Terms & Conditions
The use of VARiHOST Limited services is governed by the below Terms & Conditions.
Last updated 26/02/2008Server use
VARiHOST reserves the right to refuse service and/or access to its servers and/or services to anyone.
VARiHOST does not allow any of the following content to be stored on its servers:
Adult material - includes all pornography, erotic images, or otherwise lewd or obscene content.
Excessive download content or non-linked content.
Refusal of service based on content matching either of these two criteria is entirely at the discretion of VARiHOST.
Support
We will endeavor to provide a continuous high quality service. If you experience problems with your service, you should consult our support website.
Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime is available on the VARiHOST support website, as are details of any interruptions to our services.
Database Usage
If you exceed the limits on our database products (MS SQL and MySQL) then we will automatically charge you for the additional space you use at our current prices. For example if you have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 50MB in that month.
Uploads via scripting languages
We limit uploads made via scripting languages - including PHP, ASP and ASP.NET. Uploads are limited to 20MB per file
High Resource User Policy
Resources are defined as bandwidth, processor utilization or disk space.
VARiHOST may implement the following policy to its sole discretion:
When the resources utilised by a customer in using a service are abnormally high, VARiHOST reserves the right to suspend that service immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our services. Customers may be offered an option whereby VARiHOST continues supplying the service under a reduced usage criteria specified by VARiHOST. Failure to comply with such measures may result in your service being terminated.
Email Sending Limits
VARiHOST does not accept or support the sending of spam email on its systems. We provide strict limits concerning the sending of email from our servers, these limits are:
Limits are based on sending for a single account. We also implement hourly monitoring of email volume sent from each acocunt.
Any account exceeding these limits is automatically suspended and a review carried out.
We can provide an additional service to provide virtually unlimited delivery requirements. Please contact us for details.
In the event we receive significant numbers of "SPAM-report" type complaints, the account will be closed without refund.
Payment policies
All accounts are set up on a prepay basis. Although VARiHOST reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due every 30 or 365 days, from the date the account was established. Customers will automatically be charged again at the end of their prepay period unless confirmation of the wish to close has already been received.
No bills or invoices will be sent by regular mail, unless previously agreed. All invoices will be sent directly to customers via email shortly after the online purchase has been made.
All payment is in UK sterling. All prices displayed are shown excluding UK VAT.
Service/Contract Duration
The minimum duration of each service will be specified on our website and during sign up for each service.
Your personal details
Please note that whilst your email is primarily used for billing purposes, VARiHOST reserves the right to email you information about enhancements to our systems and product offerings.
We will not provide any of your personal information to other companies or individuals without your permission.
Payment options
VARiHOST provide three payment options. Full details of which can be found on your invoice.
Credit / Debit Cards: VARiHOST accepts MasterCard, Maestro, American Express, Visa, Visa electron, Switch/Maestro and Solo via PayPal.
Cheque Payment: This option is only available to business customers who pay annually for their VARiHOST account. VARiHOST cannot guarantee that a service will be provided until after any received cheques have been cleared. Please contact us to set-up a cheque payment option.
BACS: Banks Automated Clearing System, direct to our Bank. Please contact us for full details to setup a BACS payment.
Late Payments
In the event that an account is not settled within agreed credit terms of 30 days, services supplied will be suspended.
We understand and will exercise our statutory right to interest if we are not paid according to agreed credit terms. 30 days from invoice date.
30 day Money Back Guarantee
For customers opening their first account the initial 30 days are available on a Money Back Guarantee basis.
The customer may request a full refund of Website Hosting or Exchange Email services, within the first 30 days of service.
Customers will not be entitled to this benefit if they have previously had an account with VARiHOST, unless the period of absence has been greater than one year. New customers will not be entitled to a trial period if any account has previously been created at the same postal address within the same 12 month time span.
Hosting Quote - FREE hosting
Our hosting quote service only provides a quote, you are not placing an order or committing to any service with VARiHOST. It is a request for information.
Our promise - Should we take longer than 1 hour to provide a quote, FREE hosting on our Windows™ Server 2003 platform with standard email facilities will be provided. Your hosting quote package will not be matched for FREE.
FREE Domain offer - commenced 26/03/2008
This offer entitles one FREE domain name (.co.uk, .uk, .com, .org, .net, .biz, .name or .info) for each Web Hosting or Exchange email account.
Minimum contract period on hosting packages under this offer is 12 months.
New package Sign-ups only (existing customers opening a new package can take advantage of this offer)
Offer is for a limited time only and may change at any time without notice.
Domains are subject to availability and must be chosen at the time of purchasing a hosting package to qualify for the offer.
The domain will be renewed FREE of charge for the life of the Web Hosting or Exchange email account held with VARiHOST. If the account is cancelled, future registration fees will be applicable. The domain can be transferred to another registrar, without charge.
Cancellation and refunds
VARiHOST reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes VARiHOST' terms of service a refund will not be issued in the event of a cancellation.
Customers may cancel their account at any time by giving 30 days written notice to VARiHOST. During the initial 30 day trial period customers who wish to cancel will be entitled to a full refund for their hosting fees only, but will not be entitled to a refund for any additional services purchased. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.
Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund unless the service is cancelled by VARiHOST. In addition some accounts incur set-up fees, these charges are also non-refundable.
Chargebacks
Any customer withdrawing payments via bank or credit card (a "chargeback") may be subject to a punitive fee of £50, should the company deem this chargeback to be unfair. The company also reserves its right to defend such chargebacks and recover the original monies from the card issuer.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold VARiHOST harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against VARiHOST, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless VARiHOST against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with VARiHOST' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from VARiHOST' server.
Disclaimer
VARiHOST shall use its reasonable endeavours to make the servers and the Services available to the Customer 100% of the time, but because the Services are provided by means of computer and telecommunications systems, VARiHOST makes no warranties or representations that the Service will be uninterrupted or error-free and Heart Internet shall not, in any event, be liable for interruptions of Service or downtime of the server.
VARiHOST will not be responsible for any damages your business may suffer. VARiHOST makes no warranties of any kind, expressed or implied for services we provide. VARiHOST does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, VARiHOST cannot guarantee to be able to replace lost data. VARiHOST disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by VARiHOST and its employees. VARiHOST reserves the right to revise its policies at any time.
Please note: by signing up for any of our services you agree to be bound by all VARiHOST terms and conditions.