Legal / 01
Terms of Service
Draft. This document has not yet been reviewed by a solicitor and is not in force. Highlighted items are details SCB Network still has to confirm.
These terms set out the agreement between you and SCB Network Ltd when you buy or use our hosting, VDS, domain, SSL certificate and related services. Please read them before you place an order.
01About us
SCB Network Ltd ("SCB Network", "we", "us") is a company registered in England and Wales under company number 16060725, with its registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom. You can reach us at [email protected] or through a support ticket in the client area.
We are registered with the Information Commissioner's Office as a relevant digital service provider under the Network and Information Systems Regulations 2018 (reference NIS00652).
02Words we use
- "You" means the person or organisation that holds the account. If you order for a business, you confirm you are authorised to bind it.
- "Consumer" means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.
- "Services" means everything we provide under your account: shared, WordPress and reseller hosting, virtual servers (VPS/VDS), domain names, SSL certificates, migrations, support and the client area.
- "Customer Content" means the websites, files, email, databases and other data you or your users store on or send through the Services.
- "Billing Period" means the period you choose when ordering (for example monthly or annually) for which a Service is paid in advance.
03Your account
You must be at least 18 years old and give us accurate, complete details, and keep them up to date. You are responsible for everything that happens under your account, so keep your password safe and turn on two-factor authentication. Tell us straight away if you think someone else has access to your account.
We may ask you to verify your identity or payment method, and we may refuse an order or close an account where we reasonably suspect fraud, misuse or false information.
04Orders and the contract
Placing an order is an offer to buy. The contract starts when we accept the order, which we do by setting up the Service or sending you a confirmation email. Each Service runs for its Billing Period and renews automatically for the same period until you or we cancel it as set out below.
Prices are shown in pounds sterling (GBP) in the client area at the time of ordering. SCB Network Ltd is not registered for VAT, so no VAT is added to our prices: the price you see is the price you pay. If we register for VAT in future, we will tell you at least 30 days before any VAT is added to your renewals.
05The Services
We will provide the Services with reasonable care and skill. The resources, features and limits of each plan are those described on the order page when you buy. Our target availability and the credits we give when we miss it are set out in our Service Level Agreement.
Virtual servers
On a VPS or VDS you have administrative access and you are responsible for the operating system, software, updates, firewalls and security of everything you install, unless you have bought a managed service from us.
Domain names
We register domain names through an accredited registrar acting for us. Registrations are subject to the rules of the relevant registry (for example Nominet for .uk and ICANN for generic domains), which you agree to when you register a domain. A domain is registered only once the registry confirms it, and it is registered in the name of the registrant you give us. You must keep the registrant details accurate; the registry may suspend a domain with false details. Renewing on time is your responsibility; we send reminders before expiry, but a domain that is not renewed may be lost.
SSL certificates
Certificates are issued by third-party certificate authorities (such as DigiCert, Sectigo and GeoTrust) after their validation checks. By ordering one you also accept that authority's subscriber agreement. We cannot guarantee the authority will issue a certificate or how long validation takes.
Migrations
Where we migrate a website or mailbox for you, we work from a copy of your data and do not change your old provider's account. You remain responsible for keeping your own copy until you have checked the migrated data.
06Fees, invoices and payment
- Services are paid in advance for each Billing Period. We issue renewal invoices 10 days before the due date.
- You can pay by card (processed by Stripe; we never see or store your full card number), by bank transfer, or with credit on your account.
- Unpaid Services may be suspended 5 days after the due date. Suspended Services are restored once the invoice is paid. If an invoice stays unpaid we may cancel the Service and delete its data 30 days after the due date.
- We may change our prices. Price changes apply from your next renewal, and we will tell you at least 30 days before it.
- Domain and certificate prices depend on registry and authority fees and may change when those fees change.
07Cancelling a Service
You can cancel any Service from the client area, either at the end of the current Billing Period or immediately. Unless our Refund Policy says otherwise, fees already paid are not refunded when you cancel. Domain names cannot be cancelled once registered; they simply expire unless renewed.
If you are a consumer, you have a legal right to cancel within 14 days of the contract starting. Our Refund Policy explains how this works for services that have already started and for domains and certificates.
08Suspension and termination by us
We may suspend or end a Service, with notice where reasonably possible, if:
- you break these terms or the Acceptable Use Policy;
- your use puts the security, stability or reputation of our network or other customers at risk;
- you do not pay an invoice on time; or
- we are required to by law, a court, a registry or a public authority.
We may also stop offering a Service altogether by giving you at least 30 days' notice, in which case we will refund any fees paid for the period after it ends.
09Your content and backups
You keep all rights in your Customer Content. You give us only the rights we need to host, copy, transmit and back it up in order to provide the Services. You are responsible for your Customer Content and for having the right to use it.
Keep your own backups. Where a plan includes backups we take them as a courtesy to help recovery, but we do not guarantee they will be complete or available. You should keep independent copies of anything you cannot afford to lose.
When a Service ends we delete its data. Please download anything you need before cancelling.
10Data protection
How we use your own personal data is explained in our Privacy Policy.
Customer Content may include personal data about other people (for example your website visitors or mailbox users). For that data you are the controller and we are your processor. We will:
- process it only to provide the Services and on your documented instructions, which are these terms and your use of the Services;
- make sure our staff who can access it are bound by confidentiality;
- keep appropriate technical and organisational security measures in place;
- use sub-processors only under written terms that protect the data to the same standard, and tell you about changes to them;
- help you, where reasonable, to respond to requests from individuals and to meet your security, breach-notification and impact-assessment obligations;
- tell you without undue delay after becoming aware of a personal data breach affecting your Customer Content;
- delete the data when the Service ends, unless the law requires us to keep it; and
- give you the information reasonably needed to show compliance with Article 28 of the UK GDPR.
Our servers are located in [data centre location]. Where Customer Content is held outside the UK, we rely on the safeguards described in the Privacy Policy.
11Our software and intellectual property
We write much of the software behind the Services ourselves. All rights in our software, client area, documentation and brand stay with us or our licensors. You may use them only as part of the Services, and you may not copy, resell (except under a reseller plan), reverse engineer or build a competing service from them, except where the law allows.
12Our liability
Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be limited by law.
If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill. You have legal rights in relation to services that are not provided with reasonable care and skill; nothing in these terms affects those rights. We are not liable for business losses: the Services are provided for domestic and private use only to consumers.
If you are a business:
- we are not liable for loss of profit, revenue, business, goodwill or anticipated savings, for loss or corruption of data, or for any indirect or consequential loss;
- our total liability arising from or in connection with these terms in any 12-month period is limited to the fees you paid us for the affected Service in that period; and
- service credits under the Service Level Agreement are your sole remedy for unavailability of the Services.
13Claims caused by your content
If you are a business, you will compensate us for reasonable losses, costs and expenses (including legal fees) arising from a third-party claim that your Customer Content or your use of the Services breaks the law or infringes someone's rights.
14Events outside our control
We are not responsible for delays or failures caused by events outside our reasonable control, such as large-scale network attacks, failures of upstream networks, power or utility suppliers, registries or certificate authorities, natural disasters, war, or government action. We will tell you as soon as we can and take reasonable steps to limit the effect.
15Changes to these terms
We may update these terms to reflect changes in the law, our Services or how we run our business. We will give you at least 30 days' notice by email of any change that materially affects you. If you do not agree, you can cancel the affected Service before the change takes effect and, if you are a consumer, receive a refund for any prepaid period after that date.
16General
- Notices. We send notices to the email address on your account. You can send notices to [email protected] or by support ticket.
- Transfer. We may transfer our rights under these terms to another organisation; we will tell you and your rights will not be reduced. You may transfer your account only with our written agreement.
- Severability. If a court finds part of these terms unenforceable, the rest stays in force.
- No waiver. If we delay enforcing these terms, we can still enforce them later.
- Third parties. No one other than you and us has any right to enforce these terms.
- Entire agreement. These terms, together with the policies they link to and your order details, are the whole agreement between us.
17Law and disputes
These terms are governed by the law of England and Wales. If you are a business, the courts of England and Wales have exclusive jurisdiction. If you are a consumer, you can bring proceedings in the courts of England and Wales, or, if you live in Scotland or Northern Ireland, in the courts of the part of the UK where you live. Please contact us first: most problems can be solved quickly through a support ticket.
Questions about this document?
Email [email protected] or open a ticket in the client area.