1. THESE TERMS

1.1 What These Terms Cover These terms and conditions govern the provision of services by WilliHost (“WilliHost”). The terms become effective from the date you submit your order electronically.

1.2 Why You Should Read Them Please read these terms carefully before submitting your order. They provide important information about who we are, how we will deliver our services to you, how you and we can modify or terminate the contract, and what to do in case of issues, along with other crucial details.

1.3 Amendment of Terms WilliHost may, at its sole discretion, modify these terms and any associated policies or agreements at any time. We will notify you of any changes via email at least 30 days in advance. Such modifications will take immediate effect. Continued use of our website or services will constitute acceptance of the amended terms. It is your responsibility to ensure your email address is current. We are not liable for any failure to receive email communications due to an outdated email address.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who We Are We are WilliHost, a subsidiary of EMARKETICK LIMITED, with company number 15615490, registered in the United Kingdom. Our registered office address is:

71-75 Shelton Street,
Covent Garden,
London,
United Kingdom,
WC2H 9JQ

2.2 How to Contact Us You can reach us through the contact methods listed at https://willihost.com/about or by logging into your client area at https://my.willihost.com/ and raising a support ticket.

2.3 How We May Contact You We will contact you via telephone or by writing to the email address or postal address you provided when placing your order. We will never ask for your password. If you have doubts about the identity of a caller, please contact us directly using the phone number displayed on our homepage. For broader service issues or scheduled maintenance, we may update our status page at status.willihost.com.

3. OUR CONTRACT WITH YOU

3.1 How We Will Accept Your Order Placing an order on our website does not guarantee acceptance. We will accept your order and form a contract with you when we confirm that your order has been fulfilled. Services will only be provided once payment is received.

3.2 If We Cannot Accept or Fulfill Your Order If we are unable to accept or fulfill your order, we will inform you and refund any payments made. This could be due to reasons such as the unavailability of your desired domain name or issues with domain transfer requests.

3.3 Account Details To access our services, you must create an account. You may receive a username and password upon placing your order. We reserve the right to change your username or password, with prior written notification. You are responsible for the accuracy of the information provided and for securing your login details. Notify us immediately if you suspect unauthorized use of your account or any security breach.

4. OUR PRODUCTS

4.1 Domains

• Domain Registration We do not guarantee the availability of any specific domain name. A domain will be registered in your name, not WilliHost’s. You should manage your domain’s WHOIS data through your WilliHost client area at my.willihost.com. It is your responsibility to keep this data accurate to avoid potential service disruptions.
• Checking Registration/Renewal Our role is limited to forwarding your order to the registry. You are responsible for ensuring that your domain is registered, renewed, or transferred correctly. We accept no liability for failures in these processes.
• Third-Party Terms Domain registration is subject to third-party terms, including those from the relevant registry. By placing your order, you agree to comply with ICANN and any relevant registry’s terms and conditions. You will indemnify us for any non-compliance.
• Domain Renewals We will attempt to automatically renew your domain unless you provide notice to the contrary or set the domain to manual renewal. Renewal charges will be at the prevailing rate and payment will be taken up to 7 days before the renewal date.
• Domain Transfers and Ownership Terms Ownership of a domain is determined by WHOIS database details. If disputed, we may request additional evidence. You are responsible for completing necessary steps for domain transfer and must inform us if you wish to cancel a transfer.
• Expired Domains If a domain expires, it may enter a grace and/or redemption period. We may renew the domain at our discretion within this period, or it may be auctioned, have its details changed, or be transferred. If the domain is not renewed within the grace period, our agreement terminates, and we are not obligated to recover it.
• .UK Domains .UK domains managed by Nominet UK are subject to their terms and conditions, which can be found at https://www.nominet.uk/go/terms.

4.2 Hosting

• Free Domain Offer Some hosting packages include a free domain registration or transfer for specific extensions. All other extensions incur additional costs. The free registration is valid for one year, with future renewals charged at the standard rate.
• Purpose of Services Our hosting services are intended for website and email hosting only. Uses such as batch processing, video encoding, web crawling, archiving, and online backup systems are prohibited on shared or reseller servers. Such activities require prior written agreement and a dedicated server.
• Suitability of Hosting Environment Packages with ‘unlimited’ service are subject to fair use policies. Excessive use of resources may lead to recommendations for improvement or an upgrade. Dedicated server resources are defined by the purchased package.
• Migration Service We offer a free migration service to assist in moving your website from another provider. This is a best-effort service, and it is your responsibility to ensure a successful migration by providing necessary access and verifying the results. Migrations typically aim to be completed within 72 hours, though no specific timeframe is guaranteed.
• Changes to the Hosting Environment We may change your hosting environment on a ‘like for like’ basis or to provide upgrades. Changes will be communicated in writing and may involve adjustments to server location or provider.
• Upstream Providers You must agree to the terms of our upstream providers, including their export laws. See Appendix A for details.
• CDN and Bandwidth Usage In areas with high or fluctuating bandwidth costs, we may require the use of a CDN service. We will assist with setup and use this service to optimize performance and reduce bandwidth from your server.
• No Guarantee We do not guarantee defense against denial of service attacks unless specifically offered. For protection against DDOS attacks, consider purchasing a third-party service such as Cloudflare.
• Service Uptime We strive to provide 99.9% uptime, excluding planned or emergency maintenance. Notifications of planned maintenance will be provided via our status page and, if extended beyond 30 minutes, via email. We will address server issues promptly but cannot guarantee resolution within a specific timeframe.
• Backups We perform twice-daily backups stored offsite, generally in the same region as your server. If you have specific data residency requirements, contact us for a tailored solution. Backup service is best-effort, and you should maintain your own backups.
• Disruption to Services We are not liable for disruptions caused by events beyond our control. We choose high-performance providers but will notify you of any disruptions and take steps to minimize impact. We are not responsible for issues with upstream networks or hardware.

Providing the Services

1. Service Costs and Duration:
   • Costs are as displayed on the website.
   • Services are provided until the subscription ends or the contract is terminated as per the specified clauses.
2. Information Requirement:
   • If required information isn’t provided, the company may end the contract or charge extra for additional work. Delays caused by missing information are not the company’s responsibility.
3. Suspension of Services:
   • Services may be suspended for technical reasons, legal updates, breaches, or to avoid legal issues.
   • If services are suspended for over 24 hours in a 7-day period, the price may be adjusted. You can end the contract if suspension exceeds 120 hours and receive a refund.
   • Non-payment can also lead to suspension and additional interest charges. Service restoration efforts will be made within 24 hours after payment.
4. Service Suspension Consequences:
   • Data or websites may be lost or IP addresses changed if services are suspended. The company is not responsible for costs related to these issues.

Your Obligations Under the Contract

1. Content Responsibility:
   • You are responsible for all content and scripts on your account. Abusive scripts will lead to immediate suspension and investigation.
2. Prohibited Uses:
   • No illegal, offensive, or harmful content.
   • Unauthorized access, spam, false mail headers, and open proxies are prohibited.
   • Compliance with copyright and intellectual property laws is required.
3. Domain Registration:
   • Ensure domain registration doesn’t infringe on third-party rights or is not used unlawfully.
   • Transfer of domains requires payment of all fees and confirmation from the new owner.

Acceptable Email Usage

1. Email Policies:
   • No spam or bulk unsolicited emails.
   • Emails must not cause annoyance or distress.
   • Maintain clear opt-out policies and ensure email servers are not open relays.

Acceptable Web Usage

1. Content Management:
   • You must ensure content is legal and you have rights to distribute it.
   • The company is not responsible for content disputes or legal issues related to your website.
   • Adult content is allowed with prior notification and may be hosted on a separate IP.

Ending the Contract

1. Cancellation Policies:
   • Standard service users can cancel by 11:59 PM GMT before renewal.
   • Dedicated server users must give written notice 24 hours before billing date.
   • No refunds for prepaid months or domain/registration fees.
2. Complaints and Refunds:
   • Faulty or misdescribed services may warrant a refund or re-performance.
   • A 45-day money-back guarantee is available for shared hosting, excluding domain fees.
   • A 7-day money-back guarantee applies to server services.
   • Refunds are not available for domains or registrations.
3. Inappropriate or Illegal Activity:
   • Accounts with illegal content will be suspended and may lead to termination without refunds.
4. Consumer Contracts Regulations 2013:
   • You have a 14-day right to change your mind for most products, with specific exclusions for digital products and services already completed.

To end your contract with us, please log into your WilliHost client area at my.willihost.com, view the product, and submit a cancellation request. Make sure to provide the reason for your cancellation. If you are eligible for a refund under our money-back guarantee, please mention this in your cancellation request.

Our Rights to End the Contract:

1. Termination for Breach:
   • We can terminate your contract if:
     • You fail to make a payment when due.
     • You do not provide required information within a reasonable time after our request.
2. Compensation for Breach:
   • If we terminate the contract due to your breach, we will refund any advance payments for unprovided services, but we may deduct reasonable costs incurred due to your breach.
3. Withdrawal of Services:
   • We may notify you 30 days in advance if we decide to stop providing the services. We will refund any advance payments for services that will not be provided.

Price and Payment

1. Service Pricing:
   • The price for services will be as indicated on the order pages at the time of your purchase. VAT, if applicable, will be detailed during the order process.
2. VAT Adjustments:
   • If VAT rates change between your order and the service supply date, we will adjust the VAT rate accordingly, unless you have already paid in full before the change.
3. Price Changes:
   • We reserve the right to change prices and fees. Existing customers will generally not be affected by new customer price changes until the end of their current term or renewal. We will notify you of any price changes via email.
4. Incorrect Pricing:
   • If an incorrect price was provided, we will amend it if it was lower than the correct price and refund the difference. If it was higher, we will contact you for instructions before proceeding with your order.
5. Payment Methods:
   • We accept payments via major credit/debit cards, direct debit, PayPal, bank transfer, and cheque. You must be authorized to use the payment method. If a chargeback is made incorrectly, your account may be suspended, terminated, and a £50/$80 administration fee may be charged.
6. Payment Timing:
   • Payment is due at the time of ordering. All amounts are non-refundable unless stated otherwise in the terms above.
7. Invoices:
   • Invoices will be sent to the email address provided during registration. You can view your invoice history in the client area.
8. Late Payment:
   • If you miss a payment, we may charge interest on overdue amounts at 4% per year above the Bank of England’s base rate, accruing daily until payment.
9. Disputed Invoices:
   • Contact us promptly if you believe an invoice is incorrect. Interest charges will be paused until the dispute is resolved, after which interest will apply from the original due date on the correct amount.

Our Responsibility for Loss or Damage

1. Foreseeable Loss:
   • We are responsible for foreseeable loss or damage resulting from our failure to comply with the contract or use reasonable care and skill. We are not liable for unforeseeable loss or damage.
2. Limitations of Liability:
   • We are not liable for incidental or consequential damages resulting from service outages, data loss, or configuration issues. Our liability is limited to the immediate termination of service.
3. Business Losses:
   • We are not liable for losses related to commercial use, including loss of profit, business interruption, or business opportunity.
4. Liability Cap:
   • Except where acting as a Consumer under the Consumer Rights Act 2015, our total liability is limited to twice the fees paid for the services related to your claim during the 12 months prior to the claim.

Use of Your Personal Information

• We will handle your personal information in accordance with our privacy policy.

Other Important Terms

1. Transfer of Agreement:
   • We may transfer our rights and obligations under this contract to another organization. We will notify you in advance, and if you are unhappy, you may end the contract within 10 days for a refund of any advance payments.
2. Transfer of Your Rights:
   • You can transfer your rights or obligations under this contract only with our written consent. Requests should be made via support ticket in your client area.
3. No Third-Party Rights:
   • This contract is between you and us only. No other person has rights to enforce any terms.
4. Severability:
   • If any part of this contract is deemed illegal, the remaining terms will still apply.
5. Delay in Enforcement:
   • Delays in enforcing any term of this contract do not waive our right to enforce it later.
6. Governing Law:
   • This contract is governed by English law. You may bring legal proceedings in the English courts, or the Scottish or Northern Irish courts if applicable.

Appendices

Appendix A: Infrastructure Providers
DigitalOcean: Terms of Service
Google Cloud Platform: Terms
Amazon Web Services: Service Terms
Alibaba Cloud: Terms
Microsoft Azure: Legal Information

Appendix B: Company Information

Company Name: WilliHost.com ( A Project and Subsidiary of EMARKETICK LIMITED
Company Registration Number:  15615490
Company Registration Date: 4 April 2024
Company Registration Jurisdiction: United Kingdom
Registered Address: 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ
Ownership Status: Independently Owned, with no bank finance or leverage. Any debt is in the form of shareholder loans.