Go Simpl Hosting Terms and Conditions

This page outlines the terms and conditions on which Go Simpl Hosting, a trading name of Ellis Affiliations Ltd Company (“we”, “us”, and “our”), supplies the services described on our website, www.gosimplhosting.com, to you (“Services”). Our primary services include Website Hosting (“Hosting Service”) and Domain Name Registration and Renewal (“Domain Service”).

Please read these terms and conditions carefully before ordering any Services. By ordering any of our Services, you agree to be bound by these terms and conditions. Refusal to accept these Terms and Conditions means you cannot order Services from our website.

Our Data Processing Agreement under the European General Data Protection Regulation (GDPR) is an integral part of these terms. We recommend you review and retain a copy of these terms for your records.

1. Information About Us

1.1. www.gosimplhosting.com is a website operated by Ellis Affiliations Ltd Company, trading as Go Simpl Hosting (“we”, “us” and “our”). We are registered in England and Wales under company number 15268221 and have our registered office at 36 Church Lane Avenue, Coulsdon, England, CR5 3RT.

Note: We will primarily communicate with you via our regular newsletter and emails. This communication method is used to inform you of changes to services, billing, planned maintenance, and account access information. By placing an order for Services, you consent to receiving this communication.

1.2. Contracts for the purchase of Services through our site are governed by English law. Any disputes arising from or related to the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. The language for concluding the contract between us is English.

2. Your Status

2.1. By placing an order through our website, you confirm that: 2.1.1. You are legally capable of entering into binding contracts. 2.1.2. You are at least 18 years old.

2.2. If you are acting on behalf of a company or business, you further warrant that you have the personal authority to bind that company or business to the order.

3. The Order Process

3.1. To place an order, you must first successfully register an account with us. The information provided during registration must be complete and accurate. We reserve the right to block access to your account and the Services if we reasonably believe the information supplied is inaccurate. You must keep your username and password confidential and notify us immediately if you suspect they have been compromised.

3.2. Before submitting your order, you will see an on-screen summary detailing the Services and the price payable. You will have the option to review and correct any errors before final submission.

3.3. You are generally required to register a credit or debit card before submitting an order. While paperless direct debit may be accepted, a credit or debit card might be needed for your initial order.

3.4. Upon placing an order, we will send an email confirmation of the ordered Services to the email address registered on your account. Copies of previous invoices will be stored within your account area.

4. How the Contract is Formed

4.1. After placing an order, you will receive an Acceptance Confirmation email from us, which officially accepts your offer to buy our Services and, if applicable, confirms the activation of your Hosting Service. All orders are subject to our acceptance.

4.2. The Contract between us will only be formed when we send you the Acceptance Confirmation. We reserve the right to decline your order for any reason, in which case we will notify you.

4.3. The Contract will only cover the Services confirmed in the Acceptance Confirmation. We are not obligated to supply any other Services from your order until they are also confirmed.

5. Our Status

5.1. Our site may include links to websites of other companies. We cannot guarantee the satisfactory quality of products or services you purchase from these third-party websites, and we expressly disclaim all related warranties.

5.2. This disclaimer does not affect your statutory rights against the third-party seller.

6. Consumer Rights

6.1. If you are a consumer (i.e., not buying within the course of a business), the Consumer Contract Regulations 2013 typically allow you to cancel the Contract within 14 working days of receiving the Acceptance Confirmation.

6.2. However, by ordering the Services, you agree to the supply of those Services commencing immediately. Because of this immediate commencement, you waive the right to cancel the Contract under the Consumer Contract Regulations 2013.

6.3. This provision does not otherwise affect your existing statutory rights.

7. Our Limited Money Back Guarantee

7.1. Once the Contract is formed, you may cancel the Hosting Service you purchased.

7.2. You may cancel within 30 days, beginning the day after you received the Acceptance Confirmation. If you cancel within this period, you will receive a full refund of the price paid for the Hosting Service. The refund will be processed back to the original payment method used. This guarantee is limited to one per customer.

7.3. To cancel, you must notify us by raising a support ticket before the 30-day period expires. We will respond to confirm your request, and you must re-confirm your cancellation by replying to this confirmation. Failure to re-confirm will result in the continued supply of the Hosting Service, as this step ensures we do not prematurely delete any data you need to retain.

7.4. The Services that are excluded from the limited money back guarantee include (but are not limited to): 7.4.1. Domain Registration and Domain Registration Renewals. 7.4.2. Private SSL certificates. 7.4.3. Virtual Nameservers and other ‘add-on’ products. 7.4.4. Virtual Private Servers (VPS) and associated products.

8. Price and Payment

8.1. The price of any Services will be as quoted on our website (exclusive of VAT).

8.2. The total cost of your order will be clearly displayed before you submit your order.

8.3. Prices are subject to change. We will notify you of any price increases at least 14 days before the new price comes into effect. If you do not cancel, you will be deemed to have accepted the new prices, and they will be charged to your account.

8.4. In the event of pricing errors: 8.4.1. If the correct price is lower than the stated price, we will charge the lower amount when accepting your order. 8.4.2. If the correct price is higher, we will typically contact you for instructions before accepting the order. 8.4.3. We are not obligated to provide Services at an incorrect (lower) price, even after sending an Acceptance Confirmation.

8.5. We reserve the right to use debt recovery agents or other means to recover any outstanding amounts due. You agree to be liable for any additional fees and charges incurred through this recovery process, in addition to the amount owed.

8.6. Time for payment is essential. Payment is not considered received until we have cleared funds. If your primary payment method fails, you authorise us to seek payment from any other credit card, debit card, or direct debit registered against your account.

8.7. Failure to authorise payment may result in the suspension of your account.

9. Quality

9.1. We warrant that all Services purchased through our website will be provided with reasonable care and skill.

9.2. We will not be liable for a breach of this warranty if: 9.2.1. You fail to give us written notice of the breach promptly. 9.2.2. We are not given a reasonable opportunity to examine the provision of the Services. 9.2.3. The problem arises because you failed to follow our instructions (written or oral). 9.2.4. You alter the Services without our written consent. 9.2.5. The problem arises because of misuse.

9.3. If we are in breach of the warranty, we will use all reasonable commercial efforts to promptly remedy the breach or provide a refund of the price of the Services at the pro-rata Contract price.

9.4. By accepting these terms, you acknowledge that you have not relied on any statement, promise, or representation made by or on our behalf that is not expressly set out on our website or confirmed in writing by us. This clause does not limit our liability for fraudulent misrepresentation.

10. Access to the Hosting Service

10.1. It is your responsibility to ensure you have the necessary arrangements in place for access to our Hosting Services.

10.2. You are also responsible for ensuring that all persons accessing our Services through your Internet connection are aware of these terms and conditions, particularly our Acceptable Use Policy.

11. Hosting Service Levels

11.1. We do not guarantee that access to our servers will be uninterrupted or error-free, but we will use reasonable endeavours to minimise downtime.

12. IP Addresses

12.1. You will have no right, title, or interest in any Internet Protocol address (IP address) allocated to you during or after the termination of the Services.

12.2. Any allocated IP address is part of the Hosting Service and is not portable or transferable by you.

12.3. If an IP address is re-numbered or re-allocated by us, we will use reasonable efforts to avoid disruption to you.

13. Back-up of Your Material and Our Servers

13.1. You are responsible for maintaining appropriate and up-to-date back-up copies of any data, information, or material you upload onto our servers. We provide free tools in our control panels for website and database backups. In the event of data loss or damage, you will not be given direct access to the server back-up we maintain.

13.2. We will follow our internal archiving procedures for the data stored on our servers.

13.3. We will not be responsible for any loss, destruction, alteration, or disclosure of your Material caused by you or any third party.

14. Hosting Service Usage Limitations

14.1. The Hosting Service package includes a per calendar month bandwidth allowance as set out on our website at the time of your order.

14.2. Your Hosting Service will be automatically suspended if this monthly bandwidth allowance is exceeded. You may then choose to upgrade your package or wait for the service to resume at the start of the following calendar month. You can monitor your bandwidth usage in our control panel.

14.3. Unless your package includes a Virtual Private Server, you are limited to using a maximum of 10% of our server’s processing capacity.

14.4. We may allow temporary excess CPU usage, but if your usage negatively impacts our other customers, we will contact you to discuss your hosting requirements. This is at our absolute discretion.

14.5. Your Hosting Service package includes a specific number of mailboxes as detailed on our website at the time of your order.

14.6. Any mailboxes that have not been accessed for 100 consecutive days will be automatically and permanently deleted from our system.

14.7. When using the Services, you must comply with our Terms of Website Use and our Acceptable Use Policy. These terms and conditions will take precedence in case of any conflict.

14.8. A breach of either the Website Terms of Use or the Acceptable Use Policy entitles us to terminate the provision of Services to you.

15. Support

15.1. Our support team will assist with resolving problems related to the Services you are receiving. We do not provide programming support, though our Hosting Services are compatible with many programming languages.

15.2. We do not provide telephone technical support. Support is exclusively provided via our online support ticket system or online chat.

16. Domain Names

16.1. If the Contract includes our Domain Service: 16.1.1. We will attempt to procure the registration of the domain name you request. 16.1.2. We are not liable if the relevant domain name registry refuses, suspends, or revokes any registration. 16.1.3. We do not act as your agent or on your behalf in dealings with the domain name registry. 16.1.4. The registration and ongoing use of your domain name is subject to the relevant domain name registry’s terms and conditions, which you should review. 16.1.5. You are responsible for knowing and complying with those terms. 16.1.6. Your domain name is successfully registered only when you appear as the registrant on the appropriate “whois” database. 16.1.7. We reserve the absolute discretion to require you to select a replacement domain name, and may suspend or terminate the Domain Service, if we reasonably believe your current choice is, may be, or is likely to be in bad faith, in breach of these terms, or violates any legal/regulatory requirement. 16.1.8. You confirm and warrant that you are the owner of any trademark (or have the owner’s authority) in any domain name you request to be registered.

16.2. You confirm and warrant that you are the legal owner of any domain name (or have the owner’s authority) supplied or authorised by you for use in connection with any website using our Hosting Service.

16.3. Once registered, a domain name requires periodic renewal. We will send you renewal notices 30 days and 7 days before the renewal date to the email address registered on your account.

16.4. You authorise us to automatically renew the domain name for you unless you have cancelled the Domain Service in accordance with these terms.

16.5. The renewal price will be as set out in the customer administration area and will be charged against a payment method registered against your account.

16.6. You acknowledge and agree that we may place locks on any domain registered with us, at the time of registration or any time thereafter, without further notice to you.

17. Intellectual Property Rights (IPR)

17.1. You retain all intellectual property rights in your material. You grant us a worldwide, non-exclusive, royalty-free licence to use, store, maintain your material on our servers, and publish it on the Internet solely for the purpose of providing the Hosting Service to you.

17.2. You warrant that your material does not infringe the IPR of any third party and that you have the authority to grant this licence to us. We may make necessary copies, including back-up copies, to perform our obligations.

17.3. You agree to defend, indemnify, and hold us harmless against all claims, actions, losses, damages, expenses, and costs (including legal fees) arising from or connected to your use of the Services or any claim that your material infringes the IPR of a third party.

17.4. If you download software from our website, we grant you a non-exclusive, non-transferable, royalty-free licence to use that software for the purpose stated on our website. This licence automatically terminates when we stop providing the Hosting Services.

17.5. Any third-party software you download from our website is licensed to you under the standard terms of the software owner, as notified to you at the time of download.

17.6. We retain all intellectual property rights in the Hosting Services (excluding your material) and our software. You must not decompile or disassemble the Hosting Services or our software.

17.7. We will defend you against any claim that the Hosting Services infringe any United Kingdom intellectual property rights of a third party and indemnify you for any amounts awarded against you, provided that: 17.7.1. You give us prompt notice of the claim. 17.7.2. You make no admissions or settlements without our prior written consent. 17.7.3. You provide reasonable co-operation in the defence and settlement of the claim, at your expense. 17.7.4. We are given sole authority to defend or settle the claim.

18. Our Liability

18.1. We do not monitor and will not have any liability for your material or any other communication transmitted via the Hosting Services.

18.2. Due to the public nature of the Internet, we are not liable for protecting the privacy of email or any other information transferred through the Internet or any network provider.

18.3. We give no guarantee or representation that the Hosting Services will be free from security incidents or unauthorised users.

18.4. All conditions, terms, representations, and warranties not explicitly set out in these terms are hereby expressly excluded.

18.5. We do not exclude or limit our liability for: 18.5.1. Death or personal injury caused by our negligence; 18.5.2. Liability under section 2(3) of the Consumer Protection Act 1987; 18.5.3. Fraud or fraudulent misrepresentation; 18.5.4. Any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

18.6. We will not be responsible for the following types of losses (whether direct, indirect, or consequential), regardless of whether they are caused by our negligence: 18.6.1. Loss of income or revenue. 18.6.2. Loss of business. 18.6.3. Loss of profits or contracts. 18.6.4. Loss of anticipated savings. 18.6.5. Loss of goodwill. 18.6.6. Loss of software or data. 18.6.7. Wasted expenditure (e.g., pay-per-click costs). 18.6.8. Wasted management or office time.

18.7. Subject to these terms, our maximum total liability under or in connection with the Contract (in contract, tort, or otherwise) shall not exceed 100% of the price you paid to us for the Services during the 12 months preceding the event giving rise to the liability.

18.8. You are strongly advised to acquire business interruption insurance or other appropriate insurance to protect you and your business in the event of interruption of the Services.

18.9. Where you purchase a product or service from a third-party seller linked from our website, the seller’s liability will be set out in their own terms and conditions, which you should consult.

19. Duration of the Services and Cancellation

19.1. The part of the Contract relating to the Domain Service begins when we send the Acceptance Confirmation. It continues until: 19.1.1. We have registered the Domain Name and you subsequently ask us not to renew the registration; or 19.1.2. We terminate the Domain Service by notice because the Domain Name is no longer available, you breach these terms, or for another reason preventing registration.

19.2. If we terminate the Domain Service under the clauses of this agreement, we will refund the price paid for the Domain Service to the payment method you used.

19.3. The part of the Contract for other Services (excluding Domain Service) begins when we send the Acceptance Confirmation. Unless terminated, these Services continue for the agreed Minimum Term. After the Minimum Term, they continue on a month-to-month basis until terminated: 19.3.1. By you (Consumer) via a clear statement through an online support ticket or support live chat. 19.3.2. By you (Business customer) via an online support ticket or support live chat. 19.3.3. By us giving you at least 30 days’ written notice sent to the email address registered against your account. 19.3.4. By exercising your Consumer right to cancel within the 14-day “cooling off period.” (Note: The cooling-off period only applies to Consumers, not Business Customers).

19.4. As part of our cancellation process, you must re-confirm your cancellation request via our support ticket or live chat system. Failure to re-confirm means we will continue the supply of the relevant Services, and your cancellation will be ineffective. You cannot cancel Services by letter, email, or telephone.

19.5. The monthly price for month-to-month Services will be charged monthly in advance to a registered payment method on the same date of the month as the Services originally commenced (“Payment Date”).

19.6. We will not provide a refund for a cancellation that occurs part-way through a billing period.

19.7. We may terminate the Contract at any time by giving you 30 days’ advance notice via email to the address registered against your account.

19.8. If we cancel the Services, we will refund you on a pro-rata basis for the unexpired Minimum Term.

19.9. If you breach an obligation of these terms, we may terminate the Contract with 7 days’ notice to you.

19.10. Expiry or termination of the Contract does not affect any rights and liabilities of either party accrued up to the date of expiry or termination.

20. Deletion of Your Data

20.1. If you cancel your Services, any data we hold or host in relation to the cancelled Services will be immediately and permanently deleted from our system.

20.2. You are strongly advised to make appropriate copies of such data before you cancel your Services.

21. Additional Terms

21.1. Additional terms and conditions may apply to our offers. If so, you will be notified of them at the relevant point.

22. Written Communications

22.1. Applicable laws require that some information or communications we send must be in writing. By using our website, you agree that communication with us will be mainly electronic (e-mail or website postings).

22.2. For contractual purposes, you agree to this electronic communication and acknowledge that all electronic communications (contracts, notices, information) comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

23. Notices

23.1. All formal notices given by you to us must be provided through our online support system.

23.2. We may give notice to you at the then-current email or postal address registered against your account.

24. Third-Party Rights and Transfer of Rights and Obligations

24.1. No third party intends that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999.

24.2. The Contract is binding on you and us, and on our respective successors and assigns.

24.3. You may not transfer, assign, charge, or otherwise dispose of the Contract or any of your rights or obligations without our prior written consent.

24.4. We may transfer, assign, charge, sub-contract, or otherwise dispose of the Contract or any of our rights or obligations at any time during the term of the Contract.

25. Events Outside Our Control (Force Majeure Event)

25.1. We will not be liable or responsible for any failure to perform, or delay in performance of, our obligations caused by events outside our reasonable control (“Force Majeure Event”).

25.2. A Force Majeure Event includes, but is not limited to: 25.2.1. Misuse, alteration, or interference by you or any third party of our servers or systems (including virus and hacker attacks). 25.2.2. Strikes, lock-outs, or other industrial action. 25.2.3. Civil commotion, riot, invasion, terrorist attack or threat, war, or preparation for war. 25.2.4. Fire, explosion, storm, flood, earthquake, epidemic, or other natural disaster. 25.2.5. Impossibility of using public or private telecommunications networks. 25.2.6. Acts, decrees, legislation, regulations, or restrictions of any government.

25.3. Our performance will be suspended for the duration of the Force Majeure Event. We will use reasonable endeavours to find a solution to perform our obligations despite the event.

26. Waiver

26.1. If we fail, at any time, to insist upon strict performance of your obligations or fail to exercise our rights, this does not constitute a waiver of such rights or remedies and does not relieve you from compliance.

26.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

26.3. No waiver of any of these terms is effective unless it is expressly stated to be a waiver and is communicated to you in writing.

27. Severability

27.1. If any of these terms or provisions of the Contract are found to be invalid, unlawful, or unenforceable by any competent authority, that term, condition, or provision will be severed from the rest, which will continue to be valid to the fullest extent permitted by law.

28. Entire Agreement

28.1. These terms and conditions, and any document expressly referred to, represent the entire agreement between us regarding the subject matter of any Contract and supersede any prior agreement, oral or written.

28.2. Both parties acknowledge that neither has relied on any prior representation or promise not expressly stated in these terms.

28.3. Neither party shall have a remedy for any untrue statement made prior to the Contract date (unless fraudulent), and the only remedy shall be for breach of contract as provided in these terms.

29. Changes to Our Terms and Conditions

29.1. We reserve the right to revise and amend these terms and conditions from time to time.

29.2. You will be subject to the terms and conditions in force at the time you order Services, unless a change is required by law or governmental authority (in which case it will apply to previously placed orders).

29.3. No variation of these terms is valid unless it is in writing and signed on our behalf.