1. OUR TERMS AND CONDITIONS
1.2. Once you have read these terms and conditions, click “the I Agree” button and you will be able to proceed with any order you wish to make. If you do not agree with these terms and conditions, you are not authorised to use this Website.
1.3. These terms and conditions constitute the entire agreement between us with respect to this Website and any Services you order and supersede all prior communications and agreements between us, whether electronic, oral or written, regarding the subject matter contained in this Website. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement between us to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
2. LEGAL NOTICE
2.1. The content of this Website (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software) are our exclusive property or that of our content suppliers and is, unless specifically stated otherwise, protected by copyright, and other intellectual rights. It is published by us and may not be reproduced other than by downloading and viewing on a single CPU and/or printing a single hard copy, for private or internal business purposes only. It is not to be otherwise reproduced, transmitted, made available on a network or used to create derivative works without our prior written consent. All rights reserved.
2.2. The trade marks, logos and service marks shown on our Website, unless otherwise specified, are the trade marks of us. No rights are granted to use any of them without our prior written consent.
2.3. Any infringement of our rights will result in appropriate legal action.
3. DATA PROTECTION AND PRIVACY
4.1. Access to your Kakihosting account will be gained by using the username and the password selected by you during the registration process. You are responsible for ensuring the confidentiality and proper use of your username, password and account and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. In order to assist us with our security policy, you should not leave your computer terminal unattended while you are logged on to our Website and should ensure that it is switched off each time you have finished.
4.2. You must tell us immediately if you believe that an unauthorised person knows your username or password or has access to your account.
4.3. We reserve the right to suspend service or terminate accounts if we suspect an unauthorised person is attempting to access it.
4.4. You agree that we shall not be liable for any losses you suffer as a result of unauthorised access to your account until such time as you have informed us of any unauthorised or possible unauthorised use of your username and password or of a breach of security and we have acknowledged in writing that you have informed us of such unauthorised access.
This Website may include hyperlinks to sites operated by other parties but we are not responsible for examining or evaluating them and their inclusion does not imply our endorsement of their material. You therefore agree that we will not incur any liability in respect of the content of any site accessed through a hyperlink contained on this Website.
6. OUR CUSTOMER COMPLAINTS POLICY
6.1. Kakihosting is a service provided by Netscan Ltd.. We are committed to meeting the highest quality standards in the delivery of the service we provide to our customers. We aim to provide efficient and effective service and take any problems that do arise very seriously indeed. We aim to ensure that any complaints our customers may have are identified quickly and dealt with in accordance with our complaints handling procedure. In the event that you have any cause for complaint with regard to the Services please click on the “Contact Us” link and submit your complaint. We will investigate your complaint in accordance with an internal written procedure which involves:-
6.1.1. acknowledging any complaint and responding in full within 28 days or, if that is not possible, letting you know within that time when we will be able to respond fully;
6.1.2. carrying out a full review of your matter;
6.1.3. responding to you with our views on your complaint and how we propose to resolve it
6.1.4. if you are not satisfied with our response, instigating a further review by our Customer Service Department.
7. BASIS OF SALE OF SERVICES
7.1. Each order for Services is an offer by you to purchase the Services in accordance with these terms and conditions.
7.2. No order submitted by you is accepted by us until we confirm by email its acceptance. No contract shall exist between you and us until we confirm our acceptance of your order in this way. When we acknowledge receipt of your order as we are required to do by the E-Commerce (EC Directive) Regulations 2002 this is not our acceptance which we will confirm separately.
7.3. Any Contract shall be subject to these terms and conditions, which supersede any other terms and which govern your access of and use of our Website and any Contract to the exclusion of any terms and conditions which you purport to apply or which are implied by trade, custom or course of dealing. No terms or conditions transmitted by you will form part of any Contract or apply to your access to and use of our Website simply as a result of such terms and conditions being communicated to us.
7.4. You must ensure that the terms of your order are complete and accurate and that you give us any necessary information relating to any Services on your order form to enable us to duly perform any Contract.
7.5. Our employees or agents are not authorised to make any representation concerning our Website or Services unless confirmed by us by email and you acknowledge that you do not rely on, and waive any claim for breach of, any such unconfirmed representation (unless such representation is made fraudulently).
7.6. Any advice or recommendation given by us or our employees or agents to you as to the storage, application or use of the Goods which is not confirmed in writing or by e-mail by us is followed or acted upon entirely at your own risk.
7.7. We reserve the right to place restrictions on the volume of Services ordered.
8.1. All product descriptions and content on our Website or otherwise issued by us are intended merely to present a general idea of the Services and do not form part of any Contract.
8.2. We reserve the right to make any changes in the specification of the Services which are required for the Services to conform with any applicable safety or statutory (including EU) requirements or which do not materially affect their quality or performance.
8.3. Any error or omission on our Website or in any document or information issued by us or displayed on our Website shall be subject to correction without any liability on our part.
9. CANCELLATION AND DELAY
9.1. Unless you are ordering as a consumer and the Regulations apply or you are cancelling an order under paragraph 10.4 or 11.2 or 26, no order may be cancelled by you except with our written agreement and on terms that you shall indemnify us against all loss including loss of profit, costs, (including the cost of all labour and materials used), damages, charges and expenses incurred by us as a result of cancellation.
9.2. If you extend or delay a Contract or fail to take delivery of any Service at the specified time or (if no time is specified) within a reasonable time then you shall indemnify us against all loss including loss of profit, costs (including the cost of storage and all labour and materials used), damages, charges or expense incurred by us as a result of such extension, delay or failure.
9.3. We are entitled to withdraw from any Contract in the case of obvious errors or inaccuracies regarding the Services or the order or for unavailability.
9.4. We reserve the right to defer the date of performance of the Services, to cancel any Contract or reduce the extent of Services ordered without liability to you if we are prevented from or delayed in carrying on our business by any cause beyond our reasonable control. In such circumstances, you may also give notice by e-mail to cancel the Contract if the cause in question continues for a continuous period in excess of 180 days but in any event you shall remain liable to pay for Services supplied prior to such cancellation by us or you.
10. PRICE AND AVAILABILITY
10.1. The price and availability of the Services is shown next to its description on our Website. This price excludes VAT which is payable in addition at the standard UK rate. Prices are subject to withdrawal or revision at any time without notice before we accept your order.
10.2. If Services are unavailable or we need to vary the price due to supplier price increases, tax changes or site errors (for example), following confirmation of your order we shall send you a notification by email and allow you the opportunity to cancel your order if we have not done so ourselves.
11.1. We accept payment by credit and debit card only which will be debited on commencement of performance of the Services in question.
11.2. Time of payment is of the essence. Payment is received when we receive it in cleared funds.
11.3. We will charge you interest and claim debt recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002 on overdue accounts.
11.4. If you fail to make any payment on the due date then the whole price of all services bought or agreed to be bought by you shall be immediately due and payable without demand and we may cancel any Contract or suspend delivery of our performance or appropriate any payment made by you to such of the Services (or the services supplied under any other contract between us) as we think fit.
11.5. We are entitled to set off sums owed by us to you against sums owed by you to us. You may not deduct any amounts from the price of the Services.
11.6. We will charge a late payment fee equivalent to 10% of the Contract price which you agree to pay on demand.
12.1. All performance times quoted on our Website are estimates only based on availability and normal processing time.
13. GUARANTEE AND RETURNS POLICY
13.1. Any claim by you which is based on any shortfall in the quality of the Services or their failure to correspond with their Website description must be notified to us by e-mail within seven days from the date of performance.
13.2. In no event shall you be entitled to reject the Services on the basis of any failure which is so slight that it would be unreasonable for you to reject them.
13.3. If you do not notify claims in accordance with paragraph 14.2 then:-
13.3.1. you shall not be entitled to reject the Services; and
13.3.2. we shall have no liability for such shortfall or failure.
13.4. In the event you have a valid claim which has been notified to us pursuant to paragraph 14.1, we shall be entitled to carry out the Services again free of charge or, at our option, refund to you the price of the Services, but we shall have no further liability to you.
14. LIMITATION OF LIABILITY
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
14.1. Subject to paragraph 14, the following sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents or subcontractors) to you in respect of any access or use by you of our Website or breach of these terms and conditions and any representation, statement or act or omission (including negligence) arising under or in connection with this Website or any Contract and in respect of any contemplated performance or lack of performance.
14.2. All warranties, conditions or other terms implied by statute, common law, trade usage or otherwise are excluded to the fullest extent permitted by law but this exclusion does not apply to:-
14.2.1. where the Services are sold to a person dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977, any implied term relating to the conformity of the Services with their description or sample or as to their quality or fitness for a particular purpose.
14.3. We make no warranty that the Goods Services will meet your requirements or that the Services will be uninterrupted, timely or error free. We will not be responsible if we are unable to provide access to or use of our Website or the Services for whatever reason.
14.4. This Website or any part of it or any of our Services may not be compatible with your browser or computer configuration and we make no warranty that it is.
14.5. This Website is for information only. We have used reasonable care and skill in compiling its contents but make no warranty (express or implied) as to the nature or accuracy of any material on this Website.
14.6. In providing the Services we make no representations (either express or implied) or warranties as to the satisfactory quality, fitness for a particular purpose, non-infringement, compatibility and accuracy of the documents or the information you use from this Website.
14.7. You warrant to us that you will not use this Website and the Services for any unlawful purposes or in a way that is prohibited by these terms and conditions. We may immediately terminate your account and your ability to access this Website if you breach any of these terms and conditions or if we believe that we or our other customers may incur liability from your actions.
14.8.1. we shall not be liable to you for any loss or corruption of data or any loss of profit, loss of production, financial loss, depletion of goodwill or any indirect loss, damage, costs or expenses whatsoever which arise out of or in connection with:-
(a) your access or use of our Website or any material on it; or
(b) the result of any use made of our Website or such material; or
(c) any Contract; or
(d) Services provided by us.
14.8.2. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with your access or use of our Website or any material on it, the result of any such use or material or the performance or contemplated performance of any Contract shall be limited to the total cost of the Services you purchased under which the claim arises for any one event or series of connected events.
14.9. Nothing in these Conditions excludes or limits our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.
15.1. Any Contract shall terminate immediately upon the happening of any one or more of the following:-
15.1.1. you are dissolved or have a bankruptcy order made against you or make an arrangement or composition with your creditors; or
15.1.2. you (being a body corporate) convene a meeting of creditors or enter into liquidation (whether voluntary or compulsory); or
15.1.3. you have a receiver, manager, administrator or administrative receiver appointed of the whole or any part of your undertaking, property or assets; or
15.1.4. a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order in respect of you; or
15.1.5. any proceedings are commenced relating to your insolvency or your possible insolvency in any jurisdiction to which you or any of your assets are subject.
15.2. Any Contract shall terminate immediately upon service of written notice of termination by us on you on the happening of any one or more of the following:-
15.2.1. you have, suffer or allow any execution to be levied on your assets or obtained against you; or
15.2.2. you commit a material breach of any of your obligations under the Contract or under any other contract with us; or
15.2.3. you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986; or
15.2.4. you cease or threaten to cease to trade.
15.3. Any contract shall terminate immediately if you breach our acceptable use policy by posting on your Website any of the following:
15.3.1. Illegal Material – this includes copyrighted works, commercial audio, video, or music files and any material in violation of any International, National or Local law or regulation. We reserve the right to delete any files that infringe copyright without warning.
15.3.2. Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of us.
15.3.3. Racist/Provocative Material – The designation is left entirely to the discretion of us
15.3.4. Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing etc and encrypting of any of the above, including any sites which provide “links to” or “how to” information about such material.
15.3.5. Fraud – any site that attempts to defraud members of the public in any way (for example “phishing” sites)
15.4. Termination of any Contract shall not affect rights and duties accrued before termination and in particular shall not affect our rights contained in paragraph 12. However, your rights contained in that paragraph shall immediately terminate.
16. SERVER USE
16.1. The Company’s web hosting accounts are to be used by the Customer only. Web hosting account holders are not permitted to resell, store or give away the web hosting services of their web site to other parties (except in the case of resold packages under a Reseller account). Web hosting services are defined as allowing a separate third party to host content on the Customer’s web site. (Exceptions to this include advertisements and banners). The Company reserves the right to refuse service and/or access to its servers to anybody at any time.
17. SSL CERTIFICATES SERVICE
17.1. Once ordered, SSL Certificates are non refundable under any circumstance.
17.2. In addition you agree to the terms and conditions provided at the links below:
17.3. For GeoTrust SSL Certificates click here.
17.4. For RapidSSL Certificates please download the relevant document from this page.
18. HIGH RESOURCE USER POLICY
18.1. Resources are defined as bandwidth and/or disk space and/or processor utilization. The Company may implement the following policy at is sole discretion: When a web site is found to be over-using or monopolising the resources available the Company reserves the right to suspend that site. This Policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The Company also reserves the right to flush backup files from the server that are more than 28 days old.
19. SEARCH ENGINE SUBMISSION SERVICE
19.1. Should a customer purchase the Company’s “Search Engine Submission” services, the Customer will be required to complete a form by email with all the necessary information requested by the Company which it deems to be necessary to complete the request, and the Company shall then proceed with submission within 14 days of receiving that information. No guarantees are provided by the Company regarding the result of submitting to the various engines. The Company is not responsible for any problems that may arise as a result of using this service. The service does not cover those search engines and directories for which payment is required to list a website. The choice of search engines and directories is entirely at the discretion of the Company, and the amount of Search Engines submitted to is entirely at the discretion of the Company.
20.1. You agree to indemnify us against any damages, losses, costs, claims or expenses incurred by us towards a third party arising out of or in connection with your use of our Website or Services supplied by us or their operation or use and whether arising by reason of our negligence or otherwise.
20.2. The Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against the Company, its agents, its Customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed, including hosting and domain registration. The customer also agrees to defend, indemnify and hold harmless the Company against all liabilities including those that arise out of:
20.2.1. any injury to person or property caused by any products sold or otherwise distributed in connection with the Company’s server.
20.2.2. Any material supplied by the Customer infringing or allegedly infringing the property rights of any third party or any material that contravenes the Acceptable Use Policy outlined in this document.
20.2.3. Copyright infringement.
20.2.4. Any sale of defective products sold by the Customer from the Company’s server.
20.2.5. Any Domain Names that expire without the Customer’s knowledge due to non-renewal.
20.2.6. Any Domain Name that fails to transfer across from another registrar. The customer acknowledges that the Company will endeavour to, but will not guarantee to notify the Customer of any Domain Name Transfer failure – the Customer acknowledges that it is the responsibility of the Customer to ensure a Domain Transfer has completed successfully. Payment by the customer of any domain transfer fee does not guarantee that the domain will successfully be transferred to the customer. In any case where a transfer fails, the Customer can request a refund of the transfer fee in full by opening a support request at http://www.kakihosting.com. The Customer acknowledges that it will not rely on billing data, future invoices raised against a Domain Name (including invoices raised in error), and any other account information in order to determine the successful transfer of a Domain Name and that the customer will use the relevant WHOIS registry information to verify transfer completion at regular intervals after ordering a Domain Transfer from the Company.
21.1. Customers may not use the Company’s services to circumvent user authentication or security of any host, network, or account. This includes, but it is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation’s security policy. The Customer is obliged to ensure any software or scripts installed on their hosting space is secure and proactively updated to be reliable, and is not liable to cause any security-related problem to the server or other users on the server (This includes installation of scripts via auto-installers provided by the Company). Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to, flooding. Mail bombing, or other deliberate attempts to overload or crash a host or network. The Company will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability.
21.2. EMAIL AND OTHER TYPES OF INTERNET BASED MESSAGE DISTRIBUTION
The Company has zero tolerance for Unsolicited Commercial Email (UCE) that is in any way associated with the Company, its clients, or any of its client’s associates. Customers are prohibited in anyway whatsoever from using UCE as a means of advertising data or services to distribute such materials.
21.2.1. Infringements of this policy can result in any one of the following:
188.8.131.52. Sending mail to users who have not specifically requested to receive such mail, including opt-out mailing lists.
184.108.40.206. Sending, being involved in sending, or employing a third party to send mail which advertises or mentions a site hosted at the Company to users that have not specifically requested this mail.
220.127.116.11. Forging of message headers to mask the originator of the message
21.2.2. Infringements of this policy include, but are not limited to:
18.104.22.168. Harassment, whether through language, frequency, or size of messages, is prohibited.
22.214.171.124. You will be held responsible for the actions of your clients in this matter. Please review the information at http://spam.abuse.net for more information on what constitutes UCE, or ‘Spam.’
21.3. Infringements of this policy can result entirely at the discretion of the company in any of the following:
21.3.1. A warning from the Company, via E-mail or phone.
21.3.2. Removal of DNS for the advertised / originating site.
21.3.3. Temporary shutdown of the server or a block on outgoing mail.
21.3.4. Permanent disconnection of service
21.3.5. Termination of the contract.
22. OPTIMISATION AND PATCHING
All servers are proactively and routinely patched and optimised. As part of this process, any insecure scripts that may be running on any sites hosted with us may no longer function and it is the responsibility of the Customer to ensure that all scripts are secure and will not put the customers’ services at risk. The Company takes no responsibility for any problem caused to insecure code/scripts as part of the security update. On occasion, the Company may recommend that the Customer apply ‘patches’ or other code changes to the files on their hosting space in order to ensure the stable running of the server. This is a recommendation only any changes are made entirely at the Customer’s risk. Any resultant downtime caused to the Customer as the result of not applying a patch will not be considered unscheduled downtime.
23. BACKUP POLICY
The Company makes backups at regular intervals. These backups are in no way guaranteed, and the Customer is responsible for backing up data remotely. The customer acknowledges that the company is not liable for any loss of data for whatever reason.
Refunds are issued only at the discretion of the Company.
25. CANCELLATION BY CUSTOMER
If the Customer wishes to cancel their contract or Services, notice must be given to the Company of the cancellation request, including username and password either in writing to the head office, or by means of support ticket submission via the support desk at http://www.kakihosting.com
Cloud Servers: The minimum term for Cloud Servers is the same as the billing period, and any notice of cancellation must arrive at the Company at least 7 days in advance of the next renewal date. Refunds are not issued on a pro rata basis for any unused portion of a contract. Any outstanding invoices for any package must be paid before the account will be cancelled by the Company.
Paragraphs 26 to 28 inclusive only apply to customers who contract with us as consumers.
If you are accessing this Website to purchase Services for a purpose which is outside your business, the Consumer Protection (Distance Selling) Regulations 2000 (“the Regulations”) will apply to any agreement between us with respect to those Services. These terms and conditions are intended to be consistent with the Consumer Protection (Distance Selling) Regulations 2000 and nothing in them is intended to impose on consumers any duty or liability additional to those specified in the regulations. If you would like a copy of these Regulations they can be obtained from the Department of Trade and Industry.
These terms and conditions shall not affect your statutory rights as a consumer.
27. YOUR RIGHT TO CANCEL AS A CONSUMER
You have a right to cancel our agreement without penalty and without giving any reason and this right can be exercised by forwarding to us at Kakihosting, BCM box 3181, London, WC1N 3XX a notice of cancellation within the time limit set out below. Please quote the relevant order reference number (which you can find on our order confirmation Email) when exercising your right to cancel.
27.1. You may exercise this right to cancel within seven working days beginning on the day after our agreement with you is made which is when we confirm your order.
27.2. Where we are unable to fulfil your order within 30 days we:-
27.2.1. Shall inform you and repay any sum paid by you as soon as possible and in any event within 30 days of us informing you that we cannot fulful your order.
27.2.2. May supply service of equivalent price and quality.
27.3. You have no right to cancel in the following circumstances:-
27.3.1. Where the price is dependent on fluctuations in the financial market outside our control;
27.3.2. If you consent to us performing the services before the end of the cancellation period.
27.4. If you exercise your right of cancellation, this will also cancel any related credit agreement.
27.5. If you do not pay for the services within 15 days of the date payment is due, we may cancel our agreement immediately and we will return any sum received by us up to that date less any reasonable expenses incurred by us. If we cancel for any other reason, we will notify you in writing of the reasons for cancellation and refund in full all monies paid together with your direct and reasonable losses and costs suffered by you because of our cancellation.
28. STATUTORY RIGHTS AS A CONSUMER
As a consumer you have certain statutory rights regarding statements made in public by us or our representatives in respect of the performance of services, as well as claims in respect of losses caused by our negligence or our failure to carry out our obligations. In certain circumstances you may require us to reduce the price you have paid for misdescribed services or cancel your contract with us. Nothing in these terms and conditions affects those statutory rights.
28.1. You also have certain statutory rights under the Electronic Commerce (EC Directive) Regulations 2002 because we are advertising and selling services online. If we do not comply with these Regulations you have certain remedies. These terms and conditions do not affect your remedies under those Regulations.
28.2. For further information about your statutory rights, please contact your local authority Trading Standards Department or Citizens’ Advice Bureau.
29. DOMAIN NAME REGISTRATIONS
The Company will consider all requests for domain name registration and accept or reject them in accordance with guidelines set by the relevant naming authorities. In addition to our terms and conditions as set out here, you must also agree to be bound by the terms and conditions of the registries we use to secure your domain name, specifically:
For .uk domains – when you register a .uk domain name you are also entering into a contract with Nominet and you agree to their terms and conditions at: Nominet UK terms and conditions.
For .xx.com/.xx.net CentralNic second level domains, click here: CentralNic terms and conditions.
For .eu domains, download related documentation from here: EurID Document Downloads.
For .com/net/org/biz/info/other domains, click here: INWW terms and conditions.
You also agree that any dispute arising from your domain registration will be bound by the appropriate dispute resolution policy, specifically:
For .uk domains, click here: Nominet Dispute Resolution Service
For .eu domains,click here: EurID Dispute Resolution Information .
For .com/net/org/biz/info/other domains, click here: ICANN Uniform Domain-Name Dispute-Resolution Policy.
In addition, you agree to indemnify us for all costs resulting from any such dispute. The contract for registration and transfer of domain names is between the Customer and the appropriate naming authority above, and you acknowledge that the Company acts as an agent for the Customer.
i. Upon acceptance of registration requests, the Company will submit names for registration and make full registration upon receipt of payment
ii. Once a domain name has been registered no refunds will be made by the Company.
iii. The Company reserve the right to halt the registration or transfer/release of a domain name if outstanding monies are owed to them by the Customer.
iv. The Company processes domain registration requests on a first come, first served basis. Until the Customer receives confirmation of registration from the Company there is no guarantee that the domain name requested has been registered.
v. The Company may cancel or halt domain name registrations solely at its own discretion.
vi. The Company does not accept any responsibility for the use of registered domain names, including where there may be conflict over rights to ownership. The Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against the Company, its agents, its Customers, officers and employees, that may arise or result from a domain registration provided or performed or agreed to be performed on behalf of the Customer
vii. The Customer agrees that all details submitted in respect of a domain name registration are true and correct, and holds the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against the Company, its agents, its Customers, officers and employees, that may arise or result from such details submitted by the customer. The Customer acknowledges that contact information submitted in respect of domain registration will be visible on the internet (e.g. under a ‘WHOIS’ search).
viii. The Customer acknowledges that in the event of a domain registration or other dispute, the Customer must be able to demonstrate that the registration of a domain name and it’s use (directly or indirectly) does not infringe the legal rights of any third party.
ix. The Customer agrees to indemnify the Company from any legal proceedings and costs that arise as a result of the registration/non-registration of a domain name. The Customer acknowledges that a registration can only be deemed to be successful once shown under a WHOIS lookup using the system provided by the relevant naming authority, and not at any time before.
x. Data submitted by the Customer pertaining to the registration of a domain name will not be made available to other organisations and members of the public, save for that data made public by the relevant naming authority.
xi. The Company reserves the right to make alterations to the terms and conditions of domain name registration at any time.
xii. Transfers and renewals of domain names will be made under the Company terms and conditions of domain name registration in force at the time. The Company will not guarantee to notify the Customer in the event of a failure of any transfer or renewal. The Customer acknowledges that it is their liability to ensure the transfer has completed by contacting the releasing registrar 7 days after the transfer application was made.
xiii. Should the Company cease trading, domain renewals must be carried out through the relevant naming authority and all active services must be transferred to a new provider. The Company will endeavour to provide reasonable access to the Customer for the purposes of web site data retrieval, for a reasonable period after cessation of trade, such period being notified to the Customer by e-mail as soon as practicable.
xiv. The Customer acknowledges that renewal of domains is the sole responsibility of the Customer. The Customer acknowledges that the Company will not be held responsible for any losses arising directly or indirectly as a result.
30.1 Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we integrate it within our terms and conditions, and this is linked to from all pages of our website.
30.2 This notice applies to all information collected or submitted on the Kakihosting website. On some pages, you can order hosting packages, domain names, SSL Certificates and other associated products. We require registration for you to purchase any product, and as such we collect personal information from you on certain pages of the Kakihosting website. The types of personal information collected at these pages are:
30.3 We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
30.4 We use return email addresses to answer the email we receive and for invoices, support tickets and all other service and product related communications from Kakihosting to you. Such addresses are not used for any other purpose and are not shared with outside parties.
30.5 To prevent unauthorised access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
30.6 You can manage and update the personal information we hold about you by logging into the Kakihosting Client Area at http://www.kakihosting.com
a) We reserve the right to change these terms and conditions from time to time.
b) In these terms and conditions:-
i. “Contract” means any contract for sale and purchase of the Services which incorporates and is subject to these terms and conditions in our order form;
ii. headings shall not affect interpretation;
iii. any reference to a statutory provision includes a reference to any modification or re-enactment of the provision from time to time in force; and
iv. references to “Contract” and “Services” or any payment includes any part of them or it.
c) Each of our rights or remedies is without prejudice to any other of our rights or remedies.
d) Each of the provisions contained in these terms and conditions shall be construed as being independent of every other and if any provision contained in the terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to the limitations on liability, such determination shall not affect the validity of the remainder of the terms and conditions which shall continue in effect.
e) Our Website is operated and controlled from the United Kingdom and these terms and conditions and your use of this Website are governed by and construed in accordance with the laws of England and Wales. By agreeing to these terms and conditions you consent to all disputes arising out of or relating to your use of this Website being decided only by the courts of England and Wales. If you are accessing this Website from another jurisdiction it is your responsibility to ensure compliance with the laws that apply to that jurisdiction.
f) We may assign or subcontract the Contract or any part of it and may dispose of or deal in any manner with any of our rights or beneficial interests under it.
g) You are not permitted to assign your rights and obligations under these terms and conditions.
h) All rights under the Contracts (Rights of Third Parties) Act 1999 are excluded.
i) Failure or delay by us in enforcing or partially enforcing any provision of these terms and conditions is not a waiver of any of our other rights.
j) Any waiver by us of any breach by you is not a waiver of any subsequent breach.
k) Any notice to be given by either of us to the other under these terms and conditions must be by e-mail addressed to that other party at the e-mail address which you complete in the order form or our e-mail address as set out in our confirmation of order form or such other address as we may notify you for these purposes
By accepting these termsn and conditions during the registration process, you agree that you:
1) have read and understand the terms and conditions set out above;
3) agree to be bound by these terms and conditions.
32 COMMERCIAL TERMS
1. All pricing declared on our website excludes VAT.
2. Without prior agreement, we accept the following forms of payment only;
- Credit/Debit Card via WorldPay FuturePay
- BACS transfers(Annually only)
3. All contract lengths are confirmed by the customer and can be changed on request. Offered contract lengths are:
4. Account termination requests must be raised via support ticket, the contents of which needs to include all of the following in order for this to be actioned:
. Confirmation that all payments are up to date and there is no outstanding balance on the account being terminated.
- Confirmation that a period of 14 days’ notice is given.
- The domain name associated with the package.
- That the Company can irretrievably terminate all data held within that package.
5. All renewals will be charged at the same price as stated in the original contract. There are no additional terms or conditions unless the Customer is directly contacted by the Company.
33 PERSONNEL PROFILE
- The Company has between 11 and 50 employees, working under multiple job roles.
- All employees are located in the United Kingdom, apart from part of our first line support team which are currently located in India.
- All prospective employees undergo a vetting procedure to establish suitability for any role with the Company. This includes checks that ensure eligibility to work in the UK.
34 CUSTOMER MIGRATION PATHS AT CONTRACT TERMINATION
- There are no restrictions imposed upon the Customer by the Company that in any way deliberately obstruct the cancellation of services. Pro rata refunds are only available for cancellations where the service is terminated immediately, and has at least 3 months left on the current contract.
- If the customer requires a backup of all of their data this must be requested either before, or at the time of cancellation of services. Once cancelled, all data and backups will be terminated.
- The Company does not employ any kind of lock-in which requires the Customer to stay with the Company for the full contract length.
35 CUSTOMER MIGRATIONS PATHS DURING CONTRACT EXECUTION
- All customer information is taken from a registration form on each of our websites. The Customer enters this information as part of the registration process, and this is required in order for the Customer to order any product/service from the Company.
- All information provided by the Customer is kept secure and adheres to all points laid out in the Data Protection Act 1998.
- The Company can assist the Customer with the import of any data to Company infrastructure. This is only on acceptance by the Company that the Customer meets specified criteria. Company support is provided by an online support system, which requires input of data by the Customer as a prerequisite to the above process.
36 LICENSING PROVISIONS
- All licenses that are active with the organisation are documented. This will ensure all licenses are documented for audit purposes.
- Shared server licenses are updated by the Company, and any cancellation of software will be confirmed by Netscan at least 30 days in advance of removal.
- Any software on VPS, Cloud or Dedicated Servers are not owned directly by Netscan. Netscan can provide licences as a service, however the licence remains the property and responsibility of the VPS, Cloud or Dedicated server owner.
- There are no additional costs for any software provided on our shared services.
- Extra costs are applied to VPS, Cloud or Dedicated Servers. These costs are clearly outlined during the order process for the respective system.
- Each license supplied to Netscan is bought directly from the software manufacturer or a software reseller. All details surrounding the license are dealt with in house.
- No additional software will need to be purchased from any customer of ours.
37 PROVISIONS FOR INFORMATION SECURITY
- Only authorised users to our systems have access to secure information about our customers and the details of their services with us.
- All authenticated users are documented and kept within a secure file. These authenticated users are the only users who can access client information and the secure area of our servers. Other areas that authenticated members of staff can access include the transactions of payments between the Company and the Customer.
- There are systems in place to improve the service to the Customer. Improvements to the service are documented, and all customers updated as and when required.
38 DATA PROTECTION PROVISIONS
- All customer data held within the contract between the Customer and the Company is held within the United Kingdom or the United States only. Customer data backups are kept within the same country but at an alternate location to the server from which the backups are derived.
- We comply with the legislation of the Data Protection act of 1998, we comply with this in a number of ways to ensure data privacy, and our methods for this are available on request.
39 PROVISIONS FOR SERVICE CONTINUITY
- The Company has strict systems in place for a disaster scenario. Any incident that falls into this category – such as the loss of a server or any of our services – has a plan in place to ensure all staff members are trained to respond immediately and correctly to restore service.
- The Company has backups running for all services by default, with the exception of Dedicated Servers. Backups are kept off site and have a 1 month retention minimum.
- The Company provides Service Level Agreements to the Customer that provide a number of guarantees including service uptime, and advance notice of any maintenance work.
40 PROVISIONS FOR AUDIT
- The Company undertakes a high level programme of documentation under the Netscan name. This programme ensures all policies and procedures are in place to test all systems and documents to confirm they are followed as the procedure specifies. The programme prepares for an audit being taken on the Company and its policies, procedures and systems.
- The Company can be audited at any time by CIF, its Customers or any other auditors to ensure it meets the requirements. The Company requires a two week notice period before any audit can take place.
41 SERVICE DEPENDENCIES
- The Company has a contractual relationship with a company located in India, which provides a 1st level support service to all brands.
- The Company holds cloud infrastructure within Peer1 datacentre
- The Company depends on Virgin Media to provide connectivity of telephone and internet services to its offices.
HEAD OFFICE ADDRESS
120 Pall Mall, London, SW1Y 5EA
Kakihosting is a trading name of Netscan Limited
Netscan UK Limited is a registered company in England and Wales (Company No. 06766801)
VAT Reg. No. 943178607 (the Company)
CHANGE OF TERMS
The company reserve the right to update these Terms & Conditions at any time and without notification – for this reason please review our current Terms & Conditions of use from time to time.
These Terms and Conditions do not affect your statutory rights as a consumer.