Terms and Conditions
This page (together with the documents referred to on it) tells You the terms and conditions on which We will supply any of the products (Services) listed on Our website (lunahost.co.uk) to You. Please read these terms and conditions carefully and make sure that You understand them before ordering any Services from Our website. You should understand that by ordering any of Our Services, You agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
References to "You" and "Your" shall be to you as the customer. References to "We", "Our" and "Us" shall be to Goodbytes Ltd trading as LunaHost.
Information About Us
- We operate the website lunahost.co.uk. We are LunaHost, Our office is at Goodbytes Office (LunaHost), Portland House, Belmont Business Park, Belmont, County Durham, DH1 1TW. Our contact email address is email@example.com
We provide the following services:
Each one being a ("Service") and more than one being the ("Services").
- Domain Names
- Dedicated Servers
- cPanel Hosting
- Reseller Hosting
- Linux VPS
- SSL Certificates
- Domain ID Protect
By placing an order through Our website ("Order") and opening an account with Us ("Account"), You warrant that:
- You are legally capable of entering into binding contracts; and
- if You are an individual, You are at least 18 years old.
How The Contract Is Formed Between You And Us
- After placing an order, You will receive an e-mail from Us acknowledging that We have received Your order. Please note that this does not mean that Your order has been accepted. Your order constitutes an offer to Us to buy a Service. All orders are subject to acceptance by Us, and We will confirm such acceptance to You by sending You an e-mail that confirms that the Service(s) will be provided (Service Confirmation). The contract between Us (Contract) will only be formed when We send You the Service Confirmation.
- The Contract will relate only to those Services whose supply We have confirmed in the Service Confirmation. We will not be obliged to supply any other Services which may have been part of Your order until the provision of such Services has been confirmed in a separate Service Confirmation.
Availability And Delivery
- Access to the Services will be provided by the go-live date set out in the Service Confirmation or, if no go-live date is specified, then within a reasonable time of the date of the Service Confirmation, unless there are exceptional circumstances.
Backup, Archiving And Recovery Services
- Backups are stored at an off-site location with a 3rd party provider for complete independence.
- All websites on our Web Hosting and Reseller Hosting packages are backed up daily. All Server customers are responsible for backing up their own servers.
- If You require bespoke back up services, We shall develop a back-up schedule with You at an additional charge.
- Our free off site backup service is merely a courtesy. We will use reasonable efforts to protect and backup data on a regular basis, however We do not guarantee the existence, accuracy or regularity of the backups we maintain and You are solely responsible for making Your own data backup arrangements
through our premium backup Service or through your own backup solution.
Quality Of Services
We warrant that:
- We will perform the Services with reasonable care and skill and in accordance with generally recognised commercial practices and standards;
- the Services will conform with all descriptions and specifications detailed on Our website;
- the Services will be provided in accordance with all applicable legislation from time to time in force;
- the Services shall conform with the relevant (Service Level Agreements).
- Your rights under this agreement are in addition to the statutory terms implied in favour of the Customer
by the Supply of Goods and Services Act 1982 and any other statute.
Price And Payment
- The price of the Services will be as quoted on Our website from time to time, except in cases of obvious
- Service prices do not include VAT. As we are not VAT registered we do not charge it.
- Service prices are liable to change at any time, but changes will not affect orders in respect of which We
have already sent You a Service Confirmation.
- Our website contains a large number of Services and it may be possible that, despite Our best efforts, some of the Services listed on Our website may be incorrectly priced due to price revisions we undertake. We will normally verify prices as part of Our Service Confirmation procedures so that, where a Service's correct price is less than Our stated price, We will charge the lower amount when providing the Service to You. If the Service's correct price is higher than the price stated on Our website, We will normally, at Our discretion, either contact You for instructions before providing the Service, or reject YOur order and notify You that We are rejecting it.
- If the pricing error is obvious and unmistakeable and could have reasonably recognised by You as an error, We do not have to provide the Services to You at the incorrect (lower) price.
- Payment for all Services must be by credit, debit card or PayPal. We accept most credit cards and debit cards; like MasterCard, Visa, American Express, Discover, Visa Electron, UK Maestro. We will not charge your payment method until we have confirmed your order.
- License costs of all third party applications and software offered with our plans are subject to change without written intimation.
- LunaHost reserves the right to pass on any additional charges/price increases as a result in price changes from third party software and license vendors irrespective of the hosting cycle.
Our Refunds And Cancellation Policy
- You may within 7 calendar days of placing an Order amend or cancel an Order by providing Us with written notice. If You amend or cancel an Order, Your liability to Us shall be limited to payment to Us of all costs We reasonably incur in fulfilling the Order until We receive Your amendment or cancellation. However, where the amendment or cancellation is due to Our failure to comply with these Terms and Conditions You shall have no liability to Us for it.
All customers are entitled to benefit from Our 30 day money back guarantee in respect of the following services:
except for customers who have already benefitted from Our money back guarantee who subsequently re-order the same service and provided that in all cases, in respect of any usage made of the Service(s) during the 30 day period, a pro rata amount shall be deducted from the refund. The 30 day period commences on the date You first use the relevant Service or the date We state that the relevant Service will be available in the Service Confirmation, whichever is earlier.
- Shared Hosting
- Reseller Hosting
- VPS Hosting
- There will be no refunds for new domain registrations, ID Protect, WHM/CPanel, Plesk VPS & Dedicated Server License, Virtuozzo, SpamExperts, SSL Certificates or Site Builder unless a refund is given to Us by the external vendors from which these items are purchased. We will have no obligation to pursue a refund from such external vendors.
- We cannot guarantee any domain You pre-order will be successfully registered as and when it becomes available for registration. If We are unable to register any pre-ordered domain name, We will provide a full refund in the form of account credit after the domain extension becomes available to the public.
- If a refund which is requested by the Customer is to an international bank account outside of the United Kingdom, the Customer agrees to bear any and all charges incurred to us for the payment transfer. The amount which the Customer owes us shall be deducted from the total refund amount.
- In case of shared hosting account cancellation, the charges for free domain will be deducted from the amount to be refunded (if any). Domain will be free only for the initial first year in case of gTLDs and 2 years in case of .uk TLDs. Renewal charges will have to be be paid as applicable at the time of renewal. Applicable TLDs covered under free domain registration/transfer offer are .com, .net, .org, .biz, .info, .eu,
.co.uk, .org.uk, .me.uk.
- You are to ensure any requested domain registration request is not made in bad faith, does not infringe on any third party rights, will not be used for any unlawful purpose or would be considered to be an abusive registration under the enom or Nominet dispute resolution policies.
- You acknowledge that LunaHost are not obliged to accept any request to register a domain.
- LunaHost make no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of registration of any requested domain.
- You acknowledge that domain registrations and renewals where successful are non-refundable.
- You acknowledge that LunaHost are unable to correct spelling mistake(s) in a domains once a domain has been successfully registered, please ensure you check before submitting the domain for registration.
- You agree to pay LunaHost all applicable fees as detailed on our domain pricing page located at www.lunahost.co.uk/domains
- In instances where LunaHost are unable to register or renewal a domain, a full refund of the domain registration or renewal fee will be provided.
- All domains are registered through our partner enom and in addition are subject to enom's terms & conditions located at www.enom.com/terms/
- You will at all times comply with the terms and conditions (from time to time subsisting) applying to the registration of domain names published by the relevant naming authority (including the domain dispute resolution policy of that authority) and any other authority having similar force.
- You agree and acknowledge that LunaHost will make registration information in relation to the requested domain available to ICANN, eNom, Nominet or any other appropriate registration authority.
- You acknowledge that you are obligated to provide accurate domain registration details, and that those details will be published to the WHOIS directory with respect to the chosen domain name, as required by ICANN & Nominet.
LunaHost will endeavour to automatically renew your domain within 30 days prior to expiry unless:
- LunaHost are unable to take payment for the renewal.
- You choose to opt out of auto-renewal through the LunaHost control panel 30 days prior to the expiry date.
- The domain has been transferred to another registrar.
- If a .UK domain that the domain is no longer on the LunaHost or ENOM tag.
- If a .UK domain is on the ENOM tag but no longer held with LunaHost
- You may not be transfer away the domain from us to another registrar during the first sixty (60) days following the registration or transfer of a domain.
- LunaHost will not accept any transfer request for a domain that is due to expire within 7 days.
- LunaHost will not transfer ownership of a domain to another registrar until all fees attributable to the domain registration, renewal or transfer have been paid.
- You undertake to comply with the content standards set out in our Acceptable Use Policy in respect of any material posted on or associated with any Domain.
- Where ICANN and/or Whois, or any replacement body of the same (or where the Domain is registered with a registrar in a different jurisdiction, any equivalent body or registrar), makes any complaint in respect of the use of the domain name including but not limited to 'cyber squatting', We reserve the right to immediately cancel this service and no refunds shall be made.
- "Due to a legal agreement between ENOM INC, and our domain registrar, and LegitScript, customers should be aware that the domains purchased with the intent of selling prescription drugs, via a company not properly licensed in the destination country, could be frozen pending a legal appeal. LunaHost has no control over this process and disputes will need to be handled through the proper legal channels in the disputed country."
- LunaHost reserves the right to change the registrar that a domain is held with, at its own discretion and without notice.
- If you are registering a domain on behalf of a third party you are obligated to ensure the domain owner is made aware of these terms and conditions.
- If You have ordered any Hosting Services from Us, You shall comply with Our Hosting Services Terms and Conditions, which shall apply in addition to these Terms and Conditions.
- here a conflict, discrepancy or confusion arises between these Terms and Conditions and the Hosting Services Terms and Conditions, the Hosting Services Terms and Conditions shall prevail in respect of any Hosting Services.
- You agree and understand that the maximum size of a single MySQL database will not exceed 1GB irrespective of the web space allocated to the hosting account and that the size of each mailbox will be limited to 768MB on all hosting services.
- Where part of the Services purchased includes internet connectivity, such connectivity shall be provided through an internet service provider at the hosting facility. The connectivity shall include multiple, diversely routed high-speed connections, a firewall for security and a load balancer for traffic management and speed optimisation.
- We shall supply burstable bandwidth connectivity services. The connectivity shall include multiple connections and a network operations centre that monitors servers, the network platform and internet access.
- If Your account exceeds the bandwidth limit, We will inform You. If You do not wish to purchase extra bandwidth or upgrade Your account and continue to exceed the limit, Your account shall be suspended until You demonstrate to Us that You have taken measures to ensure that the limit won't be exceeded again or
upgrade Your account, whichever is earlier. Any re-activation will be made in the following month.
- You acknowledge and agree that We and/or Our licensors own all intellectual property rights in the Services and any related Software provided in respect of the same. Except as expressly stated herein, these terms and conditions do not grant You any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Software, Services or any related documentation.
- We confirm that We have all the rights in relation to the Software that are necessary to grant all the rights We purport to grant under, and in accordance with, the terms of this agreement.
Confidential Information shall not be deemed to include information that:
- is or becomes publicly known other than through any act or omission of the receiving party; or
- was in the other party's lawful possession before the disclosure; or
- is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
- is independently developed by the receiving party, which independent development can be shown by written evidence; or
- is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
- Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of this agreement.
- Each of Us shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this agreement.
- Each of Us shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
- Without limiting Our other rights or remedies, We may terminate Your Account with Us immediately if:
You commit a material breach of these Terms and Conditions or any of the other terms and conditions or policies referred within these Terms and Conditions;
- You (being a company) suspend, or threaten to suspend, payment of Your debts or Your are unable to pay Your debts as they fall due or You admit an inability to pay Your debts or You are deemed unable to pay Your debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) You are
deemed either unable to pay Your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
- You (being a company) commence negotiations with all or any class of Your creditors with a view to rescheduling any of Your debts, or You make a proposal for or enter into any compromise or arrangement with Your creditors other than except for the sole purpose of a scheme for a solvent amalgamation with one or
more other companies or the solvent reconstruction;
- a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with Your winding up other than for the sole purpose of a scheme for a solvent amalgamation with one or more other companies or solvent reconstruction (You being a company);
- You (being an individual) are the subject of a bankruptcy petition or order;
- a creditor or encumbrance attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, You or the whole or any part of Your assets and such attachment or process is not discharged within  days;
- (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over You.
- (being a company) a floating charge holder over Your assets has become entitled to appoint or has appointed an administrative receiver;
- a person becomes entitled to appoint a receiver over Your assets or a receiver is appointed over Your assets;
- any event occurs or proceeding is taken in any jurisdiction that has an effect equivalent or similar to any of the events mentioned in 62 (inclusive);
- You suspend or cease, or threaten to suspend or cease, to carry on all or a substantial part of Your business; or
- You (being an individual) die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing Your own affairs or You become a patient under any mental health legislation.
- Without limiting Our other rights or remedies, We may terminate Your Account with immediate effect by giving written notice to You if the You fail to pay any amount due from You to Us.
- Without limiting Our other rights or remedies, We shall have the right to terminate the Contract by giving the other party 1 months' written notice.
- We reserve the right to terminate any account where the account holder advises that they have or are about to initiate legal proceedings against LunaHost. Notice will be given advising the scheduled termination date, allowing clients to move to a new provider and take any backups. The previous months refund will also be refunded upon termination.
Consequences Of Termination
- On termination of the Contract for any reason:
- You shall immediately pay to Us all outstanding unpaid invoices and interest and, in respect of Services supplied. Where no invoice has been submitted, We shall submit an invoice, which shall be payable by You immediately on receipt;
- You shall return any hardware or other equipment provided to You by Us which have not been fully paid for. If You fail to do so, then We may enter Your premises and take possession of them. Until they have been returned, You shall be solely responsible for their safe keeping and will not use them for any purpose not connected with the Services;
- the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of these Terms and Conditions which existed at or before the date of termination or expiry; and
- lauses which expressly or by implication have effect after termination shall continue in full force and effect.
Limitation Of Liability
This clause 17 sets out Our entire financial liability (including any liability for the acts or omissions of Our employees, agents and sub-contractors) to You in respect of:
- any breach of these Terms and Conditions;
- any use made by You of the Services or any part of them; and
- any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
Except as expressly and specifically provided in these Terms and Conditions:
- You assume sole responsibility for results obtained from the use of the Services and/or any related software by You, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to You in connection with the Services, or any actions taken by Us at Your direction; and
- all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement.
Nothing in these Terms and Conditions excludes Our liability for:
- for death or personal injury caused by Our negligence; or
- for fraud or fraudulent misrepresentation.
- The applicable Service Level Agreement to Your Services states Your full and exclusive right and remedy, and Our only obligation and liability in respect of, the performance and/or availability of the Service, or their non-performance and non-availability.
- Subject to clause 73, if We fail to comply with these terms and conditions, We shall only be liable to You for the purchase price of the Services.
Subject to clause 73, We will not be liable for losses that result from Our failure to comply with these terms and conditions that fall into the following categories even if such losses result from Our deliberate breach:
However, clause 75 will not prevent claims for loss of or damage to Your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories in cluase 76.
- loss of income or revenue;
- loss of business;
- loss of profits;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time.
Subject to clause 73 We shall not be liable for any loss arising as a consequence of:
- loss of material uploaded (unless such loss is as a result of the failure of Backup Services purchased from us;
- incompatibility of the Services with any of Your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the Services;
- unsuitability, unreliability or inaccuracy of the Services;
- computer viruses of any kind obtained from You in the course of using the Services;
- any security breaches whatsoever affecting the Customer's Account.
- Subject to Clause 73, Our liability to You in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents shall be limited to the annual fees paid by You to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until You have provided documentary evidence to Our satisfaction proving that loss has occurred.
- We exclude all liability of any kind in respect of any material on the internet posted by means of the Services and We are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the
accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.
- If You order Services from Our website which are to be used or accessed outside of the UK, they may be subject to import duties and taxes which are levied when the Services are provided to You. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact Your local customs office for further information before placing Your Order.
- Please also note that You must comply with all applicable laws and regulations of the country for which the Services are used or made available. We will not b liable for any breach by You of any such laws.
- 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. 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.
- All notices given by You to Us must be given to LunaHost. We may give notice to You at either the e-mail or postal address You provide to Us when placing an order, or in any of the ways specified in clause 19 above. Notice will be deemed received and properly served immediately when posted on Our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
SMS Notifications Service
- If you subscribe to receive SMS notifications from us, you may receive promotional messages from us from time to time. Any such marketing messages are strictly in relation to our own products and services, and are not sent by or on behalf of any third party. You will not receive more than one (1) marketing SMS per week. We will never disclose your phone number onto any third party. You can unsubscribe from receiving SMS notifications at any time via the LunaHost Client Area.
Events Outside Of Our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms and Conditions that is caused by events outside Our reasonable control (Force Majeure Event).
Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government; and
- pandemic or epidemic.
- Our provision of the Services is 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.
- If We fail, at any time during the term that We provide the Services, to insist upon strict performance of any of Your obligations under these Terms and Conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under these Terms and Conditions, this will not constitute a waiver of such rights or remedies and will not relieve You from compliance with such obligations.
- A waiver by Us of any default will not constitute a waiver of any subsequent default.
- No waiver by Us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with clause 20 above.
Commercial Advertising / Email(SPAM)/Unsolicited Commercial Email (UCE)
- You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. LunaHost would be the sole arbiter as to what constitutes a violation of this Clause.
- You agree and understand that we have set a limit of 500 outgoing emails per hour on shared and reseller hosting, 500 outgoing emails per hour on VPS Hosting, 1000 outgoing emails per hour on Cloud Hosting and 3600 outgoing emails per hour on Dedicated Hosting to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists.
- If any court or competent authority decides that any of the provisions of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Our Right To Vary These Terms And Conditions
- We have the right to revise and amend these terms and conditions from time to time, such change will take effect from the time You next use any of the Services.
- You will be subject to the policies and terms and conditions in force at the time that You order products 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), or if We notify You of the change to those policies or these terms and conditions before We send You the Service Confirmation (in which case We have the right to assume that You have accepted the change to the terms and conditions, unless You notify Us to the contrary within seven working days of receipt by You of the Services).
Law And Jurisdiction
- These Terms and Conditions and the documentation referred to herein, the purchase of Services through Our website and any dispute or claim arising out of or in connection with the same or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with these Terms and Conditions or the formation of the contract between Us (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
- Offers are available at our discretion. We can suspend any available offer at any time without warning or notice.
- Offers are valid for new orders only and not for subsequent renewals unless otherwise stated in that particular offer's terms and conditions.
- The Offer is limited for a duration of 1 month unless stated otherwise.
- The offer of Free Domain would be valid for the following extensions only: .com, .net, .org, .biz, .info, .eu, .co.uk, .org.uk or .me.uk; renewals need to be paid at the full rate.
- A Domain once registered cannot be cancelled.
We operate the website lunahost.co.uk. We are LunaHost, Our office is at Goodbytes Office (LunaHost), Portland House, Belmont Business Park, Belmont, County Durham, DH1 1TW. Please be advised all visitors are required to book in advance of visiting our office. If you would like to get in touch with us, please write to us at the address above or by calling (+44) 0191 645 1298. Alternatively, Our contact email address is firstname.lastname@example.org.