Terms and Conditions

ProStack Terms and Conditions


Interpretation

In these Terms and Conditions, “ProStack” and “we” mean a division of SharpStack Hosting Ltd, 25 Town Square Stevenage Hertfordshire SG1 1BP, Company Number 10076269″.

“Customer” and “you” mean the party named in the order form.

References to the masculine or feminine gender shall include the neuter and vice versa.


Domain Registration terms of service

Users and customers of Services provided by ProStack must accept the terms and conditions of business set out below.

We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should not assume registration of your requested domain name(s) until you have been notified that it has been registered.

The registration and use of your domain name are subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG and Nominet in the case of domain names ending with .UK you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our website and shall be due and payable in advance of our service provision.


Terms of service- General

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services.

If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this Agreement forthwith.

If you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith.

On termination of this Agreement or suspension of the Services, we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.


Refund Policy

If you are unhappy with any aspect of our service, please contact our support department who will attempt to rectify the situation. If the problem cannot be fixed and you are unhappy with the service you are entitled to a refund within 14 days. There are no refunds past the 14 day period.

Refunds are not available for .COM, .NET, .ORG or any other domain names, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by ProStack through other companies. Refunds will be issued at the sole discretion of ProStack Setup fees are non-refundable.

No refunds will be made if we terminate your hosting or other services due to violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.

Credit on your account cannot be refunded and must be used for purchases and renewals.

Accounts purchased under a promotion, with or without a promo code, are excluded from the 14 day money back guarantee.


Service Level Agreement Conditions.

ProStack guarantees uptime per calendar month of the following:

For shared hosting and associated services: 99.9%

For managed servers, including Windows managed servers: 100%

If your service drops below these levels of uptime in any given month you are welcome to request a service credit by contacting the support team. Service credits are calculated on a pro-rata basis and issued at the sole discretion of ProStack. You must request an SLA credit within 14 days of a service issue.

The SLA conditions do not include:



Any planned maintenance work notified in advance.




Downtime relating to third-party networks and systems beyond the control of ProStack.




Downtime arising from a client’s own negligence or misconfiguration.




Downtime as a result of a client’s misuse of the service.



Delivery of Services

Immediately upon successful payment you will receive an automated receipt from our systems. Please print and retain a copy of this and retain in a safe place for future reference.

Your registered customer email address will be on this receipt and should be used for any enquires to ProStack.

Please note that we aim to deliver all goods as soon as signup is complete. If we will be unable to adhere to this you will be informed via email or telephone or both. Payment will be deducted when services are delivered.

All orders are delivered electronically via email. If you have any questions about your order please contact us at [email protected]


Web Hosting

These Terms of Service and Acceptable Use Policies (“Terms and Policies”) are an essential part of your relationship with ProStack. By using your ProStack account, you agree to all of the Terms and Policies set out in this document.


General Terms and Policies

The Service is provided to authorised persons or organisations (referred to in this document as “Subscriber” or “you”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and you may not thereafter use or attempt to use the Service.

Coverage – If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents, and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.

Prices and Charges – ProStack provides the use of cPanel and domain control panels to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you.

Payments – Prostack currently accepts payments via credit card, debit card, paypal, bank transfer or direct debit. Prostack accepts the following card types : Visa, Mastercard, American Express.

You can add a credit or debit card to your Prostack client area to be used for recurring billing. Prostack use Stripe to process card payments online. By adding your card to your client area, you are authorising Prostack to process automated and on-off manual payments in order to settle open invoices on your account. You can view your entire billing history, including paid, unpaid and overdue invoices in your client area.

When opting to pay via direct debit, the completion of a direct debit mandate is provided via an unpaid invoice. Regular payments scheduled via direct debit will have a collection date of 1 day before the due date.

Payments made by bank transfer or direct debit are not applied to open invoices until cleared funds have been received in our bank account.

Prostack uses GoCardless to process direct debit payments, and any correspondence you receive regarding direct debit may include a reference to this name alongside the ProStack name.

Please ensure funds are available in the bank account for collection 3 days prior to invoice due dates to prevent any delays.

Once payments have been received and applied against open invoices, billing contacts will receive a payment receipt via email.

Term – ProStack hosting services are available on a monthly rolling basis with payments required in advance of the subscription period. Invoices are issued 14 days prior to the payment due date. Quarterly, 6 monthly or annual advance payments are available by request to your account manager.

Backups – ProStack carries out one full backup per day. Backup sets are encrypted and sent securely to an offsite location where they retained for 7 days. Backups are supplied as for our use in the event of a failure for disaster recovery. Customers may also request data restores via support ticket in your customer portal (https://www.ProStack.co.uk/portal/clientarea.php). The backup service provided by ProStack should not be considered as the only source for backups of customer assets. Clients are strongly encouraged to maintain their own backups as part of an effective business continuity plan. Backups supplied are not guaranteed, and ProStack are not liable for consequential loss due to loss of backup data.

Support – Technical support is available 24 hours a day and 365 days per year. If you need to contact support, the recommended channel for contact is by creating a support ticket via your customer portal (https://www.ProStack.co.uk/portal/clientarea.php), or by sending an email to [email protected].

You can also speak to technical support engineers via the livechat service which can be found in the bottom right of the main ProStack website www.ProStack.co.uk. We aim to respond to all support queries in 15 minutes but at peak times may take up to an hour, however, the majority of support issues are resolved within 1 hour of the issue being submitted to our team. Support is also available via telephone between the hours of 9am and 6pm UK time.

Support is generally limited to enquiries and assistance regarding your hosting account and the features and functionality that we provide. Whilst we can (and often do) go above and beyond this remit, we cannot provide assistance with matters of site design or development. ProStack cannot make changes to your site. For clients who have reseller accounts, we do not provide support to your end-users.

Any use of licenses obtained from distributors other than ProStack or cPanel directly may invalidate cPanel support and prevent ProStack from fully supporting the server.

For work that falls outside the remit detailed above we reserve the right to charge a professional services fee. Any work undertaken that is subject to this fee will be discussed and agreed in advance with you. The current rate for standard professional services is £80 + VAT per hour (billed in 15-minute increments). Out of hours/emergency professional services is £160 + vat per hour, billed in 15-minute increments (“Out of hours” is deemed to be any emergency support or professional services work exceeding our defined scope that is required outside standard business hours (9am-5pm UK time)).

Migration – Prostack offer a free and fully managed migration service. Prostack’s expert engineers are available to assist with planning, testing and execution of a migration project to move hosting services from other providers.

Prostack’s free migration service is offered to new customers and existing customers who purchase a new hosting service with Prostack. The scope of any migration project is to be predetermined and agreed prior to work commencing.

Customers may utilise Prostack’s migration services as much or as little as needed on any given project.

In order to use Prostack’s migration services, customers must provide full access to the source server(s) with the incumbent hosting provider.

Access details must consist of either

Full “root” level SSH access
cPanel control panel access
Plesk control panel access

If no access to any of the above services can be supplied, Prostack may still be able to assist with migration work on a “best efforts” basis. Without any of the above access, migration work is a manual process, and Prostack reserve the right to charge a professional services fee for such migrations depending on the complexity.

Migration work carried out during UK office hours (9am to 5:30pm), such as website replication, configuration modification, functionality testing and performance tuning, is provided free of charge.

Scheduled Migrations – Migration work that is required outside of office hours such as a data refresh/resync and DNS changes, must be scheduled and agreed in advance with our migrations team. For scheduled migration work that involves changes to production services (e.g. updating DNS to repoint a website from the old web host to Prostack), recommended best practice is for this to take place between a Monday and Thursday. Scheduled migration work support is offered free of charge.

Unscheduled or Emergency Migrations – Prostack may be unable to assist with supporting migration work requested outside of office hours if it has not been scheduled in advance with the Prostack migrations team. In cases like these, Prostack may offer “best efforts” support to assist, but in some cases, immediate assistance may be unavailable.
Professional services fees (see the Support section above for costs) will apply for any unscheduled migration work completed.


Grounds for Suspension and Termination

You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for ProStack to suspend or terminate your account. You agree that ProStack has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:



Using the Service in a way, which constitutes a violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)




Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean-up fee of £80 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.




Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.




Using the Service in such a way as to forge or misrepresent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location. This includes the hosting of Proxy Server applications.




Uploading, linking to or storing warez, cracks, or other pirated software.




Assisting in or directly distributing copyrighted material.




Excessively using the Service in such a way as to limit the bandwidth available to others.




Providing fake or incomplete contact details, including name, postal address, and telephone number.




Using the Service for unauthorised relays through any third-party systems.




Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.




Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account and deny any future business.




Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.




Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s).




Attempting to cancel, supersede, or otherwise interfere with email other than your own.




Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.




Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.




Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.




No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, ProStack may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.




Security – You agree not to access or attempt to access private areas of the Service. You agree to notify ProStack as soon as you become aware of unauthorized use of your account and/or any breach or attempted breach of security on the Service.




Intellectual Property – ProStack does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to [email protected].




Continuing a specific identification of the allegedly infringing material and the location(s) on ProStack facilities where the materials are to be found. Upon receipt of such written notice, ProStack will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If ProStack receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, ProStack will send you a copy of that notification. Unless you notify ProStack of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or otherwise made accessible again.




Liability – You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by ProStack, neither ProStack nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. ProStack neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that ProStack is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on ProStack equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless ProStack and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages, or expenses arising out of your postings.




You agree that, should you use the Service to send or receive voice communications, ProStack is not acting as a telecommunications carrier or telephone, that there is no representation made by ProStack as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that ProStack has no liability of any sort for the failure or lack of quality of such use of the Service.




You agree to be liable for any damages or loss of service which results in damages to ProStack as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shutdowns, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that ProStack may pursue any such claims against you in Court.




You agree that in no event will ProStack have financial liability to you.




Warranty – ProStack MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD ProStack ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY ProStack OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.




THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY ProStack ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; ProStack DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. ProStack DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.



Content

You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. ProStack has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.

Privacy

ProStack will not provide names, addresses, telephone numbers, email addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the Service. ProStack may provide aggregate data on Subscribers to third parties in the operation of ProStack business.

Disputes

You agree that any dispute between you and ProStack arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and ProStack will be submitted by the aggrieved party for binding arbitration under the auspices of the English law.

Governing Law

These Terms and Policies are governed in all respects under English laws.

Cancellation Procedure

Cancellation requests must be submitted through the client area. To do this, click the icon next to the package you wish to cancel then press ‘Request Cancellation’. You must then complete and submit the form.

Choosing an immediate cancellation means your service will be terminated with 24 hours of submitting the form.

It is your responsibility to ensure any PayPal subscriptions you have setup are canceled.

No other forms of cancellation are accepted.

Cancellations must be submitted before the invoice for that billing cycle is due. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices.


Complaints Procedure

Customer satisfaction is the single most important part of our service, and we strive to make sure all our customers benefit from the highest standard of hosting possible, and have prompt and high quality engagements with our team when needed.

We always like to hear feedback from our customers, positive and negative, but if, for any reason you’ve had an experience that does not live up to the standards we set, we want to hear from you.

If you’ve been unable to resolve any issues with the support team, or your account manager, then you are able to submit a formal complaint by emailing [email protected]. Your complaint will go directly to a company manager, who will acknowledge receipt of your complaint. A full review and investigation will then be started, with a full report provided once complete.

If you’re not an existing customer of Prostack, but have a complaint relating to, but not limited to, activity on our network, copyright infringement, or domain ownership disputes, then you may contact us via email at [email protected]. Your complaint will be handled promptly by our abuse team.


Discount Vouchers

Only one voucher can be used per transaction.

If the order value is lower than the value of the voucher, the remaining amount is lost.

Discount vouchers are restricted to one per customer.

Vouchers can be redeemed against the purchase of any Shared, Reseller or Dedicated service.


Amendments

These Terms and Policies may be amended in any respect at any time by ProStack upon the posting of the amended Terms and Policies on the terms of use section of the Service. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of the Service to ProStack.