This page tells you the terms and conditions on which we supply our services described on our website www.growlast.com to you (“Services”). Our primary services are website hosting service (“Hosting Service”) or a domain name registration and renewal service (“Domain Registration and Renewal Service”)
Please read these terms and conditions carefully before ordering any Services from our website. By ordering any of our Services, you will be bound by these terms and conditions. Refusal to accept these Terms and Conditions will result in no Services from our website being able to be ordered. Our Data Processing Agreement under the European General Data Protection Regulation (GDPR) forms part of these terms and conditions. We would recommend you read through the terms carefully, printing a copy of your records if required.
1. INFORMATION ABOUT US
- 1.1. www.growlast.com is a site operated by GrowLast (“we”, “us” and “our”). We are registered in England and Wales.
- Please note that by placing an order for the Services, you consent to us sending to you our regular newsletter by email. This forms our primary method of communicating with you and will inform you of any changes to our services, billing, planned maintenance and account access information.
- 1.2 Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between us both
2. YOUR STATUS
- 2.1. By placing an order through our website, you warrant that:
- 2.1.1. you are legally capable of entering into binding contracts
- 2.1.2. you are at least 18 years old.
- 2.2. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.
3. THE ORDER PROCESS
- 3.1. You can only place an order with us for Services once you have successfully registered an account with us. Information that you provide while registering an account with us must be complete and accurate. By creating an account you agree that we may block access to the account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your user name and password private at all times and not allow anyone else to use it. You must contact us should you believe that your username or password has become known to someone else.
- 3.2. Before you submit an order you will be shown a summary on screen including details of the Services you have wish to order and the price payable. There will be an option to amend/correct and errors before proceeding to completion of the order.
- 3.3. Before being able to submit an order you will be required to register a credit or debit card. We also accept paperless direct debit, however you may need to use a credit or debit card on your first order.
- 3.4. Once an order has been placed, we will provide you with confirmation of the Services you have ordered. This confirmation will be sent to the email address registered to your account. Copies of previous invoices will be stored on your account.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- 4.1. After placing an order, you will receive an e-mail from us accepting your order and, if appropriate, letting you know that the Hosting Service you have purchased has been activated (“Acceptance Confirmation”). Your order constitutes an offer to us to buy our Services and all orders are subject to our acceptance.
- 4.2. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.
- 4.3. The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed.
5. OUR STATUS
- 5.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.
- 5.2. Any disclaimer does not affect your statutory rights against the third party seller.
6. CONSUMER RIGHTS
- 6.1. If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Contract Regulations 2013 allow you to cancel the Contract at any time within 14 working days, beginning on the day after you received the Acceptance Confirmation.
- 6.2. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancelation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Contract Regulations 2013
- 6.3. This provision does not otherwise affect your statutory rights.
7. OUR LIMITED MONEY BACK GUARANTEE
- 7.1. Once the Contact has been formed you may cancel the Contract in relation to the Hosting Service you have purchased.
- 7.2. In such cases, you may cancel at any time within 30 days, beginning on the day after you received the Acceptance Confirmation. If you do so, you will receive a full refund of the price paid for the Hosting Service you have ccanceled We will refund the price you have paid to the credit card, debit card or other account you used to make that payment. No other refund will be made. Limited to one per customer.
- 7.3. To cancel the Contract you must inform by raising a support ticket before the end of the 30 day period mentioned in clause G(b) above. As part of our ccancelationprocess, we will respond to you to confirm your cacancelationequest. You must re-confirm your cancancelationquest by replying to this confirmation or we will continue to supply the Hosting Service and your canccancelationl be ineffective. This is to ensure that we do not delete any data you need to retain.
- 7.4. In summary, the Services which may not be cacancelednder the limited money back guarantee include (but are not limited to):
- 7.4.1. Domain Registration and Domain Registration Renewals.
- 7.4.2. Private SSL certificates.
- 7.4.3. Virtual Nameservers and other ‘add on’ products.
- 7.4.4. Virtual Private Servers (VPS) and associated products.
8. PRICE AND PAYMENT
- 8.1. The price of any Services will be as quoted on our website (exclusive of VAT).
- 8.2. The total cost of your order of the Services will be set out clearly before you submit your order for the Services.
- 8.3. Prices are liable to change at any time. We will notify you of a change in our prices at least 14 days before the price increase comes into force. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to your account.
- 8.4. Due to the number of Services offered for sale, it is possible that despite our efforts some Services may be incorrectly priced. We deal with these situations accordingly:
- 8.4.1 Where a Service’s correct price is less than our stated price, we will charge the lower amount when accepting your order;
- 8.4.2 If a Service’s correct price is higher than the price stated on our website, we will normally, contact you for instructions before accepting your order; and
- 8.4.3 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation
- 8.5. We reserve the right to seek to recover any outstanding amounts due by you by other means, including referring the debt to an external debt recovery agent if necessary. If this method is sought, you may become liable for additional fees and charges and you agree to pay such charges in addition to the outstanding amount owed to us.
- 8.6. Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If your chosen method of payment is not authorized by your credit card provider or bank, you hereby authorize us to seek payment from any other credit card, debit card or direct debit registered against your account.
- 8.7. If we fail to authorize payment your account may be suspended.
9. QUALITY
- 9.1. We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.
- 9.2. We will not be liable for a breach of the warranty provided above unless:
- 9.2.1. you give written notice of the breach to us
- 9.2.2. we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you
- 9.2.3. the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any)
- 9.2.4. you alter the Services without our written consent
- 9.2.5. the problem arises because of misuse
- 9.3. If we are in breach of the warranty in accordance with the clause above we will, use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price.
- 9.4. By accepting these terms, you acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.
10. ACCESS TO THE HOSTING SERVICE
- 10.1. It is your responsibility to ensure that necessary arrangements for access to our Hosting Services are in place.
- 10.2. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions (and in particular our acceptable use policy).
11. HOSTING SERVICE SERVICE LEVELS
- 11.1. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavors to keep downtime to a minimum.
12. IP ADDRESSES
- 12.1. You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you throughout use of upon the expiry or termination of Services.
- 12.2. Any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.
- 12.3. If an IP address is re-numbered or re-allocated by us, we shall use our reasonable eendeavorsto avoid any disruption to you.
13. BACK-UP OF YOUR MATERIAL AND OUR SERVERS
- 13.1. It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload onto our servers as part of your use of the Hosting Services. We provide free tools to make website and database backups in our control panels. In the event of loss of or damage to your material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.
- 13.2. We will follow our archiving procedures for the data stored on our servers.
- 13.3. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.
14. HOSTING SERVICE USAGE LIMITATIONS
- 14.1. The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package as this is set out on this website at the time of your order.
- 14.2. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you may upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in our control panel.
- 14.3. Unless the Hosting Service package you order includes a virtual private server, you will only be allowed to use a maximum of 10% of our server’s processing capacity when using the Hosting Service package you order.
- 14.4. We may allow your usage to exceed this CPU limitation, and we will speak to you about your hosting requirements if your usage has a detrimental effect on our other customers. Please note that this right is at our absolute discretion,
- 14.5. The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our website at the time of your order.
- 14.6. Any mailboxes that have not been accessed for 100 clear days will be automatically deleted from our system.
- 14.7. When using the Services, you must comply with our Terms of Website Use and our Acceptable Use Policy. Any conflict between our terms of website use and these terms and conditions, will be resolved in favor of these terms and conditions.
- 14.8. A breach of either the Website Terms of Use or Acceptable Use policy will entitle us to terminate the provision of Services to you.
15. SUPPORT
- 15.1. Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support to you, but, as part of our Hosting Services, our servers are compatible with many programming languages.
- 15.2. We do not provide telephone technical support. Support is provided via online support ticket or online chat.
16. DOMAIN NAMES
- 16.1. Where the Contract includes our Domain Registration and Renewal Service:
- 16.1.1. we will endeavor to procure the registration of the domain name you request
- 16.1.2. we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name.
- 16.1.3. we shall not act as your agent or on your behalf in any dealings with domain name registry.
- 16.1.4. the registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should consider.
- 16.1.5. you are responsible for ensuring that you are aware of the terms so that you can comply with them.
- 16.1.6. the domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “whois” database of the top level domain name registrar.
- 16.1.7. we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement.
- 16.1.8. you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered.
- 16.2. You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorized by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.
- 16.3. Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices 30 days and 7 days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account.
- 16.4. You hereby authorize us to automatically renew the domain name for you unless you have cancancelede Domain Registration and Renewal Service in accordance with these terms and conditions.
- 16.5. The price for the renewal will be as set out in the renewals page of the customer administration area and will be charged against one of the payment methods then registered against your account.
- 16.6. You acknowledge and agree that we may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you.
- 16.1. Where the Contract includes our Domain Registration and Renewal Service:
17. INTELLECTUAL PROPERTY RIGHTS
- 17.1. You, retain all intellectual property rights in your material, and you grant to us a worldwide, non-exclusive, royalty free license to use, store and maintain your material on our servers and publish it on the Internet for the purpose of providing the Hosting Service to you.
- 17.2. You warrant that your material does not infringe the intellectual property rights of any third party and you have the authority to grant the license to us. We may make such copies as may be necessary to perform our obligations, including making back-up copies of your material.
- 17.3. You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your material infringes, or allegedly infringes, the intellectual property rights of a third party.
- 17.4. If you download software from our website, we grant you a non-exclusive, non-transferable royalty free license to use that software for the purpose set out on our website in relation to that software. Such license will automatically terminate when we terminate providing the Hosting Services to you.
- 17.5. Any third party software that you download from our website shall be licensed to you on the standard software license terms of the owner of the intellectual property rights in that third party software as those license terms are notified to you at the time you download such software.
- 17.6. We retain all intellectual property rights in the Hosting Services (other than in your material) and our software. You must not decompile, disassemble the Hosting Services or our software.
- 17.7. We will defend you against any claim that the Hosting Services infringe any United Kingdom intellectual property rights of a third party, and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:
- 17.7.1. you give prompt notice of any such claim.
- 17.7.2. you make no admissions or settlements without our prior written consent.
- 17.7.3. you provide reasonable co-operation to us in the defense and settlement of such claim, at your expense.
- 17.7.4. we are given sole authority to defend or settle the claim.
18. OUR LIABILITY
- 18.1. 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.
- 18.2. 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
- 18.3. No guarantee or representation is given that the Hosting Services will be free from security incidents or unauthorized users.
- 18.4. 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.
- 18.5. We do not exclude or limit in any way our liability:
- 18.5.1. for death or personal injury caused by our negligence;
- 18.5.2. under section 2(3) of the Consumer Protection Act 1987
- 18.5.3. for fraud or fraudulent misrepresentation
- 18.5.4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
18.6. 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:
- 18.6.1. loss of income or revenue.
- 18.6.2. loss of business.
- 18.6.3. loss of profits or contracts.
- 18.6.4. loss of anticipated savings.
- 18.6.5. loss of goodwill.
- 18.6.6. loss of software or data.
- 18.6.7. wasted expenditure (such as pay per click advertising costs).
- 18.6.8. wasted management or office time.
- 18.7. Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 12 months preceding the event giving rise to the liability in question.
- 18.8. 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).
- 18.9. Where you buy any product or service from a third party seller through following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.
19. DURATION OF THE SERVICES AND CANCECANCELATION
- 19.1. THE PART OF THE CONTRACT RELATING TO OUR DOMAIN REGISTRATION AND RENEWAL SERVICE WILL COMMENCE ON THE DATE WE SEND YOU OUR ACCEPTANCE CONFIRMATION. IT WILL CONTINUE UNTIL:
- 19.1.1. WE HAVE REGISTERED THE DOMAIN NAME YOU HAVE REQUESTED (THE “DOMAIN NAME”) AND YOU SUBSEQUENTLY ASK US NOT TO RENEW THE REGISTRATION OF YOUR DOMAIN NAME
- 19.1.2. WE TERMINATE THE SUPPLY OF OUR DOMAIN REGISTRATION AND RENEWAL SERVICE BY NOTICE TO YOU BECAUSE:
- 19.1.2.1. THE DOMAIN NAME IS NO LONGER AVAILABLE FOR REGISTRATION
- 19.1.2.2. YOU ARE IN BREACH OF THE TERMS AND CONDITIONS HEREWITH
- 19.1.2.3. OF SOME OTHER REASON PREVENTING THE REGISTRATION OF THE DOMAIN NAME.
- 19.2. IF WE TERMINATE THE DOMAIN REGISTRATION AND RENEWAL SERVICE UNDER THE CLAUSES OF THIS AGREEMENT, WE WILL REFUND THE PRICE YOU HAVE PAID FOR THE DOMAIN REGISTRATION AND RENEWAL SERVICE TO THE CREDIT CARD, DEBIT CARD OR OTHER ACCOUNT YOU USED TO MAKE THE PAYMENT.
19.3. That part of the Contract relating to Services other than our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. Unless such Services are terminated as provided for in this clause they shall continue for the minimum period of time that applies to the Service you have purchased (“Minimum Term”). After expiry of the Minimum Term, they will continue on a month to month basis until terminated:
- 19.3.1. BY YOU, AS A CONSUMER, INFORMING US OF YOUR DECISION TO CANCEL THE CONTRACT BY A CLEAR STATEMENT. THIS SHOULD BE VIA ONLINE SUPPORT TICKET OR SUPPORT LIVE CHAT;
- 19.3.2. BY YOU, AS A BUSINESS CUSTOMER, INFORMING US OF YOUR DECISION TO CANCEL THE CONTRACT. THIS SHOULD BE VIA ONLINE SUPPORT TICKET OR SUPPORT LIVE CHAT
- 19.3.3. BY US GIVING TO YOU AT LEAST 30 DAYS ADVANCED NOTICE IN WRITING SENT TO THE THEN CURRENT EMAIL ADDRESS REGISTERED AGAINST YOUR ACCOUNT
- 19.3.4. BY EXERCISING YOUR RIGHT AS A CONSUMER, TO CANCEL THE CONTRACT(S) WITHIN THE “COOLING OFF PERIOD” I.E. WITHIN 14 DAYS OF PURCHASE.
- 19.3.5. TO MEET THE CANCELCANCELATIONINE, IT IS SUFFICIENT FOR YOU TO SEND YOUR COMMUNICATION CONCERNING YOUR EXERCISE OF THE RIGHT TO CANCEL BEFORE THE CANCELLCANCELATION HAS EXPIRED. WE REQUEST THAT YOU DO THIS AT LEAST TWO WORKING DAYS BEFORE THE CANCELLACANCELATIONLEASE NOTE THAT THE COOLING OFF PERIOD ONLY APPLIES TO CONSUMERS, NOT BUSINESS CUSTOMERS.
- 19.4. AS PART OF OUR CANCELLATCANCELATION YOU MUST RE-CONFIRM YOUR CANCELLATICANCELATIONIA OUR SUPPORT TICKET SYSTEM OR SUPPORT LIVE CHAT SYSTEM OR WE WILL CONTINUE TO SUPPLY THE RELEVANT SERVICES AND YOUR CANCELLATIOCANCELATIONEFFECTIVE. YOU CANNOT CANCEL ANY OF YOUR SERVICES BY LETTER, EMAIL OR TELEPHONE.
- 19.5. THE MONTHLY PRICE FOR SERVICES WE SUPPLY UNDER CONTRACTS THAT CONTINUE ON A MONTH TO MONTH BASIS SHALL BE CHARGED MONTHLY IN ADVANCE DIRECTLY TO A CREDIT CARD, DEBIT CARD, PAPERLESS DIRECT DEBIT OR OTHER PAYMENT METHOD REGISTERED AGAINST YOUR ACCOUNT. SUCH PAYMENT WILL BE TAKEN ON THE SAME DATE OF THE MONTH (OR IF NO SUCH DATE OCCURS THEN ON THE LAST DAY OF THE MONTH) AS ON WHICH THE SERVICES HAD ORIGINALLY COMMENCED (“PAYMENT DATE”) UNLESS OR UNTIL YOU CANCEL THE SERVICES IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
- 19.6. WE WILL NOT PROVIDE YOU WITH A REFUND FOR A CANCELLATIONCANCELATIONT-WAY THROUGH A BILLING PERIOD.
- 19.7. WITHOUT PREJUDICE TO ANY OTHER RIGHT TO TERMINATE OR SUSPEND THE SERVICES WE MAY HAVE UNDER THESE TERMS AND CONDITIONS, OUR TERMS OF WEBSITE USE OR OUR ACCEPTABLE USE POLICY WE MAY TERMINATE THE CONTRACT AT ANY TIME BY GIVING YOU 30 DAYS’ ADVANCE NOTICE BY EMAILING YOU AT THE EMAIL ADDRESS REGISTERED AGAINST YOUR ACCOUNT.
- 19.8. IF WE CANCEL THE SERVICES, WE WILL REFUND TO YOU THE PRICE YOU HAVE PAID FOR THE SERVICES ON A PRO-RATA BASIS FOR THE UNEXPIRED MINIMUM TERM
- 19.9. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND CONDITIONS, IF YOU ARE IN BREACH OF AN OBLIGATION OF THESE TERMS AND CONDITIONS WE MAY TERMINATE THE CONTRACT BY 7 DAYS’ NOTICE TO YOU.
- 19.10. EXPIRY OR TERMINATION OF THE CONTRACT SHALL BE WITHOUT PREJUDICE TO ANY RIGHTS AND LIABILITY OF EITHER OF US ARISING IN ANY WAY UNDER THAT CONTRACT AS AT THE DATE OF EXPIRY OR TERMINATION.
20. DELETION OF YOUR DATA
- 20.1. If you cancel your Services, any data we hold or host in relation to the Services you have canccanceledl be immediately and permanently deleted from our system.
- 20.2. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.
21. ADDITIONAL TERMS
- 21.1. Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.
22. WRITTEN COMMUNICATIONS
- 22.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.
- 22.2. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
23. NOTICES
- 23.1. All notices given by you to us must be given though our online system.
- 23.2. We may give notice to you at either the then current e-mail or postal address registered against your account with us.
24. THIRD PARTY RIGHTS AND TRANSFER OF RIGHTS AND OBLIGATIONS
- 24.1. Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
- 24.2. The Contract is binding on you and us and on our respective successors and assigns.
- 24.3. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
- 24.4. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
25. EVENTS OUTSIDE OUR CONTROL
- 25.1. 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”).
- 25.2. 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:
- 25.2.1. misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
- 25.2.2. strikes, lock-outs or other industrial action;
- 25.2.3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- 25.2.4. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 25.2.5. impossibility of the use of public or private telecommunications networks; and
- 25.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
- 25.3. 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 enendeavorso 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.
26. WAIVER
- 26.1. If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- 26.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
- 26.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
27. SEVERABILITY
- 27.1. If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
28. ENTIRE AGREEMENT
- 28.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- 28.2. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
- 28.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
29. CHANGES TO OUR TERMS AND CONDITIONS
- 29.1. We have the right to revise and amend these terms and conditions from time to time.
- 29.2. You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
- 29.3. No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.
This Data Processing Agreement (“DPA”) is an addendum to the Terms & Conditions between GrowLast Ltd (“GrowLast”) and you (“Customer”). The DPA will be effective and replace any previously applicable data processing and security terms as from 25th May 2018 and will continue for as long as GrowLast provides the services as set out in GrowLast Ltd Terms & Conditions.
Definitions
“Customer Data” means data provided by or on behalf of Customer or Customer End Users via the Services under the account.
“Data Controller” means the entity that determines the purposes and means of the processing of Personal Data.
“Data Processor” means the entity that processes Personal Data on behalf of the Data Controller.
“Data Protection Laws” means all data protection and privacy laws and regulations applicable to the processing of Personal Data under the Agreement, including the GDPR.
“Data Subject” means the individual to whom the Personal Data relates.
“EEA” means the European Economic Area.
“GDPR” means EU General Data Protection Regulation 2016/679.
“Personal Data” means any Customer Data relating to an identified or identifiable natural person to the extent that such information is protected as personal data under GDPR.
“Processing” has the meaning given to it in the GDPR and “process”, “processes” and “processed” shall be interpreted accordingly.
“Sub-Processor” means any third party authorised under this DPA to have logical access to and process Customer Data to provide parts of the Services.
“Services” means any product or service provided to Customer and as described in GrowLast Ltd Terms & Conditions.
Data Processing
GrowLast will only act and process Customer Data in accordance with the documented instruction from Customer (the “Instruction”), unless required by law to act without such Instruction. The Instruction at the time of entering into this DPA is that GrowLast may only process Customer Data with the purpose of delivering Services as described in its Terms & Conditions and any product-specific agreements. Subject to the terms of this DPA and with agreement of the parties, Customer may issue additional written instructions consistent with the terms of this Agreement. Customer is responsible for ensuring that all individuals who provide instructions are authorised to do so.
GrowLast will inform Customer of any instruction that it deems to be in violation of GDPR and will not execute the instructions until they have been confirmed or modified.
When Customer Data is processed by GrowLast both parties acknowledge and agree that:
– GrowLast is a Data Processor of Customer Data under the GDPR
– Customer is a Data Controller of Customer Data under GDPR.
Confidentiality
GrowLast shall treat all Customer Data as strictly confidential information. Customer Data may not be copied, transferred or otherwise processed in conflict with the Instruction from Customer unless required by law.
GrowLast employees shall be subject to an obligation of confidentiality that ensures that the employees shall treat all Customer Data under this DPA with strict confidentiality and only process Customer Data in accordance with the Instruction.
Sub-Processing
Customer authorizes GrowLast to engage third-parties to process Customer Data (“Sub-Processors”) without obtaining any further written, specific authorisation. GrowLast will restrict Sub-Processor access to Customer Data to what is necessary to provide the Services.
GrowLast shall complete a written agreement with any Sub-Processors. Such an agreement shall at minimum provide the same data protection obligations as the ones applicable under this DPA. It remains accountable for any Sub-Processor in the same way as for its own actions and omissions.
GrowLast will inform Customer of any new Sub-Processor engagements at least 30 days before the new Sub-Processor processes any Customer Data. Notifications of such engagements will be delivered to the account email address and/or through the control panel interface. It is Customer’s sole responsibility to ensure account information is correct and kept up to date.
Customer has the right to object to a use of a Sub-Processor by terminating this Addendum and Services in accordance with GrowLast Terms and Conditions. A list of current Sub-Processors can be found in Annex 1.
Security
GrowLast will implement and maintain technical and organizational measures to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access as set out Annex 2 of this Addendum and in accordance with GDPR, article 32. The security measures are subject to technical progress and development and Customer acknowledges that GrowLast may update or modify the security measures from time-to-time provided that such updates and modifications do not result in the degradation of the overall security. In addition, GrowLast will make controls available to Customer to further secure Customer Data inside the control panel.
Data Breach Notifications
If GrowLast becomes aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Data on systems managed by or otherwise controlled by GrowLast, GrowLast agrees to notify Customer without hesitation or delay. Notifications of such incidents will be sent to the account email address as set by Customer. It is Customer’s sole responsibility to ensure this information is correct and kept up to date inside the control panel.
GrowLast will make reasonable efforts to identify the cause of any breach and take necessary steps to prevent such a breach from reoccurring.
Customer agrees that Data Breach Notifications will not include unsuccessful attempts or activities that do not compromise the security of Customer Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.
Data Subject Rights
If GrowLast directly receives a request from a Data Subject to exercise such rights in relation to Customer Data, it will forward the request to Customer. Customer must respond to any such request within the timeframes specified within GDPR.
GrowLast will assist Customer in fulfilling any obligation to respond to requests by data subjects, which may include providing controls via the control panel to help comply with the commitments set out under GDPR.
Data Transfers
GrowLast stores and processes data in secure datacenters located inside the European Economic Area (“EEA”). Data may be transferred and processed outside the EEA to countries where Sub-Processors maintain their own data processing operations. Customer hereby agrees to the transfer, storing or processing of data outside the EEA. GrowLast will take all steps reasonably necessary to ensure that Customer Data is treated securely and in accordance with the relevant Data Protection Laws.
Compliance and Audit Rights
GrowLast agrees to maintain records of its security standards and, upon written request by Customer, GrowLast shall make available all relevant information necessary to demonstrate compliance with this DPA. Customer agrees any audit or inspection shall be carried out with reasonable prior written notice of no less than 30 days and shall not be conducted more than once in any 12-month period. If GrowLast declines the request, Customer is entitled to terminate this addendum and Services.
Return or Deletion of Data
GrowLast only retains Customer Data for as long as required to fulfill the purposes for which it was initially collected. Termination of this Addendum or Services in line with GrowLast Terms & Conditions will result in all Customer Data being deleted, unless otherwise required by law. For Customer Data archived on back-up systems, GrowLast shall securely isolate and protect from any further processing.
Limitation of Liability
The total liability of each part under this addendum shall be subject to the limitation of liability as set out in GrowLast Terms & Conditions. For the avoidance of doubt, in no instance will GrowLast be liable for any losses or damages suffered by Customer where Customer is using Services in violation of its Terms & Conditions, regardless of whether it terminates or suspend an account due to such violation.
Annex 1 – Sub-Processors
Company | Service |
Stripe | Credit/Debit Card Payments |
Nominet | Domain Names |
Tucows (OpenSRS) | Domain Names |
GeoTrust (Symantec) | SSL/TLS Certificates |
Google Analytics | Control panel analytics. Reporting on anonymised data. |
Xero | Financial accounting |
Annex 2 – Security Measures
Available upon request.
To report junk email or abuse issues please email [email protected].
This acceptable use policy governs your use of the services we provide (“Hosting Services”). Your use of the Hosting Services means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions. GrowLast Ltd may modify this Acceptable Use Policy at any time without notice.
You must not allow a third party to access or use the Hosting Services. If you have purchased one of our reseller hosting packages, you can allow a third party (a “Third Party”) to access or use the Hosting Services. If you do so, they will also be regulated by this acceptable use policy. As such, you will monitor the use of the Hosting Services by a Third Party and you will procure that they abide by this acceptable use policy. A breach of this acceptable use policy by a Third Party will be deemed to be a breach of this acceptable use policy by you.
The Hosting Services are provided by GrowLast Ltd (“we”, “us” and “our”). We are registered in England and Wales under company number 09775671 and we have our registered office at Hawthorn House, Southwell Road West, Rainworth, Mansfield, Nottinghamshire, NG21 0HJ.
A. RESOURCE USAGE
- 1. The Shared Hosting Services comprise the provision of web space on our servers to enable you to upload pages and files for the purpose of publishing websites.
- 2. The Shared Hosting Services allow you ‘unlimited’ server space for normal routine “non-file-distribution” web usage. For websites that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of two hundred and fifty (250) gigabytes per calendar month.
- 3. Non-file-distribution usage will remain unaffected by any limit imposed on downloading of video, audio or other files.
- 4. In your use of the Shared Hosting Services (other than where you are using your own virtual private server), you may not:
- a. use more than 10% of our platform’s processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations
- b. run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd
- c. run any type of web spider or indexer
- d. run any software that interfaces with an Internet Relay Chat network
- e. run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers
- f. participate in any file-sharing/peer-to-peer activities
- g. run any gaming servers
- h. run entries or other scheduled tasks other than by configuring them through our control panel
- i. give away web space under a domain (including Resellers giving away free websites)
- j. operate a proxy website or service
- k. as a remote file host for other websites
- l. operate self-hosted file sync or similar “cloud storage” based services including (but not limited to) OwnCloud, Pydio and Sparkleshare.
- 5. You must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that are not web-visible without giving notice to you.
- 6. All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimize your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, Bing, Yahoo and other large search engines.
- 7. MySQL Databases are limited to 1024 megabytes in size, when they reach this size we will notify you.
- 8. If you are a Reseller and deactivate a resold web hosting account we will delete it after 50 days.
B. PROHIBITED USES
- 1. You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:
- a. in any way that breaches any applicable local, national or international law or regulation
- b. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
- c. for the purpose of harming or attempting to harm minors in any way
- d. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below)
- e. to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (also known as SPAM – see below)
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
- 1. You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:
C. CONTENT STANDARDS
- 1. These content standards apply to any and all material that you allow to be hosted through the Hosting Services and to any interactive services associated with it.
- 2. You must comply with the spirit of the following standards. The standards apply to each part of any Material as well as to its whole.
- 3. Material must:
- a. be accurate (where they state facts)
- b. be genuinely held (where they state opinions)
- c. comply with applicable law in the UK and in any country from which they are posted
4. Material must not:
- a. contain any material which is defamatory of any person
- b. contain any material which is obscene, offensive, hateful or inflammatory
- c. contain any material that is pornographic
- d. promote violence
- e. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- f. infringe any copyright, database right or trade mark of any other person
- g. be likely to deceive any person
- h. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
- i. promote any illegal activity
- j. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
- k. be likely to harass, upset, embarrass, alarm or annoy any other person
- l. be used to impersonate any person, or to misrepresent your identity or affiliation with any person
- m. give the impression that they emanate from us, if this is not the case
- n. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse
D. ZERO TOLERANCE SPAM POLICY
- 1. We take a zero tolerance stance against the sending of unsolicited email, bulk emailing and spam. We may terminate the account of any user who send out spam with or without notice
- 2. Websites advertised as spam may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging or newsgroups. Any user account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
- 3. GrowLast Ltd reserves the right to require changes or disable as necessary any website, account, database or component that does not comply with our policy
- 4. GrowLast Ltd reserves the right to charge the holder of the account used to send any unsolicited email, a clean-up fee or any charges incurred for blacklist removal at our sole discretion
E. RESELLING
- You agree not to:
- a. re-sell or offer for the use of third parties any part of our Hosting Services unless a specific Reseller product has been purchased,
b. not to access without authority, interfere with, damage or disrupt
- i. any part of the Hosting Services
- ii. any equipment or network used to provide the Hosting Services
- iii. any software used in the provision of the Hosting Services
- iv. any equipment or network or software owned or used by any third party
- c. If you deactivate a resold Hosting Service for 50 consecutive days we will automatically delete this Hosting Service.
- d. You are responsible for the good housekeeping of your Reseller Service. You agree to delete files and Hosting Services that are no longer required
F. SUSPENSION AND TERMINATION
- 1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- 2. Failure to comply with this acceptable use policy constitutes a material breach of the our terms and conditions of sale upon which you are permitted to use the Hosting Services, and may result in our taking all or any of the following actions:
- a. immediate, temporary or permanent withdrawal of your right to use the Hosting Services
- b. immediate, temporary or permanent removal of any Material (as defined in paragraph 5.1) uploaded to our servers
- c. issue of a warning to you
- d. issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
- e. further legal action against you
- f. disclosure of such information to law enforcement authorities as we reasonably feel is necessary
G. CHANGES TO OUR ACCEPTABLE USE POLICY
- 1. We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.
We are GrowLast Limited and we own and operate this website (‘Site’).
1. Your use of the Site is subject to these Terms of Use. By using the Site, you will be deemed to have accepted and agreed to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. You can determine when we last changed these Terms of Use by referring to the ‘LAST UPDATED’ statement above. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.
2. You are responsible for all access to the Site using your Internet connection, even if the access is by another person.
3. We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).
4. We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.
5. The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.
5.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.
5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6. We provide the Site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:
6.1 All conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and
6.2 Any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site.
The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
7. Your permission to use the Site is personal to you and non-transferable. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:
7.1 use the Site for any fraudulent or unlawful purpose;
7.2 use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
7.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
7.4 interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
7.5 transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
7.6 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
7.7 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
7.8 remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
7.9 frame or mirror any part of the Site without our express prior written consent;
7.10 create a database by systematically downloading and storing Site content;
7.11 use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
We reserve the right to revoke these exceptions either generally or in specific instances.
7.12 The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.
7.13 You may create a link to this Site, provided that:
7.13.1 the link is fair and legal and is not presented in a way that is:
7.13.1.1 misleading or could suggest any type of association, approval or endorsement by us that does not exist, or
7.13.1.2 harmful to our reputation or the reputation of any of our affiliates;
7.13.2 you retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so;
7.13.2.1 the link is to the homepage of this Site at the following URL https://www.GrowLast.com/;
7.13.3 the link will not cause this Site or any content on this Site to be:
7.13.3.1 embedded in or ‘framed’ by any other website, or
7.13.3.2 otherwise displayed in a way different to the way originally intended by us.
We reserve the right to require you to immediately remove any link to the Site at any time and you shall immediately comply with any request by us to remove any such link.
