Terms & Conditions

1. Who we are and how to contact us

These Terms & Conditions govern your use of all services provided by Swift Nest Hosting, a sole trader trading under the name SwiftNest Hosting, whose correspondence address is at [CORRESPONDENCE ADDRESS] ("SwiftNest", "we", "us", "our").

SwiftNest Hosting is the trading name under which Swift Nest Hosting does business. We are not a registered company and have no company number. The contracts for your services are entered into with Swift Nest Hosting, and any invoice, receipt or formal notice we issue will identify us as the contracting party.

We can be contacted as follows:

Support and general enquiries

support@swiftnesthosting.com

Abuse and enforcement notices

abuse@swiftnesthosting.com

Support hours

Monday to Friday, 9am to 5pm UK time, excluding UK public holidays

Correspondence address

[CORRESPONDENCE ADDRESS]

You can contact us by email at any time. We aim to reply to support requests within one UK working day, and to out-of-hours requests within the next working day. Where you contact us by email or by post, the date of receipt is the date on which the message is delivered to our system or our correspondence address. A notice is deemed received at 9:00am on the second UK working day after posting.

2. Acceptance of these terms

These terms apply to every person who buys, uses or is provided with our services. By placing an order, creating an account, or using the services, you agree to be bound by these terms and by our Acceptable Use Policy (the "AUP"), which forms part of this contract.

Where you accept these terms on behalf of a company, partnership, charity, club or other organisation, you confirm that you are authorised to bind that organisation, and you accept these terms in your own name as well. You must be at least 18 years old to contract with us. If you are under 18, you may use the services only with the written consent of a parent or guardian who enters into this contract on your behalf.

If you do not accept these terms, do not use the services. If you have already paid, you may request a refund under clause 8.

3. Definitions

"Account"

The account, and any associated sub-accounts, created for you under these terms.

"Services"

The web hosting, domain registration, email hosting, VPN, security scanning and audit, and website design and build services we provide, together with the control panel, software and documentation we make available to access them.

"Content"

Any data, text, images, audio, video, software, database content, files, scripts and other material you store, process, transmit or publish using the Services.

"Plan"

A named hosting package (for example Bronze, Silver or Gold) with the resources, limits and features we publish for it.

"Total Annual Contract Value"

The total fees, before discounts and excluding VAT, payable by you for a service over a 12-month period.

"Third Party Materials"

Software, themes, plugins, scripts, libraries, fonts, images and other material made available by a third party, including open source software.

"Total Loss"

All loss, including loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill, loss of data, and any indirect or consequential loss, in each case whether direct or indirect.

4. Services we provide

4.1 Web hosting

We provide managed web hosting on shared infrastructure located in the United Kingdom. Your Plan includes the storage, bandwidth, mail accounts, database capacity, PHP versions and features we publish. Access is through our KarnakPanel control panel, FTP, SFTP and, where included, SSH.

Unless your Plan expressly states otherwise, hosting is shared hosting. Your files, processes and resources are hosted alongside those of other customers, and you accept that they are subject to the fair-use limits in clause 9.

4.2 Domain registration and DNS

Where your Plan includes a free domain, or you purchase domain registration from us, we register the domain on your behalf with the relevant registry. The domain is licensed to you for the term of the hosting to which it is attached, and is not sold outright to you. Where a domain lapses, we may delete it and you may need to re-register it at the prevailing rate.

Where you transfer an existing domain to us, you warrant that you own the domain or that you have the registrant's authority to transfer it, and that the domain has not been the subject of any dispute, block, or lock by a registry, a previous host, or a rights holder.

Domain registration is subject to the applicable registry's terms and dispute resolution procedures, including those of Nominet, the UK Intellectual Property Office, ICANN and the Internet Corporation for Assigned Names and Numbers. You agree to submit disputes about a domain to the relevant registry's process and not to bring a parallel claim against us. Domain registration is not refundable once the domain has been registered with the registry.

4.3 Email hosting

Your Plan includes a stated number of mail accounts with webmail access. We provide the infrastructure for sending and receiving email; the content, recipients, consent and legal compliance of anything you send remain your responsibility. Our acceptable use rules for email are in clause 6 of the AUP. Where your Plan includes SMTP relay or bulk sending capacity, that capacity is subject to the AUP and may be limited or withdrawn if it causes deliverability problems.

4.4 SwiftNest VPN

SwiftNest VPN is a subscription VPN service billed monthly. We operate a no-logs policy in respect of traffic data. You may cancel at any time under clause 15, and no notice period is required. Additional conditions specific to the VPN are set out in clause 11 of the AUP.

4.5 Website security scans and monthly audits

We provide a one-off security scan (from £50) and a monthly security audit service (from £100 per month) which assess a website for malware, blacklisting, outdated software, SSL problems and missing security headers, and which produce a written report with prioritised recommendations. These services are advisory only. They are not a penetration test, they do not verify that a website cannot be compromised, and they are provided on a reasonable-effort basis without guarantee of detecting every issue. Conditions specific to these services are in clause 12 of the AUP.

4.6 Website design and build

Where you commission a website build (Launch from £299, Business from £699, Shop from £1,199), the build fee is a one-off charge for the scope agreed in writing, and is separate from any hosting subscription. We build to the brief and specification you approve, and we will notify you of anything we reasonably believe would improve the result or which falls outside the agreed scope. Unless we agree otherwise in writing, the build fee covers a 30-day post-launch defect correction period for faults in the work we carried out, during which we will fix those faults at no charge. A defect means the site does not function as specified; it does not include requests for new features, redesigns, content changes or third-party plugin issues.

4.7 Services not provided

Our services are infrastructure and technical services. Unless we have expressly agreed to do so in writing, we do not:

• manage or create Content for you, write marketing copy, or provide SEO services;
• take responsibility for the legal compliance of your website, including consumer law, accessibility law, cookie consent and privacy notices;
• administer your business systems, email newsletters, or social media accounts;
• provide 24/7 emergency response. Out-of-hours cover is available on Gold and is subject to availability;
• act as a domain registration agent for dispute resolution. We pass notices to you and comply with the registry process, but we do not adjudicate disputes.

5. Eligibility and account registration

To open an account you must be 18 or older, capable of entering into a binding contract, and provide the registration details we reasonably require. We may ask for evidence of identity, of address, or of payment, and we may refuse or cancel an application or account where we cannot verify it, where we reasonably suspect fraud, or where the account appears to be for the benefit of a third party without authority.

You are responsible for the accuracy of your registration details and for keeping them current. You must tell us promptly if your billing address, payment method, domain administrator contact or email address changes. We may use the details on your account to contact you about the account, the services, and any change to these terms, and you must not configure your domain or mail records in a way that prevents us from contacting the account administrator.

You may have one account only. We do not permit multiple accounts to be used to work around plan limits, fair use, or the number of free domains included in a Plan.

We may issue an account number to identify you. Please quote it in all correspondence. You may not transfer or sell your account without our prior written consent.

6. Term, renewal and the contract

6.1 Plans with a minimum term

Where your Plan is sold with a minimum commitment (for example 12 or 24 months), the contract continues for that minimum term and renews automatically for successive periods of the same length unless you cancel in accordance with clause 15. We will remind you by email at least 30 days before the renewal date.

6.2 Monthly Plans

Where your Plan is sold monthly, the contract continues month to month and renews automatically each month on the anniversary of the date of purchase until cancelled in accordance with clause 15. Monthly Plans do not require a notice period, but must be cancelled before the next renewal date to avoid a further charge.

6.3 How the contract is formed

Your order is an offer to buy. The contract is formed when we accept your order and activate your account, which we will normally confirm by email. Until then we are not obliged to supply anything and we may decline any order, for example where we cannot verify your identity or payment, or where the domain you have requested is unavailable or subject to a dispute.

6.4 Renewal price

The fee for any renewal term is the price published for your Plan at the time of renewal. We will show the renewal price and the amount that will be taken before the renewal takes effect. Where we have not changed the price of an existing customer's Plan for two consecutive renewals, we will not increase the renewal price by more than the annual increase in the Consumer Prices Index (CPI) plus 2%, and we will give you at least 30 days' notice before the higher price takes effect.

7. Charges, VAT and payment

1. Currency. All prices are shown in pounds sterling (GBP) and exclude VAT and any other applicable taxes unless expressly stated as inclusive.
2. VAT. Where you are a business registered for VAT in the UK, or in another member state, and provide a valid VAT number, we will charge VAT at the rate applicable to the country of your billing address. Where we are required to verify your VAT number under the rules applicable to cross-border supplies and verification fails, we must charge UK VAT.
3. Where VAT applies. VAT is added to our fees. Where a third party (such as a domain registry) charges us VAT on services we resupply to you, we may pass that on to you, in which case we will show it separately.
4. Payment terms. Unless otherwise agreed in writing, accounts are paid for in advance, and services begin once payment has cleared. Annual and longer Plans are paid for in full at the start of each term.
5. Payment methods. We accept the payment methods shown at checkout. We may add or remove methods at any time, but we will always offer at least one method that is reasonable for a UK business customer.
6. Failed or late payment. If payment fails, we will attempt to notify you and will retry. Where payment remains outstanding more than 7 days after the due date, we may suspend the affected services without notice, and you remain liable for the full amount. We will restore services on receipt of cleared payment, provided the reason for suspension has been resolved.
7. You are responsible for your bank charges. Where you pay by direct debit or card, your bank may levy fees on the transaction. We are not responsible for those charges and will not refund them, other than where the payment is later shown to have been an error on our part or a result of our failure.
8. Billing errors. If we are overcharged or you are undercharged, we will correct the error within 30 days of becoming aware of it and refund any amount overpaid, or issue a credit for amounts underpaid, without undue delay.
9. No set-off. You may not withhold or reduce any payment because of a dispute with us, unless you are required to do so by law or by the terms of a binding dispute resolution scheme.
10. Annual billing. You may choose to pay for a Plan annually instead of monthly. An annual Plan is billed once, in advance, for 12 months at the price of 10 months (two months free). Annual fees are non-refundable except under the 30-day money-back guarantee in clause 15.4, after which a mid-term cancellation refunds the unused period at the equivalent monthly rate. If you cancel an annual Plan, your service runs to the end of the paid period.

8. 30-day money-back guarantee

1. The guarantee applies to web hosting, domain registration and email hosting Plans purchased directly from us.
2. To claim, email support@swiftnesthosting.com from the email address on the account, quoting the account name and the reason you are cancelling. We will acknowledge your claim within one UK working day and process the refund within 14 days of confirmation.
3. Refunds are made to the original payment method. Your bank may take a further few days to credit the account. We do not charge a cancellation fee.
4. Where a 12-month or 24-month Plan is cancelled under the guarantee, the full amount paid is refunded, not a pro-rata amount.
5. The guarantee does not extend to:

• the SwiftNest VPN, website build services, security scans or monthly audits, which are not subject to this guarantee;
• any additional services you have used or ordered during the period (for example additional IPs, one-off support work or third-party purchases), which remain payable;
• accounts that have been suspended or terminated for breach of the AUP or of these terms;
• domain registrations that have already been transferred away from us, where a refund is not available from the registry, or where the domain has been used to send unsolicited commercial email or to host prohibited content;
• fees for services that were never activated because we declined your order.

This guarantee is separate from, and does not limit, your statutory rights under the Consumer Rights Act 2015, including your right to a refund where the service is not of satisfactory quality, not as described, or not fit for purpose.

9. Fair use and acceptable use

Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into this contract and forms part of these terms. Breach of the AUP is a breach of these terms.

In addition, because Plans run on shared infrastructure, the following fair-use limits apply unless your Plan expressly states a higher limit:

1. Storage. You must not exceed the disk space included in your Plan. We operate a soft limit at 90% of the allocation, at which point we will contact you.
2. Bandwidth. Bandwidth is measured as the sum of inbound and outbound data transferred to and from your account. Each Plan includes a stated monthly allowance. Where your Plan states "unlimited" bandwidth, that means the resources available on shared infrastructure; it does not mean a guaranteed or unlimited capacity, and sustained transfer volumes, file distribution and video streaming beyond what is normal for your Plan may be limited or metered. We will contact you before applying any limit.
3. Email sending. Mail sending is limited to what is reasonable for a business of your size and Plan. Bulk sending, newsletter distribution and transactional mail campaigns must comply with the AUP and with PECR. Where an account's sending causes deliverability problems for our IP addresses, we may require you to move to a dedicated SMTP relay, reduce your sending rate, or purchase an additional mail service where one is available.
4. Processes and CPU. Long-running or resource-intensive processes that consume more than a fair share of the platform, including continuous cryptography mining, image or video processing on demand, and automated report generation, are not permitted.
5. Daily hits and requests. Requests are limited to what the platform can serve for a small business website. We may apply rate limiting to requests that are automated, repetitive, or that degrade service for others.

Where you need more capacity, we will point you to the Plan that fits your usage. We do not charge extra for a Plan upgrade during the same term, and where an upgrade causes an increase in your monthly spend we will credit the difference proportionately.

10. Your responsibilities

You are responsible for everything that happens under your account. In particular you must:

1. keep all login credentials, passwords, API keys and recovery codes confidential, and change them promptly if you suspect they have been disclosed;
2. maintain the security of your website, including applying updates to the operating system components we provide, your CMS, themes, plugins and any application you install, and removing anything unused or unmaintained;
3. back up your Content regularly, and before any significant change, using the backup facilities included in your Plan or your own backup regime. We are not responsible for failure to back up.
4. review and act on security notifications we send you, and respond to legitimate security requests we make;
5. ensure that the Content you publish is lawful, accurate, and does not infringe the rights of others, and that you hold the necessary consents, licences and permissions to publish it and to process any personal data in it;
6. ensure that any online shop you operate complies with consumer law, including the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Rights Act 2015, and the EU/UK General Product Safety and distance selling rules that apply to you;
7. ensure that your website meets applicable accessibility requirements, including the Equality Act 2010 and where relevant the Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018;
8. obtain and display any permissions, licences or consents required for cookies, analytics, advertising and marketing technologies used on your site, in accordance with PECR and the ICO's guidance;
9. not hold out your website in a way that is misleading, and not impersonate another business or individual;
10. not resell or share access to the Services, and not attempt to extract commercial value from the Services other than by publishing your own website.

11. Backups, data loss and resilience

1. Two different kinds of backup. These do different jobs, and only one of them is yours to control. It is worth being clear about the difference.
   • Our platform snapshots. We keep server-level snapshots of the hosting platform so that we can restore the server itself, and the accounts hosted on it, following hardware failure, filesystem or database corruption, a failed migration, or any other catastrophic platform-level event. These snapshots are an internal resilience measure for our infrastructure. They are not a backup product sold to you, they are not part of your Plan, and we may rotate, overwrite or delete them as we see fit.
   • Your backups. These are the ones that protect your website. Taking and keeping them is your responsibility, using the backup tools in the control panel.

   A platform snapshot is not a copy of your website that you can rely on. We do not guarantee that a snapshot exists for any particular point in time, that any particular file, database or change appears in any snapshot, or that any restore from a snapshot will be complete or successful. Nothing in this clause 11.1 reduces your obligation to keep your own backups.

2. Your own backups are required. You must back up your Content regularly, and always before making a significant change — updating WordPress core, plugins or themes, changing hosting settings, or migrating a site. You should keep at least one copy outside our infrastructure, because anything held only with us is lost if we are.
3. Backup service. Where your Plan includes automatic backups, we take copies of your files, databases and mailboxes once a day, and retain each backup for 7 days, after which it is deleted or overwritten on a rolling basis. Backup copies are provided for convenience and are not a guaranteed data-protection product. We may suspend or change the backup schedule where a Plan is over its storage allocation or where a backup operation materially affects platform performance.
4. Not a substitute. Our backups are not sufficient on their own to meet your disaster recovery, retention or regulatory obligations. You must maintain your own backups, ideally off-site and outside our infrastructure.
5. No guarantee of recovery. We do not guarantee that a backup exists for any particular point in time, that a backup is free from corruption, or that a restore will be successful. We are not liable for data loss caused by your failure to back up, or by the failure of a backup to capture a particular file or change.
6. Retention of Content following termination. Where we delete an account on expiry or termination, we will retain a copy of your files for 30 days so that you may retrieve them, and will then delete them. We may extend this period where we are required to by law. You should not rely on this retention period as a backup.
7. Recovery point objective. Our target recovery point objective for any unscheduled incident is the point of the most recent successful backup, and our target recovery time objective is 12 hours. These are targets for ordinary circumstances, not commitments, and they do not apply to events of force majeure or to your own equipment and configuration.

12. Service levels and uptime

12.1 Availability commitment

Where your Plan includes an uptime guarantee, we commit to a monthly uptime of 99.9% for the Services, measured as the percentage of each calendar month during which the Services are available for access by your visitors. Gold plans carry a stated service credit of a greater percentage where shown on your order; the applicable figure is the one shown on your order confirmation.

12.2 What counts as downtime

Downtime means a period in which the Services are not accessible to your visitors as a result of an unavailability event attributable to us. An unavailability event begins when the Services become unavailable to a significant number of users and ends when availability is restored.

12.3 What is excluded from the calculation

The following are excluded from the availability calculation:

• planned maintenance, provided we give at least 48 hours' notice where practicable, and limit maintenance to reasonable periods and outside peak hours;
• events beyond our reasonable control, including internet failures, power and telecoms failures, and failures at a third-party supplier where we could not reasonably have avoided the failure;
• slow response times, high latency, or unavailability of a single feature, script, plugin or application, where the website as a whole is available;
• unavailability caused by your configuration, your Content, your application code, your scripts, your third-party software, or by consuming resources beyond your Plan or the fair-use limits;
• unavailability caused by your own equipment, network, browser, or by actions required of you, including clearing a cache, updating a plugin, or running a database update;
• issues that are not reproducible, that we cannot reproduce after reasonable investigation, or that are attributable to your local network or DNS resolver;
• unavailability of a specific URL where other URLs, or the website as a whole, are available;
• the initial period of activation before the service goes live, and any agreed suspension.

12.4 Service credits

If availability in a calendar month falls below the committed figure, you may claim a service credit by emailing support@swiftnesthosting.com within 30 days of the end of the month, giving the domain name and the dates of the unavailability you are relying on. Where our monitoring confirms that the committed figure was missed, we will apply the credit to your next invoice at the following rates, as a percentage of that month's fee:

• below 99.9% but at or above 99.0%: 10% credit
• below 99.0% but at or above 95.0%: 25% credit
• below 95.0%: 50% credit

Service credits are the sole financial remedy available for missing the uptime commitment, save that nothing in this clause limits your rights where the failure is so serious that the service is not of satisfactory quality or not fit for purpose, in which case you may instead reject the service and claim a refund under the Consumer Rights Act 2015, or take any other remedy available to you by law.

13. Support

We provide support by email to all customers, and through the KarnakPanel control panel. Support is included in the fee for all Plans and covers:

• issues with the hosting infrastructure, control panel, email delivery and webmail;
• help with installing and configuring WordPress, the vveb visual editor, SSL, email accounts and databases;
• diagnosis of issues where the cause lies within the hosting platform or our configuration.

Support does not include the writing or debugging of your application code, database queries or custom scripts; the configuration or troubleshooting of your own devices, routers, browsers or local network; the removal of malware injected through an unpatched application where the cause is a component you control; recovery of Content that was never backed up; or third-party support requests. Where work of this kind is requested we will provide a quotation and, on your acceptance, carry it out as a chargeable service.

Gold customers receive priority support and 24/7 cover for genuine service outages, subject to availability.

14. Suspending and terminating the contract

14.1 Your right to terminate

You may terminate this contract at any time by giving notice in accordance with clause 15. You may also terminate immediately, and without liability, where we commit a material breach of these terms that we fail to remedy within 30 days of written notice, or where we are subject to an insolvency event.

14.2 Our right to terminate

We may terminate this contract, or suspend it, where:

1. you commit a material breach of these terms or of the AUP that you fail to remedy within 30 days of written notice, or that is not capable of remedy;
2. you commit a serious breach of the AUP, as described in clause 13.3 of that policy, for which suspension or termination may be immediate and without notice;
3. you do not pay the fees when due and payment remains outstanding 14 days after the due date, after which we may terminate. We will normally suspend the services on day 7 of arrears and will warn you before terminating;
4. we are unable to continue to provide the services, for example because a supplier or data centre closes or the service is discontinued;
5. you request termination of the services in accordance with clause 15.

14.3 Insolvency and inability to pay

If you enter any insolvency event, such as administration, liquidation, bankruptcy, or a composition with creditors, we may suspend the services immediately and may terminate by written notice. Where an administrator, liquidator or receiver is appointed we may require that they confirm in writing that the contract is adopted on the same terms.

14.4 Effect of termination

On termination for any reason, whether by you or by us:

• your right to use the services ends immediately and you must stop using them;
• fees already paid are non-refundable, except where termination is by us without cause, or where you terminate under clause 15;
• where you terminate under clause 15 you remain responsible for fees up to the effective date of termination only;
• we may delete your Content in accordance with clause 11.6, and we may charge reasonable costs to export or retrieve it where it is large or where we have already provided a backup copy at no charge;
• domains we registered for you cease to be licensed to you at the end of the term, and may be transferred to another registrar at your request subject to a small administrative charge;
• clauses which by their nature are intended to survive termination continue to apply, including clauses 17, 18, 19, 20, 22, 23, 24 and 25.

15. Cancelling and refunds

15.1 How to cancel

You can cancel at any time by emailing support@swiftnesthosting.com from the address on your account, quoting your account name and domain names. You can also cancel through the control panel or billing portal where that facility is available. Cancellations are effective on receipt of your request.

Cancelling a plan within the first 30 days is covered by the money-back guarantee at clause 8.

15.2 Plans with a minimum term

Where a Plan has a 12 or 24 month minimum term, the contract renews automatically for the same period. To cancel before renewal you must give notice at least 30 days before the renewal date. If we do not receive that notice, the Plan renews and the full fee for the next term becomes payable. We will remind you by email at least 30 days before the renewal date so that you have the opportunity to cancel. This is not a condition of any type and does not affect your statutory cancellation rights under the Consumer Contracts Regulations 2013.

15.3 Monthly Plans

Monthly Plans may be cancelled at any time without cause. Cancellation takes effect at the end of the current billing month, and no further monthly fee becomes payable. We do not require a notice period.

15.4 30-day money-back guarantee

If you are unhappy with a new hosting Plan for any reason, you may cancel it within 30 days of the start of your first billing period and receive a full refund of the fees you have paid for that Plan — not a pro-rated credit. Simply email support@swiftnesthosting.com within the 30 days. We process the refund within 14 days of confirmation.

The guarantee applies to hosting Plans, including your first period of an annually paid Plan. It does not apply to domain registration or renewal fees, which we pass to the registry and cannot recover once the domain is registered (see clause 15.6). It also does not apply to one-off services we have already performed, such as a completed website build or a delivered security audit, because the work has already been done. And, as you would expect, it does not apply where we have terminated your account for breach of these Terms or our Acceptable Use Policy.

This guarantee is in addition to, and does not reduce, any cancellation rights you have under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or any other statutory rights. In particular, if you cancel a distance contract within 14 days under those Regulations and you have not asked us to begin performance during that period, your statutory right applies instead.

15.5 Refunds on cancellation after 30 days

Where you cancel in accordance with this clause, we will refund fees paid in advance for the period after the effective date of cancellation, provided you have not breached these terms or the AUP. We process refunds within 14 days of confirmation.

Where you have chosen to move to a cheaper Plan, no refund is due and the new Plan price applies from the next renewal date. We do not pro-rate part-way through a monthly period where you cancel a monthly Plan part-way through.

15.6 Domain registration and renewals

Once a domain is registered with a registry, the registry fee is payable and is not refundable, and a domain that has expired and been deleted may not be recoverable. Where a domain has renewed with the registry and you then cancel your hosting, the domain renewal fee is not refundable.

15.7 Statutory cancellation rights

If you are a consumer, you have the right to cancel a distance contract within 14 days of receiving your confirmation, as provided by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Where we have begun to provide the services at your express request before the 14-day period expires, you must pay for the services provided up to the point of cancellation, and we will deduct that amount from the refund. This is separate from, and additional to, the 30-day guarantee at clause 8.

16. Migrations and transfers

1. We offer a free migration to SwiftNest on Plans above Bronze, subject to availability, covering Content files, databases, DNS and email accounts. The service is provided as a courtesy and we use reasonable skill and care, but we give no warranty that a migration will be complete, error-free, or lossless.
2. You are responsible for the accuracy of any information you supply for the migration, for taking a final backup of your existing site, and for testing the migrated site before you change your DNS and decommission your previous host. We are not liable for data loss arising from your failure to take a final backup or to test before cutover.
3. Where we migrate a site, we do not warrant that the site will function identically on our platform, particularly where it depends on software, extensions, PHP versions or features specific to another host. We will work with you to resolve compatibility issues, and we will not be responsible for the cost of redevelopment.
4. Our responsibility for a migration ends when we confirm to you that the files, databases, DNS and mail settings have been transferred. Ongoing operation of the migrated site is subject to these terms as any other site.
5. Any bespoke or paid migration work outside the free service is chargeable and is subject to a written quotation.

17. Third-party software

1. The Services include or allow access to Third Party Materials, including the KarnakPanel control panel, the HostBMS.com billing system, the vveb visual editor, one-click installers, PHP, MySQL/MariaDB, Let's Encrypt, and open source libraries and frameworks.
2. Third Party Materials are licensed to you under their own terms, not under these terms. You are responsible for complying with those terms, including any attribution requirements, and for any fees they charge.
3. We do not warrant that Third Party Materials will be uninterrupted, error-free, or fit for a particular purpose, and we are not responsible for your use of them or for any loss arising from your use of them.
4. We may upgrade, replace or discontinue any Third Party Material where reasonably necessary, including for security reasons. Where a change will materially break an application you have built, we will give you reasonable notice and a reasonable opportunity to migrate.
5. You must not use any Third Party Material in a way that is inconsistent with its licence, and must not remove or alter any copyright, trademark or attribution notice.

18. Intellectual property

18.1 Your Content

You retain all ownership of your Content. You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, display, back up, restore and process your Content, and to run the processes necessary to provide the Services, for as long as you use the Services and for up to 30 days afterwards. We do not own your Content and we will not use it for any purpose other than providing the Services to you, unless you have separately consented or we are required to do so by law.

You confirm that you own your Content or have the necessary rights to host and process it, and that doing so does not infringe the rights of any third party or breach any law or third-party licence.

18.2 Our platform and software

We and our licensors retain all rights in the Services, the control panel, the software, the design of the platform, our documentation, our trade names and logos, and any improvements we make to any of them. Nothing in these terms transfers ownership of any of these to you.

You may not copy, reproduce, reverse engineer, decompile or disassemble any part of the platform, or attempt to derive its source code, except to the extent that this restriction is prohibited by law or is necessary for interoperability where that information has been made available by us. You may not remove or alter any proprietary notices.

18.3 Feedback

If you send us feedback, suggestions or ideas about the Services, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback without restriction or obligation to you.

19. Confidentiality and publicity

Each party will keep confidential any information of the other which is marked as confidential or which a reasonable person would treat as confidential, and will use it only for the purposes of this contract. This obligation does not apply to information which is public through no fault of the receiving party, which was already known to it, which it receives from a third party without restriction, or which it is required to disclose by law, regulation or a competent authority, in which case it will disclose only what is required and, where lawful, will inform the other party first.

Your account, password and billing details are confidential, and you must not disclose them to any third party. We will never ask you for your password, and we will never ask you to send a payment by bank transfer in response to an unsolicited email. Please report any such request to abuse@swiftnesthosting.com.

We may include your company name and a description of the work we have done for you in our portfolio or on our website only where you have given us written permission to do so, and you may withdraw that permission at any time and we will remove the reference within 30 days. We do not otherwise advertise your use of our services.

20. Data protection and privacy

1. We process personal data in relation to you and your account in accordance with UK data protection law, including the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations (PECR). Our privacy notice, which forms part of these terms, explains what we collect, why, and how long we keep it.
2. Our role for your website data. Where you collect personal data through your website — for example from a contact form, a checkout or a mailing list — you are the data controller and we are your processor. We process that data on your behalf and only on your documented instructions, under a written data processing agreement which forms part of this contract and which you accept by using the Services. That agreement requires us to:

• process personal data only on your documented instructions and for the purposes you specify;
• ensure that persons authorised to process the data are subject to confidentiality obligations;
• implement appropriate technical and organisational measures to protect the data, as set out in clause 21;
• not engage a sub-processor without your prior specific or general written authorisation, and will notify you of any change in sub-processors, giving you an opportunity to object;
• assist you, having regard to the nature of the processing, in responding to data subject requests, in carrying out data protection impact assessments, and in demonstrating compliance;
• return or securely delete your personal data at the end of the engagement, save where retention is required by law;
• make available the information necessary to demonstrate compliance and allow for and contribute to audits, including inspections, conducted by you or a mandated auditor.

4. Our own data. We collect account, billing, technical and support information to operate the Services, to bill you, to keep the platform secure, and to comply with our legal obligations. We may use aggregated and anonymised data to operate and improve the platform. We do not sell personal data.
5. International transfers. Our primary data centres are in the United Kingdom. Where a supplier processes data outside the UK or EEA, we rely on adequacy regulations or standard contractual clauses, and we will tell you on request what transfers take place.
6. Data localisation and law enforcement requests. We comply with valid requests from UK law enforcement and regulators. We will notify you of a request for your data unless we are prohibited by law from doing so. We do not respond to third-party demands for data relating to your account that do not come from a competent UK authority.
7. Retention. We keep account records for the duration of the contract and for 6 years afterwards, for accounting and legal purposes. We keep security and abuse logs for 6 months, and back-ups containing your Content for the periods described in clause 11.
8. Your responsibilities. You must comply with data protection law in relation to the personal data you collect through your website. You must have a lawful basis for processing that data, you must provide the required privacy information to individuals, you must obtain valid consent for marketing cookies and email where it is required, and you must respond to data subject requests. You accept the website privacy notice as applying to the purposes for which you told us you require it, and you must not use the Services to process personal data in breach of applicable law.

21. Security

We maintain a range of technical and organisational measures to protect the Services and your Content, which — having regard to the cost, the nature of the processing and the risks — are appropriate to the risk. These include:

• UK data centres with physical access controls, and physical separation between customers;
• network segregation, firewalls and rate limiting between customers, and dedicated resource pools for higher plans;
• encryption in transit, including free SSL certificates and TLS for control panel, FTP, email and database connections;
• multi-factor authentication for privileged administrative access to our own infrastructure, and least-privilege access controls;
• intrusion detection and, on eligible plans, fail2ban intrusion protection and continuous website malware scanning;
• logging and monitoring of access and of security events, and regular review of that logging;
• regular patching of the operating system, control panel and server software, and staged rollouts to limit impact;
• backups, and periodic restoration testing of backups;
• staff background checks appropriate to their role, confidentiality obligations, and security awareness training;
• an incident response plan, with a defined escalation route and post-incident review.

Where a personal data breach occurs that is likely to result in a risk to your rights and freedoms, we will notify the ICO within 72 hours of becoming aware of it, and will notify you without undue delay where the breach is likely to result in a high risk to you. We will provide you with the information you reasonably need to meet your own notification obligations, and we will cooperate with you in the investigation and remediation.

You are responsible for the security of your own website and account credentials, as set out in clause 10. We will never ask you for your password.

22. Complaints and dispute resolution

We want to resolve problems quickly and informally. Please raise any complaint with support@swiftnesthosting.com or by post to [CORRESPONDENCE ADDRESS]. We aim to acknowledge a complaint within one UK working day and to resolve it within 10 UK working days, and we will keep you informed while we do.

If we are unable to resolve your complaint, or you are dissatisfied with the outcome, you may refer the matter to a recognised Alternative Dispute Resolution provider. Where we are bound by an ADR scheme we will take part in the process, and where the scheme is the Consumer Code from the Chartered Trading Standards Institute or a scheme approved by the government, taking part is a condition of our membership and we will be bound by its decision.

Nothing in this clause affects your right to take action in the courts, or to complain to the Information Commissioner's Office, Ofcom, Action Fraud, or Trading Standards about the way we have handled your data or your service.

23. Liability and indemnity

23.1 Liability we cannot exclude (nothing here limits these)

Nothing in these terms, and nothing in any exclusion or limitation in them, limits or excludes our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any other liability that cannot lawfully be excluded or limited, whether under the Consumer Rights Act 2015, the Unfair Contract Terms Act 1977, or any other applicable statute.

Where you are a consumer, nothing in these terms limits your statutory rights. Every exclusion and limitation in this clause operates only to the extent that it is lawful and enforceable, and to the fullest extent permitted by law. Where a term or part of a term is not so permitted, it is severed and the remainder continues to apply.

23.2 Loss we exclude to the fullest extent permitted by law

Subject to clause 23.1, and to the fullest extent permitted by law, we are not liable to you, and you are not liable to us, for any Total Loss, and in particular for any:

• loss of profit, revenue, anticipated savings, business opportunity, goodwill or anticipated deal;
• loss of data, other than where our negligence or failure caused it;
• loss arising from your business being interrupted or your operations being curtailed;
• loss arising from the unavailability of a third-party service, network, or supplier that we did not ourselves supply, including a payment provider, a domain registry, an email deliverability service, a software vendor or a script library;
• loss arising from your Content, including the content, accuracy, legality or quality of it, or from your use of the Services for a purpose other than publishing a website;
• loss arising from your breach of the AUP, or from your use of the Services in a manner we have expressly prohibited;
• indirect or consequential loss of any kind.

To be explicit about data: we exclude liability for loss or corruption of data to the fullest extent we lawfully can, but we cannot and do not exclude liability where that loss is caused by our own negligence or our failure to perform the Services with reasonable skill and care. Where data loss is caused by your own actions, your own equipment, your own software, a third party, or your failure to keep a working backup, we accept no liability for it.

23.3 Our total liability cap

Subject to clause 23.1, our total aggregate liability to you arising out of or in connection with the Services, whether in contract, tort (including negligence), statute or otherwise, and for all claims in a 12-month period taken together, is limited to £1,000 (the "Liability Cap").

Where the claim relates to a Service you purchased for a fee, the Liability Cap is the greater of £1,000 and 100% of the total fees you paid us for the Services in the 12 months before the event giving rise to the claim. In practice this means the Cap never falls below £1,000, but it rises to match what you have actually paid us where you have paid more.

Where the Service is supplied on a free trial or free of charge, our liability is limited to £100, which is the most we can lawfully limit it to on a service for which you have paid nothing.

Where the claim relates to a website build or a security audit, our liability is additionally limited to the total fees you paid for that specific project, unless the loss arises from our fraud or from anything we cannot lawfully exclude under clause 23.1.

These limits apply however the claim arises, including in contract, tort (including negligence), statute or otherwise, and whether or not you have taken reasonable steps to mitigate your loss. We do not accept liability for claims made after the applicable limitation period has expired.

23.4 Your indemnity for Content

You agree to indemnify us against all losses, damages, costs, expenses, fines and penalties (including reasonable legal fees) suffered or incurred by us or by any of our officers, employees or agents arising out of or in connection with:

• your Content, or the use you make of it, infringing the intellectual property rights or other rights of a third party;
• your breach of the AUP, or your use of the Services in breach of applicable law, including data protection law;
• your failure to obtain a consent or permission required to publish particular Content, including image, music or video rights;
• any claim brought against us by a third party in respect of your website, including any claim relating to the content of your site or to the sale of goods or services through it;
• your use of our platform, brand or name in a way that suggests an endorsement or association that we have not given.

23.5 What happens if you make a claim

Where we receive a claim that your Content infringes a third party's rights and, as a result, remove that Content, suspend your account, or restrict access to your website, we will notify you promptly, provide you with reasonable information about the claim, and allow you an opportunity to respond. We may disclose the minimum information reasonably necessary about you to the complaining party in order for the claim to be considered. Where the claim is brought by a court or arises from a formal legal process, we may, at our option and without notice to you, disclose the information we are required to disclose.

23.6 Website build and audit services

Our obligations in respect of a website build are limited to delivering the agreed scope with reasonable skill and care within the timescales set out in the quotation, and correcting defects in that work during the 30-day post-launch period. We give no guarantee that the site will generate any particular level of traffic, sales or income. We are not responsible for the performance of third-party plugins, themes, payment providers, hosting providers or any other third-party service that the site depends on, and we do not warrant availability or fitness of any such third-party service.

24. Force majeure

Neither party is liable for any failure or delay in performing its obligations under these terms, or for any loss or damage arising from that failure or delay, to the extent caused by an event beyond its reasonable control. This includes: acts of God and natural disasters; fire, flood, storm or earthquake; war, terrorism, civil unrest, riot, or a state of emergency; epidemic or pandemic; industrial action, including strikes involving our own staff; failure of public telecommunications, power or transport networks; failure of a data centre or an upstream network provider; the failure, sabotage or hacking of any system, network or supplier; and any act or omission of a government, regulator, or any other authority.

If a force majeure event continues for more than 60 days, either party may terminate the affected services on written notice, and we will refund any fees paid in advance for the period after termination.

The uptime commitment at clause 12 is subject to this clause.

25. General provisions

1. Entire agreement. These terms, together with the AUP, the privacy notice, the order confirmation and any written quotation we have accepted, form the entire agreement between us and replace all prior statements, proposals and understandings, whether written or oral. We will not be bound by any statement or representation not set out in these documents, save where a statement is made fraudulently.
2. Variation. We may vary these terms in accordance with clause 26. Any variation that is not set out in writing is not binding on us.
3. Assignment. You may not assign, transfer, charge or deal in any other manner with your account or your rights under these terms without our prior written consent. We may assign these terms to a successor of the business, or to a purchaser of all or substantially all of the assets used in the business, on written notice to you. Where we assign to a successor, you may terminate the affected service on 30 days' notice and receive a pro-rata refund.
4. Subcontracting. We may use subcontractors and third-party suppliers to provide parts of the Services. We remain responsible for their performance.
5. No waiver. A failure or delay by us to enforce any right under these terms is not a waiver of that right. A single or partial exercise of a right does not prevent any further exercise of that or any other right.
6. Severability. If any provision of these terms is or becomes invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the provision shall be deemed deleted, and the deletion shall not affect the validity of the remaining provisions.
7. Third-party rights. A person who is not a party to these terms has no right to enforce any of their terms under the Contracts (Rights of Third Parties) Act 1999, except that a person who is a permitted user of your account may enforce clause 10 of the AUP and clause 3.1 of these terms. Any other variation must be in writing and signed by both parties.
8. Your rights under the Consumer Rights Act 2015. Where you are a consumer, nothing in these terms excludes or limits your rights, and you retain the benefit of any term which is more favourable to you than these terms.
9. Notices. Notices to us must be sent by email to support@swiftnesthosting.com or by post to [CORRESPONDENCE ADDRESS]. Notices to you will be sent to the email address registered on your account, or by post to your billing address. Where you change either, you are responsible for the consequences of not telling us.
10. Non-solicitation. During the term and for 12 months afterwards, neither party will knowingly solicit for employment any employee of the other who was materially involved in the performance of the contract, save by a general advertisement not targeted at that individual.
11. Governing law. These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation, whether contractual or non-contractual, are governed by the law of England and Wales.
12. Jurisdiction. The parties submit to the exclusive jurisdiction of the courts of England and Wales. Nothing in this clause limits the right of either party to bring proceedings in the courts of another jurisdiction where it has a genuine connection with that jurisdiction, and nothing limits your right to bring proceedings in the courts of the place where you live. As a consumer, you also retain the protection of the mandatory rules of the law of the country you habitually reside in, where those rules give you a more favourable outcome.
13. Consumer Contracts Regulations. Where these terms are a distance contract or mixed contract to which the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply, those regulations take precedence over any conflicting term in this contract. In particular, you retain the right to cancel within 14 days of the contract being concluded or the goods or services being received, whichever is later, subject to the provisions of those regulations.
14. Inequality of terms. Where any provision of these terms is not subject to the fairness test under the Consumer Rights Act 2015 because you are a business, that provision is a term of our contract with you as a business customer and is negotiated between us on that basis. We will not be required to provide a bespoke or negotiated contract.
15. Survival. Clauses which by their nature are intended to survive termination of the contract continue to apply after termination, including clauses 17, 18, 19, 20, 22, 23, 24 and 25.
16. No obligation to disclose. We are not required to disclose our internal procedures, our security audit results, our roadmaps or our pricing strategy, save where disclosure is required by law or is necessary to demonstrate compliance with clause 20.

26. Changes to these terms

We review these terms at least annually and whenever there is a material change in the law, our services, or our business. We may change them by publishing a revised version on this page.

Where a change materially affects your rights or the permitted use of the Services, we will give you at least 30 days' notice by email to the address on your account before the change takes effect, and we will summarise what has changed. If you do not accept a material change, you may terminate the affected service before it takes effect and, provided you have not breached these terms, receive a pro-rata refund of the fees paid for the remaining period.

Where a change does not materially affect your rights, it takes effect from the date it is published and the version in force at the time you use the Services is the version that applies. We record the effective date of each version at the top of this document.

We may update the AUP at any time on the basis set out in clause 16 of that policy.