Terms & Conditions
1. Our Terms
1.1 What these terms cover.
These are the terms and conditions on which we supply our services.
1.2 Why you should read them.
Please read these terms carefully before you launch any services using our website or API. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Are you a business customer or a consumer?
In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you.
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are.
We are Bit Breakfast Ltd registered in England and Wales, trading as Servd Hosting. Our company registration number is 10741781 and our registered office is at First Floor, Telecom House 125-135 Preston Road, Brighton, East Sussex, BN1 6AF.
2.2 How to contact us.
You can contact us by email at [email protected] or via live chat on our website.
2.3 How we may contact you.
If we need to contact you we'll do so in by writing to you at the email you provide to us during registration or via live chat.
2.4 "Writing" includes emails.
When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order.
Our acceptance of your order will take place when you purchase a service through your account. At which point a contract will come into existence between you and us. This contract will renew automatically along with any successful subscription renewal payments.
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this and will refund any payments which may already have taken place. This might for instance and without limitation be because of unexpected limits on our resources which we could not reasonably plan for or due to a quota limit on your account or because we have identified an error in the price or description of the services or because we are unable to provide the service due to a technical fault.
3.3 How we define a service.
For the purposes of these terms, a service includes any digital, virtual or physical item purchased/hired through our website including subscriptions.
3.4 The service we provide.
We will use reasonable skill, care and diligence in providing our services to you. We will provide our services in accordance with our service level agreement which can be found here:
3.4.1 Website Hosting.
Website hosting services will provide you with the ability to deploy your website’s code and data to a managed infrastructure and be able to access and execute that code remotely. This service will be provided as a combination of, but not limited to, network access and configuration, hosting of code and data, automated backups of data, deployment mechanisms, and tooling allowing you to make changes to the configuration of these components.
4. Your rights to make changes
4.1 If you wish to make a change to the service you have ordered this can be completed by logging into your account and making the change directly there. You acknowledge that in the event that you delete your project, all of your data software and service configuration will be immediately deleted and you agree that we shall have no liability to you in respect of any such deletion in such circumstances.
5. Our rights to make changes
5.1 Minor changes to the services.
We may change the services:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes may affect your use of the services, you will be notified if we expect that it is likely that there will be an adverse impact
5.2 More significant changes to the services and these terms.
In addition, we may make changes to these terms or the services from time to time, but if we do so we will use reasonable endeavours to notify you in advance and you may then contact us to end the contract before the changes take effect.
6. Providing the services
6.1 When we will provide the services.
For ongoing services, we will supply the services to you until either the services are completed or until any applicable subscription period ends, or until either of us terminates the agreement as permitted in accordance with these terms.
6.2 We are not responsible for delays outside our control.
If our supply of the services is delayed for a period of 5 or more consecutive days by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract.
6.3 Reasons we may suspend the supply of services to you.
We may have to suspend the supply of a service to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the services which we have agreed to make on your behalf.
6.4 Your rights if we suspend the supply of services.
We will contact you in advance to tell you we will be suspending supply of the service, unless the problem is urgent or an emergency. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than five (5) days and we will refund you for any subscription period in respect of which you have paid in advance which has not been completed at the date of termination.
6.5 We may also suspend supply of the services if we cannot take payment.
If we are unable to take payment for a subscription renewal your account will enter a grace period of 3 days within which your services and data will remain active. We will inform you via email if this occurs. If we are unable to take payment within the grace period the subscription will not be renewed, our contract will end and any ongoing services, including data, software and configuration of services in your account will be terminated. Upon termination all of your data, software and service configuration will be deleted and you acknowledge and agree that we shall have no liability to you in respect of any such deletion in such circumstances.
6.6 We may also suspend the supply of services if you breach our policies.
6.7 Your obligations.
You agree that your use of the services is for a lawful purpose. You warrant to us that you will not use our services:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- In a way which will have a detrimental impact on our business, our capability of providing services to other third parties or users or the use of the services to any other third parties. As a specific example, mining/generating cryptocurrencies or running blockchain-based applications is unacceptable.
- In a way that may breach any third party intellectual property rights.
- To run an open web proxy or open mail relay.
7. Your rights to end the contract
7.1 You can end your contract with us at the end of any subscription period for any reason.
You will always be able to stop subscriptions from renewing by updating your preferences within your account/project settings. Any subscription periods which have already been paid for will remain active until the end of the subscription period.
7.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (1) to (5) below the contract will end immediately and you will can request a pro-rated refund for any amount paid for a subscription period which has not been wholly used. The reasons are:
- we have told you about an upcoming change to the services or these terms which you do not agree to;
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the services may be significantly delayed because of events outside our control;
- we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than three (3) days; or
- you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013).
If you are a consumer then you have 14 days after the day we email you to confirm we accept your order to change your mind. We will commence the provision of the services within this period when you begin using them. If we do commence the services prior to the completion of this 14 day period you may still cancel the service within this 14 day period but if you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
8. How to end the contract with us
8.1 Tell us you do not want a subscription to renew.
You can prevent a subscription from renewing by:
- cancelling the subscription within your account/project settings on our website;
- sending an email to [email protected] detailing your name and your request. Be sure to include the name of the project that you would like to update.
8.2 How we will refund you.
If you are entitled to a refund under these terms we will refund you the pro-rated amount specified within these terms via the method you used for payment.
8.3 When we may make deduction from refunds if you are a consumer exercising your right to change your mind.
If you are exercising your legal right to change your mind, we will deduct from any refund which we make to you, an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full cost of the contract.
8.4 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
9. Our rights to end the contract
9.1 We may end the contract if you break it.
We may end the contract for services at any time by writing to you if you:
9.1.1 do not make a payment in full and cleared funds or on time including any payment to renew a subscription which has entered its grace period;
9.1.2 do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services; or
9.1.3 have breached these terms and conditions and/or our policies.
9.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 9.1, you acknowledge and agree that is reasonable for us to charge you compensation for the costs we will incur as a result of you breaking the contract and your account will not be eligible for any pro-rated refund for time remaining within any subscription period.
10. If there is a problem with the services
10.1 Our Service Level Agreement to you.
We agree to provide the services to you in accordance with our SLA unless this is superseded by another bespoke agreement upon which both parties have agreed. In the event that there is an unplanned service outage which does not result from a force majeure event or a set of circumstances outside of our control, we will look to get the service back up and running as soon as reasonably practicable and we will be liable to you for any applicable service credits set out in the SLA.
10.2 How to tell us about problems.
If you have any questions or complaints about the services, please contact us.
11. Price and payment
11.1 Where to find the price for a service.
The price of the services (excluding VAT) is on the pricing page and is displayed immediately before any new subscription is created. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the service you order.
11.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes, we will adjust the rate of VAT that you pay at the time of invoicing.
11.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. Where the services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the services’ correct price at your order date is higher than the price stated to you, we will contact you and you can decide whether or not you wish to purchase the services at the increased price. If you accept we will subsequently charge the difference for the current subscription period. If you decline we will refund you the amount you have paid pro-rated by the amount of time unused in the current subscription period.
11.4 When you must pay and how you must pay.
We accept payment with VISA, MasterCard and American Express as indicated on our site. Payments are taken up-front at the beginning of each new subscription period. Invoices will be issued at the time of payment and only for payments which have been confirmed as accepted by the payment gateway.
11.5 Automated payments.
We will automatically try to take payment for the renewal of any subscriptions which have not been cancelled.
11.6 Our right of set-off if you are a business customer.
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
11.7 We can charge interest if you pay late.
We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.7 What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date. Any confirmed over-charges will be refunded as soon as possible.
12. Our responsibility for loss or damage suffered by you if you are a consumer
12.1 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. 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.
12.2 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 services.
12.3 We are not liable for business losses. If you are a consumer we only supply the services to you for domestic and private use. If you use the services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 13.
13. Our responsibility for loss or damage suffered by you if you are a business
13.1 Nothing in these terms shall limit or exclude our liability for:
13.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
13.1.2 fraud or fraudulent misrepresentation;
13.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2 All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
13.3 Subject to clause 13.1:
13.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, revenue, goodwill, loss of and/or corruption of data whether direct or otherwise; and
13.3.2 any indirect or consequential loss arising under or in connection with any contract between us; and
13.3.3 our total aggregate liability to you for all other losses arising under or in connection with any contract between us and whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
You agree that you are solely responsible for the preservation of your data which you save onto our servers or other data storage services (database, CDN, etc), including where you have purchased back up services. To the extent permitted by applicable law, you acknowledge and agree that we shall have no liability whatsoever in respect of or in connection with any lost and/or corrupted data howsoever caused.
14. How we may use your personal information
14.1 How we will use your personal information.
14.2 Breach of third party rights or law.
We will (where possible) notify you of any takedown notices, or legal requests for your information. However, if your servers are found to be engaged in any of the following, we will proactively share your information with law enforcement agencies:
- C&C nodes, botnets
- DDoS attacks
- Net abuse of any kind.
14.3 You assume responsibility for all repercussions your domains, websites and content have "out there" in the world. You agree to defend, indemnify and hold harmless us, our affiliates and related companies and each of our and their representative employers, officer, directors, agent, contractors, directors, suppliers and representatives from all liabilities, claims and expenses including reasonable professional and legal fees, that arise from or relate to your use or misuse of, or access to, the services, breach of these terms, infringement of any intellectual property or other right of any person or entity. We reserve the right to assume exclusive control of any matter to which we are named in and seek indemnification from you. You agree to assist and co-operate with us in asserting any available defences.
15 Other important terms
15.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 (thirty) days of us telling you about it and we will refund you any payments you have made in advance or services which have not been provided at the termination date.
15.2 You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you are in breach of our Acceptable Use Policy but we do not immediately enforce it we can still enforce it at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer.
These terms are governed by English law and you can bring legal proceedings in respect of the products or services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business.
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.