1. INFORMATION ABOUT US
1.1. www.blackowl.co.uk is a site operated by Black Owl Technologies Ltd (“we”, “us”, and “our”). We are registered in England and Wales under company number 13769382 and have our registered office at Office 7, The Forest Rock Offices, Leicester Road, Whitwick, Leicestershire, England, LE67 5GQ. Please note that by placing an order for the Services, you consent to us sending you our regular newsletter by email. This forms our primary method of communicating with you and will inform you of any changes to our services, billing, planned maintenance, and account access information.
1.2. Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between us both.
2. YOUR STATUS
2.1. By placing an order through our website, you warrant that:
2.1.1. you are legally capable of entering into binding contracts.
2.1.2. you are at least 18 years old.
2.1.3. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.
3. THE ORDER PROCESS
3.1. Information that you provide while registering an account with us must be complete and accurate. By creating an account, you agree that we may block access to the account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your username and password private at all times and not allow anyone else to use it. You must contact us should you believe that your username or password has become known to someone else.
3.2. Before you submit an order, you will be given a summary by email, including details of the Services you wish to order and the price payable. There will be an option to amend/correct any errors before proceeding to the completion of the order.
3.3. Once an order has been placed, we will provide you with confirmation of the Services you have ordered. This confirmation will be sent to the email address registered to your account. Copies of previous invoices will be made available on request.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1. After placing an order, you will receive an email from us accepting your order and, if appropriate, letting you know that the Service you have purchased has been activated (“Acceptance Confirmation”). Your order constitutes an offer to us to buy our Services, and all orders are subject to our acceptance.
4.2. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.
4.3. The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed.
5. OUR STATUS
5.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.
5.2. Any disclaimer does not affect your statutory rights against the third-party seller.
6. CONSUMER RIGHTS
6.1. For consumers purchasing outside of a business context, the Consumer Contract Regulations 2013 typically permits contract cancellation within 14 working days from the day following receipt of the Acceptance Confirmation.
6.2. By ordering our Services, you consent to the commencement of the Services prior to the expiration of the seven working day cancellation period referenced above. Consequently, your cancellation rights under the Consumer Contract Regulations 2013 will not apply.
6.3. This clause does not compromise your other statutory rights.
7. PRICE AND PAYMENT
7.1. Service prices are as listed on our website or in your formal estimate or quote.
7.2. The complete cost of your Service order will be transparently displayed before finalising your order.
7.3. We may adjust prices at any point but will provide a 14-day prior notice. If you don’t cancel within this period, the new prices will be applied to your account.
7.4. While we strive for accuracy, there may be inadvertent pricing errors for our Services.
7.5. We may employ various means, including third-party debt recovery agents, to recover any due amounts. Such methods might lead to additional fees, which you agree to cover along with the initial amount owed.
7.6. Payments are critical. We only recognise payments once we receive cleared funds. Should your primary payment method fail, we are authorised to attempt other cards or direct debits linked to your account.
7.7. Account suspension may occur if payment authorisation fails.
8. QUALITY
8.1. We guarantee that Services obtained via our website will be executed with due diligence and competence, adhering to these terms and conditions.
8.2. We are not responsible for any warranty breach unless:
8.2.1. We receive a written breach notification from you;
8.2.2. We are provided an opportunity to review our Service delivery following the breach notice;
8.2.3. The issue stems from your neglect of our guidance related to Service usage;
8.2.4. The Services are modified without our written permission;
8.2.5 Misuse leads to the issue.
8.3. Should we fail to meet the warranty, we’ll either correct the breach diligently or refund the Services at a pro-rata rate.
8.4. By agreeing to these terms, you confirm that no reliance was placed on any statement or promise not explicitly mentioned on our website or confirmed in writing by us. This clause won’t limit our liability for any deceitful misrepresentation.
9. ACCESS TO HOSTING SERVICE
9.1. You must ensure that necessary provisions for accessing our Hosting Services are established.
9.2. Ensure that anyone accessing our Services using your Internet connection is aware of and adheres to these terms, especially our acceptable use policy.
10. ACCESS TO HOSTING SERVICE
10.1. You must ensure that necessary provisions for accessing our Hosting Services are established.
10.2. Ensure that anyone accessing our Services using your Internet connection is aware of and adheres to these terms, especially our acceptable use policy.
11. SERVICE QUALITY AND AVAILABILITY
11.1. While we strive for consistent access, we cannot guarantee uninterrupted or error-free server access. We will, however, make every reasonable effort to minimise downtime.
12. IP ADDRESS RIGHTS
12.1. During and after the term of our services, you won’t have ownership or rights to any allocated IP address.
12.2. IP addresses are tied to the Hosting Service purchased and can’t be moved or transferred by you in any way.
12.3. In cases where IP addresses are changed by us, we will make efforts to prevent or minimize disruptions to you.
13. DATA BACKUP
13.1. You are responsible for backing up your uploaded data. We offer tools for website and database backups. In case of data loss, server backups we maintain aren’t accessible to you.
13.2. Loss or alteration of your data caused by you, or third parties isn’t our responsibility.
14. USAGE LIMITS FOR HOSTING SERVICE
14.1. Some Hosting Service packages comes with a specific monthly bandwidth allowance, as described on our website during your purchase.
14.2. Exceeding this allowance will result in automatic suspension. You can upgrade for a higher bandwidth or wait for the next month. Monitor your usage through our control panel.
14.3. Unless you’ve purchased a virtual private server package, you’re limited to 10% of our server’s CPU capacity.
14.4. We may permit exceeding CPU usage in certain cases but will address any potential issues affecting our customers directly with you.
14.5. Mailbox limits are determined by the Hosting Service package chosen, as described on our website.
14.6. Mailboxes inactive for 100 days will be automatically removed.
14.7. Ensure compliance with our Website Use Terms and Acceptable Use Policy. Any conflicts will be resolved in favour of these terms and conditions.
14.8. Violations of either the Website Use Terms or Acceptable Use Policy empower us to halt your services.
15. CUSTOMER SUPPORT
15.1. Our support team is here to help with Service-related issues. Note: We don’t offer programming support, but our servers do support various languages.
15.2. We offer support through email and our support portal.
16. DOMAIN NAMES
16.1. For contracts inclusive of our Domain Registration and Renewal Service:
16.1.1. We will attempt to register your preferred domain name.
16.1.2. We hold no liability if the domain name registry declines, suspends, or revokes any domain registration.
16.1.3. We do not represent you in dealings with domain name registries.
16.1.4. Domain name registration and use is bound by the respective registry’s terms, which you should review. 16.1.5. You’re responsible for understanding and adhering to these terms.
16.1.6. A successful domain registration is confirmed when you’re listed as the registrant on the relevant “whois” database.
16.1.7. We reserve the right to ask for an alternative domain name or suspend our services if we believe your selected name violates any regulations or these terms.
16.1.8. You affirm ownership or authorised use of any trademark in the domain names you register.
16.2. You certify ownership or authorised use of domain names provided by you, especially when used in relation to our Hosting Service.
16.3. Domain names must be periodically renewed.
16.4. We have your permission to auto-renew your domain, unless you cancel in line with these terms.
16.6. We may apply locks to domains registered with us at our discretion.
17. INTELLECTUAL PROPERTY RIGHTS
17.1. You retain rights over your content and grant us a global, non-exclusive, royalty-free license for hosting purposes.
17.2. You ensure that your content doesn’t infringe on third-party rights.
17.3. You’ll cover us against claims arising from alleged infringements related to your content.
18. OUR LIABILITY
18.1. We don’t monitor or hold responsibility for your content.
18.2. Given the Internet’s nature, we can’t guarantee privacy for electronic transfers.
18.3. We don’t guarantee immunity from security breaches.
18.4. Unstated terms, conditions, representations, and warranties are excluded.
18.5. Our liability isn’t limited or excluded for cases like death, personal injury, or fraud, as detailed.
18.6. We aren’t accountable for various types of losses, direct or indirect, listed.
18.7. Our maximum liability is limited to the cost of the Services you’ve purchased in the preceding year.
18.8. It’s advised to have insurance against service interruptions.
18.9. Third-party products or services accessed via our site are governed by their own terms, which you should consult.
19. DURATION AND TERMINATION OF SERVICES
19.1. The portion of the Contract pertaining to our Domain Registration and Renewal Service starts from the date of our Acceptance Confirmation. This continues until either:
19.1.1. We register your specified Domain Name, and you later opt out of its renewal;
19.1.2. We cease our Domain Registration and Renewal Service following a notice due to:
19.1.3. Unavailability of the Domain Name;
19.1.4. Your violation of this agreement;
19.1.5. Any other barrier to Domain Name registration.
19.2. Should we halt the Domain Registration and Renewal Service under this agreement’s terms, we will reimburse the amount you paid via the payment method you used.
19.3. Other services outside of Domain Registration and Renewal commence from our Acceptance Confirmation. Unless terminated per this section, they’ll persist for the purchased Service’s Minimum Term. Post Minimum Term, services will:
19.3.1. Extend monthly unless you, a Consumer, notify us of cancellation via support ticket;
19.3.2. Extend monthly unless you, a business user, intimate cancellation similarly;
19.3.3. Be ceased by us after a 30-day written notification;
19.3.4. Be halted within 14 days of purchase as a Consumer’s right during the “cooling off period”;
19.3.5. For valid cancellation within the deadline, notify us two business days prior. Note: Only Consumers benefit from the cooling-off period.
19.4. You must re-affirm cancellations via our support channels; otherwise, services persist. Cancellation via letter, email, or phone is inadmissible.
19.5. Services under rolling contracts will be billed monthly in advance. Payments align with the Service initiation date unless you halt services as per this agreement.
19.6. Mid-cycle cancellations won’t receive refunds.
19.7. We retain the right to cease services with a 30-day prior notice.
19.8. If we halt services, we’ll pro-rate refunds for the unused Minimum Term.
19.9. Breach of contract terms empowers us to terminate with a 7-day notice.
19.10. Termination doesn’t affect prior rights or obligations.
20. DATA DELETION
20.1. Service termination results in the immediate, permanent removal of related data.
20.2. Before termination, you should secure copies of essential data.
21. TERMS ADDENDUM
21.1. Some offers may have supplementary terms, shared when relevant.
22. COMMUNICATION
22.1. Legally, certain correspondences must be written. By using our website, you consent to primarily electronic communications.
22.2. Emails or website notifications will be our primary contact method. This mode satisfies the written communication legal mandate. Statutory rights remain unaffected.
23. NOTIFICATIONS
23.1. Direct all notifications to us via our online system.
23.2. Notices from us will be sent to your latest registered email.
24. THIRD-PARTY RIGHTS AND TRANSFERABILITY
24.1. The terms of this Agreement shall not be enforceable by any third party, even under the Contracts (Rights of Third Parties) Act 1999.
24.2. This Agreement binds both parties and their respective successors and permitted assigns.
24.3. Without our prior written approval, you may not transfer, delegate, or otherwise reallocate any rights or duties under this Agreement.
24.4. Black Owl Technologies Ltd retains the right to transfer, delegate, or otherwise reassign any rights or obligations under this Agreement at any time.
25. EXEMPTIONS DUE TO UNFORESEEN EVENTS
25.1. Black Owl Technologies Ltd shall not be held accountable for any non-performance or delay in its obligations under this Agreement resulting from factors beyond its reasonable control (referred to as a “Force Majeure Event”).
25.2. Force Majeure Events encompass, but aren’t restricted to:
25.2.1. Unauthorised access, changes, or disruptions to our systems, including cyberattacks;
25.2.2. Industrial disputes or actions;
25.2.3. Civil unrest, wars, terrorist activities, or any associated threats;
25.2.4. Natural disasters;
25.2.5. Disruptions in telecommunications, both public and private;
25.2.6. Governmental actions, laws, regulations, or restrictions.
25.3. Should a Force Majeure Event occur, our duties under this Agreement are considered postponed for its duration. Black Owl Technologies Ltd will make reasonable efforts to resolve or mitigate the effects of the Force Majeure Event.
26. WAIVERS
26.1. Any failure by Black Owl Technologies Ltd to enforce strict compliance with this Agreement does not constitute a waiver of its rights.
26.2. Overlooking a single breach doesn’t indicate acceptance of subsequent breaches.
26.3. Waivers are only effective if explicitly declared in writing and delivered to you.
27. CLAUSE VALIDITY
27.1. If any clause in this Agreement is deemed unenforceable, the clause will be removed, and the remaining clauses will stay in effect.
28. WHOLE AGREEMENT
28.1. This Agreement, inclusive of all referenced documents, encapsulates the complete understanding between both parties regarding its subject matter, superseding all prior discussions or agreements.
28.2. Both parties confirm that they have not relied on any assurances not contained in this Agreement.
28.3. Any misrepresentations made by either party prior to this Agreement will not be actionable unless they were made with deceit.
29. AMENDMENTS TO TERMS
29.1. Black Owl Technologies Ltd reserves the right to update these terms periodically.
29.2. You are bound by the terms in effect at the time of your service purchase, unless changes are mandated by legal or regulatory entities.
29.3. Any modifications to these terms must be in writing and endorsed by Black Owl Technologies Ltd.
