR staff in the form of verbal or written abuse (including abuse via email or the ticket system) or anything else that WE deem to be offensive may result in cancellation of YOUR account with immediate effect and without compensation or refund for lost periods of service.
    17. If YOU have purchased an annual product, YOU are not automatically entitled to a pro-rata refund. Pro-rata refunds will only be provided on a discretionary basis.
    18. YOU cannot change your product term from an annual term to a monthly term until your renewal is due.
    19. If YOUR server is attacked (DoS) then WE reserve the right to remove YOUR server from OUR network without notice and without obligation to pay compensation apply service credits or refund any monies in respect of Service downtime.
    20. WE shall report, if appropriate, misuse or abuse of the Site by YOU to any regulatory authority or, in the case of criminal matters, the police.
    21. YOU agree not to use the service to do any of the following and it is expressly agreed between US and YOU that if there is any breach of this Clause WE may, without notice and without obligation to pay compensation apply service credits or refund any monies, suspend restrict or terminate your service if YOU:
      1. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene (illegal pornography), libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. Please note that IRC services may not be run on our network. Contact us for clarification where needed.
      2. Harm minors in any way.
      3. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. Forge headers or spoof or monitor/sniff IP packets.
      4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or Third Party Content transmitted via the Site.
      5. Upload, post or otherwise transmit any Third Party Content that you do not have a right to transmit under Law or under contractual or fiduciary relationships.
      6. Upload, post or otherwise transmit any Third Party Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
      7. Upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Site that are designated for such purpose.
      8. Upload, post or otherwise transmit any Third Party Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
      9. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
      10. Do anything that in the opinion of US is likely to bring the service into disrepute.
    22. YOU shall:
      1. co-operate with US in all matters relating to the Services;
      2. ensure that all Equipment is in good working order and suitable for the purposes for which it is used and conforms to all relevant United Kingdom standards or requirements;
      3. obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the Services, the installation of the Equipment and the use of the Equipment in relation to the Services insofar as such licences, consents and legislation relate to YOUR business, staff and equipment, in all cases before the date on which the Services are to commence;
      4. maintain at YOUR own cost with a reputable insurance company insurance cover against all risks which would normally be insured against by a prudent businessman (including without limitation, insurance in relation to the Equipment, any loss or damage caused to OUR property or OUR employees by the negligence or default of the YOU or YOUR employees or agents or caused by any malfunctioning of the Equipment, and any consequential loss or business interruption) and shall upon reasonable request provide US with evidence that such insurance is being maintained;
      5. not use any part of the Premises for any purpose other than for the location of the Equipment. For the avoidance of doubt YOU shall not use the Premises as YOUR registered office or address for correspondence and YOU acknowledge that YOU understand this requirement and that if there is any breach of this Clause WE may, without notice and without obligation to pay compensation, apply service credits or refund any monies, suspend restrict or terminate YOUR Service;
      6. comply at all times, and ensure YOUR visitors to the Premises comply at all times, with all applicable international, EU and UK legislation and health and safety regulations, and in particular (but without prejudice to the generality of the foregoing) with any such legislation regulating the use of the internet, including the Computer Misuse Act 1990 and the Data Protection Act 2018, and any legislation relating to electrical safety and testing of electrical items including (but not limited to) PAT testing;
      7. respond to any abuse complaints within 24 hours
      8. not do anything that may:
        1. compromise the security of the Premises;
        2. be dangerous or cause any nuisance, inconvenience or other disturbance to others at the Premises; or
        3. place US in breach of any covenants relating to the Premises or insurance Clauses as notified by US to YOU from time to time.
      9. not publish or cause anything to be published, whether in hard copy or by any electronic medium, that might constitute a passing off of YOU for US;
      10. not publish or cause anything to be published, whether in hard copy or by any electronic medium, that might imply an agency, partnership, representative or joint venture arrangement between YOU and US;
      11. not publish or cause anything to be published, whether in hard copy or by any electronic medium, which contains adverse or derogatory comments about US or any of its affiliates; and,
      12. provide the Supplier with contact details of the Client's Accounts, or Accounts payable, department.
    23. WE shall be entitled to require relocation of the Equipment within the Premises and/or to a new Site on minimum 7 days’ notice to YOU. WE shall use OUR reasonable endeavours to ensure that the disruption caused to YOUR business is kept to a minimum. WE shall not be liable for any consequential or economic losses caused by disruption to YOUR business.
    24. If a natural person, YOU must be at least 18 years of age at the date of ordering the Service. Any Minor must have a parent or guardian sign the contract and such parent or guardian, by signing, accepts full financial and legal responsibility for their entire obligations under this contract and agrees to meet all payments due under the contract. A parent or guardian who signs the contract on behalf of a Minor continues to be responsible for, and continues to agree to meet the obligations under, this contract, even when the Minor has attained 18 years of age, unless WE have explicitly agreed in writing to transfer the contract into the name of the Minor.
    25. Data Storage (iSCSI) additional terms:
      1. WE will endeavour to provide a full and fault free service at all times
      2. It is YOUR own responsibility to encrypt YOUR data before transmission onto our network. WE do not encrypt any data that YOU may send to or store on OUR storage systems.
      3. In the unlikely event of data loss WE will not be held responsible for any losses you may incur. WE recommend that YOU make YOUR own daily data backups at all times to minimise any impact should a data loss occur.
      4. If YOU have 2-way replication YOU will receive a Service Level Agreement (SLA) for any outage periods, should they occur, as detailed below. If YOU have 1-way replication YOU will be notified at least 7 days in advance of any maintenance works that may require YOUR service to be temporarily interrupted.
    26. Under Regulation 10 of The Consumer Protection (Distance Selling) Regulations 2000, YOU may have the right to cancel this Agreement for seven working days after the day after this Agreement has come into effect by virtue of YOU placing YOUR order. However, if you specify an order start date prior to the expiry of seven working days then YOU will lose YOUR right to cancel from the date that access to OUR Service is given.
    27. Obligations in respect of RIPE IP Addresses

      If the YOU obtain a RIPE IP Address via US as the sponsoring LIR, then the following provisions apply:

      1. WE hereby acknowledge that WE ARE solely responsible for liaising with YOU to keep registration records up-to-date;
      2. WE hereby acknowledge OUR duty to ensure that such registration records are made available to RIPE NCC on a timely basis;
      3. YOU acknowledge YOUR obligation to provide up-to-date registration data to US, including timely reporting of any domain changes, and YOU specifically agree that some or all of this registration data will be published in RIPE NCC's WHOIS database;
      4. YOU hereby irrevocably agree that the provision of a RIPE IP Address is personal to YOU and that such RIPE IP Address may not be assigned, novated or otherwise transferred to any other party (save that this Clause 1.26.4 does not act to prevent a transfer back to RIPE NCC in the circumstances set out in the remainder of this Clause 1.26);
      5. in consideration for the provision of the RIPE IP Address, YOU agree to pay to US the fees as invoiced;
      6. YOU acknowledge YOUR obligations, and irrevocably agree, to use the RIPE IP Address in accordance with and subject to the policies of RIPE NCC as published on the RIPE NCC's website (as from time to time amended);
      7. YOU agree to put the assigned RIPE IP Addresses into operational use over a timeframe which shall not exceed 12 months;
      8. YOU irrevocably agree that RIPE IP Address will be forfeited and returned by default to RIPE NCC, without compensation or re-imbursement, upon the happening of any one or more of the following events:
        1. YOU cannot be contacted;
        2. YOU fail to make use of the RIPE IP Address in accordance within the timeframe specified in these terms (when such unused numbers will revert to the RIPE NCC);
        3. YOU fails to pay on the due date the fees due to be paid to US;
        4. YOU fail to update (on at least a quarterly basis) the registration data to US;
        5. YOU fail to use the RIPE IP Address in full conformity with RIPE NCC's published policies, as from time to time in force;
        6. the Contract is terminated by reason of any of the events in Clauses 1.6, 1.19 or 1.20.
    28. Obligations in respect of Poundhost IP Addresses

      If YOU obtain a Poundhost IP Address, then the following will apply:

      1. YOU acknowledge that IP Addresses are in increasingly short supply and that it is only proper for US to monitor and manage how to distribute them;
      2. YOU agree to put the assigned RIPE IP Addresses into operational use over a timeframe which shall not exceed 12 months;
      3. YOU irrevocably agree that RIPE IP Address will be forfeited and returned by default to RIPE NCC, without compensation or re-imbursement, upon the happening of any one or more of the following events:
        1. YOU cannot be contacted;
        2. YOU fail to make use of the RIPE IP Address in accordance within the timeframe set out in these terms (when such unused numbers will revert to the RIPE NCC);
        3. YOU fails to pay on the due date the fees due to be paid to US;
        4. YOU fail to use the RIPE IP Address in full conformity with RIPE NCC's published policies, as from time to time in force;
        5. the Contract is terminated by reason of any of the events in Clauses 2.6, 2.19 or 2.20.
    29. We reserve the right to periodically review and increase the charges that may be payable for the provision of any products or services at any time.
  3. Data Protection

    YOU must comply with all applicable legal requirements when you are using our products and services. Such legal requirements include, but are not limited to, the Data Protection Act 2018, the General Data Protection Regulation (GDPR) (EU) 2016/679 (whilst it is still applicable), the Privacy and Electronic Communications Regulations 2003, and the Computer Misuse Act 1990.

    We recognise OUR obligations under both Data Protection legislation and under contract to maintain the confidentiality of YOUR data so far as it is known to US. However, there are circumstances in which such data may need to be disclosed to third parties as follows:

    1. YOU acknowledge and agree that details of the YOUR name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of US in connection with the Services.
    2. YOU acknowledge and agree that details of the Client's name, address and assigned IP Addresses may be released to law enforcement agencies upon production of valid notices and/or to third parties upon service of a valid disclosure notice issued by a court of competent jurisdiction.
    3. YOU acknowledge and agree that details of YOUR name, address, telephone and fax numbers together with email address(es) and assigned IP Addresses may be released to the RIPE NCC to ensure that both WE and YOU fulfil their obligations under prevailing RIPE policies and that such data may be published in whole or in part in the RIPE WHOIS database.
    4. YOU are responsible for the security and confidentiality of your username and password.
    5. YOUR use of the Service signifies your consent to US collecting and using personal information about YOU in accordance with these terms and conditions.
    6. WE use the personal information collected about YOU to let YOU know about new goods, services or offers.
  4. Limitation of Liability
    1. This Clause 4 sets out OUR entire financial liability (including any liability for the acts or omissions of OUR employees, agents, consultants, and subcontractors) to YOU in respect of:
      1. any breach of the Contract;
      2. any use made by YOU of the Services, or any part of them;
      3. any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract; and
      4. any liability arising under Clause 2.22.
    2. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
    3. Nothing in these Clauses limits or excludes OUR liability:
      1. for death or personal injury resulting from negligence; or
      2. for any damage or liability incurred by YOU as a result of fraud or fraudulent misrepresentation by US.
    4. Subject to Clause 4.2 and Clause 4.3:
      1. WE shall not be liable for:
        1. loss of profits; or
        2. loss of business; or
        3. depletion of goodwill and/or similar losses; or
        4. loss of anticipated savings; or
        5. loss of goods; or
        6. loss of contract; or
        7. loss of use; or
        8. loss of or corruption of data or information; or
        9. delay or inability to use the Service or a Linked Service; or
        10. reliance upon Third Party Content; or
        11. loss of confidentiality; or
        12. termination of your access; or
        13. virus transmitted; or
        14. failure of communication media; or
        15. unauthorised access to your server/computer; or
        16. theft; or
        17. loss of, or damage to, any data or other information or property; or
        18. any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; or,
        19. any consequences arising from a Minor's use of OUR Premises or Services or any consequence arising from the Minor's age or legal incapacity.
      2. OUR total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to the Service Level Agreement Credits as specified in Clause 5 below and YOU expressly confirm that YOU agree that there are no other rights or remedies available at Law.
  5. OUR Service Level Agreement ('SLA') can be found on the SimplyHosting website.
  6. Force Majeure
    1. Force majeure is in any case (but not exclusively) understood to mean: malfunctions or failures of internet, data, network, electricity and telecommunication infrastructure and facilities, widespread cyber-attacks, cybercrime, network attacks, (D)DoS attacks, power failures, defectiveness of goods or software of which you have prescribed the use to the Supplier, any act of God, lightning or fire, domestic disturbances, government measures, mobilization, war, terrorist attacks, obstruction in transport, strike, lockout, business disruptions, stagnation in supplies, unavailability of one or more staff members (due to illness), epidemics, pandemics, import and export barriers.
    2. The party suffering the event of force majeure shall not be deemed to be in breach of these term and conditions or otherwise liable to the other party for any delay in performance or any non-performance of any obligations (and the time for performance shall be extended accordingly) if and to the extent that the delay or non-performance is due to an event of force majeure. This clause does not extend to the obligation to pay any amounts due and owing.
    3. If the event of force majeure continues for a continuous period in excess of one (1) month after the date on which it began, the other party may give notice to the party suffering the event of force majeure terminating this agreement. The notice to terminate must specify the termination date, which must be not less than seven (7) clear days after the date on which the notice to terminate is given. Once a notice to terminate has been validly given, this agreement will terminate on the termination date set out in the notice.
  7. Variation

    WE may, from time to time change any part of this Agreement and will post such changes to our website (www.simplyhosting.com/info/terms/change-to-terms).

  8. Waiver
    1. A waiver of any right under the Contract is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
    2. Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
  9. Severance
    1. If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
    2. If a provision of the Contract (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
  10. Entire Agreement
    1. The Contract constitutes the whole agreement between the Parties and supersedes all previous agreements between the Parties relating to its subject matter.
    2. Each Party acknowledge that, in entering into the Contract, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than for breach of contract).
    3. Any typographical, clerical or other error in any sales literature, marketing materials, quotation, price list or other Document issued by US or contained on any part of the OUR website shall be subject to correction without any liability on the part of US. For the avoidance of doubt, OUR brochure and other sales literature or marketing materials either appearing on OUR website or in printed form are not incorporated into and do not form part of the Contract.
    4. Nothing in this Clause shall limit or exclude any liability for fraud.
  11. Assignment
    1. YOU/YOUR Client may not assign, in whole or in part, YOUR rights under the Contract.
    2. WE are entitled, upon giving 14 days written notice, to assign the whole or part of its rights under the Contract to another company where applicable.
    3. Each party that has rights under the Contract is acting on its own behalf and not for the benefit of another person.
  12. No Partnership or Agency

    Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

  13. Rights of Third Parties

    The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and no person other than the parties to this agreement shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties

  14. Notices
    1. Any notice or other communication required to be given under the Contract shall be in writing and shall be delivered personally, or sent by pre-paid first-class post, recorded delivery or by commercial courier to the other party and for the attention of the person specified in the Order Form, or as otherwise specified by the relevant party by notice in writing to the other party.
    2. Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address and for the contact referred to in the Order Form or, if sent by pre-paid first-class post or recorded delivery, at 9:00am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.
    3. This Clause 14 shall not apply to the service of any proceedings or other documents in any legal action.
    4. A notice or other communication required to be given under or in connection with the Contract shall be validly served if sent by email. If sent by email, it shall be deemed to be duly received at the time sent.
  15. Limitation Period, Governing Law and Jurisdiction
    1. Notwithstanding any other provision of the Contract, no proceedings shall be commenced against US under the Contract more than six (6) months after the event giving rise to the proceedings has occurred (save in the event of fraud or deliberate concealment by US).
    2. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
    3. The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter.
  16. Overusage - Additional Power / Bandwidth / Data Transfer / Monthly Transfer
    1. If YOU exceed the bandwidth / transfer limits set out for the servers and Services purchased then WE reserve the right to make additional charges for all usage above the permitted bandwidth / transfer per server and Services purchased at its then prevailing charge rate as published. WE will endeavour to notify YOU when YOUR bandwidth use exceeds the limits for the servers and Services Purchased, however it is YOUR responsibility to monitor the bandwidth being used from time to time using the Portal.
    2. If YOUR server causes network issues for other customers in the rack, WE reserve the right to limit the amount of bandwidth / data transfer YOUR server can push through the network. This applies to all customers regardless including those paying for 1 Gbps port.
    3. If YOU exceed the inclusive power limits set out for the Services purchased per Equipment then WE reserve the right to make additional charges for all usage above the permitted / inclusive power per Equipment / Services purchased at its then prevailing charge rate as published. It is YOUR responsibility to monitor the power being used by your Equipment.
  17. Complaints

    In the unlikely event that you are not satisfied with our products and services, please see our Code of Practice (www.simplyhosting.com/info/terms/terms-of-service). If we are not able to satisfy your complaint about our services, then your complaint can also be addressed to the Online Dispute Resolution website at https://ec.europa.eu/consumers/odr an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out-of-court. If you wish to use the Online Dispute Resolution service please also contact us at ADR@simplyhosting.com.

  18. Cancellation rights for Consumer contracts entered into on or after the 13th June 2014
    1. Instructions for initial cancellation
      1. When You first enter into a contract with US YOU have the right to cancel this contract within 14 days without giving any reason. This initial cancellation period will expire after 14 days from the day you first enter into the contract with us (conclusion of the contract).
      2. To exercise the initial right to cancel, you must inform us at Poundhost, Acton House, Perdiswell Park, Worcester, WR3 7GD of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
      3. You may use the attached model cancellation form, but it is not obligatory. You can also electronically fill in and submit the model cancellation form or any other clear statement on our website www.simplyhosting.com or through your control panel. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
      4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
    2. Effects of cancellation
      1. If you cancel this contract, we will reimburse to you all payments received from you. However, if you have requested that we start providing services to you during the 14 day cancellation period, on cancellation, you will pay us an amount which is in proportion to the cost of services which have been provided to you to that point.
      2. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
    3. Cancellation after the initial cancellation period
      1. After the initial cancellation period if you wish to cancel YOU must inform the Billing Department at least 2 working days before YOUR billing date if YOU intend to cancel. Cancellation requests must be sent to Billing@simplyhosting.com and a support ticket should also be raised. Failure to cancel in accordance with this clause will result in YOUR account being charged fees for one extra month.
  19. Sanctions
    1. The services described in these Terms and Conditions may be subject to export controls/restrictions of the UK. Our services shall not be re-exported, sold, transferred or otherwise used to render services to Embargoed Countries (more information can be found here https://www.gov.uk/guidance/current-arms-embargoes-and-other-restrictions), or to or through a sanctioned national or resident of such countries.
    2. If you or your end customers use or access the services in contravention of the rules set out by the UK government, you shall be solely responsible for this. You undertake to be fully compliant with all applicable laws, including without limitation the export and import regulations set by the UK.
    3. You represent and warrant that none of the content or information acquired through the use of the services will be used for any harmful or illegal purpose, including, without limitation, any of the activities, supplies or services listed in the resolutions issued by the UK Government, unless expressly authorised for such purposes by a competent governmental authority. Further, you undertake to make sure that your customers will abide by the applicable regulations.
    4. We may immediately terminate our agreement with you if you or any of your affiliates, officers, employees, contract employees, directors and/or agents breach the obligation to comply with the export laws regarding Embargoed Countries.

Download the necessary cancellation form

Schedule A - Managed VPS

  1. Definitions
    In this Schedule:
    1. "Agreed Service Level" means the levels of performance and service to be provided by PoundHost Internet Limited T/A Simply Hosting & Servers (Simply Hosting) to the customer;
    2. "Equipment" means all customer equipment installed in the Premises;
    3. "Hardware" means the equipment, cabling and systems provided by Simply Hosting in connection with the Services;
    4. "Invoice" means the email sent to the customer’s email address provided at the time of taking out the Services and which details the Services the customer has purchased and the payments due, the invoice is also available in the customer Portal;
    5. "Party/Parties" means Simply Hosting and the customer collectively;
    6. "Premises" means our Reading Data Centre;
    7. "Services" means the internet related services which are supplied by Simply Hosting on and subject to the Terms in these Conditions;
    8. "Services Disruption" means any disruption in the Services which causes a failure to meet the Service Level Agreement as a result of any failure of the Hardware, Software or Simply Hosting personnel who provide the Services and which does not result from any breach by the customer of these Conditions, and or a Force Majeure Event;
    9. "Software" means all the computer software programs provided by Simply Hosting in connection with the Services;
    10. "Contract" means a Contract for the provision of the Services made between Simply Hosting and the customer;
    11. "Notified Maintenance" means essential maintenance to be carried out by Simply Hosting in relation to the Services, Hardware and/or Software, which has been notified to the customer at least three (3) days prior to its commencement where possible;
    12. "IPRs" means any and all intellectual property rights including without limit any and all patents, design rights, database rights, copyright, know-how, moral rights, trade secrets, confidential information, trademarks, service marks, trade names and goodwill;
    13. "User" means any individuals and businesses who access the Internet web site(s) hosted on the Hardware in connection with the Services;
    14. "Working Day" means any day which is not a Saturday, a Sunday or a bank or public holiday in England;
    15. "SLA" means the Service Level Agreement specifying the standard service level that we aim to deliver to you in respect of each Service as specified in our Agreement;
    16. "Servers" means managed and unmanaged Dedicated and Virtual Servers and Cloud Based servers.
  2. Provision of information – your obligations
    1. You agree with us to:
      1. provide certain true, current, complete and accurate information about you as required by the application process; and
      2. maintain and update the information you provide to us from the date you enter into a Contract with us.
    2. We rely on this information to send you important information and notices regarding your account and our Services.
    3. You must ensure that all information submitted is correct as we may not be able to rectify errors.
    4. On an ongoing basis you will maintain accurate contact information in the Customer Portal. We shall not accept liability for any loss resulting from inaccurate contact information.
  3. The Services
    1. We agree to provide our Services to you, for the exclusive use, excepting maintenance of the hardware, at the price agreed upon in the agreement. You represent and warrant that you have or have access to the knowledge and expertise necessary to configure, maintain, monitor, secure and use the Services.
    2. We may need to change the Services as a result of legislative, regulatory or other changes requiring us to do so. We will endeavour to provide you with not less than twenty-one (21) days’ notice in advance of such alterations taking effect, but shall not guarantee that we will always do so.
    3. We may also need to temporarily suspend the Services without notice in order to repair, maintain, replace or improve the Services or our network, or in an emergency. If we need to do this, we will try to keep you informed and will try to keep interruptions to a minimum, but we cannot always guarantee to do so.
    4. Unless otherwise indicated the Services do not include back up of your data. You are responsible for the back-up of your own files and data, for your own internal network and all equipment that is connected to the Internet. In particular, it is your responsibility to ensure that your firewalls and anti-virus protection are kept up-to-date and are sufficient for your needs.
  4. Administrative Access
    1. Administrative access to the Services is limited to you and your authorised agents. As a general rule, we have no access to the contents of your server. Nevertheless, we reserve the right to require, at our discretion, software and/or hardware upgrades for the purposes of maintaining security and stability of the Services provided and may require the installation of such upgrades. Standard fees for such upgrades shall be set by us from time to time.
  5. Bandwidth Charges
    1. There shall be no charge for monthly aggregate or daily average network transfer within the allowance of the Services purchased, depending on the terms agreed upon at purchase, as measured during any thirty (30) day period. Monthly aggregate or daily average network traffic in excess of any pre-arranged allowance shall incur an additional fee set at our sole discretion. Payment of this fee will be required in order to maintain service. Network traffic shall be measured by us and may include all forms of traffic to and from the server. All fees shall be set and adjusted by us from time to time and published on our website.
  6. Your Obligations
    1. We shall report, if appropriate, misuse or abuse of the Service by you to any regulatory authority or, in the case of criminal matters, the police.
    2. You agree not to use the Services, Hardware and or Software to do any of the following and it is expressly agreed between us and you that if there is any breach of this Clause 6 we may, without further notice to you and without obligation to pay compensation apply service credits or refund any monies, suspend, restrict or terminate your Services if you:
      1. Upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene (illegal pornography), libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Please note that Internet Relay Chat (IRC) services may not be run on our network. Contact us for clarification where needed;
      2. Harm minors in any way;
      3. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
      4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or third party content transmitted via the Services;
      5. Upload, post or otherwise transmit any third party content that you do not have a right to transmit under law or under contractual or fiduciary relationships;
      6. Upload, post or otherwise transmit any third party content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
      7. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Services that are designated for such purpose;
      8. Upload, post or otherwise transmit any third party content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      9. Use any of our servers or our Service to carry out, or assist in the carrying out of any “Denial of Service” (DoS) or “Distributed Denial of Service” (DDoS) attacks on any other website or internet service.
      10. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; or
      11. Do anything that in the opinion of us is likely to bring the Service into disrepute.
  7. Charges and Payment Methods
    1. You shall pay the price for the Services as detailed in the invoice.
    2. The price covers permitted bandwidth (agreed connection rate) as stated in the invoice. If you exceed the limits set out in the invoice, then we reserve the right to make additional charges for all usage above the permitted bandwidth at our then prevailing charge rate as published. We will endeavour to notify you when your bandwidth use exceeds the limits agreed, however it is your responsibility to monitor the bandwidth being used from time to time using the Customer Portal .
    3. All prices quoted to you for the provision of Services by us are exclusive of any VAT for which you may be additionally liable at the applicable rate.
    4. Where the Services are purchased with a set-up fee, this fee is payable immediately.
    5. The price and all other amounts due as confirmed on the invoice shall be paid by you by the due date. Payment shall be made in full without any abatement, set off or deduction on any grounds.
    6. Payment terms for all invoices and Services must be received by the due date. Payments are made one month in advance for all Services. If you do not make payment on the due date, we will:
      1. be entitled to charge you interest on the amount owing (both before and after judgment) on the amount unpaid at the rate of 4% per annum above the base rate from time to time of Barclays Bank PLC, such interest accruing on a daily basis from the date that payment falls due until the date that payment is made in full, and/or
      2. suspend the Service(s) until payment is made in full, and/or
      3. terminate the Contract in whole or in part and cease providing the Service(s).
    7. If you are persistently late in settling your account (defined as being placed on hold more than three (3) times during your Contract with us), we reserve the right in the event of subsequent late payments to put you on hold twenty-four (24) hours after the first reminder of your account being overdue is sent.
    8. We do not offer refunds for servers and Services purchased in advance. Please refer to our website for our Refund Policy in the Terms of service .
    9. If your server is attacked (DoS) then we reserve the right to remove your server from our network without notice and without obligation to pay compensation, apply service credits or refund any monies in respect of Service downtime.
    10. Where payment is made by credit/debit card initially, you expressly authorise us to charge recurring billing as appropriate, until you give written notice otherwise to us (in line with the time frames in clause 8) and the credit/debit card company, or the Services are terminated.
  8. Termination and Cancellation
    1. If you terminate the Contract during the initial subscription period as specified in the Terms of Service applicable to the service, or the acknowledgement of order, as the case may be, we may be entitled to charge you a cancellation fee equivalent to the subscription fee for the initial period, less any sums paid by you for that initial period. Please refer to the Terms of Service for more information on this.
    2. We may, at our sole discretion and without prejudice to any rights have to terminate the Contract, suspend the provision of the Service(s) immediately on sending you written notice via the Customer Portal if we are entitled to terminate the Contract, or we need to comply with an order, instruction or request of government, an emergency services organisation or other competent administrative or regulatory authority which affects our ability to provide the service, or we reasonably believe you will fail to pay any amount due under the Contract.
    3. You must inform the billing department at least fifteen (15) days before your invoice due date if you intend to cancel.
    4. Failure to cancel in accordance with this Clause 8 will result in your account being charged for one extra month.
  9. Intellectual Property, Licence and Ownership
    1. All Intellectual Property Rights to the Services, hardware and/or software including without limit any Internet Protocol Addresses (IPAs) assigned to the Client are and shall remain our property. We reserve the right to change the IPAs assigned to the client at any time, however we shall endeavour to give reasonable notice of the change and shall use reasonable endeavours to reduce disruption to the Client resulting from such changes.
    2. Title to the Hardware and Software (both legal and equitable) is and shall at all times remain with us and you shall keep the Software and Hardware free of all charges, liens and encumbrances and protect it from any and all judicial process.
    3. We grant to you a non-exclusive non-transferable licence to use the Software on the Hardware and in conjunction with the Services and except as provided for in these Conditions you are not permitted to sub-licence any rights granted under the Conditions to any third party. You agree that you will not in yourself, or through a third party:
      1. Copy the Software, except as is necessary to install on Hardware and for internal archiving purposes. In the event that you make any copies of the Software, you shall reproduce all proprietary notices on such copies;
      2. Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Software;
      3. Sell, lease, licence or sub-licence the Software or associated documentation; or
      4. Write or develop any derivative or other software programs based, in whole or in part, upon the Software or any confidential information.
  10. Limitation of Liability
    1. This Clause 10 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, consultants, and subcontractors) to you in respect of:
      1. any breach of the Contract;
      2. any use made by you of the Services, or any part of them;
      3. any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
    2. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
    3. Nothing in this Clause 10 limits or excludes our liability:
      1. for death or personal injury resulting from negligence; or
      2. for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
  11. Personal Information
    1. You acknowledge and agree that details of your name, address, telephone and fax numbers together with email address(es) and assigned IP addresses may be released to the RIPE NCC to ensure that both we and you fulfil their obligations under prevailing RIPE policies and that such data may be published in whole or in part in the RIPE WHOIS database.
    2. You are responsible for the security and confidentiality of your username and password.
  12. Security
    1. It is your sole responsibility to maintain and update security software on the server. You are also responsible for all the content you upload onto the server. Under no circumstance will we be held liable for security breaches and damage caused by your failure to maintain or update the security software or to maintain adequate security protocols in the administration of the server. It is our responsibility to apply security patches to the server.
    2. You agree that if the security of your server has been compromised in any way, then you will notify us immediately in writing. You shall be held fully responsible for any misuse or compromise of your server for which we are not properly notified. You agree that if any security contraventions are believed to have occurred in association with your server, we have the right to suspend access to the server pending an investigation and resolution. You also agree that we have the right to cooperate in any government or legal investigation regarding any aspect of our services, including any servers used by you. Any use of our system to engage in software piracy or other contraventions of law will result in service suspension and be immediately reported to the appropriate authorities.
    3. Without special agreement we are not obliged to undertake back-up of data. It is your obligation to back-up any data you wish to retain.
  13. Force Majeure
    1. 'An event of force majeure' means, in relation to either party, an event or circumstance beyond the reasonable control of that party including (without limitation) any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out or trade dispute or labour disturbance, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet service provider, war, military operations, act of terrorism or riot, delay or failure in manufacture, production or supply by third parties of equipment or services.
    2. The party suffering the event of force majeure shall not be deemed to be in breach of this agreement or otherwise liable to the other party for any delay in performance or any non-performance of any obligations under this agreement (and the time for performance shall be extended accordingly) if and to the extent that the delay or non-performance is due to an event of force majeure.
    3. If the event of force majeure in question prevails for a continuous period in excess of one (1) month after the date on which it began, the other party may give notice to the party suffering the event of force majeure terminating this agreement. The notice to terminate must specify the termination date, which must be not less than seven (7) clear days after the date on which the notice to terminate is given. Once a notice to terminate has been validly given, this agreement will terminate on the termination date set out in the notice.
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