Terms of Service

Last Revised: 13/12/2024

These Terms of Service, along with the "AUP", "Privacy Policy" and where applicable to the service, the "Hosting Legal Agreements and Policies" and "Server Management" form the “Main Agreement” between you and us when you purchase services from us. By purchasing services from us you are agreeing to this “Universal Terms of Service Agreement”.

Byron-Butler Corporation Ltd ("Byron-Butler", "we" or "us") is a company registered in England and Wales under registration number 08918733. Our registered office address is 41 Baddow Close, Woodford Green, London, IG8 7JE, United Kingdom.

Some of our services are provided by third parties that have their own terms and conditions, these third-party terms are subject to changes at the third party's own discretion. The following products have additional third-party terms:

Defined Terms

Universal Terms of Service Agreement: This document and the "AUP," which together form the Universal Terms of Service Agreement.

AUP: Our "Acceptable Usage Policy" located here.

You/Your/Client/Customer: The person, company, or organization purchasing services from Byron-Butler.

Some of our services are provided by third parties that have their own terms and conditions, these third-party terms are subject to changes at the third party's own discretion. The following products have additional third-party terms:

General Terms

- By subscribing to any of our services and opening an account with us, you ("the Client") agree to be bound by these terms and conditions. These terms govern how we provide our services and should be carefully reviewed.

- You must be at least 18 years old to use our services.

- Your personal details will be handled in accordance with our Privacy Policy, the Data Protection Act 2018 ("DPA"), and the General Data Protection Regulation 2016 ("GDPR").

- Business or Consumer Status: In some areas, your rights may differ depending on whether you are a business or a consumer. You are a consumer if:

• You are an individual.
• You are buying services mainly for personal use (not related to a trade, business, or profession).

For business customers, these terms represent the entire agreement. You acknowledge that you have not relied on any statements or representations not outlined in these terms, and you will not have claims for innocent or negligent misrepresentation.

Services

- We will provide the services you order in accordance with the Main Agreement.

- You are responsible for all charges from your telephone service provider that arise from your use of our services.

- Maintenance may be required on the network from time to time, which could cause temporary disruptions. We will provide as much notice as possible but will not be liable for any loss or damage resulting from such disruptions.

- You may not transfer or reassign the services without our prior written consent.

- License costs for third-party software provided with our plans may change without notice.

- We do not guarantee that our services will be uninterrupted, error-free, or secure. Risks such as hacking, malware, and DDoS attacks could result in data loss or privacy issues.

- We reserve the right to pass on any price increases caused by third-party vendors without prior written notice.

Domain Registration, Renewals, and Transfers

- Ensure any domain registration requests are not made in bad faith, do not infringe third-party rights, and are not for unlawful purposes.

- We are not obligated to accept all domain registration requests, and the likelihood of registration depends on the availability and other factors.

- Domain registrations and renewals are non-refundable once completed.

- You are responsible for ensuring domain registration details are accurate, and we cannot correct spelling mistakes after a domain is registered.

- We will attempt to renew your domain 30 days prior to its expiration. If we cannot renew, we will notify you to take action before the domain expires.

- Domains may be subject to auto-renewal, and if you do not opt-in before the renewal deadline, the domain could expire.

- You cannot transfer domains to another registrar within the first 60 days after registration or transfer.

- If a domain is not renewed before expiration, additional charges may apply for reactivation.

Acceptable Use, Content, and Behavior

- You must abide by our Acceptable Usage Policy (AUP) available here.

- You are responsible for ensuring all software used via our services is properly licensed.

- You may not attempt to undermine or harm our servers. Any misuse of the services will result in immediate account deactivation without refund.

- You may not engage in abusive behavior towards our staff, and we reserve the right to terminate your account if this occurs.

- You must ensure your account is secure and prevent unauthorized access. You are responsible for any misuse of your account.

Account Security

- You are responsible for any misuse of your account, including sharing access with unauthorized users.

- You may not attempt to breach the security of other accounts or networks.

- Any attempts to hack or interfere with the security of our services will result in termination of service and may involve criminal or civil liability.

- You are required to ensure your account is secure and take appropriate steps to prevent unauthorized access.

Data Protection (GDPR)

In this section, the terms “Personal Data”, “Controller”, “Processor”, “Data Subject”, “Processing”, “Data Protection Impact Assessments” and “Personal Data Breach” have the meanings given in the GDPR.

In this section, the term "Applicable Data Protection Law" means all applicable data protection legislation in force from time to time including the DPA and the GDPR.

The parties acknowledge that the factual arrangement between them dictates the classification of each party as either a Controller or Processor under Applicable Data Protection Law. Notwithstanding the foregoing, the parties acknowledge that:

• Where Personal Data is not accessible or likely to be accessible by Byron-Butler, Byron-Butler will not be a Processor, and therefore, in either case, the obligations of paragraphs 7.4 to 7.7 shall not apply.
• Subject to paragraph 7.3, with respect to the party's rights and obligations under the Agreement, the parties agree that you are the Controller and that Byron-Butler is the Processor.

Where Byron-Butler processes Personal Data as a Processor on your behalf, it shall:

• Process the Personal Data only in accordance with instructions from you (which may be specific instructions or instructions of a general nature as set out in the Agreement or as otherwise notified by you to Byron-Butler during the term of the Agreement);
• Take reasonable steps to ensure the reliability of any Byron-Butler staff who have access to the Personal Data, and ensure such staff are trained in the care and handling of Personal Data and have given appropriate binding undertakings of confidentiality;
• Notify you without undue delay and, in any event, within five business days, if it receives:
• a request from a Data Subject to have access to that person's Personal Data;
• a complaint or request relating to your obligations under Applicable Data Protection Law;
• Taking into account the nature of the Processing, assist and cooperate with you (including by using appropriate technical and organisational measures, in so far as this is possible), to respond to complaints or requests from Data Subjects exercising their rights under Applicable Data Protection Law, including by:
• Promptly providing you with full details of a complaint or request received by Byron-Butler;
• Upon your request, promptly providing information which you require in order to comply with a request from a Data Subject exercising their rights under Applicable Data Protection Law (including a ‘subject access request’) provided that Byron-Butler shall, unless otherwise agreed, be reimbursed any incremental costs incurred as a result of complying with this paragraph.
• Permit, at your own expense, you or your representatives access to any location where Byron-Butler processes Personal Data during normal business hours to inspect and audit, on reasonable prior notice, Byron-Butler's data Processing activities and comply with all reasonable requests or directions by you to enable you to verify and/or procure that Byron-Butler is in full compliance with its obligations under this paragraph 7. You or your representative shall be required to adhere to any applicable Byron-Butler site and security policies in the performance of such an audit or inspection;
• All costs in relation to the audit incurred by Byron-Butler or partners will be passed onto the client.
• Provide a written description of the technical and organisational methods employed by Byron-Butler for Processing Personal Data (within the timescales reasonably required by you);
• Be entitled to engage sub-Processors (as a subcontractor), subject to:
• The relevant subcontractor being engaged by way of a written contract which imposes obligations on the subcontractor which are at least equivalent to the obligations imposed on Byron-Butler pursuant to this paragraph 7.5;
• The relevant subcontractor providing sufficient guarantees to Byron-Butler in terms of expert knowledge, reliability and resources to implement technical and organisational measures which will meet the requirements of Applicable Data Protection Law, and all sub-Processors engaged by Byron-Butler as at the effective date of this Agreement shall be deemed authorised;
• In addition to the sub-Processors engaged pursuant to paragraph 7.5.7, be entitled to engage additional or replacement sub-Processors (as a subcontractor), subject to:
• The provisions of paragraph 7.5.7.1 and 7.5.7.2 being applied;
• Byron-Butler notifying you of the additional or replacement sub-Processor, and where you object to the additional or replacement Processor, the parties shall discuss the objection in good faith;
• Save where such countries have been deemed by the European Commission to be providing an adequate level of protection pursuant to the relevant provisions of Applicable Data Protection Law, not Process Personal Data outside the European Economic Area without the prior written consent of you and, where you consent to a transfer, to comply with any reasonable instructions notified to it by you. Notwithstanding the foregoing:
• We are expressly permitted and instructed by you that it may transfer Personal Data to any Byron-Butler subsidiary and any Byron-Butler subcontractor, subject to first ensuring that adequate protections are in place to protect the Personal Data consistent with the requirements of Applicable Data Protection Law;
• We are expressly permitted to transfer Personal Data to ESDS Software Solution PVT. Ltd. in respect of the provision of support services subject to there being adequate protections in place to protect the Personal Data consistent with the requirements of Applicable Data Protection Law;
• We are expressly permitted to transfer Personal Data to Microsoft Corporation in respect of the provision of services subject to there being adequate protections in place to protect the Personal Data consistent with the requirements of Applicable Data Protection Law.
• At your cost and taking into account the nature of the Data Processing and the information available to Byron-Butler, assist you in ensuring your compliance with your obligations to:
• Ensure the security of the Processing;
• Notify Personal Data Breaches to the ICO;
• Notify Personal Data Breaches to the Data Subjects;
• Carry out Data Protection Impact Assessments;
• Consult the ICO in respect of Data Protection Impact Assessments, pursuant to Articles 32 to 36 of the GDPR (respectively);
• Notify you without undue delay upon becoming aware of a Personal Data Breach.
• Taking into account the state of the art, the costs of implementation and the nature, scope, context and purpose of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, you and Byron-Butler will take, implement and maintain such technical and organisational measures as are appropriate to protect the Personal Data against unauthorised or unlawful Processing and against accidental loss, destruction, damage, alteration or disclosure.
• Each party shall comply always with Applicable Data Protection Law and shall not perform its obligations under the Agreement in such a way as to cause the other to breach any of its applicable obligations under Applicable Data Protection Law.
• Each party shall comply with its obligations set out in the Data Protection Specification.
• To the extent that Byron-Butler’s performance of its obligations under the Agreement involves the Processing of Personal Data on your behalf, you shall ensure:
• You are not subject to any prohibition or restriction which would prevent or restrict you from disclosing or transferring such Personal Data to Byron-Butler, as required under the Agreement;
• You have lawful grounds for Processing such Personal Data, including (if applicable) the consent of the individual to whom such Personal Data relates (and that such consent shall be valid under Applicable Data Protection Law).
• Where under Applicable Data Protection Law (including without limitation Article 82 of the GDPR and any applicable Law where you and Byron-Butler may incur joint and several liability as Controller and Processor with any other person) Byron-Butler incurs any costs liability damages claims or expenses (other than for damage caused by Processing only where it has not complied with obligations of applicable DPA Regulation specifically directed to Data Processors or where it has acted outside or contrary to your lawful instructions under the Agreement), you shall indemnify Byron-Butler on demand against all such costs liability damages claims or expenses, save for such liability as corresponds directly to Byron-Butler’s part of the responsibility for the damage caused by Byron-Butler’s breach of the obligations of Applicable Data Protection Law or the Agreement.
• International clients. You acknowledge and agree that if you are a business located in a territory outside the European Union (EU), it is your responsibility to ensure compliance with Applicable Data Protection Law (or equivalent) in relation to transfers of your personal data from Byron-Butler to you.
• PCI DSS Requirements. In accordance with best practice as described in the Payment Card Industry Data Security Standard (PCI DSS) scheme to safeguard sensitive credit and/or debit card data, should you use the Services to store, process or transmit credit or debit card information you will:
• Inform us in writing as soon as practicable and, in any event, before you do so;
• Comply with the PCI DSS requirements;
• You will take all necessary steps to ensure you are properly advised by your card acquirer or a PCI DSS Qualified Security Assessor (QSA) with regards to your obligations and appropriateness of your Service.
• Business Continuity. Byron-Butler warrants that it has and will undertake reasonable steps to establish and maintain effective contingency and backup systems, including disaster recovery and business continuity plans in respect of the services it provides under the Agreement.

Pricing and Billing

The pricing for the Services will be set out in your order for the Services and detailed in your Account.

All pricing unless otherwise stated exclude VAT.

While we make every effort to ensure pricing on our website is accurate, there may be instances where mistakes are made. In these instances, we will inform you and:

• Where you have been charged higher than the correct amount, we will provide you with a refund for the difference.
• Where you have been charged less than the correct amount, we will provide you with the opportunity to either cancel your order or to pay the difference.

We accept payments done through Credit & Debit card, PayPal, and Stripe.

Invoices

• Invoices are generated 10 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 5 days after the official due date.
• If no attempt is made within the next 10 days to pay due invoice(s), we reserve the right to permanently terminate your account and delete all data held. In total, 15 days from the official due date will pass before we permanently terminate your account.

Account Modifications

For any change in contact details, billing cycle changes, account upgrades/downgrades, cancellation or termination of hosting services, written authorization is mandatory and must be submitted using the client area. Requests on our live-chat & our toll-free number will not be accepted. It is important for us to establish the authenticity of the customer before carrying out such requests. All email communications must be done from the registered email address.

Account Renewal Reminders

• Account renewal reminders will be sent 15 (Fifteen) days before the renewal/due date for monthly and quarterly billing cycles, and 30 days before the renewal/due date for semi-annual, annual, biannual & triannual billing cycles. This is done to ensure that our clients get enough time to make payment(s). A second reminder will be sent before the due date, and the third & final reminder would be sent on the day of renewal.

Grace Period and Termination

• A grace period of 5 (Five) days will be given to all unpaid accounts past the renewal/due date. The hosting service will be suspended on the 6th (Sixth) day of the account being past due, and a notification email would be sent informing about the suspension of service.
• Backup, if purchased/applicable, will be provided only after the dues are paid during the suspension period, i.e. between 6th and 10th days (both days inclusive) of the account being past due.
• We allow up to 5 (Five) days after the account has been suspended for the renewal fee/dues to be paid. The account will be terminated permanently once this period of additional 5 days is over. After your account has been terminated, we can no longer guarantee the recovery of your data. Although all best efforts will be made to recover data past this point if invoices are paid, there is no guarantee that data can be successfully restored.

Automatic Payment Facility

We do have an automatic payment facility. You can store your credit or debit card details via our payment provider, and your card will be charged every month on the due date of the invoice. You can select what services are automatically paid from the client area.

Billing Enquiries

For further enquiries or clarifications, please contact the billing department.

Client Data & Backups

We backup all shared hosting platforms daily for which the following applies:

• While we will make every effort to protect and backup data for clients on a regular basis, we do not guarantee the existence, accuracy, or regularity of its backup, therefore, you are solely responsible for making backup files in connection with your use of the Services.
• We do not backup VPS, cloud servers or dedicated servers unless you specifically purchase a backup plan from us for the chosen service.
• For backup services purchased from us including but not limited to “R1Soft backup”, "Acronis" and “Veeam” you acknowledge the following:
  • If your backups exceed the amount of purchased storage space then backups will be suspended until you either reduce your usage or you purchase additional storage space.
  • Some backup services are client configurable, we take no responsibility for changes you make to your backup settings that result in either the failure of your backups or the inability to recover your data. If you are unsure how to configure your backups correctly please contact support.
  • You acknowledge that use of any of our backup services is at your own risk, although we will make all reasonable attempts to make the service accessible, secure and free from corruption, backups services are sold strictly as is and without warranty, we will not be liable for any loss, claim or damage which is caused by a failed backup.
  • We have no knowledge of the data you store on your hosting package including its value and quantity. While our services are designed to be resilient and we do offer services designed to mitigate against data loss, we accept no liability for the loss of data and associated revenue, contracts or business.

Uptime Service Level Agreement

For the specific products and services listed below, we offer an uptime SLA. The purpose of this SLA is to provide an availability framework against which uptime for a product or service is measured. It is not an absolute guarantee of service uptime but a set of availability targets that we aim to deliver. In cases where we have been unable to meet these targets, we may offer you service credits subject to the provisions/exclusions below.

We shall endeavour to ensure the Network Availability and/or Power Availability for our service as follows:

• cPanel and Windows Shared Hosting: 99.9% Network Availability
• Business Shared Web Hosting: 100% Network Availability
• Windows and Linux Reseller hosting: 99.9% Network Availability
• Email Hosting: 99.9% Network Availability
• Virtual Private Servers (VPS): 99.9% Network & Power Availability
• Dedicated Servers: 99.9% Network & Power Availability
• Cloud Servers: 100% Network & Power Availability

Network unavailability is defined as a complete loss of network connectivity to the switch port(s) that your service is connected to.

Power unavailability is defined as the complete loss of power to your service due to failure with the incoming power feeds or physical hardware failure.

If we fail to meet the agreed Network Availability and/or Power Availability in any calendar month, subject to exclusions, you may request a credit.

The Network Availability and Power Availability calculation shall exclude periods when outages arise from, or are otherwise indirectly caused by:

• Scheduled or emergency maintenance.
• Misconfiguration or Negligence by the Client.
• Service loss due to incoming or outgoing denial-of-service attacks.
• Network issues that are out of our direct control, for example, outages at internet exchange points, content delivery networks or any related infrastructure.
• Actions taken by our staff due to abuse complaints or breaches of our AUP.
• Actions taken by our staff to ensure the continued availability, performance, and stability of our wider infrastructure and networks.

Requests for credit under the SLA must be made within 14 days of the outage by raising a support ticket from your client area.

For requests that meet the required criteria we shall credit you 0.5 days of service credit for each hour the service is unavailable rounded to the nearest hour and subject to a maximum credit of 50% of the monthly fee for the contracted service.

The credit shall be made for the element of the Service(s) that were unavailable, it will not be made for the whole service and specifically excludes service addons, software licensing and backups.

You shall not be entitled to any credits under this SLA if any payment for the Service(s) is overdue under the terms of this Agreement.

You shall not be entitled to any credits under this SLA for any outage period during which service is suspended.

You agree that service credits due under this SLA are the sole remedy against us for any non-availability of your services.

Termination

Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer, then for most products bought online, you have a legal right to change your mind within 14 days and receive a refund. The right will end once we start to provide you with the Services.

We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 14 days written notice to you.

We may suspend your Account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.

Effect of Termination

On termination or expiry of your Account for whatever reason, you shall pay immediately all sums outstanding pending on your Account to us within 14 working days.

You are responsible for all domain renewals after termination, and we will provide you with such reasonable information upon request.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable (including but not limited to loss or corruption of data). Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.

When we are liable for damage caused by defective digital content

If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Third-party material and content

We exclude all liability of any kind in respect of any material on the internet posted by the Customer 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.

Law

This Agreement will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.

The Customer and us both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.

Modification of Terms of Service

We reserve the right to modify or change these terms of service at any time. All customers are bound by the latest terms of service published on this website.