Hosting - Terms

Payment of Hosting Services

Web hosting is payable yearly in advance. No refunds are given if hosting is cancelled.

Web hosting accounts will be suspended 2 weeks after the invoice is due if payment has not been received. This means that a website won't be visible to visitors. It can be restored on full payment of the invoice.

Host Server Uptime Guarantee
Our hosting supplier guarantees 100% uptime for your server, this guarantee covers 3 key areas in the event of unscheduled service downtime.

Network
The network has been carefully engineered from the ground up to provide diverse N+1 redundancy at every point. Only premium bandwidth providers are used, as well as top of the range networking hardware. Hosting guarantee 100% uptime, which is defined as the connection from the network card on your server to the outbound port of the datacentre.

In the event of a network outage service will be resumed as quickly as possible.

Infrastructure
Fully redundant uninterruptible power supply (UPS) systems as well as backup generators during utility power outages. Environment temperature is monitored and maintained by multiple air conditioning systems (full N+1 redundancy).
In the event of a network outage service will be resumed as quickly as possible.

Hardware
Our hosting supplier guarantees guarantees the functionality of all server hardware components and will replace any failed component at no cost to the client. Hardware is defined as the Processor(s), RAM, Hard Disk(s), Motherboard, NIC card, and other hardware component within a physical server.

Hardware replacement will begin immediately upon identification of the hardware fault and is guaranteed to be complete within 2 hours of identification.

Limitations
Delays that occur outside Hosting's routers caused by ISP failures, congestion, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications, or third party services (including DNS propagation) resulting in degradation of service cannot be guaranteed.

The time required to replace hardware does not include software re-installation and/or data recovery from backups (this recovery time frame depends entirely on the size of disk and amount of data involved).

Content
Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue.

SPAM and Unsolicited Email
Giraffe Design takes a zero tolerance approach to the sending of Unsolicited Email (SPAM). Very simply this means that clients may not use or permit others to use our service for sending SPAM Emails.

"Catch All" Email Accounts
Giraffe Design does not allow the use of "catch all" email accounts. This practice is out-of-date and causes extreme surges of spam, both for you and for our spam filtering servers.

Support
Giraffe provides technical support Monday-Friday (with limited support at weekends).

Bandwidth
Giraffe Design provides unlimited bandwidth   h, however individual host packages may have set limits. These limits and bandwidth usage are monitored. If bandwidth requirements exceed set limit then additional resources can be added to clients host account at an additional monthly cost.

Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
  • strikes, lock-outs or other industrial action;
  • 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;
  • impossibility of the use of public or private telecommunications networks; and
  • the acts, decrees, legislation, regulations or restrictions of any government.
  • Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Our liability
We do not monitor and will not have any liability for your material or any other communication you transmit by virtue of the Hosting Services.

Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider

No guarantee or representation is given that the Hosting Services will be free from security incidents or unauthorised users.
All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.

We do not exclude or limit in any way our liability:

  • for death or personal injury caused by our negligence;
  • under section 2(3) of the Consumer Protection Act 1987
  • for fraud or fraudulent misrepresentation
  • for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability

We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:

  • loss of income or revenue
  • loss of business
  • loss of profits or contracts
  • loss of anticipated savings
  • loss of goodwill
  • loss of software or data
  • wasted expenditure (such as pay per click advertising costs)
  • wasted management or office time

You are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).