Terms & Conditions
Terms & Conditions
These Terms and Conditions (the “Terms”) will apply to the purchase of the Services by you (the “Customer” or “you”) through the websites https://www.reforesthosting.com/terms-conditions/; account.reforesthosting.com; and webmail.reforesthosting.com. These websites are owned and managed by Reforest Group Ltd trading as Reforest Hosting of Unit 2b, New Mills. Libby’s Drive, Stroud GL5 1RN, United Kingdom and you can contact us via [email protected]; (the “Supplier”, “us” or “we”).
The following provisions herein pertain to the acquisition and utilization of our services, content, and website(s) (collectively referred to as the “Services”), which we provide to you. They also encompass additional legal obligations that we, as a hosting provider, are obligated to fulfil. In light of our capacity to accept your order and establish a legally binding agreement without further recourse to you, it is imperative that you peruse these Terms diligently to ensure their alignment with your preferences, and absence of any content that may cause dissatisfaction. These Terms constitute the foundation upon which all Services are extended to you. By placing an order for any of the Services, you explicitly consent to be bound by these Terms and Conditions. The purchase of Services from the Website is exclusively open to individuals who meet the prerequisites for entering into a contractual agreement, and who have attained a minimum age of 18 years.
- Definitions:
- “Customer” means an individual or business entity purchasing our Services. As aforementioned, any reference to “you” and other variations of the word shall refer to the Customer;
- “Contract” means the legally-binding agreement between you and us for the supply of the Services;
- “Delivery Location” means online;
- “Durable Medium” means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- “Order” means the Customer’s order for the Services from the Supplier as submitted following the step-by-step process set out on the Website;
- “Privacy Policy” means the terms which set out how we will deal with confidential and personal information received from you via the Website;
- “Services” means the services advertised on the Website;
- “Website” means our website www.reforesthosting.com on which the Services are advertised.
- Services:
The Services are accurately described on the Website, catalogues, brochures, or any other form of advertisement. However, it is important to note that any descriptions provided are merely for illustrative purposes, and slight variations may occur. In instances where Services are customised to meet your specific requirements, it is incumbent upon you to ensure the accuracy of the information and specifications provided. Availability of all Services displayed on the Website is subject to confirmation. In order to adhere to relevant laws and safety regulations, we reserve the right to make necessary modifications to the Services. In such cases, we shall promptly notify you of these changes.
- Customer Obligations:
In relation to the Services, the following obligations and responsibilities are applicable to you:
- Co-operation: It is imperative that you actively cooperate with us in all matters pertaining to the Services. This includes providing access to any premises under your control as deemed necessary by us, and furnishing us and our authorised employees and representatives with all relevant information required for the proper execution of the Services. Additionally, you are responsible for obtaining any necessary licences and consents, unless otherwise agreed upon.
- Customer Default: Failure to comply with the aforementioned obligations constitutes a default on your part as a customer. In such cases, we reserve the right to suspend the provision of the Services until the default is rectified. If you fail to remedy the default following our request, we retain the right to terminate the Contract immediately by providing written notice to you.
- Website Owner’s Responsibility: As the owner of a website, you bear full responsibility for ensuring compliance with all legal requirements regardless of what we provide. This encompasses the inclusion of a functional and comprehensive set of Terms and Conditions, Privacy Policy, and all other legally mandated information in the website’s footer. Furthermore, you are solely accountable for adhering to applicable data protection practises.
- Personal information and Registration:
Upon registering to use the Website, it is essential that you establish a username and password. It is your ongoing responsibility to ensure that all actions undertaken using the selected username and password are authorised by you. You must exercise utmost care to maintain the confidentiality of your username and password, refraining from disclosing them to any third party, and keeping them strictly confidential.
We handle and utilise all information in accordance with the Privacy Policy, maintaining strict confidentiality and adhering to relevant privacy laws and regulations.
For communication purposes, we may contact you through email or other electronic communication methods, as well as via pre-paid post. By expressly agreeing to these Terms, you consent to receiving such communications from us.
- Basis of Sale:
The depiction of the Services on our website does not constitute a contractual offer for the sale of such Services. Upon submission of an Order through the Website, we retain the right to reject it for any reason. However, we will make reasonable efforts to promptly inform you of the reasons for rejection. The process for placing an Order is outlined on the Website, and at each step, you have the opportunity to review and correct any errors before submitting the Order. It is your responsibility to ensure that the ordering process has been followed accurately.
A Contract will be established solely for the Services specified in the Order when you receive an email from us confirming the details of the Order (Order Confirmation). It is crucial that you verify the completeness and accuracy of the Order Confirmation and promptly notify us of any errors. We shall not be held responsible for any inaccuracies in the Order placed by you.
By placing an Order, you agree that we may provide confirmation of the Contract via email, encompassing all relevant information (i.e., the Order Confirmation). You can expect to receive the Order Confirmation within a reasonable timeframe after the Contract is made, and in any case, prior to the commencement of performance of the Services.
Any quotation or estimate of fees provided is valid for a maximum period of one day from its issuance, unless expressly withdrawn earlier. Annually, in April, we conduct a price review and reserve the right to increase our fees by a maximum of 50%. In the event of such fee changes, we will notify all customers, who will retain the right to cancel the Contract without adhering to the usual 30-day notice period.
These Terms and Conditions are intended to govern Contracts entered into by you as a Customer. If this is not the case, it is essential to inform us so that we can provide you with an alternative contract, which may offer more suitable terms for your circumstances, potentially granting you certain rights as a business entity.
- Fair Usage:
Our standard unlimited hosting plans provide unlimited storage capacity on our servers specifically for website hosting purposes. It is important to note that our servers are not intended for general storage or backup purposes. Should any individual be found to be in violation of our fair usage policy by misusing the server storage, they will be required to remove the excessive files from our servers. Alternatively, they may choose to upgrade their hosting plan to a Virtual Private Server (VPS) or a Cloud Hosting package, which better accommodates their specific storage needs.
Please read our acceptable use policy in full before accepting these terms. The acceptable use policy makes up part of these Terms of Service.
- Fees and Payment:
The fees (referred to as “Fees”) associated with the provision of Services and any supplementary delivery or miscellaneous charges are as stated on the Website at the time of Order acceptance. Alternatively, they may be as agreed upon in writing between the parties. The pricing of Services may be based on a fixed price or a standard hourly rate.
Payment for the Services must be made by submitting your credit or debit card details along with your Order. We reserve the right to process the payment immediately or at another point before the delivery of the Services takes place.
- Late Payment:
In the event of late payment, the Customer shall be responsible for all costs and expenses incurred by the Supplier in relation to the recovery of such late payment, including but not limited to administrative fees, collection costs, and legal fees. The Supplier reserves the right to charge interest on late payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2013 (the “Late Payment Legislation”).
The interest rate charged on late payments shall be a fixed rate equal to 10% per annum above the Bank of England’s base rate in effect on the date the payment became overdue. The interest shall accrue on a daily basis from the due date until the actual date of payment, both before and after any judgement or court order, if applicable.
In addition to the interest charges, the Supplier may also claim compensation for debt recovery costs as stipulated under the Late Payment Legislation, which may include a fixed sum to cover the Supplier’s reasonable costs for debt recovery.
Any payments made by the Customer shall be first applied towards any outstanding interest, fees, or costs owed to the Supplier, and the remaining amount shall be applied towards the outstanding principal.
The Supplier retains the right to suspend or terminate the provision of Services to the Customer if there is a persistent pattern of late payments or non-payment. In such cases, our software system automatically disables websites if payment is not received within 28 days. If payment is not made within 60 days, the software system will automatically cancel the Service and remove the hosting.
The rights and remedies available to the Supplier under this late payment clause are in addition to any other rights and remedies available under the law.
- Delivery:
We are committed to delivering the Services to the designated Delivery Location within the agreed-upon timeframe or, in the absence of a specific agreement, within a reasonable timeframe. Please note that our standard delivery medium is online and we deliver worldwide.
In the event that we fail to deliver the Services on time, and it is out of our own fault and no fault of yours, you have the right to request a reduction in the Fees or charges by an appropriate amount. This may include the option to receive a refund for any amount already paid in excess of the reduced amount. The extent of the reduction can, if applicable, be up to the full amount of the Fees or charges. This won’t apply in the event of a force majeure event or when the delay is as a result of your own fault.
- Risk and Title:
The risk of damage to or loss of any Services will be transferred to you upon the delivery.
Ownership of the Service will not be transferred to you until we have received full payment for them. In the event that full payment is overdue or any action is taken towards your bankruptcy, we reserve the right to cancel any pending deliveries and revoke your right to use the Services that are still owned by us.
- Withdrawal and Cancellation:
You have the right to withdraw the Order before the Contract is formed if you simply wish to change your mind, without providing any reasons, and without incurring any liability.
This Contract is considered a distance contract, as defined below, and therefore grants you specific cancellation rights (referred to as “Cancellation Rights”). However, please note that these Cancellation Rights do not apply to a contract for the following Services, under the specified circumstances:
- Services that are custom-made or clearly personalised according to your specifications.
- Services that are liable to deteriorate or expire rapidly.
In these particular cases, the Cancellation Rights mentioned above do not apply, and the Contract remains binding.
- Right to Cancel
You have the right to cancel this contract with 30 days notice without providing any reasons, except as stated in these Terms and Conditions (e.g., if during 12 month initial contract).
If you are a new customer and have purchased web hosting or WordPress hosting, you are entitled to request a refund for the purchased hosting product if you cancel within the first 30 days. Kindly note that we do not give refunds on websites built by us, even to new customers.
To exercise your right to cancel, you must inform us of your decision through a clear statement, such as a letter sent by post, fax, or email. You may use the attached model cancellation form, although it is not obligatory. In any case, you must be able to provide clear evidence of when the cancellation was made, so you may choose to use the model cancellation form.
Alternatively, you can electronically fill in and submit the model cancellation form or any other clear statement indicating your decision to cancel the Contract on our website, www.reforesthosting.com. If you choose this option, we will promptly acknowledge the receipt of your cancellation in a Durable Medium (e.g., by email).
To meet the cancellation deadline, it is sufficient for you to send your communication regarding the exercise of the right to cancel before the cancellation period expires.
Commencement of Services during the cancellation period: We are prohibited from initiating the supply of a service (part of the Services) before the end of the cancellation period, unless you have explicitly requested the service.
Effects of cancellation during the cancellation period: If you cancel this Contract, we will reimburse all payments received from you, including the costs of delivery (except for supplementary costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us).
Payment for Services commenced during the cancellation period: If a service is supplied (part of the Services) before the end of the cancellation period at your explicit request, you must pay an amount proportionate to the period for which the service was supplied, until the time when we are informed of your decision to cancel the Contract. The amount will be calculated based on the total price agreed upon in the Contract, or if the total price is deemed excessive, based on the market value of the supplied service compared to prices offered by other traders for equivalent services. If the service is not supplied in response to your request, you will not incur any cost for that service, either in part or in full, during this cancellation period.
- Conformity and Guarantee:
We have a legal obligation to supply Services that conform to the Contract, and they will not be considered as meeting this obligation if they fail to fulfil the following requirements:
Upon delivery, the Services will:
- Be of satisfactory quality.
- Be reasonably fit for any specific purpose that you have made known to us before entering into the Contract (unless you do not actually rely on our skill and judgement, or it is unreasonable for you to rely on them).
- Be fit for any purpose that we have held out or specified in the Contract.
- Conform to their description.
It is not considered a failure to conform if the failure can be attributed to the materials or information provided by you.
We will offer after-sales service, which includes support for web hosting and domain issues to the extent possible. This may involve assistance with software, setup, activation, and installation of products offered within the service.
Regarding the Services, any statements made by us or on our behalf, whether orally or in writing, about us or the Services, form part of the Contract and must be complied with by us. This is applicable if you took these statements into account when deciding to enter into the Contract or when making subsequent decisions about the Services. However, such statements are subject to any qualifications provided at the time they were made, as well as any subsequent changes expressly agreed upon between us.
- Term, Termination and Suspension:
The Contract is initially for a term of 12 months, after which it will automatically convert into a monthly rolling contract.
Either party, you or us, has the right to terminate the Contract or suspend the Services at any time by providing a written notice of termination or suspension to the other party in the following circumstances:
- The other party commits a serious breach of the Contract, or a series of breaches that collectively amount to a serious breach. If the breach cannot be remedied or is not remedied within 30 days of receiving written notice of the breach.
- The other party becomes subject to any action indicating bankruptcy or liquidation proceedings.
Upon termination of the Contract for any reason, the remaining rights and obligations of both parties will not be affected.
- Successors and our Sub-Contractors:
Either party to the Contract has the ability to transfer the rights and benefits of the Contract to another party, while remaining responsible for fulfiling its obligations under the Contract. In such a case, the transferring party will continue to be liable to the other party for the performance of its obligations. Additionally, the Supplier will be held responsible for the actions and performance of any subcontractors it engages to assist in fulfiling its duties under the Contract.
- Force Majeure:
In the event that either party is unable to fulfil its obligations due to circumstances beyond its reasonable control:
- The affected party will promptly notify the other party as soon as reasonably practicable.
- The obligations of the affected party will be suspended to the extent that it is reasonable under the circumstances. The affected party will act in a reasonable manner to mitigate the impact of the situation.
- The affected party will not be held liable for any failure to perform its obligations that could not reasonably be avoided.
However, it is important to note that this provision will not affect the Customer’s rights regarding delivery (including the right to cancel as previously stated).
- Privacy:
The privacy of your personal information is of utmost importance to us. We hold a deep respect for your privacy and adhere to the provisions of the General Data Protection Regulation (GDPR) in relation to the processing of your personal data.
These Terms and Conditions should be read in conjunction with our policies, including our privacy policy and cookies policy, which are contained within the privacy policy document.
In the context of these Terms and Conditions:
- “Data Protection Laws” refer to any applicable laws governing the processing of personal data, including but not limited to the Data Protection Directive 95/46/EC and the GDPR.
- “GDPR” refers to the General Data Protection Regulation (EU) 2016/679.
- “Data Controller,” “Personal Data,” and “Processing” have the same meaning as defined in the GDPR.
As the provider of the Services, we act as a Data Controller for the personal data we process on your behalf. When you provide us with personal data to enable us to deliver the Services, and when we process that personal data in the course of providing those Services, we will comply with our obligations as imposed by the Data Protection Laws. This includes identifying the purposes for which the information is being collected, processing personal data solely for the specified purposes, respecting your rights in relation to your personal data, and implementing appropriate technical and organisational measures to ensure the security of your personal data.
For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following email address: [email protected].
By accepting these Terms, you also acknowledge and consent to the use of your personal data as outlined in our privacy policy.
- Limitation of Liability:
The Supplier’s liability is limited as follows:
- The Supplier shall not be liable for any loss or damage that was not reasonably foreseeable to both parties at the time the Contract was formed.
- The Supplier shall not be liable for any loss, including but not limited to loss of profit, that is specific to your business, trade, craft, or profession, and would not typically be incurred by a Customer.
- The Supplier shall not be held liable for any issues or loss of earnings experienced by the customer due to faults or downtime on the server hosting their websites.
In no event shall the Supplier’s liability, whether in contract, tort (including negligence), or otherwise, exceed the total amount paid by you for the Services provided under the Contract.
Nothing in this limitation of liability clause shall exclude or limit the Supplier’s liability for: (i) any fraudulent act or omission; (ii) death or personal injury caused by negligence; (iii) any other liability that cannot be excluded or limited under applicable law.
You agree that the above limitations of liability are reasonable, considering the nature of the Services provided by the Supplier, and that you will not seek to circumvent or avoid these limitations to the extent permitted by law.
- Rules of Conduct:
You acknowledge and agree that:
- Your use of this Website and the Services, including any content you submit (“User Content”), will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services, and all applicable local, state, national, and international laws, rules, and regulations.
- You will not collect or harvest (or permit anyone else to collect or harvest) any User Content or any non-public or personally identifiable information about another user or any other person or entity without our express prior written consent.
- You will not use this Website or the Services in a manner determined by us, in our sole and absolute discretion, to be illegal or promoting or encouraging illegal activity.
- You will not engage in activities related to the exploitation of children or the proliferation of child sexual abuse material.
- You will not engage in terrorism, violence against people, animals, or property.
- You will not engage in any spamming or sending unsolicited bulk emails, or participate in computer or network hacking or cracking.
- You will not violate any laws or regulations related to the sale or distribution of prescription medication without a valid prescription.
- You will not engage in activities related to prostitution, sex trafficking, or violate the Fight Online Sex Trafficking Act of 2017 or similar legislation.
- You will not infringe on the intellectual property rights of another user or any other person or entity.
- You will not violate the privacy or publicity rights of another user or any other person or entity, or breach any duty of confidentiality owed to another user or any other person or entity.
- You will not interfere with the operation of this Website or the Services.
- You will not distribute viruses, worms, bugs, Trojan horses, or other code, files, or programmes designed to disrupt, damage, or limit the functionality of any software or hardware.
- You will not make false or deceptive claims or engage in unsubstantiated or comparative claims about us or our Services.
- You will not perform false, abusive, or fraudulent activities, or engage in actions that unreasonably or disproportionately burden our infrastructure.
- You will not copy, distribute, or modify any part of this Website or the Services, except where expressly authorised by us.
- You will not modify or alter any part of this Website or the Services or any related technologies.
- You will access our content or User Content only through this Website itself or as designated by us.
- You agree to back up all your User Content and accept the risk of any loss of such content.
- You will not resell or provide the Services for commercial purposes without our express prior written consent.
- You will not circumvent, disable, or interfere with the security-related features of this Website or the Services, including those that prevent or restrict the use or copying of our Content or User Content.
- You agree to provide government-issued photo identification and/or government-issued business identification for identity verification when requested.
- You are aware that we may contact you about your account and that such calls may be recorded. You consent to call recording and acknowledge that such recordings may be used as evidence in legal proceedings. You also consent to receive marketing telephone calls and text messages from us, subject to applicable laws and regulations.
- You (the affiliate) earns commission on referred sales only. You do not earn commission on purchases your personally make.
Without limiting our rights stated elsewhere in this Terms, we reserve the right to deny, cancel, terminate, suspend, or restrict future access to this Website or any Services to any user who has previously had their account or Services terminated or suspended, or who engages or has engaged in inappropriate or unlawful activity on the Website or Services, as determined by us in our sole and absolute discretion.
If fraudulent, abusive, or suspicious activity is detected in your purchase or account activity, we may cancel any associated services, close associated accounts, and take necessary legal action. You may be held liable for monetary losses and damages incurred by us, including litigation costs. To contest such actions, please contact our customer support.
- Governing Law and Jurisdiction:
The Contract, including any non-contractual matters, is governed by the laws of England and Wales.
In the event of any disputes arising, they may be submitted to the jurisdiction of the courts of England and Wales. Alternatively, if the Customer resides in Scotland or Northern Ireland, disputes may be submitted to the courts of Scotland or Northern Ireland, respectively.
We strive to prevent disputes and handle complaints in the following manner: If a dispute arises, customers should contact us to seek a resolution. We aim to respond to all complaints within 2 business days.