Terms of Service

By ordering any services provided by us you are agreeing to the following terms of service set out below, which we reserve the right to amend at any time.

These Terms of Service were last updated on 3rd February 2022

Introduction

For clarification in the Terms of Service stated below, "we", "our" or "us" refers to Andrew Hart trading as Hartserver, its employees and staff, and other third parties working on behalf of Hartserver. The terms "you" or "your" refer to yourself as a visitor to and/or customer of Hartserver.

We monitor all Dashboard registrations for spam. You can apply for a free Dashboard & account by registering your details at http://dashboard.hartserver.net/register/ but we cannot guarantee approval. We decide which customers and sites to allow into our platform on a number of considerations at our sole discretion, and we have the final decision on who can access and use our services.

When proceeding to the checkout while placing a new order on our website, or renewing an existing product or service (whether manually or automatically), you agree to be bound by these Terms of Service stated here, as well as terms which may be stated on separate web pages which are linked to the terms below. If you do not agree to be bound to all of the Terms of Service stated below you should cancel all existing services held with us and refrain from signing up to new services offered by us.

We reserve the right to amend the Terms of Service at any time we see fit. We may not always inform our customers of changes to these Terms of Service, unless we feel that the terms stated below have changed significantly. It is your responsibility to check and read carefully the Terms of Service on a regular basis, especially when placing new orders via our website.

Privacy

Our Privacy Policy located at http://hartserver.net/privacy/ states how we will use your personal details and information, and how we aim to protect them.

About us

The services on this website are provided by Andrew Hart trading as Hartserver. Our contact address is Hartserver, 33 Swarcliffe Approach, Leeds, LS14 5JZ, England, UK.

The main services we offer are web/cloud hosting (referred to as simply "web hosting" below) and domain name services. We cannot primarily assist with any other aspects of web design or development, and it is your own responsibility to ensure you can get any website placed on our servers to work (excluding any technical aspects which we may have to ensure are functioning).

Your status

By placing an order through our website you agree that you are legally capable of entering into binding contracts in your location/jurisdiction, and take responsibility for your Dashboard account and any sites and domains hosted within it.

If you are acting on behalf of a company, business or organisation, you also accept that you are binding that company, business or organisation to these Terms of Service when placing an order on our website.

Ordering services

Orders for services can only be made via our website. Orders may be placed through other methods at our sole discretion.

You must register for a free Dashboard account with us in order to be able to order any services with us. This requires signing up using an email address, which we will only use to send you important information about Hartserver and your services hosted with us (for example, domain renewal reminder notifications). We don't sell your data, and won't use your email address for any other purpose unless we ask you for permission for this beforehand.

You must ensure that all personal details entered when ordering a service are correct and accurate. We reserve the right to suspend and/or cancel any services which have been signed up under incorrect or invalid details.

Payments

We can only accept payments for services via VISA, MasterCard & American Express. We can also accept payments via bank transfer on request before placing an order. We are not responsible if for any reason whatsoever you are unable to make a payment to us via our accepted payment methods, and we reserve the right to suspend and/or cancel any services which have not been paid for in full or renewed by their expiry date. We use Stripe as our third-party secure payments processor.

We reserve the right to reject or refund any payments which we believe have been made fraudulently, as well as pass relevant details regarding fraudulent transactions to financial institutions concerned and/or law enforcement agencies where required.

Services must be renewed before their expiry date in order to prevent suspension. Any web hosting accounts which have been set up as part of a free trial or offer must have a payment subscription set up before expiry/the trial coming to an end to remain active.

We may take payments for services that are set up to auto-renew without prior notice. All web hosting accounts will auto-renew using the payment card you have assigned to that account on the day of expiry. Domain names must be renewed manually, and we will send an invoice for payment for renewal at least 30 days before the domain name expires.

We reserve the right to charge a one-off reactivation fee of £50 for domain names which require renewal after they have expired and passed their standard renewal grace period.

Refunds

We offer full refunds on web hosting accounts within 30 days of placing your order, provided the account is not suspended at the time of refund. After 30 days we will renew any remaining unused time back to the card you purchased on if you decide to cancel, provided the account has not been suspended for a Terms of Service violation.

We cannot offer any refunds for domain names once an order has been confirmed by us and placed with our third-party registrars.

Cancellations

Any services which are set to auto-renew such as web hosting services will continue to be charged on expiry until you contact us to request cancellation. You cannot disable auto-renewals for web hosting accounts, but you can cancel these services at any time.

Services which are not set to auto-renew which are not renewed on expiry will be suspended until renewal has been made.

Domain registrations and transfers

In some cases we may be unable to process your domain registration order (for example, if the domain has already been ordered during your checkout process). In these cases we will offer a full refund for the domain name(s) you attempted to order.

Once we have confirmed that a domain name has been successfully registered via email, you will not be able to cancel the domain until it has expired and will not be eligible to receive a refund for the payment made to order the domain name.

Due to the nature of the DNS system, we cannot provide an accurate timeframe in which a registered or transferred domain name will begin to work properly. We are not responsible for any delays in the domain registration or transfer process which may be outside of our control.

We are not responsible for any delays in transferring a domain name in or out of our systems which may be caused by third parties.

By registering any .uk domain names with us, or by transferring a .uk domain name to us, you are also bound to Nominet's Terms and Conditions as well as our own. Nominet are the organisation who manage, regulate and oversee the overall .uk domain space. Nominet's Terms and Conditions can be found at https://www.nominet.uk/uk-domains/policies/

Data and backups

Although we make every effort to look after your files and data while providing services to you, we cannot be held responsible for any lost files or data, or non-recoverable backups. We advise that you keep offline copies of all files and data which are uploaded to our network as a safeguard.

Under the new GDPR rules we act solely as a data processor for any files, data, emails and other content you host with us or is delivered to us as part of you having a service in place with us. Although we take great care to look after and secure all data hosted with us, we are not responsible for data loss or data breaches caused by you having insecure passwords and/or unsecure scripts in place on your account.

Support and contacting us

You may contact us for support enquiries via email, telephone, WhatsApp, Facebook, Twitter, on our Discord channels/server and also via the chat system on our website. We aim to have as many support channels open as often as possible, however our website chat system may be offline at various times. You can leave a message at these times in which we will contact you as soon as possible.

We aim to respond to initial enquiries within one hour of receiving them, and we aim to resolve the majority of issues and enquiries within one working day.

Complaints and escalation process

Any complaints regarding any of our services should be made to us initially, in which case we will respond as per our support response timescales above. If you are unhappy with our response or wish to escalate your complaint further you can contact the relevant bodies who deal with the relevant service in question.

For specific complaints relating to .uk domains held with us that we cannot resolve fully for you, you can contact Nominet and escalate the complaint to them as per the three-way contract at https://www.nominet.uk/uk-domains/policies/ which we and yourself are bound to.

Fair usage

For any web hosting services you order, you agree to use the resources provided to you fairly, and respect other customers and accounts which may be hosted on the same server(s) as your account(s). We reserve the right to suspend and/or cancel any web hosting accounts & services which we feel are causing a detremental performance impact on our network, either through abuse of our services or through negligence. We reserve the right (with your permission) to move any of your web hosting accounts and/or services to a more suitable infrastructure, such as VPS or dedicated server, if we believe that you are using too many resources or CPU processes constantly. We will work with you to move your services with minimal downtime should this happen.

We reserve the right to suspend and/or cancel any web hosting services which are hosting any material which are breaching copyright policies, hosting unsolicited services (including spam), or are causing a nuisance to other customers, users or third parties. We also reserve the right to suspend and/or cancel any web hosting services which are being used to host pornography (without prior consent from us first), hacking tools or scripts, files which you do not own the copyright to, or accounts which are being used for the sole purpose of acting as a file repository. We also reserve the right to charge an unlimited fine at our discretion in certain circumstances for accounts which are known to be intentionally sending spam emails.

Referrals

You may not use our referral scheme to order any services for yourself. The referral scheme is purely for referring new accounts and customers. We reserve the right to refuse any commission payments to you which we believe have been made fraudulently through your own accounts and/or services.

External content

We are not responsible for any content outside of our website, whether relating to our services or not.

Law and jurisdiction

Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the Contract between us both.

Changes to these Terms of Service

We reserve the right to amend these Terms of Service as we see fit without prior notification. We ask that you periodically check these Terms of Service and refrain from using our services should you not agree to any points.