This Privacy and Cookies Policy, along with our Terms and Conditions and any referenced documents, outlines how we process personal data collected from you or provided by you. Please carefully review this policy to understand our practices regarding your personal data and its treatment.

We commit to using your personal data only as described in this Privacy and Cookies Policy, ensuring fair and relevant usage. Collection is limited to necessary and pertinent information for our interactions with you, and retention is in line with the purpose of collection or legal requirements.

For the purposes of the Data Protection Act 1998, WebGuyUK is the data controller.

Information Collection

We may collect and process various data about you, including your title, name, date of birth, address, email, telephone numbers, username, password, business name, and other contact details provided during website registration. Additional information may be collected through forms on the website or when reporting issues.

You are responsible for submitting accurate and non-misleading information, updating changes promptly, and ensuring authority and consent for data submission on behalf of others.

IP Addresses

Information about your computer, such as IP address, operating system, and browser type, may be collected for statistical analysis of user browsing actions and patterns.

Cookies

The website uses cookies for user identification, recognizing your computer as a unique user during certain visits. Cookies enhance your experience by saving time on the website. You can manage cookie acceptance settings in your browser, but disabling cookies may limit website functionality.

For more information about cookies, visit https://www.allaboutcookies.org or learn how to manage them at https://www.allaboutcookies.org/manage-cookies/index.html.

Data Storage and Security

All information provided to us is stored on secure servers with industry-standard security measures. You are responsible for keeping passwords confidential, and we may occasionally request proof of identity.

While we strive to protect transmitted data, we cannot guarantee absolute security during internet transmission. Upon receiving your information, strict procedures and security features are applied to prevent unauthorized access.

Security during Payments

Payments made through the website are processed via PayPal. We do not collect payment information. Card details are securely stored with our payment gateway for recurring use through tokenization. We neither store nor share credit card details with third parties.

Use of Information

Information about you is used for presenting website content effectively, providing billing information, managing the website, fraud detection, sending relevant information, fulfilling contractual obligations, and notifying you of service changes.

We may transfer databases containing your information in the event of a business sale. Disclosure of details is limited to scenarios outlined in this policy or required by law.

Other Websites

The website may contain links to partner networks or affiliates with their privacy policies. We are not responsible for their policies and recommend checking them before submitting personal data.

Access to Information

You have the right, under the Data Protection Act, to access information held about you. Any access request may be subject to a £10 fee to cover our costs.

Consent

By submitting data and using the website, you consent to our data use as outlined in this Privacy and Cookies Policy. You may revoke consent at any time by contacting us at hello@webguy.uk, referencing this policy in the email subject line.

Changes to Policy

Any future changes to this Privacy and Cookies Policy will be posted on the website and, if necessary, notified via email. Each visit to the website implies agreement to the current policy.

Fraud Verification

We use Paypal to screen new orders and report clients violating our Terms of Service. Paypal has its own inbuilt Fraud Protection systems. More details can be found here: https://www.paypal.com/hk/webapps/mpp/fraud-prevention.

Contact

For questions or requests related to this Privacy and Cookies Policy, please email hello@webguy.uk.

Kindly review these General Terms, along with any applicable Schedules as defined below, attentively as they encompass vital details about your rights and responsibilities. We suggest retaining a copy of these General Terms and relevant Schedules and recommend printing them through the Website (defined below) by clicking the "Print" icon on your browser for future reference.


About Us and These General Terms:
1.1 Definition of "We," "us," or "our": WebGuyUK

1.2 Scope of These General Terms: These General Terms oversee your submission of an order for services through the www.webguy.uk website ("Website") and your registration for an account on the Website, allowing you to manage the services received. By providing your details for Website account registration, you agree to be legally bound by these General Terms and relevant Schedules (as defined below).

1.3 The Schedules: Specific terms for the provision of particular services are outlined in Schedules (as defined below). When placing an order for specific services, you are legally bound by the corresponding Schedules and these General Terms.

1.4 Modifications to Terms and Conditions: We retain the right to modify the Terms and Conditions (as defined below) at any time. All amendments will be posted on the Website and emailed to you. If you disagree with the changes, you have the option to terminate this Agreement (refer to Clause 13.2.1 for details). However, continued use of the Services will be deemed acceptance of the new Terms and Conditions. No other terms or changes will be binding unless agreed upon in writing and signed by us.

1.5 Definitions and Interpretation: In this Agreement:
1.5.1 The following terms carry the specified meanings:

Account: As defined in Clause 4.1;

Agreement: A legal and binding agreement based on these General Terms and relevant Schedule(s) for the provision of services after you submit an Order, and we issue an Order Acceptance. Each Order, subject to an Order Acceptance, constitutes a separate "Agreement" if multiple Orders are made;

Breach of Duty: Breach of any obligation arising from a contract's express or implied terms, or common law duty to exercise reasonable care or skill;

Business Customer: You are a business customer if you enter into the Agreement and are not a Consumer;

Business Day: Any day excluding Saturdays, Sundays, and days when clearing banks in the City of London are closed;

Business Hours: 9.00 am to 5.00 pm on Business Days;

Confidential Information: Information obtained in relation to this Agreement marked as confidential or reasonably considered confidential;

Consumer: An individual entering this Agreement for purposes outside of trade, business, craft, or profession;

Fees: Payments for Services as outlined in each Schedule and on the Website at the time of order submission, confirmed in the Order Acceptance;

Intellectual Property Rights: Rights such as copyright, trademarks, service marks, patents, and other intellectual property rights;

Liability: Responsibility for breach of contract, Breach of Duty, torts, deliberate breach, misrepresentation, restitution, or any other cause under or connected with this Agreement;

Material: Content uploaded to our servers as part of the Services, encompassing various forms of multimedia, software, documents, and other elements.

Order: Refers to the request you submit through the Website for the provision of specific services from us.

Order Acceptance: Our written communication accepting your Order in accordance with Clause 5.8.

Order Acknowledgement: Our confirmation of receiving your Order.

Party: Refers to either us or you, and "Parties" signifies both of us and you.

Schedule: A document outlining a detailed description of specific services to be provided by us to you.

Services: Encompasses the services and online products we offer to you under this Agreement, with detailed descriptions available in the relevant Schedule(s).

Support Services: Defined in Clause 8.1.

Terms and Conditions: Comprises these General Terms and the Schedules.

"you" or "your": Refers to our customer who registered for an account on the Website to submit an order for services from us.

1.5.2 References to "Clauses" are to clauses within these General Terms.

1.5.3 References to "Paragraphs" are to paragraphs in a Schedule.

1.5.4 Headings are included for convenience only and do not affect the interpretation or construction of these General Terms or any Schedule.

1.5.5 Words indicating the singular include the plural and vice versa. Gender-specific terms include the other gender and the neutral, and references to persons include individuals, companies, corporations, firms, or partnerships.

1.5.6 "Written" or "in writing" includes the electronic form.

1.5.7 References to "includes," "including," "in particular," or "for example" shall be deemed to be followed by the words "without limitation."

1.5.8 References to any statute or statutory provision include any subordinate legislation made under it, any modified or re-enacted provision, and any subsequent superseding or re-enacting provision.

Age Restriction: By registering for an Account and submitting an Order, you confirm that you are at least 18 years of age.


Effect
3.1 Application of these General Terms: These General Terms apply to all Orders and Agreements. Submitting an Order constitutes your unqualified acceptance of these General Terms and the relevant Schedules. For Consumers, statutory rights remain unaffected.

3.2 Any other terms: This Agreement prevails over any separate terms proposed by you. Conditions submitted by you are expressly waived and excluded.

3.3 Entire Agreement (if you are a Business Customer): For Business Customers, these General Terms, Order Acceptance, relevant Schedules, Privacy and Cookies Policy, and Terms of Use constitute the entire agreement. You acknowledge reliance solely on the terms within these documents.

3.4 Authority (if you are a Business Customer): You confirm authority to bind any business using the Website to submit an Order.

3.5 Conflict: In case of conflict between these General Terms, Schedules, and Order Acceptance, the following order of precedence applies: Order Acceptance prevails over these General Terms, which prevail over the Schedules.


Registration For An Account
4.1 Need for an Account: To place an Order, registration for an Account on the Website is necessary. While browsing without registration is allowed, an Account is required for Order submission.

4.2 If you have an Account: Existing Account holders can log in to submit an Order.

4.3 If you do not have an Account: To submit an Order without an Account, registration is required by providing necessary personal information as outlined in our Privacy and Cookies Policy.

4.4 Registering for an Account: Account registration includes creating a username and password. Maintaining password confidentiality is crucial, and any unauthorized use must be reported promptly.

4.5 Valid email address: Account registration mandates a valid email address accessed regularly. Accounts registered with another person's email may be closed without notice.

4.6 Rejection: We reserve the right to reject Account registrations at our discretion.


Placing An Order And Forming An Agreement
5.1 Registration: Upon Account registration, Orders can be placed.

5.2 Selection of Services: Follow Website instructions to select Services for your Order.

5.3 Confirming your Order: Review selected Services and corresponding Fees before submitting an Order. Correct errors before finalizing.

5.4 Payment of Fees: Fees are payable in advance at specified intervals. Payment is accepted through Paypal or Worldpay, subject to their terms and conditions.

5.5 Having sufficient funds: Payment requires details of a valid payment card or account with sufficient funds.

5.6 Subject to these General Terms and the Schedules: By submitting an Order, you agree to these General Terms and relevant Schedules. It is your responsibility to review them with each Order submission.

5.7 Order is an offer only: Your Order is an offer until we issue an Order Acceptance or receive your cancellation notice, whichever occurs earlier.

5.8 Accepting your Order: We are not obliged to provide Services until your Order is accepted. We may refuse for any reason. Order Acknowledgement is informative; Order Acceptance, when issued, forms the Agreement.

5.9 Invoicing: An invoice may be sent after sending an Order Acceptance.

5.10 Cancelling before acceptance: Cancellation is allowed before Order Acceptance. Refunds are arranged for Fees already paid.

5.11 Mistakes in your Order: Contact us if you realize a mistake in your Order. Certain changes may incur additional fees.


Provision Of The Services
6.1 Activation: Upon Order Acceptance, Services are activated, and you are informed in the Order Acceptance.

6.2 Term: This Agreement continues until terminated as per the Agreement.

6.3 Services: We provide Services specified in the Order Acceptance with reasonable skill and care. We warrant compliance with applicable laws and regulations.

6.4 No warranty: We do not guarantee Services meeting individual requirements or provide anything not expressly stipulated in this Agreement.

6.5 "Unlimited" features: Features labeled "unlimited" are subject to fair use, use for a publicly available website, Clause 7.12, and compliance with specified clauses.

6.6 No guarantee: We do not guarantee uninterrupted, error-free, or secure Services. While we aim for a 99.9% uptime, interruptions may occur.

6.7 Improvements: We reserve the right to make repairs, introduce new features, or conduct maintenance. Termination is allowed if changes are disliked.

6.8 Monitoring: We use our monitoring tools to assess Services performance and do not consider data from your tools.

6.9 Timescales: We endeavor to meet agreed timescales, but delays due to your actions or breaches are not our liability.

6.10 Our responsibility: We are not responsible for achieving specific results or outcomes unless expressly agreed in writing.

6.11 Exclusions: Except as stated, we exclude all conditions, warranties, and obligations, whether express or implied.

6.12 Our access: We may access Services and Material, as outlined in our Privacy and Cookies Policy.

6.13 No warranty as to compatibility: We do not warrant Services' compatibility with all Material.

6.14 Third party access: Servers may be accessible to all Internet users, and we do not guarantee information protection or security.

6.15 Servers: We may host Services on our servers or use third-party suppliers, with the right to move hosting or impose additional obligations or restrictions.


Your Responsibilities
7.1 Accuracy of Information: You are obligated to provide us or the Website with accurate and non-misleading information, including material, contact details, or other relevant data. It is crucial to keep this information up-to-date and promptly inform us of any changes.

7.2 Your Duties:
7.2.1 Cooperation: Collaborate with us.
7.2.2 Information Provision: Supply us with any necessary information for the Services.
7.2.3 Fault Reporting: Immediately report any faults or suspected faults in the Services.
7.2.4 Internet Abuse Reporting: Notify us of any internet abuse, including spam, hacking, or phishing, witnessed during the use of the Services.
7.2.5 Authentic Login: Use your own login details and refrain from impersonating others.
7.2.6 Password Security: Keep your password confidential and change it if unauthorized access is suspected.
7.2.7 Service Access: Maintain access to the Services through your service providers.
7.2.8 Third-Party Hardware/Software: License and configure third-party hardware/software for remote access to our servers.
7.2.9 Knowledge and Expertise: Ensure the necessary knowledge and expertise for Service use.
7.2.10 Material Suitability: Ensure all material is suitable for use with the Services.
7.2.11 Compliance Assurance: Warrant compliance with privacy rights, intellectual property rights, and all relevant laws. Material must not harm or interfere with the Services or others' use.
7.2.12 Compliance with Requests: Promptly comply with reasonable requests related to this Agreement.
7.2.13 Service Suitability: Ensure that the Services meet your needs and requirements.


7.3 Restrictions: You must not:
7.3.1 Unfair Manipulation: Manipulate orders or transactions unfairly.
7.3.2 Contravene Laws: Use or access the Services in contravention of applicable laws.

7.4 Material Warranty: You warrant ownership of any material and must ensure necessary rights and consents for its use with the Services.

7.5 Backups: You are responsible for regular backups of all material. Backup services provided are not guaranteed, and we have no liability for failure to backup.

7.6 Indemnity: You must indemnify us against liabilities, costs, and losses arising from any breach of specified clauses.

7.7 Insurance: Obtain insurance for material, including loss or corruption.

7.8 Data Warehousing: Services and material may not be used for data warehousing purposes.

7.9 Excess Usage: We reserve the right to contact you for excessive usage and, for mailboxes, to empty certain folders.

7.10 Peer-to-peer Media Sharing: Services and material may not be used for peer-to-peer file or media sharing.

7.11 Content Delivery Networks: Services and material may not be used for content delivery networks.

7.12 Suspension: We may suspend Services if your use adversely affects other customers.

7.13 Material Removal: We may remove, screen, or edit any content breaching the Agreement or deemed objectionable.


Support Services
8.1 Service Correction: We will correct errors or omissions promptly during business hours. Support is accessible through the ticketing system.

8.2 Exclusions: Support excludes rectifying lost or corrupted material, failures due to your non-compliance, and changing website content.

8.3 Charges: Support is included in the Services at no extra charge.


Resale of 3rd Party Services or Software
9.1 Third Parties: Services involving third-party software are subject to the third party’s terms and conditions. You purchase a license from the third party, and we provide support services if possible.

9.2 Cost: Fees for third-party software/services are dependent on the third party. Actual amounts are at the third party's discretion.

9.3 Support: We may provide support, depending on the third party’s support availability.

9.4 Liability: We have no liability for actions of third-party providers or their software/services.


Fees
10.1 Invoicing and Payment: Fees are payable monthly in advance, invoiced monthly.

10.2 Late Payment: Failure to pay within 14 days may result in Agreement cancellation.

10.3 Fee Increase: We may increase fees on three days' notice, effective from the next payment date. You can cancel if you don't accept the increase.

10.4 VAT: VAT is charged at the applicable rate. Business customers in the EU are responsible for assessing and submitting VAT.

10.5 Chargebacks: Chargebacks may lead to account closure and applicable charges.

10.6 Restoration Fee: Restoring services post-termination may incur a fee.


Chargebacks
Fraudulent Chargebacks: Chargebacks, whether intentional or mistaken, will be treated seriously.

Administrative Charge: Incorrect chargebacks will incur an administrative charge to cover related expenses and damages.

Service Termination Consequences: Engaging in a chargeback procedure may lead to service suspension or termination, potentially causing irrevocable data loss.

Restoration Fee: After dispute closure, a fee is applicable for service restoration.


Data Protection
Refer to the Privacy and Cookies Policy for data protection details.


Intellectual Property Rights
What We Own:
- All Intellectual Property Rights in the Services and related works.
- IP addresses allocated are not transferable.

What You Own:
- You own all Intellectual Property Rights in the Material.
- You grant us a non-exclusive license to use the Material for Service provision.  


Your Rights to End This Agreement
13.1 You can always end this Agreement: If you are a Consumer and, in some cases, if you are a Business Customer, your rights when you end this Agreement (or cancel any Service) will depend on what Services you have purchased from us, whether there is anything wrong with the Services, how we are performing and when you decide to end this Agreement (or cancel any Service):
13.1.1 if the Services are faulty or misdescribed you may have a legal right to end this Agreement (or to get the relevant Services re-performed or to get some or all of your money back), see Clause 16;
13.1.2 if you want to end this Agreement because of something we have done or have told you we are going to do, see Clause 13.2;
13.1.3 if you have just changed your mind about the Services, see Clause 13.3; you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; and
13.1.4 in all other cases (if we are not at fault and there is no right to change your mind), see Clause 13.4.

13.2 Ending this Agreement because of something we have done or are going to do: If you are ending this Agreement (or cancelling any Service) for a reason set out in Clauses 13.2.1 to 13.2.5, this Agreement (or that Service) will end immediately and we will refund you in full for the Services which have not been provided and you may also be entitled to compensation. The reasons are:
13.2.1 we have told you about an upcoming change to the Services, these General Terms (or a Schedule) or the Fees which you do not agree to (see Clauses 1.3, 6.7 and 10.3);
13.2.2 we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
13.2.3 there is a risk that supply of the Services may be significantly delayed because of an Event Outside Our Control;
13.2.4 we have suspended provision of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
13.2.5 you have a legal right to end this Agreement (or cancel that Service) because of something we have done wrong.

13.3 Exercising your right to change your mind if you are a Consumer (Consumer Contracts Regulations 2013): If you are a Consumer, you have 14 days after the day we email the Order Acceptance to you to change your mind under the Consumer Contracts Regulations 2013; however, we give you more than that, and whether you are a Business Customer or a Consumer, we give you 30 days from the day we email you the Order Acceptance in order to cancel this Agreement and receive a full refund of any amounts you have paid to us in respect of that Order Acceptance. Please note that you do not have a right to change your mind in respect of the Services listed in Clause 17.3.

13.4 Ending this Agreement where we are not at fault and there is no right to change your mind: If you do not have any other rights to end this Agreement (see Clause 13.1), you can still contact us and tell us you want to end it, or cancel any Service. This Agreement (or the relevant Service) will not end until the end of the then current calendar month in which you notify us that you want to end this Agreement (or the relevant Service). We will not refund any advance payment you have made for Services which will not be provided to you except to the extent required by law or otherwise agreed to by you.

How to end this agreement (including if you have changed your mind)
14.1 Tell us you want to end this Agreement: To end this Agreement, or any Service, please let us know by doing one of the following:
14.1.1 Ticketing system: Contact us through the support ticketing system available through your Account. Please provide your name, home address, details of the order and, where available, your phone number and email address.

14.2 How we will refund you: We will refund you any amounts owing to you for the Services by the method you used for payment.

14.3 When your refund will be made: We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

14.4 Applicability of this Clause 14: This Clause 14 shall not apply to you if you are a Business Customer.

Our rights to end this agreement
15.1 Termination by us on notice: We may terminate this Agreement, or any Service, at any time by giving to you not less than five Business Days’ notice. In the event that we terminate this Agreement, or any Service, under this Clause 15.1, we will refund to you the Fees that you have paid to us on a pro-rata basis for the period from the date of termination to the date in relation to which you have paid the Fees in advance.

15.2 We may end this Agreement if you break it: We may end this Agreement, or any Service, at any time by writing to you if you:
15.2.1 do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
15.2.2 do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
15.2.3 are in breach of any of your obligations under this Agreement;
15.2.4 are unable to pay your debts when they fall due;
15.2.5 have a petition for administration or winding up proceedings;
15.2.6 have a receiver or manager appointed over any of your property or assets;
15.2.7 are the subject of a bankruptcy petition;
15.2.8 enter into any composition with creditors generally; and/or
15.2.9 take or suffer any steps preparatory to the situations set out in Clauses 15.2.4 to 15.2.8, or if any distress or execution is levied or threatened on any of your property or assets.

15.3 Event Outside Our Control: We may terminate this Agreement in accordance with Clause 21.4.

15.4 You must compensate us if you break this Agreement: If we end this Agreement or any Service in the situations set out in Clause 15.2, we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking this Agreement.

If there is a problem with the service
16.1 How to tell us about problems: If you have any questions or complaints about the Services, please contact us using the support ticketing system available through your Account.

16.2 Summary of your legal rights: We are under a legal duty to supply Services that are in conformity with this Agreement. If you are a Consumer, see the box below for a summary of your key legal rights in relation to the Services. Nothing in this Agreement will affect your legal rights if you are a Consumer. The box below does not apply if you are a Business Customer.

Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says that:
– you can ask us to repeat or fix the Services if they are not carried out with reasonable care and skill, or get some money back if we can’t fix it; and/or
– if you haven’t agreed a time beforehand for us to provide any Services, we must carry out the Services within a reasonable time.

Termination
17.1 On termination: In the event that this Agreement (or any Service) is cancelled or terminated:
17.1.1 all relevant Material will be automatically deleted from our servers and, as is the case through the term of any Agreement in accordance with Clause 7.5, you are responsible for taking appropriate backups of such data and material at all times;
17.1.2 we will cease to provide any relevant Services to you; and
17.1.3 the accrued rights, remedies, obligations and liabilities of us and you as at cancellation or termination shall not be affected, including the right to claim damages for any breach of this Agreement which existed at or before the date of cancellation or termination.

17.2 Post-termination: Termination of this Agreement shall not affect the coming into force, or continuance in force, of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

17.3 Cancellation within 30 days: You may cancel any of the Services at any time within 30 days of having received the Order Acceptance and receive a full refund of any amounts you have paid to us in respect of that Order Acceptance. Such a right will not apply to:
17.3.1 any domain name or SSL certificate that has been issued to you; and/or
17.3.2 any third party software and services that have been issued to you (for example, WHMCS or Blesta licences).
To effect a cancellation in accordance with this Clause 17.3, you should contact us within 30 days of having received the Offer Acceptance by contacting us through the support ticketing system available through your Account.

17.4 Domain name fees: Please note that domain name registration fees that you pay to us are not refundable and the domain name will remain registered for the duration of the registration term. Once this term has expired, unless you have renewed the term, the domain name will expire. Please see the Schedule on Domain Registration Services for more information.

17.5 SSL Certificate fees: Please note that SSL Certificate fees that you pay to us are not refundable and the SSL Certificate will remain issued for the duration of the SSL Certificate term. Please see the Schedule on SSL Certificate Services for more information.

Limitation Of Liability If You Are A Consumer
18.1 Applicability of this Clause 18: This Clause 18 shall not apply to you if you are a Business Customer.

18.2 If you are a Consumer: If you are a Consumer, nothing in this Agreement (including this Clause 18) affects or limits your statutory rights (including, without limitation, the right to insist that the Services shall be provided to you using reasonable skill and care).

18.3 What we do not exclude Liability for: We shall not exclude or limit our Liability for:

18.3.1 our fraud; or
18.3.2 death or personal injury caused by our Breach of Duty; or
18.3.3 any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
18.3.4 the Consumer Rights Act 2015; or
18.3.5 the Consumer Protection (Amendment) Regulations 2014; or
18.3.6 any other Liability which cannot be excluded or limited by applicable law.

18.4 What we are responsible for: If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Agreement.

18.5 Consumers only: We only provide the Services to you, as a Consumer, for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and, subject to Clause 18.3, we shall have no Liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitation of liability if you are a business customer
19.1 Applicability of this Clause 19: This Clause 19 shall not apply to you if you are a Consumer. This Clause 19 applies only if you are a Business Customer.

19.2 What this limitation applies to: This Clause 19 prevails over all of this Agreement and sets forth our entire Liability, and your sole and exclusive remedies, in respect of:
19.2.1 performance, non-performance, purported performance, delay in performance or mis-performance of this Agreement or any services or deliverables in connection with this Agreement; or
19.2.2 otherwise in relation to this Agreement or entering into this Agreement.

19.3 What this limitation does not apply to: We shall not exclude or limit our Liability for:
19.3.1 our fraud; or
19.3.2 death or personal injury caused by our Breach of Duty; or
19.3.3 any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
19.3.4 any other Liability which cannot be excluded or limited by applicable law.

19.4 Breach of Duty excluded: Subject to Clause 19.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any Liability arising pursuant to the terms of this Agreement.

19.5 What else we are not liable for: Subject to Clause 19.3, we shall not have any Liability in respect of any:
19.5.1 indirect or consequential losses, damages, costs or expenses;
19.5.2 loss of actual or anticipated profits;
19.5.3 loss of contracts;
19.5.4 loss of use of money;
19.5.5 loss of anticipated savings;
19.5.6 loss of revenue;
19.5.7 loss of goodwill;
19.5.8 loss of reputation;
19.5.9 loss of business;
19.5.10 ex gratia payments;
19.5.11 loss of operation time;
19.5.12 loss of opportunity;
19.5.13 loss caused by the diminution in value of any asset; or
19.5.14 loss of, damage to, or corruption of, data;
whether or not such losses were reasonably foreseeable or we or our agents or contractors had been advised of the possibility of such losses being incurred. For the avoidance of doubt, Clauses 19.5.2 to 19.5.14 (inclusive) apply whether such losses are direct, indirect, consequential or otherwise.

19.6 The limitation: Subject to Clause 19.3, our total aggregate Liability arising out of or in connection with all claims in aggregate (including warranty claims and losses relating to the breach of warranty) shall be limited to the greater of:
19.6.1 110% of all amounts paid and total other sums payable, in aggregate, by you to us under this Agreement in the 12 months prior to the date on which the claim first arose; or
19.6.2 £4,000.
19.7 The effect of the limitation: The limitation of Liability under Clause 19.6 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.

19.8 Your acknowledgement: You acknowledge and accept that we only provide the Services to you on the express condition that we will not be responsible for, nor shall we have any Liability (subject to Clause 19.3) directly or indirectly for any act or omission of you or any third party.

Notices
20.1 Termination: This Clause 20 does not apply to termination or cancellation of this Agreement or any Services, which is dealt with elsewhere in these General Terms.

20.2 Giving a notice: Subject to Clause 20.1, any notice given to either us or you by the other under or in connection with this Agreement shall be in writing, addressed (as applicable) to us at our registered office or addressed to you at such address as you may have specified to us from time to time, and shall be delivered personally, sent by pre-paid first class post, recorded delivery or commercial courier.

20.3 When a notice is considered delivered: A notice shall be deemed to have been received: if delivered personally, when left at the address referred to in Clause 20.1; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; and, if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed.

Events outside of our control
21.1 No liability: Subject to Clause 18.3 or Clause 19.3 (as applicable), we will not have any Liability or be responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.

21.2 Meaning of an Event Outside Our Control: An “Event Outside Our Control” means any act or event beyond our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

21.3 What happens following an Event Outside Our Control: If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:

21.3.1 we will contact you as soon as reasonably possible to notify you of the Event Outside Our Control; and
21.3.2 our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of our responsibilities under this Agreement, we will restart the performance of those responsibilities as soon as reasonably possible after the Event Outside Our Control is over.

21.4 Cancellation following an Event Outside Our Control: You may cancel this Agreement if an Event Outside Our Control takes place and you no longer wish to make use of the Services. Please see your cancellation rights under Clause 17. We will only cancel this Agreement if the Event Outside Our Control continues for longer than four weeks, in which case such cancellation shall have immediate effect.

Retention of Records
We shall keep a record of your Order and this Agreement until six years after you submit your Order to us through the Website. However, for your reference in future, we recommend that you print and keep a copy of this Agreement, your Order, the Order Acknowledgement and the Order Acceptance.

As a business, WebGuyUK is also GDPR compliant. See ‘GDPR Compliance’ in the footer of our website for more information on how we process your personal information.

Complaints
We value your satisfaction with the Website and the Services. If you have a complaint, you should contact us by means of the Support Services. We will try to address any such complaints you may have as soon as reasonably possible. If you feel that your complaint was not addressed to your satisfaction, then you may escalate your complaint by means of a notice (see Clause 20). Upon receipt of such notice, your complaint will be assessed by a company director and a full response will be made within 15 Business Days.

General
24.1 Third party rights: A person who is not us or you shall not have any rights under or in connection with this Agreement.

24.2 Transfer by you: This Agreement is personal to you. You may not assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with, this Agreement or any right, benefit or interest under it, nor transfer, novate or sub-contract any of your obligations under it, without our prior written consent (such consent not to be unreasonably withheld or delayed).

24.3 Transfer by us: We may transfer our rights and obligations under this Agreement to another organisation, and we will always inform you if that happens, but this will not affect your rights or our obligations under this Agreement.

24.4 Waiver: If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

24.5 Severance: Each of the provisions of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.

24.6 No partnership: Nothing in this Agreement shall constitute a partnership or employment or agency relationship between us and you.

24.7 Governing law: This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

24.8 Jurisdiction (if you are a Consumer): If you are a Consumer, you submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction. This Clause 24.8 shall not apply if you are a Business Customer.

24.9 Jurisdiction (if you are a Business Customer): If you are a Business Customer, you submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation. This Clause 24.9 shall not apply if you are a Consumer.

This Agreement, referred to as the Acceptable Use Policy ("Agreement"), outlines the terms and conditions governing your use of hosting and related services ("Services"). In this Agreement, "You" and "Your" pertain to the user of our Services, including any agent, employee, servant, or person authorized to act on Your behalf. "We," "us," and "our" refer to WebGuyUK. This Agreement delineates both Our obligations to You and Your obligations to Us concerning various services provided by WebGuyUK. Your use of the account, whether directly or through authorized agents, for acquiring additional WebGuyUK services or products, or for canceling existing WebGuyUK services, is covered by this Agreement. WebGuyUK's Terms of Service agreement ("TOS") is integrated herein by reference and applies to all Services under this Acceptable Use Policy.

User Obligations:

You affirm to WebGuyUK that your content will not violate any applicable laws or regulations, infringe on intellectual property rights, or be associated with illegal activities. You grant WebGuyUK a license to cache submitted content via the Services. Network Interruptions/Downtime: WebGuyUK will strive to maintain full-time Internet presence for Your account, acknowledging that downtime may occur due to various reasons. WebGuyUK is not liable for damages resulting from failures or delays in providing Internet access under this Agreement.

Accounts:

This Agreement applies to all accounts, sub-accounts, and alternative names associated with your principal account. You are responsible for compliance with this Agreement by all users of Your account. Transfer of a WebGuyUK account requires prior written approval.

IP Addresses:

WebGuyUK assigns an Internet Protocol ("IP") address to You, with usage subject to WebGuyUK's discretion.

SSH Access:

SSH access can be enabled upon request, and misuse may result in access revocation or account termination.

Trials, Promotions, and Discounts:

Clients may access promotions or trial periods, with discounts applicable to secondary services or products. Exclusivity to a discount or promotional code may be granted, and sharing such information is prohibited.

Prohibited Activities:

By using WebGuyUK's Services, You agree not to engage in various activities, including but not limited to violating laws, spamming, illegal communication, unauthorized access, hosting prohibited content, and promoting illegal activities.

Email and Anti-SPAM Policy:

Compliance with the CAN-SPAM Act is required. Sending mass unsolicited emails is prohibited. WebGuyUK may charge a fee for deliberate or reckless spam activity and may share information with anti-SPAM organizations.

Resource Limitations:

Shared hosting services have limitations on server storage, bandwidth, and usage. Specific activities are restricted to ensure fair resource usage.

Disk Usage Provision:

Website content must be linked from an HTML or similarly coded web page. Limits are imposed on downloadable files, media, databases, and executable files.

WebGuyUK reserves the right to determine unfair or inappropriate usage and may suspend accounts or upgrade to higher resource availability at its discretion. Certain file extensions may be removed without prior warning.

Backup Limitations:
If an account surpasses 10GB of disk space or contains more than 200,000 inodes, it may be excluded from our weekly or daily backup routines. Users with hosting accounts exceeding 10GB of disk space or 200,000 inodes are responsible for maintaining their own account copies.

It's important to note that accounts taking over 1 hour to back up, typically due to a high number of inodes or large account size, will be automatically excluded from the backup process.

Our backup service is offered as a courtesy, and while we strive for the best effort, accounts exceeding the specified limit will be excluded automatically. It is advisable to maintain personal backups off-site in all situations.

Softaculous backups stored on the server will be deleted without any copies retained. Storing any backup types within the hosting space is strictly prohibited.

Plugins utilized for backups must not store local backups within the account quota and should only be stored 'offsite' with an approved cloud storage provider, such as Google Drive or S3. Failure to comply may result in account suspension or removal.

For a list of extensions/files excluded from our backups, refer to:
[Link to the article]

This list is subject to modification at any time. The script used for file removal to urgently clear disk space can be found here:
[Link to the script]

These extensions may occasionally be automatically removed from account storage to ensure stability/free storage capacity on shared servers/services.

Automatic backups are available only as specified in the marketing collateral for the particular product. 

Our standard backup schedule:
- 7 Daily Backups
- 4 Weekly Backups

Schedules may vary depending on the service, at our discretion.

While we make every effort to ensure complete and available backups, WebGuyUK cannot be held responsible for missing or corrupt backup data.

Upon termination/removal of an account, backups may be held for a maximum of 48 hours, deviating from the standard retention policy.

Restoring accounts post-cancellation or closure may incur additional administrative charges.

Email Services:
Adhere to the specified email sending limits and storage restrictions outlined here:
[Link to email sending limits]

Premium products may offer different/increased sending limits.

Hosting accounts should not exceed 50 provisioned email addresses for a single user.

Follow the provided guidelines for IMAP/POP3 mailboxes and concurrent connections.

WebGuyUK may limit email volume at its discretion, and blocking may occur without prior notice.

 

Storage and Security:
Users are responsible for server content, including loss prevention, confidentiality, and security measures. WebGuyUK services are not intended for data backup or archiving.

Transfer of Content:
Third-party software provided as-is; users must ensure compatibility and adhere to WebGuyUK's guidelines. WebGuyUK is not responsible for third-party software performance.

Third Party Software:
Use third-party software at your own risk; WebGuyUK has no liability for performance or outcomes. Users are responsible for required license fees.

Reservation of Rights:
WebGuyUK reserves the right to modify pricing, establish guidelines, and terminate services for various reasons.

Limitation of Liability; Waiver and Release:
Services are provided "AS IS," and WebGuyUK disclaims warranties. WebGuyUK is not liable for various issues, including suspension, business interruption, or data loss.

Legal Age:
Users must be of legal age to enter into the agreement; WebGuyUK reserves the right to terminate agreements with individuals under 18.

For registered customers with access to our Client Area (https://clients.webguy.uk), the most efficient way to reach us is by logging in and navigating to 'Open Ticket.' From there, you can open a ticket directed to the relevant department for your inquiry.

If you wish to contact us but don't have access to the client area (either because you are not yet a customer or due to being locked out), you can reach us through the following channels:

General Enquiries:
Email: support@webguy.uk

Report Abuse / Abuse Response:
Email: abuse@webguy.uk

Complaints:
Email: hello@webguy.uk

We aim to respond to emails within 48 hours however it can sometimes lead out with this time-frame.

Note that complaints should be submitted in writing to hello@webguy.uk, and a confirmation of receipt will be provided within 1 working day.

For escalating complaints, if you are dissatisfied with the resolution, you may request a review or a second opinion from another senior member of the team.