This is Our

Privacy Policy

Below you can read uBeDesigns Privacy Policy.

Privacy Policy

Cookies

The Website uses cookies. Cookies are small text files which identify your computer to our server as a unique user when you visit certain pages on the Website and they are stored by your Internet browser on your computer’s hard drive. Cookies can be used to recognise your Internet Protocol address, saving you time while you are on the Website.

We only use cookies for your convenience in using the Website and not for obtaining or using any other information about you (for example targeted advertising). Your browser can be set to not accept cookies, but this would restrict your use of the Website.

If you want to find out more information about cookies, go to all about cookies or to find out about removing them from your browser, go to all about cookies on your computer.

Please note that we collect data from the Website about the use of the Website using a web analysis tool that uses cookies that are (able to be) used to generate pseudonyms for a user’s profile. This means that use cookies (which may be stored on your computer after you leave the Website) can store information about your visit.

Please also note that our suppliers and partners may also use cookies, over which we have no control.

Here are the Cookies used by our Client Area

  • Session cookies – these expire when you close your browser and do not remain on your computer.
  • Persistent cookies – these are stored long term on your computer for a period specified in the code.

Below is an explanation of all the cookies created by the WHMCS client area, which type they are, and what purpose each serves.

  • PHPSESSID – Probably the most common cookie that most PHP based websites will use. This is used to store the unique session ID for each visitor and enables variables to be remembered and passed between page loads. This is a session only cookie so expires as soon as the browser is closed.
  • WHMCSAffiliateID – This cookie gets set when a customer is referred to you via an affiliate. It simply stores the ID of the affiliate that referred them, so that if an order is placed within the next 90 days following the referral, the affiliate gets credited for it. It is a persistent cookie.
  • WHMCSLinkID – This cookie gets set only if you use the link tracking feature of WHMCS (Utilities > Link Tracking). It remembers the link the visitor followed to first get to your website and is then used when an order is placed to be able to associate the conversion with a link to be able to provide stats on the effectiveness of your links. It is a persistent cookie.
  • WHMCSUID/WHMCSPW – These 2 cookies are used for the remember me functionality of the client area. They only get set should a client choose to have their details remembered so they don’t have to re-login every time they visit your website. They are persistent and last for 365 days, or until logout.
  • _GID and _GA – These Cookies are part of Google Analytics
  • sc_is_visitor_unique – This cookie is used by Statcounter.com which allows us to see how many hits we have on our site and also how they got to our site and what area and country they have come from
  • ocn_accepted – This cookie is to show that you have accepted our cookie policy

Where we store your personal data
All information you provide to us is stored on our secure servers. We use industry standard security and firewalls on our servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping that password confidential. We ask you not to share a password with anyone.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Terms and Conditions

PARTIES

1 uBeHosted Ltd incorporated and registered in England and Scotland with company number 11000953 whose registered office is at
International House, 12 Constance Street, London, E16 2DQ (“Us” or “We” or “Our“);

2 The individual or organisation applying for the provision of the Goods or Services (“You“).

BACKGROUND

(A) We are in the business of providing voice over internet protocol services, web hosting solutions, and wish these terms and conditions to apply to Our provision of Goods and/or Services.
(B) These terms and conditions together with the Customer Order Form embody the whole agreement between the parties (the “Conditions“).

Table of Contents

  1. 1. Interpretation
  2. 2. Changes to the Conditions
  3. 3. Terms for Consumers
  4. 4. Security
  5. 5. Services
  6. 6. Your obligations
  7. 7. Restrictions
  8. 8. Data
  9. 9. Personal Data
  10. 10. Limitation of liability
  11. 11. Indemnity
  12. 12. Payment
  13. 13. Termination
  14. 14. Confidentiality
  15. 15. Notices
  16. 16. General
  17. 17. Choice of law
  18. 18. Refund policy
  19. 19. Force majeure

Agreed terms

1 Interpretation

1.1 The definitions and rules of interpretation in this clause apply in these Conditions:
1.1.1 “Acceptable Use Policy” means Our guidelines for acceptable use made available on our Acceptable use Policy tab above which may be amended from time to time;
1.1.2 “Commencement Date” means the date on which a Customer Order Form is submitted by You to Us via our Website;
1.1.3 “Customer Order Form” means the order form on Our Website completed by You for the supply of Goods and/or Services;
1.1.4 “Data” includes information, documents, text, software, music, sound, photographs, messages, and other material of any kind in any form;
1.1.5 “Goods” means the goods described on the Website and which We agree to sell to You as requested by You in the Customer Order Form;
1.1.6 “Internet” means the global data network comprising interconnected networks to which We are connected and provide access to You via the Services;
1.1.7 “Personal Data” means Data about any identified or identifiable living person;
1.1.8 “Registry” means either Nominet UK Limited, CentralNIC Limited or Tucows Inc, or any other domain names registry that We choose to use from time to time;
1.1.9 “Regulations” means the Consumer Protection (Distance Selling) Regulations 2000 (as amended);
1.1.10 “Services” means the services described on the Website and which We agree to provide to You as requested by You in the Customer Order Form; and
1.1.11 “Website” means Our web presence at https://ubehosted.co.uk and other locations We advertise from time to time.
1.2 We explain in the headings what each clause covers. These headings are for guidance only and are not intended to be legally binding.
1.3 These Conditions take precedence if inconsistent with the material on Our Website.

2 Changes to the Conditions

2.1 We reserve the right on giving prior notice on the Website to alter these Conditions at any time (including altering Our Acceptable Use Policy and other policies).
2.2 We will give You at least forty-five (45) days notice of such alteration which shall take effect at the end of the forty-five (45) day period.
2.3 Where We have given You notice of an alteration to the Conditions which may have a material adverse effect on You, You shall be entitled to terminate these Conditions by giving Us no less than thirty (30) days prior notice in writing to that effect provided that the thirty (30) day notice period given by You must have expired before the modification to the Conditions has taken effect.
2.4 Any renewal of the Services will, in any event, be subject to Our then current Conditions.

3 Terms for Consumers

3.1 This clause 3 applies only if You are a “Consumer“, which for the purposes of these Conditions shall mean any natural person who is acting for purposes that are outside his or her trade, profession or business.
3.2 For the purposes of this clause 3 and the Regulations:
3.2.1 We are “the Supplier“;
3.2.2 the address of the Supplier shall be the correspondence address as set out in clause 3.6 below;
3.2.3 prices on the Website are updated periodically and cannot be guaranteed for any period of time and every effort is made to ensure prices are correct at the point at which the Consumer places an order;
3.2.4 any complaints should be sent in writing to the Supplier’s correspondence address; and
3.2.5 the Supplier will provide the Consumer with a written confirmation (by post or by email) of order following the purchase of Goods or Services.
3.3 A Consumer will, subject to any exceptions or exclusions set out in the Regulations, be entitled to cancel these Conditions by serving a written notice of cancellation on Us at any time during the following periods:
3.3.1 In the case of Goods, within seven working days after the day on which the Consumer receives the Goods, and in accordance with clause 20 (Refund and RMA policy); or
3.3.2 In the case of Services, within seven working days after the date the Commencement Date, being the date the Consumer enters into a contract with the Supplier, and in accordance with clause 20 (Refund and RMA policy).
3.4 In the event of cancellation by the Consumer, Goods should be returned to the Supplier’s correspondence address. The Consumer will be liable for the costs of returning such Goods or the costs of the Supplier in recovering such Goods unless the Consumer has a right to reject the Goods under a term of these Conditions or under the statutory right (including any right under the Unfair Terms in Consumer Contract Regulations).
3.5 The Services will commence immediately after the Commencement Date.
3.6 You can contact us by post at uBeHosted Ltd, International House, 12 Constance Street, London, E16 2DQ
or via our contact form located here (This is the best option)

4 Security

4.1 You must:
4.1.1 keep Your username and password secure (We will not disclose Your username and password to any third parties, but may change your password at any time for good reason);
4.1.2 if requested use Your username and password when giving instructions (and We are authorised to comply with instructions containing Your username and password);
4.1.3 take reasonable steps in respect of matters in Your control to minimize any risk of security breaches in connection with the Services and take responsibility for all users of the Services using your username and password;
4.1.4 notify Us of any unauthorised access to Your account which You believe may affect the overall security of Our systems; and
4.1.5 comply with Our security checks.

5 Services

5.1 We will supply the Services with reasonable skill and care.
5.2 However, We do not warrant or represent:
5.2.1 that the Services will be uninterrupted, secure or error-free; or
5.2.2 that any Data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all.
5.3 We do not provide a back-up of Your Data or guarantee the integrity of Your Data, however, We will use Our reasonable endeavours to provide copies of Data for disaster recovery purposes.
5.4 We may have to suspend the Services:
5.4.1 for repair, maintenance or improvement;
5.4.2 to comply with a request or order from a governmental or administrative authority or emergency service;
5.4.3 in the event of problems with the broadband network either at Your premises or in the public Internet Protocol environment;
5.4.4 if We have a reasonable belief that suspension is necessary to prevent fraud or unauthorised access taking place; or
5.4.5 if You fail to pay any outstanding fees within 14 days of the due date If so, We will restore the Services as quickly as is reasonably possible, other than in the case of failure by You to pay any outstanding fees.
5.5 By purchasing our Services You confirm that You understand that Our Services:
5.5.1 may sometimes be unavailable as a result of things over which We have no control, for example, the weather, power disruptions, or failures of your internet service provider (ISP) or broadband connection and you understand that in such circumstances all services will be unavailable.

6 Your obligations

6.1 You must comply with Our reasonable instructions and requests concerning the Services.
6.2 You must provide Us with up to date contact details of one or two named representatives with whom We are authorised to deal (including email addresses) and promptly notify Us of any changes. We rely on this information for various reasons including the transmission of renewal notices and other important information concerning the Services.
6.3 You must comply with Our Acceptable Use Policy (Which is on the Tab Above) and bring it to the attention of Your authorised users.
6.4 You are responsible for all persons who use Your username and password to access the Services, whether authorised or not unless acting on Our behalf.
6.5 There is a risk that Data generated, stored, transmitted or used via or in connection with the Services may be irretrievably damaged or lost if there is a fault or on suspension or termination.
6.6 You shall be responsible for arranging the internet connection required by the Services. Our Services are dependent on your connection to the data network and the data network itself. Our Services may, therefore, cease to function if there is a power failure or a failure in the underlying data network.
6.7 If the Services are to be used principally at a single, fixed location, You must register with Us the address of the place where the service will be used.

7 Restrictions

7.1 You must refrain from transferring any illegal material or engage in unlawful activities via Your use of the Services.
7.2 You must refrain from sending menacing, offensive, defamatory, obscene, indecent or abusive messages or telephone calls whilst using the Services.
7.3 You must not use or permit the usage of the Services in a manner that is inconsistent with any and all applicable laws and regulations.
7.4 You must not make available or upload Data via Your use of the Services that contain a virus, worm, trojan or other malicious Data or download any disabling or harmful devices.
7.5 You must not use the Services to send bulk unsolicited commercial emails or telephone calls.
7.6 You warrant that Your use of the Services will not infringe any third party intellectual property or other rights.
7.7 You must not embark on any course of action, whether by use of Your website, telephone or any other means, which may cause a disproportionate level of activity (for example, causing mail bombs, denial of service attacks or encouraging large numbers of inbound phone calls) without providing Us at least seven day’s prior notice in writing. If You give notice or We otherwise become aware of such disproportionate use We may:
7.7.1 move Your service to a dedicated service and charge Our then current rate as detailed on Our Website; or
7.7.2 terminate some or all of the Services forthwith.

8 Data

8.1 We may access, copy, preserve, disclose, remove, suspend or delete any Data:
8.1.1 if We are required to do so by applicable law or competent authority;
8.1.2 for the purposes of registration of domain names with a Registry;
8.1.3 if it is otherwise permitted under these Conditions; or
8.1.4 if such Data is prohibited under these Conditions.

9 Personal Data

9.1 We will process Your Personal Data only in compliance with Our privacy policy, which is available at Acceptable use Policy (on the Tab above)
9.2 You consent to such processing and confirm that You have shown Our privacy policy to, and obtained similar consent from, any third party individuals whose Personal Data You have supplied to Us and will continue to do so in the future.

10 Limitation of liability

10.1 Nothing in these Conditions in any way excludes or restricts Our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be restricted. Nor does it affect consumers’ statutory rights.
10.2 Our liability in contract, tort (including negligence) or otherwise in connection with the Services provided under these Conditions for any one event or a series of events is limited to the price of the Services, or 125% of the payment We received from You for the Services in the 12 months before the event(s) complained of.
10.3 In no event (including Our own negligence), and even if We have been advised of the possibility of such losses, will We be liable for any:
10.3.1 economic loss (including, without limitation, loss of revenue, profit, contract, business or anticipated savings);
10.3.2 loss of goodwill or reputation;
10.3.3 special, indirect or consequential loss; or
10.3.4 damage to or loss of Data.
10.4 We have no liability for goods or services provided by third parties.
10.5 To the extent allowed by law, We exclude all conditions, terms, representations and warranties, whether imposed by statute or by law or otherwise, that are not expressly stated in these Conditions including, without limit, the implied warranties of satisfactory quality and fitness for a particular purpose. Consumers’ statutory rights are unaffected.

11 Indemnity

You will indemnify Us against all claims, damages, liabilities, costs (including reasonable legal fees) directly or indirectly related to use of the Services and/or Goods in breach of clause 4 or clause 7 of these Conditions.

12 Payment

12.1 You must pay the fees (together with VAT and any applicable taxes) specified on Our Customer Order Form when You order or renew any Services.
12.2 Payment for services may be made:
12.2.1 by credit card or debit card using PayPal or Stripe or Bank Transfer; and
12.2.2 in advance or, if We agree to credit terms, within 14 days of Our invoice.
12.3 Payment for the Services may be made:
12.3.1 monthly or annually, by Paypal, credit card or debit card;
12.3.2 annually by PayPal, credit card or debit card; or
12.3.3 in advance or, if We agree to credit terms, within 14 days of Our invoice.
12.4 Payment must be made without deduction or set-off.
12.5 All fees are non-refundable unless otherwise stated.
12.6 All fees remain payable where We suspend the Services in accordance with these Conditions.
12.7 We may impose a credit limit on Your account and/or require a deposit as security for paying bills.
12.8 In addition to any other rights under these Conditions We may charge You interest on any overdue fees from the date payment is due until the fees are paid in full at a rate of 10% over the prevailing monthly Bank of England base lending rate.
12.9 If a Payment collection fails and We have a credit card or debit card on file, then payment will be collected using that credit card or debit card.

13 Termination

13.1 All Services paid for either annually, semi-annually, quarterly, or monthly will be subject to initial contract period, commencing on the Commencement Date, and unless You are a Consumer as defined in clause 3, shall continue thereafter on a rolling basis unless and until terminated in accordance with clause 14.2 and/or 14.3.
13.2 Subject to clause 14.1, either party may terminate these Conditions (as regards some or all of the Services) at any time for any reason by giving a written notice.
13.3 We may terminate these Conditions (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice:
13.3.1 if You breach any the terms and obligations under these Conditions and, if remediable, having received from us a written notice stating the intention to terminate these conditions if not remedied, fail to remedy the breach within 14 days;
13.3.2 if You are subject to a resolution for winding up or a petition for bankruptcy or liquidation or there is a proposal or You enter into any arrangement or composition with Your or for Your creditors or a receiver or liquidator or trustee in bankruptcy is appointed over You or any of Your assets or any similar circumstances;
13.3.3 if We are required to do so by a competent or regulatory authority;
13.3.4 If any supplier to us of the relevant Services, or a component of the relevant Services from, terminate our contract with that supplier;
13.3.5 You fail to pay any fees due under these Conditions after receiving fourteen (14) days written notice from Us; or
13.3.6 a regulatory approval required by Us to provide the Services and/or Goods is revoked or amended and not replaced by an equivalent approval.
13.4 On termination of this agreement or suspension of Services for any reason:
13.4.1 We will immediately stop supplying, and will terminate access to, the relevant Services and shall not be liable for any further supply of the Services. This may involve irretrievable damage to or loss of Data generated, stored, transmitted or used via or in connection with the Services and/or We may destroy any such Data;
13.4.2 all licences granted by Us to You will terminate;
13.4.3 any fees due remain payable and, if already paid, will be non-refundable unless You have cancelled these Conditions in accordance with clause 3.1;
13.4.4 Your accrued rights and liabilities will be unaffected; and
13.4.5 clause 15 (Confidentiality) of these Conditions shall continue in force.

14 Confidentiality

14.1 Both parties agree not to disclose any Confidential Data received from the other party for any purpose apart from the proper performance of these Conditions unless ordered to do so by law. If Confidential Data if disclosed or transferred to third parties for the purpose of proper performance of these Conditions such disclosure or transfer shall be subject to legally compliant onward transfer agreements. “Confidential Data” means Data identified as, or which clearly is, confidential.
14.2 This clause does not apply to Data which:
14.2.1 enters the public domain other than through breach of this clause;
14.2.2 is or becomes independently known to the receiving party free from any confidentiality restriction;
14.2.3 is required to be disclosed by applicable law or competent authority;
14.2.4 is reasonably disclosed to employees, suppliers or others for the proper performance of these Conditions;
14.2.5 is reasonably disclosed to professional advisers; or
14.2.6 We are otherwise permitted to disclose in accordance with these Conditions.
14.3 You agree to promptly provide Us (free of charge) with any information We may reasonably require to enable Us to activate and provide the Services and/or Goods.

15 Notices

15.1 You should send any notices under these Conditions to the correspondence address, fax or email address given at the top of these Conditions.
15.2 We shall send any notices in accordance with the most recent contact information which You have provided to Us.
15.3 Notices may be sent by hand, recorded delivery, fax or email and shall be deemed to be received:
15.3.1 by hand, when delivered provided handed to a senior employee;
15.3.2 recorded delivery, five days after posting;
15.3.3 fax, when the sender receives an error-free transmission report; or
15.3.4 email, on the day, sent unless the contrary is proved.
15.4 Refunds will be given within the 30 days of your purchase date on products listed here, Personal Web hosting and Business Web Hosting and Reseller Packages, All other cloud services are on a 1-month rolling contract

16 General

16.1 These Conditions represent the entire agreement of the parties relating to its subject matter. These Conditions supersede all prior agreements and representations (unless fraudulent). No party shall have any right of action (except in the case of fraud) against any other party to this Agreement arising out of or in connection with any Pre-contractual Statement except to the extent that such Pre-contractual Statement is repeated in these Conditions. The parties agree that, to the fullest extent permitted by law (save in the case of fraud), any rights or remedies available under the Misrepresentation Act 1967 shall be excluded. We are not bound by, nor should You rely on, any oral representations or representations by any agent or employee of any third party You may use to apply for the Services.
16.2 If any part of these Conditions is deemed void for any reason, the offending words shall be deemed deleted and the remainder shall continue in full force.
16.3 You may not assign these Conditions or subcontractor resell any of the Services without Our prior written consent. We may assign, subcontract or otherwise deal with all or any of Our rights and obligations arising under these Conditions.
16.4 We shall not be liable for failure to perform or delay in performing any obligation under these Conditions if the failure or delay is caused by any circumstances beyond Our reasonable control, including but not limited to failure of any communications, telecommunications or computer system.
16.5 No firm, person or company which is not a party to these Conditions shall have any right to enforce any provision of these Conditions.
16.6 The failure to exercise or delay in exercising a right or remedy under these Conditions shall not constitute a waiver of the right or remedy.
16.7 Nothing in these Conditions shall be construed as creating a partnership or joint venture of any kind between the parties.

17 Choice of law

17.1 These terms will be governed by English Law and subject to the exclusive jurisdiction of the courts of England.
17.2 If any dispute arises in connection with these Conditions, the parties will attempt to settle it by mediation in accordance with the Communications and Internet Services Adjudication Scheme (CISAS) (“ADR Scheme”). You can approach the ADR Scheme once You have exhausted the complaints procedure set out in Our Code of Practice. Alternatively, You can approach the ADR Scheme if Your complaint has been ongoing for over 8 weeks. We will abide by any decision made under the ADR Scheme. You are not bound by any decision made under the ADR Scheme and participation in the ADR Scheme by You will not prevent You commencing court proceedings.

18 Refund policy

If you have changed Your mind about any Services ordered, and You wish to cancel them, You can do so provided You inform Us of Your decision in accordance with clause 15.4 (Notices).

19 Force majeure

Neither party will be obliged to carry out any obligation under these Conditions where performance of such obligation is prevented due to any cause beyond the first party’s reasonable control including but not limited to any act of God, severe weather, failure or shortage of power supplies, flood, lightning or fire, labour shortage or labour dispute, the act or omission of Government, highways authorities, other telecommunications operators or administrations or other competent authority, or a similar type of force majeure event.

Acceptable use Policy

Words defined in our Standard Terms and Conditions shall have the same meaning in this acceptable use policy.

Prohibited uses

You may use our site or the services we provide only for lawful purposes. You may not use our site or 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;
• To send, knowingly receive, upload, download, use or re-use any material which: • is defamatory of any person;
• is obscene, offensive, hateful or inflammatory;
• promotes sexually explicit material;
• promotes violence;
• promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringes any copyright, database right, trademark or another intellectual property right of any other person;
• is likely to deceive any person;
• is made in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence;
• promotes any illegal activity;
• is threatening, abusive or invades another’s privacy, or causes annoyance, inconvenience or needless anxiety;
• is likely to harass, upset, embarrass, alarm or annoy any other person;
• advertises for sale substances that are legal in law but are known to be abused;
• is used to impersonate any person, or to misrepresent your identity or affiliation with any person, or gives the impression that it emanates from us if this is not the case.

You also agree not to access without authority, interfere with, damage or disrupt:

• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

You may not register for an account with us or sign up or use our services for the purposes of testing or vetting security measures in any way or format without our express written consent to do so.

Resource usage

The purpose of the web hosting space provided is for use with web hosting and all files uploaded or stored must comply with this requirement and be visible and accessible to end users visiting the website or domain.

Web Hosting and WordPress Hosting plans are designed to host most personal, small business and organization websites, and so we offer unlimited bandwidth and some plans offer unlimited disk space and websites. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the operation of your website, provided it complies with this acceptable usage policy and our terms and conditions of service.

Web Hosting and WordPress hosting plans, to include plans classed as unlimited shall be subject to the following limits:

Hosting plans which are advertised and/or sold as WordPress Hosting plans are provided on systems specifically optimised for WordPress hosting and so may only be used to host a WordPress site. Should the hosting plan be found to host or contain a non-WordPress website and/or content a warning may be issued and you will be required to remove the non-WordPress content or you may be required to change to an appropriate hosting plan should this continue.

In the event the bandwidth, number of websites or disk space usage is reached you may be required to upgrade to a larger hosting package

Website Content

The web hosting space will not be used as a file storage method for purposes other than serving content for your website and in any event, may not contain the following content;

• Warez’ content or content commonly known to be pirated or illegal copies of software or other works;
• MP3’s or other audio formats of copyrighted music;
• Movie downloads in any format whether complete or in part;
• Pornographic material;
• Any content that is illegal under UK or European law;
• Image hosting scripts that allow an anonymous user to upload an image for display on another website;
• Banner advertising services for display on other websites or devices (commercial banner advertisement rotation);
• File dump/mirror scripts that allow anonymous users to upload a file for others to download;
• Commercial audio streaming (more than one or two streams);
• Push button mail scripts that allow the end user to specify recipient email addresses;
• Anonymous or bulk SMS gateways;
• Backups of content from a computer or website;
• Bittorrent trackers
• Any script that causes a degradation in the performance of our server or network environment;

We reserve the right to serve notice to suspend service, suspend service, or remove any files which do not comply with these rules

Standard email services supplied with shared hosting and email only hosting packages.

Our hosting packages, also encompassing our email only hosting plans, are provided with email services and facilities. The maximum permissible emails that can be sent out in any single hour is 300 from a domain. We do not provide catch all mailboxes as these are commonly spam magnets. all emails from deleted items will be deleted at 15 days age, Sent Items at 30 days age, inbox 365 days and spam folder 7 days. however, these default settings can be changed. Each email sent must have 40 or less recipients. The total email allowance per domain name is 1024mb. this means all mailbox’s together must not exceed 1024mb, however, we can increase this to 2048mb if proven more space is needed, this is on a per domain basis. Whilst our standard email services as supplied with our shared and reseller hosting plan are typically of high quality and features we do not warrant them in any way.

Note – these limits and policies do not apply to our Microsoft Exchange hosting service. Customers requiring higher limits and policies or a business class email service should purchase our Microsoft Exchange hosting service.

Mass Mailing

Mass mailing is not allowed on uBeHosted hosting packages. Anyone who sends mass mail and is found to have caused problems affecting uBeHosted mail servers or IP reputation will be subject to a fine and have their domain and service suspended.

Any user who by their action or inaction and who’s services are found to be sending spam emails will be levied a fine of £90.00 to cover uBeHosted time in performing any clean-up action required to our mail servers. Any user who by their action or inaction and who’s service causes IP blacklistings may be given a fine of up to £200.00. Any user who by their action or inaction and who’s services result in complaints from other companies, for example spamcop, aol, yahoo etc. may be given a fine of not less than £90.00 to cover administration fee’s for uBeHosted time.

Databases

Any customer who’s database service usage results in excessively high server resource utilisation to the detriment of service or to our other customers will have their database suspended pending remedial action. The onus is on the customer to monitor database space usage and take action to ensure they do not exceed their database limits. We expect that any databases will be in use with a website and will be maintained. There should be no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any service found to exceed storage limits may result in the suspension of services.

Where this occurs we will unsuspend services on request providing that remedial action is taken by the customer to return the services back within limits. Should such action not be taken as required and a further suspension be made an administration fee of £35.00 may be levied for our time. Where overuse occurs we reserve the right to charge for space used over and above allowances in order to prevent future suspensions or to charge for future unsuspensions at the rate of £35.00 per instance.

Proxy Services

Proxy services are often used to hide the originating users true IP address or location. Unfortunately this presents us with a number of issues relating to our obligations relating to security, finance and taxation and so accessing our services via proxy services is expressly prohibited. Where we find proxy services have been used to sign up for an account or to otherwise disguise the location of the account holder we reserve the right to terminate any accounts and services used in this manner without notice.

Personal Conduct

We will always do our best to be respectful and in our dealings with you, by email or by phone, treat you in the manner in which we ourselves would expect to be treated. We fully expect that our customers will treat us the same way.

That can be a challenge sometimes for both parties as we recognise that things can sometimes get frustrating. Computers do have errors (often caused by humans) and humans also make mistakes from time to time. Whether those computers or humans are either yours or ours, we expect that both parties will remain calm and deal with any issues that occur professionally.

On rare occasions, a customer will become threatening or abusive. This can manifest itself in the use of all capitals in email (considered in general internet terms as shouting) or the use of abusive language. On the phone, this includes shouting and abusive language.

On such occasions, we reserve the right not to answer the email or to hang up. We don’t need any abuse (the job can be challenging enough) and simply won’t tolerate it. If a customer feels the need, do as we do – leave your desk and go for a walk. Breath. Talk to somebody and vent if you need to – just not at us.

Suspension and termination

We will determine, in our sole discretion, whether you have breached this acceptable use policy. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of our Standard Terms and Conditions and, in addition to our rights contained therein, may result in our taking all or any of the following additional actions:

• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against you;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Complaints procedure

If you have a complaint then there are ways in which you can address them.

Your first port of call is an email to support@ubehosted.uk with full details of your complaint. You should make sure you provide as much detail as possible including a timeline of events if applicable, the details of any of our team that you have dealt with, any relevant trouble ticket numbers and the time and date of any phone calls. In short, as much information as you can to help us conduct a thorough review of your complaint.

The complaint will be received and reviewed by a manager who will consider all of the information available and who may contact you to ask further questions if appropriate.

We will do everything we can to deal with any complaint raised and if we can find a way to resolve any issue to your satisfaction we will.

Sometimes things just don’t work out.

Although we try our best, and although we know both ourselves and our customers have the best intentions at heart, things might get to a point where they are not working out for either party.

It may be that you just cannot understand our systems or processes or perhaps you can’t understand how to use things. It may be that we, try as we might, cannot satisfy your requirements.

Just as you can leave or choose not to renew your services with us without giving a reason we may decide that in everyone’s best interest and to avoid further anguish we will not renew your service with us.

Of course, we really hope and will try our best to ensure that things don’t get to that stage, however, if they do, we’ll be sure to give you at least a months notice to give you a chance to make alternative arrangements.

Changes to our acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you and form part of your contract with us. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

Privacy Policy

This Privacy and Cookies Policy (together with our Terms and Conditions and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read this Privacy and Cookies Policy carefully to understand our views and practices regarding your personal data and how we will treat it.

We will only use your personal data in the manner set out in this Privacy and Cookies Policy. We will only use your personal data in a way that is fair to you. We will only collect personal data where it is necessary for us to do so and where it is relevant to our dealings with you. We will only keep your personal data for as long as it is relevant to the purpose for which it was collected or for as long as we are required to keep it by law.

For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is uBeHosted Ltd, a sole trading entity in England and Wales.

Changes to the privacy notice and your duty to inform us of changes

This version was last updated on 19th May 2018

The data protection law in the UK will change on 25th May 2018.

Although this privacy notice sets out most of your rights under the new laws, we may not yet be able to respond to some of your requests (for example, a request for the transfer of your personal data) until May 2018 as we are still working towards getting our systems ready for some of these changes.

It is important that the personal data we hold about you is accurate and current.

Please keep us informed if your personal data changes during your relationship with us.

Information we collect from you

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our website, products and services.

This includes information provided at the time of registering to use the Website.
Information that you provide by filling in forms on the Website. This includes information provided at the time of subscribing to our services or requesting further services. We may also ask you for information when you report a problem with the Website or any other service.
If you contact us, we may keep a record of that correspondence.
You should only submit to us or the Website information which is accurate and not misleading. You should keep that information up-to-date and let us know if any of that information changes by emailing us at support@ubehosted.uk. By submitting your or anyone else’s data to us or the Website, you must ensure that you have full authority and consent to supply us with that data on their behalf and you warrant to us that you have that authority.

We also collect, use Aggregated Data such as statistical or demographic data for any purpose.

Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity.

For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.

However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services).

In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

Third-party links

This website may include links to third-party websites, plug-ins and applications.

Clicking on those links or enabling those connections may allow third parties to collect or share data about you.

We do not control these third-party websites and are not responsible for their privacy statements.

When you leave our website, we encourage you to read the privacy notice of every website you visit

How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise.This includes personal data you provide when you:
    • apply for our products or services;
    • create an account on our website;
    • subscribe to our service or publications;
    • request marketing to be sent to you;
    • enter a competition, promotion or survey; or
    • give us some feedback.
  • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
  • We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  • Technical Data from the following parties:
    (a) analytics providers;
    (b) affiliate network providers;
    (c) advertising networks; and
    (d) search information providers.
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
  • Identity and Contact Data from data brokers or aggregators.
  • Identity and Contact Data from publicly available sources.

IP addresses
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users’ browsing actions and patterns and does not identify any individual.

Cookies
The Website uses cookies. Cookies are small text files which identify your computer to our server as a unique user when you visit certain pages on the Website and they are stored by your Internet browser on your computer’s hard drive. Cookies can be used to recognise your Internet Protocol address, saving you time while you are on the Website.

We only use cookies for your convenience in using the Website and not for obtaining or using any other information about you (for example targeted advertising). Your browser can be set to not accept cookies, but this would restrict your use of the Website.

If you want to find out more information about cookies, go to https://www.allaboutcookies.org or to find out about removing them from your browser, go to https://www.allaboutcookies.org/manage-cookies/index.html.

Please note that we collect data from the Website about the use of the Website using a web analysis tool which uses cookies that are (able to be) used to generate pseudonyms for a user’s profile. This means that use cookies (which may be stored on your computer after you leave the Website) can store information about your visit.

Please also note that our suppliers and partners may also use cookies, over which we have no control.

Here are the Cookies used by our Client Area

  • Session cookies – these expire when you close your browser and do not remain on your computer.
  • Persistent cookies – these are stored long term on your computer for a period specified in the code.

Below is an explanation of all the cookies created by the WHMCS client area, which type they are, and what purpose each serves.

  • PHPSESSID – Probably the most common cookie that most PHP based websites will use. This is used to store the unique session ID for each visitor and enables variables to be remembered and passed between page loads. This is a session only cookie so expires as soon as the browser is closed.
  • WHMCSAffiliateID – This cookie gets set when a customer is referred to you via an affiliate. It simply stores the ID of the affiliate that referred them, so that if an order is placed within the next 90 days following the referral, the affiliate gets credited for it. It is a persistent cookie.
  • WHMCSLinkID – This cookie gets set only if you use the link tracking feature of WHMCS (Utilities > Link Tracking). It remembers the link the visitor followed to first get to your website and is then used when an order is placed to be able to associate the conversion with a link to be able to provide stats on the effectiveness of your links. It is a persistent cookie.
  • WHMCSUID/WHMCSPW – These 2 cookies are used for the remember me functionality of the client area. They only get set should a client choose to have their details remembered so they don’t have to re-login every time they visit your website. They are persistent and last for 365 days, or until logout.

Where we store your personal data
All information you provide to us is stored on our secure servers. We use industry standard security and firewalls on our servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping that password confidential. We ask you not to share a password with anyone.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

How we use your personal data

We will only use your personal data when the law allows us to.

Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other than to respond to an enquiry you make to us via our website whereby making the enquiry you consent to us using any personal data provided for the purposes of dealing with and responding to that enquiry, or in relation to sending third-party direct marketing communications to you via email or text message.

You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We only collect your personal data to be able to perform a contract with you and provide you with a service that you have purchased through us, or when leaving feedback or raising a support ticket, there is no other reason for uBeHosted Ltd to collect any data from you unless it’s for one of these services.

If you require any further information you can contact us.

Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes:

  • External Third Parties
  • Microsoft – Office 365, Hosted Exchange
  • Acronis – For Server Backups and Cloud File Sync
  • ResellerClub – For registering Domain Names

We require all third parties to respect the security of your personal data and to treat it in accordance with the law.

We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know.

They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data retention
How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law, we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for [six] years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see [Request erasure] below for further information.

In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

External Third Parties

  • Service providers acting as processors who provide IT and system administration services.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
  • External third parties who provide electronic / computing services, as listed below:
NameType of serviceData Processed
GoogleCloud based documentation software & storageOccasional instances of customer name and email address on internally-shared documents
StripePayment ProcessorCustomer name, address and card information for the purpose of payment processing.
PayPalPayment ProcessorCustomer name, address and card information for the purpose of payment processing.
Hotjar LtdVisitor Session Recording ServiceCustomer content of live chat discussion.
ResellerClubDomain Name & SSL ServicesCustomer name, address and email address.
NominetDomain Name ServicesCustomer name, address and email address.
StatCounterCloud Based Data Analytic ToolVery occasional instances of client data in the course of carrying out statistics analysis
YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

No fee

You will not have to pay a fee to access your personal data (or to exercise any of the other rights).

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

THIRD PARTIES

Security
When you make any payment to us through the Website, you must make that payment to us using PayPal or Stripe. We do not collect any payment information from you. When submitting your payment information to PayPal or Stripe, please note that PayPal and Stripe each have their own privacy policies and that we do not accept any responsibility or liability for those privacy policies. Please check those privacy policies before you submit any personal data to PayPal.

Your card details are not stored on our own servers, but remotely with our payment gateway for your security. Recurring use of cards is permitted using ‘tokenisation’.

We do not store credit card details nor do we share customer financial details with any 3rd parties.

Uses made of the information
We use information held about you in the following ways:

To ensure that content from the Website is presented in the most effective manner for you and for your computer.
To provide you with billing information in relation to the services that we may provide to you.
To manage the Website, detect fraud or Website abuses, send you information relevant to the Website and in case we have any queries.
To carry out our obligations arising from any contracts entered into between you and us.
To notify you about changes to our services.
To allow you to register for an account on the Website, which may include sending an email to you to confirm your details.
To give you a new password if you have forgotten it.
We also need to use your contact details and other information for any aspect of the Website (including, without limitation, providing customer support, preventing or investigating prohibited activity, enforcing the Terms of Use and verifying information).

We may transfer our databases containing your personal information if we sell our business or part of it to an actual or potential purchaser.

We may also disclose your details as described elsewhere in this Privacy and Cookies Policy.

Other than as set out in this Privacy and Cookies Policy, we shall NOT sell or disclose your personal data to third parties without obtaining your prior consent unless this is necessary for the purposes set out in this Privacy and Cookies Policy or unless we are required to do so by law.

Other websites
The Website may, from time to time, contain links to and from the websites of our partner networks and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Consent
By submitting data to us and using the Website, you consent to our use of your data and of anyone you represent in the manner set out in this Privacy and Cookies Policy (as amended from time to time, as described below) and you are responsible for ensuring that you have authority to consent on behalf of anyone about whom you submit data to us.

Please note that you can revoke any consent you have given us under this policy at any time by contacting us on support@ubehosted.uk and referencing this Privacy and Cookies Policy in the email subject line, using the body of the email to say what consent you are revoking.

Changes to our Privacy and Cookies Policy
Any changes we may make to this Privacy and Cookies Policy in the future will be posted on the Website and, where appropriate, notified to you by e-mail. Each time you enter the Website, you agree that the Privacy and Cookies Policy current at that time shall apply to all information held by you.

Contact
Questions, comments and requests regarding this Privacy and Cookies Policy are welcomed and should be addressed to support@ubehosted.uk.

Contacting us

If you are a registered customer and have access to our Client Area (https://client.ubehosted.uk) then the fastest way to get in touch is by logging in and browsing to ‘Open Ticket’ – from here, you will be able to open a ticket to the department most suitable for your enquiry.

If you would like to contact us but do not have access to the client area (either because you are not yet a customer, or because you are locked out for any reason) you can contact us via the link below…

Contact us Area

Emails will be responded to within 24 hours.