Random Hall Limited trading as Sporting Servers terms and conditions relating to the purchase of a Virtual Private Server
Please make special note of:
- Minimum term of one month.
- Subscriptions are good until cancelled. You can cancel at any time.
- 72 Hours notice required of cancellation
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply our VPS services or software described on our website www.sportingservers.com to you.
Please read these terms and conditions carefully 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.
Please read through these terms and conditions carefully and print a copy for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from our website.
1.2 By placing an order for the Services or software, you consent to us sending to you our regular newsletter. This newsletter is our primary method of communicating with you and will inform you of changes to our website, notify you of planned outages and updates, and keep you informed about our services generally.
2 Your status
2.1 By placing an order through our website, you warrant that:
2.1.1 you are legally capable of entering into binding contracts; and
2.1.2 you are at least 18 years old.
2.2 If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.
3 Consumer rights
3.1 If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Protection (Distance Selling) Regulations 2000 allow you to cancel the Contract at any time within seven (7) working days, beginning on the day after you received the Acceptance Confirmation. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000.
3.2 This provision does not otherwise affect your statutory rights.
4 Price and payment
4.1 The price of any Services will be as quoted on our website from time to time, except in cases of obvious error.
4.2 The total cost of your order of the Services will be set out clearly in your Shopping Basket before you submit your order for the Services.
4.3 Prices are liable to change at any time. We will notify you of a change in our prices at least thirty (30) days before the price increase comes into force. If you do not agree to such price changes, please cancel your Services in accordance with this agreement. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to the credit card, debit card or other payment method registered to your account.
4.4 Our website contains the details of a large number of Services and it is always possible that, despite our best efforts, some of the Services listed on our website may be incorrectly priced. Where a Service’s correct price is less than our stated price, we will charge the lower amount when accepting your order. If a 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 accepting your order, or reject your order and notify you of such rejection.
4.5 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
4.6 Currently, VPS payments can only be accepted by setting up a recurring payment but can be cancelled at any time.
4.7 Please note that when purchasing a Service, you are obliged to pay for that Service for the whole of the Minimum Term (as defined in clause 9.1) that applies to it (unless you have cancelled the Service under clause 8.1).
4.8 Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If your chosen method of payment is not authorised by your credit card provider or bank, you hereby authorise us to seek payment from any other credit card, debit card or direct debit registered against your account. Further, if your payment is still not authorised we may, at our discretion, suspend or terminate any Services we provide to you from time to time, even if payment in respect of such Services is not outstanding.
5.1 We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.
5.2 We will not be liable for a breach of the warranty in clause 5.1 unless:
5.2.1 you give written notice of the breach to us through our support ticket system and
1.2.2 we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you.
5.3 We will not be liable for a breach of the warranty in clause 10.1 if:
5.3.1 the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any); or
5.3.2 you alter the Services without our written consent; or
5.3.3 the problem arises because of misuse.
5.4 Subject to clause 5.2 and clause 5.3, if we are in breach of the warranty in clause 5.1 we will, at our expense, use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price. This constitutes your sole and exclusive remedy for any breach of the warranty set out in clause 5.1. Notwithstanding the foregoing, we do not warrant that your use of the Services will be uninterrupted or error-free.
5.5 We reserve the right to modify the Services without notice to you provided such modification does not adversely effect your access to, or use of, the Services or detract from the overall performance of the Services.
5.6 You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.
6 IP addresses
6.1 You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you, and any IP address allocated to you is allocated as part of the Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.
6.2 If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.
6.3 You agree that you shall have no right, title or interest to any IP address upon expiry or termination of the Services, and that the acquisition by you of a new IP address following expiry or termination of the Services shall be solely your responsibility.
7 Back-up of your material and our servers
7.1 It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload (or permit to be uploaded) onto our servers (“Material”) as part of your use of the Hosting Services. In the event of loss of or damage to your Material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.
7.2 We will follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our servers (including your Material) from the latest back-up we maintained in accordance with our archiving procedure. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.
8 Our liability
8.1 We do not monitor and will not have any liability for your Material or any other communication you transmit, or allow to be transmitted, by virtue of the Services.
8.2 Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider and no guarantee or representation is given that the Services will be free from hackers or unauthorised users. You shall be liable for the content of any emails transmitted by virtue of the Services, for any material you upload to, or allow to be uploaded to, our servers and for ensuring compliance at all times with all relevant legislation (including, but not limited to the Data Protection Act 1998 and all other privacy laws, regulations and guidance notes made or issued thereunder).
8.3 All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.
8.4 We do not exclude or limit in any way our liability:
8.4.1 for death or personal injury caused by our negligence;
8.4.2 under section 2(3) of the Consumer Protection Act 1987;
8.4.3 for fraud or fraudulent misrepresentation; or
8.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.5 We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:
8.5.1 loss of income or revenue;
8.5.2 loss of business;
8.5.3 loss of profits or contracts;
8.5.4 loss of anticipated savings;
8.5.5 loss of goodwill;
8.5.6 loss of software or data;
8.5.7 wasted expenditure (such as pay per click advertising costs); or
8.5.8 wasted management or office time.
8.6 Subject to clause 8.4 and clause 8.5, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed one hundred and ten (110) per cent of the price you have paid to us for the Services during the twelve (12) months preceding the event giving rise to the liability in question. Accordingly, you are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).
8.7 Where you buy any product or service from a third party seller through following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.
9 Duration of the Services and cancellation
9.1 The minimum term for VPS services is one month from date of purchase. After expiry of the Minimum Term, they will continue on a month to month basis until terminated:
9.1.1 by you giving to us at least seventy-two (72) hours advance written notice through our support system https://www.sportingservers.com. As part of our cancellation process, we will respond to you through our support system and you must re-confirm your cancellation request. You must re-confirm your cancellation request via our support system or we will continue to supply the relevant Services and your cancellation will be ineffective. You cannot cancel any of your Services by letter, email or telephone. You will not receive any refund of the price you have paid for the Services you have cancelled; or
9.1.2 by us giving to you at least thirty (30) days advanced notice in written sent to the then current email address registered against your account.
9.2 The monthly price for Services we supply under Contracts that continue on a month to month basis under clause 9.1 shall be charged monthly in advance directly to a credit card, debit card or other payment method registered against your account. Such payment will be taken on the same date of the month as on which the Services had originally commenced (“Payment Date”) unless or until you cancel the Services in accordance with clause 9.3.1. We will not provide you with a refund for a cancellation that is part-way through a billing period. Where the Payment Date does not recur in a particular month (e.g., 31 January, but there is no 31 February), you will be charged on the closest preceding date to the Payment Date (e.g., 28 February) for that month.
9.3 Without prejudice to any other right to terminate or suspend the Services we may have under these terms and conditions or our acceptable use policy http://www.sportingservers.com/acceptable-use-policy/, we may terminate the Contract at any time by giving you thirty (30) days advance notice by emailing you at the email address registered against your account.
9.4 Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation of these terms and conditions we may terminate the Contract by seven (7) days notice to you and/or, at our absolute discretion, terminate or suspend without notice any individual Services we provide to you from time to time.
9.5 Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising in any way under that Contract as at the date of expiry or termination.
10 Deletion of your data
10.1 If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.
11 Additional terms
11.1 Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.
12 Written communications
12.1 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.
13.1 All notices given by you to us must be given though our support system https://www.sportingservers.com/. We may give notice to you at either the then current e-mail or postal address registered against your account with us.
14 Third party rights and transfer of rights and obligations
14.1 Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
14.2 The Contract is binding on you and us and on our respective successors and assigns.
14.3 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.4 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15 Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
15.2.2 strikes, lock-outs or other industrial action;
15.2.3 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.4 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.5 impossibility of the use of public or private telecommunications networks; and
15.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under the Contract will be 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. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12.
17.1 If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18 Entire agreement
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
19 Our right to vary these terms and conditions
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order services 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 Acceptance 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 (7) working days of receipt by you of the Acceptance Confirmation).
19.3 No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.
20 Law and jurisdiction
20.1 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.