Terms and Conditions of Service

Last revised 4th April 2018


This agreement is made between Alpha Internet Limited t/a Gnu Host, a limited company registered in England and Wales with company number 11162310 and VAT Registration Number GB 290 7407 92, with the registered office 8 Rose Tree Meadow, Lostock Gralam, Northwich, United Kingdom, CW9 7PA ("Gnu Host" and “Alpha Internet Limited” ("we", "our", "us" etc.) which expression shall include all or any of its subsidiaries, agents, successors and assigns), and you the customer ("Customer" ("Subscriber", "you", "the Client" etc.) which expression shall include its permitted successors and assigns).


Please refer to our Unlimited Usage Policy for terms applying to our Unlimited Hosting plans: https://gnu-host.com/order/knowledgebase/5/Unlimited-Usage-Policy.html 


Billing and Charges

All our Shared and Reseller hosting packages carry a 14-day money-back guarantee! If you are dissatisfied for any reason at all then just let us know why and if we can't help, we'll issue a full hosting refund! Please note that VPS orders, dedicated server orders, SSL certificates, domain costs and any other items except shared and reseller hosting are not refundable. If you purchase a bundle offer which contains Shared Hosting alongside one of the non-refundable items listed above, we will refund the cost of the bundle minus the retail cost for the non-refundable item.


Payments

Renewal invoices are generated approximately 2 weeks in advance and sent to your registered e-mail address. It is your responsibility to ensure this e-mail address is kept up to date and can receive emails from us.

It is important that we receive payment on time. All services must be paid for by the due date shown on the invoice unless a written adjustment has been agreed. Failure to complete payment after this time will result in an automatic reminder when the invoice is overdue, and automatic account suspension should the invoice remain unpaid for more than 3 days. This applies to all hosting accounts, VPS and Dedicated servers. Domain names expire on the day immediately after their renewal date. As such we strongly recommend renewing a minimum of 48 hours before the expiration date.

If an invoice is unpaid, the related service will be suspended until such time that payment is received and you inform us by email that you have paid. At this point we will use all reasonable endeavors to restore service within 24 hours, however, we cannot guarantee that we will be able to fully restore your service.

Unless otherwise stated, all payments must be received in UK Pounds sterling. If you pay by foreign bank transfer, then you must be responsible for all foreign currency charges.

We reserve the right to alter our prices at any time and will notify you of any alteration by providing you with a written notice. Notice of any price alteration will be sent via email to the email address that we hold for you in our account. If you have already purchased a service, then the price alteration will only become effective when the service reaches the end of its current term.

You warrant that you are lawfully authorised to make payment using the payment card or facility you disclose to us. In the event where you are not the named cardholder, you acknowledge that you and the named cardholder both accept these terms and conditions and are jointly and severally liable for any payment(s) due. You hereby indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.

If you attempt a chargeback or dispute a transaction with your bank, we reserve the right to suspend all services provided to you with immediate effect. Services will remain suspended and until such time as the chargeback has been fully reversed in our favour.


Overusage

Account usage is checked frequently. All accounts will receive notification when bandwidth usage is nearing the account's limit. Overusage will result in automatic account suspension unless a prior agreement has been reached. Usually the cheapest option is to upgrade to the next package where available, otherwise, our standard charges are £3.99 per 1 GB per month for additional bandwidth usage and £3.99 per month per 1 GB disk usage. Upon suspension please contact us to arrange upgrade pricing.

If not specifically stated to the contrary, our services are intended to be used for the purposes of hosting websites and e-mail. Batch processing, video encoding/transcoding, web crawling/spidering, archiving and online backup systems and any system designed to consume CPU or disk resources for purposes other than hosting a website are not permitted on our shared hosting servers. However, you may use such tools on a VDS or dedicated server. We reserve the right to enact defensive movements to maintain the stability of our systems for all clients.

If you believe your website may be susceptible to high or otherwise abnormal usage you must contact us to discuss the suitability of your hosting environment.


Cancellation, refunds, termination, and disputes

Cancellation notices for all services must be given at a minimum of 48 hours in advance of the next billing date, with the exception of SSL certificates, Domains, and VPS and Dedicated servers for which we require a cancellation notice a minimum 30 days before the next billing date. For shared hosting, an account credit will be granted for each whole unused month. No cash refunds will be granted unless a payment has been taken in error. Refunds for prepaid dedicated servers and VPS will only be granted where there is a genuine irreconcilable problem with the service and at management's discretion.

A breach of any of our terms and conditions will result in immediate termination with no refund. If any client uses our service for purposes deemed unlawful, we reserve the right to immediately terminate the service, and no refund will be provided.

Setup fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method as listed on our contact page.


Client Conduct

Under no circumstances will we tolerate threatening or abusive behavior towards our staff. Should this occur, we reserve the right to terminate the hosting agreement with immediate effect.

Should the client, during the course of a telephone conversation, email or support ticket, make reference to “legal action” or say anything we might reasonably understand to imply or infer that the client may intend to pursue a legal claim against us, we reserve the right to refuse telephone support going forward. Any further correspondence must then be sent by email or support ticket.

Should we feel that your needs would be better served by another provider, we reserve the right, at our sole discretion, to terminate the hosting agreement. Where it is reasonable to do so, we will provide 30 days’ notice of termination and provide a backup of all website content and email,however, the minimum notice period is 1 hour.


Refusal of Service

Alpha Internet Limited reserves the right, in its sole and absolute discretion, to suspend or terminate your Account for any reason, with immediate effect.

We reserve the right to refuse our services to any client. If the client already has an active service, as long as the client is compliant with our policies, we will make every effort to contact the client and provide a backup of data before terminating their service. We may also ask any client to produce proof of identity and proof of address. If a client fails to provide this verification, we may cancel and refund their order. We may choose to ban a client from using our services. Should this be the case, we will inform them via email, live chat, phone, or in some cases in person, and refund the unused portion of their last invoice. Should the client continue to place orders, we may ban their IP address from accessing Alpha Internet Limited's servers.

Please note, should a client violate any of our Policies, this will result in immediate termination without notification or reimbursement, as stated in our Terms of Service.


Rights on Termination

Termination of this agreement does not affect your pre-existing liability, if any or affect our right to recover damages or pursue any other remedy in respect of any breach of this agreement by you.

In the event of us terminating this agreement due to a breach of these conditions by you, we shall be entitled to the balance of all payments which would but for such termination have accrued up to the earliest date on which this agreement could have been terminated by you.

Setup fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method.


A change of details

We have the right to change any username or password allocated to you for the purpose of essential network maintenance, enhancement modernisation or other work deemed necessary to the operation of the Internet.

Similarly, we have the right to alter the hosting environment your site runs in to one with like-for-like features, as long as reasonable notice is given and there is no disruption to service. The only reason we would do this is if it represented an ‘upgraded’ environment for you, the end user.


 Domain registration, renewal, transfer, and restoration

Some hosting packages include a free domain registration or transfer for a .co.uk / .com / .eu / .org.uk or other valid domain name. All other extensions are excluded from this offer due to their additional cost but please contact us for a reduced price if you wish to order with a different extension. The registration period is one year.

Hosting package renewals do not include a further free domain renewal, transfer or registration.

We will always register, transfer and renew domain names in our client's name - never in our own. You are always in control of every aspect of your domain name(s) and can manage your domain's WHOIS data through the Alpha Internet Limited client area. It is your responsibility to keep this data correct.

Please find the ICANN Registrant Educational Materials here: http://www.icann.org/en/resources/registrars/registrant-rights/educational, and the Registrant Benefits and Responsibilities here: http://www.icann.org/en/resources/registrars/registrant-rights/benefits


Account Support / Emergency Contact

We provide support via e-mail, live chat and ticket. To provide efficient service and comply with data protection laws, any requests for changes to your account (including billing changes, password changes or any other technical changes) must be submitted by ticket or e-mail from your registered address.


14 Day Guarantee

At Alpha Internet Limited we work hard to provide you with the best possible service and we're so confident in this that we offer a no questions asked, 14-day money back guarantee. If you are unhappy for any reason within the first 14 days of opening your shared hosting account, you are free to cancel and receive a full refund including the time already used, less domain registration fees or dedicated IP addresses which are non-refundable.

We would however appreciate it if you got in touch with us before deciding to cancel so that we can address any problems you might be having.

Please note that refunds can take 30 working days, and this policy does not cover accounts which have violated our acceptable usage policy or any service except shared hosting services.


Disclaimer, Limitation of Liability and Copyright

Our Liability

We are unable to assert fitness for any specific purpose and as such the Company cannot be held liable for any form of consequential loss or damage caused directly or indirectly by use of our service, misuse of our service, downtime, service issues, data loss or any other event.

Our maximum aggregate liability to you under or in connection with this agreement in respect of any direct loss, whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by you for the services in relation to which your claim arises during the one-month period prior to such claim.

None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from our negligence, the negligence of our employees or our sub-contractors. We will not be liable for any interruptions to services arising directly or indirectly from:

  • Interruptions to the flow of data to or from the internet
  • The effects of the failure or interruption of services provided by a third party
  • Factors outside our reasonable control
  • Your actions or omissions
  • Problems with your equipment and/or third-party equipment

No action or proceedings against us arising out of or in connection with this agreement shall be commenced more than one year after services rendered, and both parties acknowledge that this clause constitutes an express waiver of any rights under any otherwise applicable statute of limitations.

Our liability will not exceed the total amount paid for one month of the service. If you have sensitive or mission-critical data to host, you must seek your own insurance and independent legal advice.

Our backups are intended as a convenience service and are not guaranteed or intended to replace your backup procedures. It is your sole responsibility to ensure you have a backup of all your important data.

Third Party Services

Some of the services we provide (domain names, SSL certificates) are fulfilled by a third-party provider. For instance, an SSL certificate is provided by a root certificate provider (e.g. Thawte, Comodo, Verisign, Geotrust...), and domain names are provided by the organisation in charge of that namespace (e.g. Nominet for UK domain names). Whilst we always pass your orders on to these third-party entities in a timely fashion, we, unfortunately, cannot be held liable for any failings on their behalf.

All third-party software and hardware shall be sold subject to your acceptance of the relevant supplier’s software licence for such third-party software. Where possible, we shall forward to you any and all representations and warranties we receive from the respective third-party software supplier.

Acceptable Use of Services

ALPHA INTERNET LIMITED OFFERS ITS SERVICES TO HOST WEB SITES, NOT TO STORE DATA. USING AN ACCOUNT AS AN ONLINE STORAGE SPACE FOR ARCHIVING ELECTRONIC FILES IS PROHIBITED AND WILL RESULT IN TERMINATION OF HOSTING SERVICES WITHOUT PRIOR NOTICE.


All clients are strictly prohibited from:

  • Engaging in any activity that, in Alpha Internet Limited's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Alpha Internet Limited's business, operations, reputation, goodwill, Customers and/or Customer relations, or the ability of Alpha Internet Limited's Customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Customer to cooperate with Alpha Internet Limited in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Customer constitutes a violation of these Terms by the Customer.
  • No Customer may utilize the Services to engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.
  • No Customer may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
  • Profanity or profane subject matter in the site content and in the domain name are prohibited.
  • Customers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).
  • Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
  • Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
  • "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
  • Alpha Internet Limited does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
  • The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Alpha Internet Limited is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
  • The use of the Services to engage in any activity that is determined by Alpha Internet Limited, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, failure to comply with applicable on-line privacy laws or any executive orders, as well as any rules, regulations or orders issued by the Office of Foreign Asset Controls ("OFAC"). Alpha Internet Limited will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
  • Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.

Assisted Migration

Our Technical Support Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases, we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for seven (7) days from your sign-up date. Transfers outside of the seven (7) day period will incur a charge; please contact a member of our Technical Support department to receive a price quote. In no event shall Alpha Internet Limited be held liable for any lost or missing data or files resulting from a transfer to or from Alpha Internet Limited. You are solely responsible for backing up your data in all circumstances.

As an incentive to move your website to us we may, at our sole discretion, credit you with up to one month of free hosting service upon production of a valid invoice showing an equivalent payment to your previous provider. This credit will be applied to your existing due date.


Force Majeure

We will not be responsible for any failure to provide any services or perform any obligation because of any act of God, strike, lock-outs or other industrial disputes.


Notice and Communications

Any notice or communications required or permitted to be delivered by us to you shall be deemed to have been given if delivered by mail in accordance with the contact information that you have provided.


Assignment

You shall not assign, transfer, charge or deal in any other manner with this Agreement or any of its rights under it nor purport to do the same without our prior written consent.

We may at any time, assign (absolutely or by way of security and in whole or in part), transfer, mortgage, charge or deal in any other manner with the benefit of any or all of any other party’s obligations or any benefit arising under this agreement.


Amendment in Writing

We may update or amend these terms and conditions from time to time to comply with law or to meet our changing business requirements.


Whole Agreement

This agreement, and any documents referred to in it constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.

Nothing in this clause operates to limit or exclude any liability for fraud.


Severance

If any provision of this agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.


Governing law and Jurisdiction

This agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.

The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).


Customer Complaints Policy

At Alpha Internet Limited our primary focus is maintaining absolute customer satisfaction through sustainable pricing, proactively managed services and investment in hosting infrastructure.

Sometimes we may fall short of the high standards we and our customers expect from us. If this happens it's important that we are able to take on customer feedback and concerns and use this to improve our service.

Step 1:

If you've not already been in touch regarding your concern, the first step is our standard support channels; most issues we can resolve very quickly as soon as you get in touch. You can get in touch via:
Post: 8 Rose Tree Meadow, Lostock Gralam, Northwich, CW9 7PA, United Kingdom
Telephone: +44 (0)161 399 0489
Email: support@gnu-host.com

If you're an existing customer, you can open a ticket from your Alpha Internet Limited account.

Our average ticket response time is well under an hour and we will ensure that all tickets are replied to within 24hrs. All ticket submissions will receive an automatic email confirming that the ticket has been received successfully and the assigned ticket reference.

Step 2:

If you have already contacted us, and we've not been able to resolve your issue to your satisfaction, the next step is to submit a Formal Complaint.

All complaints MUST be made in writing. This is to ensure we're able to properly address and investigate your concerns and provide a full response.

Complaints can be submitted by email to office@alphainternet.ltd

What information you should include:

You should ensure you include as much information about the issue as possible, this might include:

Name of the staff member you spoke with on the phone or support tickets
Ticket reference IDs
Date & time when issues occurred or when you called
Details about the problem, how it started, what you did and any other relevant details
Providing as much information as possible helps us to quickly investigate and fully understand the situation, what happened, what/if anything went wrong and how we can then try to resolve your complaint.

What we will do:

Usually, our Head of Customer Support will review all complaints within 72 hours and provide an initial response while they investigate the issue.

Depending on the type of issue, it may be necessary for the complaint to be passed to a more appropriate Manager, Head of Department or Director. You will be informed of who is handling your complaint and their role in the investigation.

We will then provide a full reply to the complaint within 10 working days.

Step 3:

If the response does not meet your satisfaction, you may request that the complaint is escalated to a company Director for review.

One of our directors will then assess your complaint and the steps taken so far by our staff; they will then provide a response within 15 working days of the complaint escalation.

All complaints are taken seriously and will be reviewed, investigated and responded to fairly and thoroughly. We understand that monitoring, and dealing with complaints promptly enables us to identify areas of weakness and we will then work to address these and continue to improve our service.


Contract Revisions

Any revisions to this Contract will take place immediately. We reserve the right to update these Terms at any time, without notification. It is the responsibility of the Customer to keep up to date with our Terms of Service.

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