1. Introduction
These Terms and Conditions (“Agreement”) govern your use of the web hosting and related services (“Services”) provided by BLAKELY (“we”, “us”, or “our”). By accessing or using our Services, you agree to comply with and be bound by this Agreement. If you do not agree to these terms, you may not use our Services.
2. Provision of Services
We will use commercially reasonable efforts to provide you with reliable and secure Services in accordance with this Agreement. However, we reserve the right to modify, suspend, or discontinue any part of the Services or specific features at any time, with or without notice.
You are solely responsible for the content, data, and activities conducted through your hosting account. You represent and warrant that you have all necessary rights and permissions to use, store, and transmit any content or data through our Services, and that your use does not infringe upon or violate the rights of any third party or applicable laws.
3. Acceptable Use Policy
You agree to use our Services in a lawful, responsible, and ethical manner. Specifically, you agree not to:
Violation of this policy may result in suspension or termination of your account without notice.
4. Data Protection, Privacy and Security Incidents
We are committed to protecting your data and privacy. We will take appropriate technical and organisational measures, proportionate to the nature of the Services provided, to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction, alteration, disclosure or access.
Where we process personal data on your behalf, you remain responsible for determining the lawful purpose and means of processing that data. We will process such personal data only as necessary to provide the Services, in accordance with your documented instructions and applicable data protection legislation, including the UK General Data Protection Regulation and the Data Protection Act 2018.
If we become aware of a confirmed personal data breach affecting personal data processed through the Services, we will notify you without undue delay and, in any event, within 48 hours of becoming aware of the breach. Where reasonably available, our notification will include details of the nature of the incident, the data that may have been affected, the likely consequences and any measures taken or proposed to contain, investigate or mitigate the incident.
You are responsible for assessing whether the incident must be reported to the Information Commissioner’s Office, affected individuals or any other relevant authority. We will provide reasonable assistance and information to support you in meeting your legal reporting obligations.
While we will maintain commercially reasonable security measures, no website, server, network or online service can be guaranteed to be completely secure. To the fullest extent permitted by law, we will not be liable for loss or damage resulting solely from unauthorised access by an independent third-party actor where we have complied with our obligations under this Agreement and applicable data protection legislation and have taken reasonable measures to protect the Services.
This limitation will not apply to the extent that the incident was caused or contributed to by our negligence, wilful misconduct, breach of this Agreement or failure to comply with applicable data protection legislation. Any liability arising from such an incident will otherwise be subject to the limitations set out in Section 9 of this Agreement.
For further information about how we collect, use and protect personal data, please refer to our Privacy Policy.
5. Payment and Billing
You agree to pay all fees and charges as outlined on our website or as detailed in any formal invoice provided at the start of service. Payments are due by the specified due date.
Failure to pay within 7 days of the due date may result in service suspension. A reconnection fee may apply. Suspended websites may be inaccessible and may take up to 24 hours to restore following full payment.
6. Termination and Suspension
You may terminate our Services at any time, provided:
We reserve the right to suspend or terminate your Services at our discretion, including for any breach of this Agreement.
Upon termination, all data associated with your account will be deleted unless required by law to retain it. If your account is suspended for non-payment, data will be retained for a 28-day cooling-off period. If no payment is received within this period, all data will be permanently deleted.
7. Dispute Resolution
Any disputes related to this Agreement will be handled in accordance with our Disputes, Resolutions, and Mediations Policy. This Agreement is governed by the laws of England and Wales, without regard to conflict of law provisions.
8. Disclaimer of Warranties
Our Services are provided “as is” without warranties of any kind, express or implied. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be error-free, secure, or uninterrupted.
9. Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from or related to your use of the Services, even if we have been advised of the possibility of such damages.
Our total liability to you for any claims arising under this Agreement shall not exceed the amount you paid to us for the Services during the three months immediately preceding the event that gave rise to the claim.
10. Changes to Terms
We may update or modify this Agreement from time to time. Any changes will take effect immediately upon being posted on our website. We will make reasonable efforts to notify you of significant changes, but it is your responsibility to review these Terms periodically. Your continued use of the Services after any changes have been posted constitutes your acceptance of the revised Terms.
11. Force Majeure
We shall not be held liable for any delay or failure to perform our obligations under this Agreement due to circumstances beyond our reasonable control. These include, but are not limited to, acts of God, natural disasters, war, terrorism, riots, government action, labour disputes, power outages, internet service disruptions, or failures of third-party service providers.
In such cases, we will make reasonable efforts to resume Services as soon as practicable, but we shall not be considered in breach of this Agreement due to such events.
