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TERMS AND CONDITIONS

OF NAMESCO INC. FOR THE SUPPLY OF SERVICES TO CONSUMER

Table of contents

• General Provisions (Sections 1 to 13)
• Registration of Domain Names (Schedule A)
• Email services and WebMail services (Schedule B)
• Website Hosting (Schedule C)
• Ecommerce Service (Schedule D)

General Provisions

These conditions only apply to Consumers. A Consumer is a natural person (ie not a company) whose activity is outside of his or her trade, business or profession. In these terms and conditions "you" and "your" refer to each customer and its agents, including each person listed in your account information as being associated with your account, and "we" "us" and "our" refer collectively to Namesco Inc. and its wholly-owned subsidiaries.

These terms and conditions, our Acceptable Use Policy and Refund Policy, all of which are accessible on our website at www.simplyHosting.com/company-terms.html and the order form on our website at www.simplyHosting.com comprise the agreement between you and us ("Contract"). This Contract explains our obligations to you and your obligations to us in relation to the service(s) you purchase.

1. Scope of Agreement and changes to the terms and conditions
   1. Sections 1 to 13 of these terms and conditions apply to any of our services that you purchase ("general provisions").
   2. In addition to the general provisions:
      1. Schedule A applies specifically to our Domain Name Registration services,
      2. Schedule B applies specifically to our Email services and WebMail services,
      3. Schedule C applies specifically to our Website Hosting
   3. IF WE ACCEPT YOUR ORDER WE WILL START PROCESSING YOUR REQUEST IMMEDIATELY FOLLOWING YOUR DESPATCH OF YOUR REQUEST AND YOU THEREFORE AGREE AND ACKNOWLEDGE THAT YOU WILL NOT BE ABLE TO EXERCISE ANY RIGHT YOU MAY HAVE UNDER LEGISLATION RELATING TO DISTANCE SELLING (DISTANCE SELLING MAY BE FOR EXAMPLE WHERE A CONTRACT IS ENTERED INTO VIA A WEBSITE, EMAIL, TELEPHONE OR OTHERWISE WHERE THE CONTRACT IS NOT ENTERED INTO FACE TO FACE) TO CANCEL YOUR REQUEST WITHOUT LIABILITY UNDER THE CONTRACT. HOWEVER YOU MAY STILL CANCEL YOUR REQUEST IN ACCORDANCE WITH TERMS APPLICABLE TO A PARTICULAR SERVICE. IF YOU ARE NOT COMPLETELY SURE WHETHER OR NOT TO PROCEED WE RECOMMEND THAT YOU DO NOT PROCEED.
   4. It is important to note that if you purchase any of our services bundled together as a package, (for example you purchase a package that includes both a domain name and a webspace as opposed to purchasing these separately), termination of any part of the services may result in termination of all the services provided as part of that bundled package.
   5. We may alter or amend the terms and conditions at any time to comply with changes in regulatory requirements or by reason of changes in the terms of business or working practices of our suppliers or developments in technology upon giving you not less than twenty one (21) days' notice in advance by post, email, and/or by posting the alteration on our website at www.simplyHosting.com/company-terms.html, setting out the reasons for this alteration and the date it is to take effect. If we send the notice by post or email we will send it to the address last notified to us (see clause 2 for your obligation to keep your information up to date). Except where the change is as a result of legislative or regulatory requirements, if you do not wish to continue with the service as a result of the change to the terms and conditions, you may terminate the Contract without penalty by giving us written notice to reach us not less than seven (7) days before the date when the alteration to our terms and conditions is to take effect. If we do not receive such a notice from you prior to that date, and/or if you continue to use the service after sending us a notice, you will be deemed to have accepted the alteration.
   6. We reserve the right to refuse orders for any reason. Where we do refuse an order, we will notify you that the order will not be processed. If the order has been processed and you have paid our charges, they will be refunded.
2. Provision of Information - Your Obligations
   1. You agree to:
      1. provide certain true, current, complete and accurate information about yourself as required by the application process; and
      2. maintain and update the information you provided to us when purchasing our services as necessary to keep it current, complete and accurate.
      3. We rely on this information to send you important information and notices regarding your account and our services, for example, information relating to the impending expiration and renewal date of a domain name or other service.
      4. We will not be liable in respect of the non-renewal of a service or registration of a domain name if you do not receive our renewal notice having failed to notify us of new contact details.
      5. You must ensure that all information submitted is correct as we may not be able to rectify errors.
3. The Services
   1. We may need to change the service as a result of legislative, regulatory or other changes requiring us to do so. We will endeavor to provide you with twenty one (21) days' notice in advance of such alteration taking effect, but cannot always guarantee to do so.
   2. We may also need to temporarily suspend the service without notice in order to repair, maintain or improve the service or our network, or in an emergency. If we need to do this, we will try to keep you informed and will try to keep interruptions to a minimum, but we cannot always guarantee to do so.
   3. The provisions of this clause relating to your obligations are intended as guidelines and are not meant to be exhaustive. Generally, conduct which violates law, regulation or applicable code of practice, or which is reasonably considered to be offensive, defamatory, blasphemous, obscene, abusive, derogatory, of a pornographic nature or otherwise unacceptable, or which is in breach of data protection and privacy principles, or which infringes the intellectual or proprietary rights of any third party, whether or not expressly mentioned in this clause, is prohibited. We reserve the right at all times to prohibit and/or suspend activities that damage or could potentially damage its commercial reputation and goodwill or that of third parties.
   4. Unless otherwise specified services do not include back up of your data. You are responsible for the back up of your own files and data for your own internal network and all equipment that is connected to the Internet. In particular, it is your responsibility to ensure that your firewalls and anti-virus protection are kept up to date and are sufficient for your needs.
   5. We may record calls or monitor them for training and security purposes.
4. Duration
   1. Unless otherwise specified the Contract will start when we accept your order for service(s), which we will acknowledge in writing by sending you an email to the email address notified to us in your order and will continue in accordance with the terms applicable to a particular service and for the subscription period applicable to the service(s) in question (as displayed on our website at www.simplyHosting.com/pricelist/ from time to time and confirmed by us in writing).
   2. At least four (4) weeks prior to expiration of the applicable subscription period, we will remind you of the impending expiration of the service by notice to the then current email and postal address specified by you on your account. The service will lapse unless we receive payment for the extended term of the subscription. We will not be liable in respect of the non-renewal of a service if, having sent you a renewal notice, we do not receive notice of renewal and the applicable payment, or if you fail to notify us of a change of contract details.
   3. The Contract (and any subscription for service(s)) may be terminated early by you or us pursuant to clause 6 of these terms and conditions.
5. Charges and Payment Methods
   1. Charges are payable as specified in the specific terms and conditions relating to the service(s) in question and are due on an ongoing basis until this Contract is terminated.
   2. The charges are inclusive of any third party disbursements that we may make on your behalf, for example registration fees payable to the applicable domain name registry.
   3. All applicable taxes are payable in addition to the charges for the service(s).
   4. If you do not make payment on the due date, we will:
      1. be entitled to charge you interest on the amount owing (both before and after judgment) on the amount unpaid at the rate of 4% per annum above the base rate from time to time of HSBC Plc, such interest accruing on a daily basis from the date that payment falls due until the date that payment is made in full, and/or
      2. suspend the service(s) until payment is made in full, and/or
      3. terminate the Contract in whole or in part and cease providing the service(s).
   5. Please refer to our web site for our refund policy (www.simplyHosting.com/legal.html)
   6. any payment paid to us by you in payment of the request and/or services, is not honored for any reason:
      1. registration and/or the service to which the payment relates will be suspended pending payment of the outstanding account in full together with a "failed payment" charge of $25.
      2. you will not be able to register new domains or set up new services or transfer services away but services already paid for will continue to operate. The commencement date of the Contract is the time of the order. Monthly and auto-renewable services may be terminated by not less than ten (10) working days notice, via your online Account with us, expiring on your billing date for the product specified in your Account with us.
   7. Where you have made duplicate or multiple payments in respect of a product or service and then require a duplicate payment or multiple payments to be refunded, SimplyHosting reserve the right to charge a $10 admin fee prior to a refund being issued or deduct a $10 admin fee from any refund issued. For the avoidance of doubt, the $10 admin fee will be deducted from each individual payment that is being requested for refund.
   8. Where a payment is made to us via bank transfer of any kind, all bank charges incurred will be your responsibility.
   9. Renewals
      1. Where you have opted for payment method “auto-renewal,” we will advise you of the impending expiration of the services and give you notice that we will be automatically charging your Credit/Debit card. The notice will be sent to the then current email address specified by you on your Account.) In the event the payment fails, we will notify you via email and it will be your responsibility to make alternative payment arrangements for your service renewal. We will not be liable in respect of the non-renewal of a service if, having sent you a renewal notice, we do not receive notice of renewal and the applicable payment, or if you fail to notify us of a change of contact details.
      2. It is your responsibility to ensure that any products/services which you have selected to auto renew through your account with us, have valid up-to-date credit/debit card details assigned to it/them at all times. We cannot be held responsible for failed payments or loss of any product or service(s) as a result of invalid, expired or missing credit/debit card details.
6. Termination and Suspension
   1. The Contract may be terminated by you:
      1. at the renewal date by not renewing the subscription in accordance with clause 4b and/or
      2. with immediate effect on giving us written notice of termination, if we are in material breach of any obligation under the Contract and, where we can remedy that breach, have failed to do so within thirty (30) days of receiving notice from you specifying the breach and requiring its remedy; and/or
      3. immediately upon written notice if we become insolvent, a receiver is appointed over the whole or any part of our assets, enter into any composition arrangement with creditors, or have an order made or resolution passed for us to be wound up.
      4. on a change to the terms and conditions, by serving us notice in accordance with clause 1d.
   2. We shall be entitled to terminate the contract immediately on serving written notice if:
      1. you do not pay to us by its due date any sum due;
      2. the supply of the service and/or additional services to you may (in our reasonable opinion) expose us to the risk of litigation or other civil proceedings;
      3. you commit any other material or repeated breach of this agreement and, if it is capable of being remedied, fail to remedy such breach within fifteen (15) days from the date of the first notice specifying the nature of the breach and requesting its remedy;
      4. you become bankrupt, enter into an arrangement with your creditors, or have a receiver or administrator appointed over all or any part of your assets.
   3. You acknowledge that, termination of the Contract for any reason will result in us ceasing to provide all the service(s), with all the consequences that flow from such cessation, including (but not limited to), deletion of Hosting account(s) and mailboxes.
   4. If you terminate the Contract during the initial subscription period as specified in the specific terms and conditions applicable to the service, or the acknowledgement of order, as the case may be, we may be entitled to charge you a cancellation fee equivalent to the subscription fee for the initial period, less any sums paid by you for that initial period. Please refer to the specific terms and conditions for more information on this.
   5. We may, at our sole discretion and without prejudice to any rights we may have to terminate the Contract, suspend the provision of the service(s) immediately on sending you written notice if :
      1. we are entitled to terminate the Contract pursuant to 6b, or
      2. we need to comply with an order, instruction or request of government, an emergency services organization or other competent administrative or regulatory authority which affects our ability to provide the service, or
      3. we reasonably believe you will fail to pay any amount due under the Contract
7. Exclusions and Limitations
   1. We will not be liable (whether in contract, tort including negligence, or otherwise) to you for (i) loss or destruction of data, profits, savings or contracts, or (ii) any indirect or consequential loss or damage, profits, savings or contracts, or (ii) any indirect or consequential loss or damage, costs, expenses or other claims for compensation relating to the use or the inability to use or in any other way related to or in connection with the provision of the service.
   2. We undertake to use reasonable care in maintaining and monitoring our systems and services but, where we use such reasonable care, we will not be liable for any damages or losses whether direct or indirect that you may suffer as a result of service or systems failure caused by systems or services under our control which result in our systems or services being available for you to use for less than 99% of the time they should be available under the Contract. Where such systems or service failure is caused by systems or services not under our control, we will not be liable for any damages or losses whatsoever.
   3. We will not be liable for the loss of any emails sent to mailboxes of any configuration or sent from email accounts related services provided by us. We will not be responsible for any email stored in mailboxes provided by us. Your only expectation is of preserving email downloaded from mailboxes provided by us.
   4. Our liability to you under this Contract (including, for the avoidance of doubt, but not limited to the service level agreement and the refund policy) will not exceed the total amount you have paid to us in the six months prior to any incident which has caused us to be liable to you.
   5. While we make regular maintenance updates to our systems, firewalls and services, it is your responsibility to ensure that your system is adequately protected from viruses, worms or other disabling devices. We will not be liable for any damages or losses whether direct or indirect that you may suffer as a result of any virus, Trojan horse or other disabling device that affects services or systems, whether under our control or otherwise, caused by your failure to adequately protect its system.
   6. You and we expressly exclude any rights of third parties who may otherwise be entitled to enforce the terms of the Contract as if they were a party to it.
   7. We accept liability for death or personal injury caused by our negligence without limit and none of the limitations contained in this clause 8 apply to such liability.
   8. Your statutory rights relating to the use of reasonable care and skill in the provision of the service are not affected by the terms and conditions of the Contract. For further information about your statutory rights contact your local authority Trading Standards Department or Citizen's Advice Bureau.
8. Indemnity
   1. If you are in breach of our Acceptable Use Policy (www.simplyHosting.com/legal.html) we may for example be sued for defamation or be prosecuted for obscenity. If you are in breach of the Acceptable Use policy you shall indemnify us fully and effectively from all liability, losses, costs (including legal costs) and expenses suffered or incurred by us as a result.
9. Complaints
   1. If you have a complaint about any aspect of the service(s) please see our Code of Practice (www.simplyHosting.com/legal.html) for more information on our complaints procedure
10. Personal Information
    1. By registering for the service(s) you consent to us using and/or disclosing any personal information as follows:
       1. for processing your application, which may involve a credit check which, in the case of an individual, may record that a credit check has been made and disclosing your personal and account information to a bank for the purposes of setting up a direct debit arrangement; and
       2. If necessary, providing or arranging for third parties to provide customer care facilities and bill you for the service, which may involve disclosing your personal information to third parties solely for those purposes.
       3. We may retain information that you provide and from time to time may use this information to offer you other services that we feel may be of interest to you both from us and other companies. We may contact you by post or email. If you do not wish to receive this information please let us know either by email using the unsubscribe link given on our mailings and we will amend our records.
11. Notices
    1. All notices which are required to be given under the Contract must be sent as follows:
       1. To us by logging an enquiry through your Online Control Panel or by writing to us at the address shown in your Online Control Panel.
       2. To you by email transmission or first class mail to the email or postal address registered on the Contact Details page of your Online Control Panel on the date when notice is sent (see clause 2 for your obligation to keep your information up to date)
    2. Any notice delivered to you shall be deemed to have been received by you:
       1. by email transmission on the date notice is sent;
       2. by first class mail three working days after the date notice is sent
    3. Any notice delivered to us by logging an enquiry through your Online Control Panel and/or by first class registered post shall only be deemed to have been received and accepted by us on acknowledgment to you by email (this does not include any auto responder sent by us) or by signing for the registered post.
12. General
    1. You may not transfer or sub-license the Contract or the service(s).
    2. If any provision of this Contract is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that will not affect or impair:
       1. the legality, validity or enforceability in that jurisdiction or any other provision of this Contract; or
       2. the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Contract.
    3. Any delay or failure by either of us in enforcing any right under the Contract is not a waiver of that right and will not prevent that right or any other right or remedy from being exercised or enforced.
    4. In the Contract we are independent contractors and nothing in the Contract will give rise to any joint venture or partnership between us.
    5. The provision of the service(s) and the application of these terms and conditions and interpretation of the Contract are governed by English law and subject to the jurisdiction of the English courts.
    6. Neither of us shall be liable for any breach of our obligations hereunder where the breach results from causes beyond our control including, without limitation, restrictions of a legal or regulatory nature ("force majeure") and we have acted reasonably and prudently to prevent and to minimize the effect of such causes. For the avoidance of doubt, where you suffer a force majeure event, you shall still be liable to pay any charges or fees which become due and payable for services supplied by us during the event of force majeure. For the avoidance of doubt, where we suffer the event of force majeure, you shall not be liable to pay for services not delivered by us.

SCHEDULE A

Terms and conditions relating to our Domain Name Registration Service

1. Orders
   1. Your order must be submitted to us using either the on-line order form or through one of our representatives and must indicate the domain names that are to be registered, full details of the registered proprietor, and, where the domain name ends in .ltd.uk or .plc.uk, inform us of a valid company registration number for the proposed registered owner of the domain name.
   2. You must ensure that all information submitted is correct as we may not be able to rectify errors.
   3. You are responsible for ensuring that you have complied with the registration criteria and obtained all consents and authorizations necessary in respect of the registration or transfer of the domain names.
   4. We reserve the right to refuse orders for any reason. Where we do refuse an order, we will notify you that the order will not be processed. If the order has been processed and you have paid our charges they will be refunded.
   5. We will endeavor to meet any dates agreed for the obtaining of the names and domains specified by you, but this date is an estimate only and we will not be liable for any delay.
   6. If we accept your order, the processing of your request will start immediately.
2. Services
   1. We provide domain name services on an "as available" basis. Our acceptance of your application to register a domain name is not an acknowledgement by us that the domain name is available. The success or failure of domain name registration depends on many factors outside our control and we cannot therefore guarantee that your application will be successful. Your application to register the domain name is therefore subject to the successful registration of the domain name at the applicable domain name registry/registrar. A successful registration is shown by the domain name being displayed on the WHOIS directory or the registry/registrar as being registered to you.
   2. Subject to paragraph 4 (c) below if a domain name is not successfully registered with the registry/registrar or if we do not accept your order for whatever reason, we will refund the registration fee you paid to us. However, we will not be liable to you for any loss or damage arising or resulting from any inability to register the domain name or from us not accepting your order and we will not be responsible for any costs incurred or other steps taken by you in anticipation of the registration or transfer of a domain name prior to receipt of official confirmation of such registration or transfer. Neither will we be liable to refund the registration fees if, for any reason after registration, you have to relinquish the domain name or if you cancel your order.
   3. You should note that any domain name registered, whether or not by us, may subsequently be challenged and/or cancelled by parties other than us.
   4. The Customer Client accepts and recognises that Simply Hosting will publish courtesy pages containing advertisements on the Domain name of the customer in the absence of Customer's content; the Customer is free to remove the courtesy page at his/her sole discretion using the tools at his/her disposal. The Customer accepts and recognises that he/she will not be provided any kind of remuneration in relation with the courtesy pages.
   5. You agree that we will be registered as the Administrative Contact for all domain names registered for you or held on your behalf.
   6. You agree that we may, at any time and without notice, change the domain name Registrar or other supplier with which/whom we manage your domain name(s).
   7. To do so may require us to perform a "Registrar Transfer". In which case, you authorize us to act on your behalf in this regard and transfer the domain name(s) to our chosen supplier. You agree that any transfer authorization emails will be dealt with by us as the authorized Administrative Contact for the domain name(s).
   8. We will endeavor to perform such transfers in a transparent manner, with no service disruption or the loss of any domain management facilities previously available to you.
   9. You acknowledge that by us performing a Registrar Transfer, the domain name(s) will be blocked from transferring to any other domain name registrar for a period of 60 days from the date the transfer is completed.
3. Charges and Payment
   1. We require payment in advance for the registration and renewal of all domain names.
   2. Our charges for registration and renewal, which include third party disbursements (for example the registry/registrar fees), can be viewed at www.simplyHosting.com/pricelist/ or by contacting us on [Insert Phone #].
   3. The disbursements and our charges represent the initial costs for the registration of a domain name and you acknowledge that continued use of a domain name may expose you to additional charges payable to the local domain name registry/registrar, for example on renewal. You are liable for any such charges. The charges and disbursements charged to you will remain fixed for the initial term of the Contract (such as twelve (12) months or twenty-four (24) months as applicable or notified to you). You will be given at least 4 weeks' notice of changes for the renewal term.
   4. Our charges for transferring a domain name are in accordance with paragraph 7 of this Schedule A.
   5. No refund will be given if:
      1. termination takes place within the existing registration period of the domain name.
      2. the domain name was renewed through the renewal template of the registry/registrar.
   6. You acknowledge that if you upgrade your .com, .net, .org, .biz, .info or .mobi domain name(s) to include the Private Registration service the fee is non-refundable as once an upgrade has been processed we will not receive any refund from the Registry/Registrar should the Private Registration service be cancelled by you.
   7. You acknowledge that the Private Registration service can only be purchased for whole year periods and will run from the point at which you upgrade, until the domain(s) current renewal date.
4. Cancellation
   1. Once we start processing your request, it may be cancelled subject to you paying our full fees and any Local Administration Costs incurred by us on your behalf. For the avoidance of doubt, any fees paid will not be refunded.
   2. You are entitled to cancel an order for a domain name if we have not started processing the order, subject to your paying a cancellation charge of £10.
   3. Refund requests following cancellation are generally dealt with and processed weekly. Where you have paid us by credit/debit card for the purchase of the service, we will endeavor to issue the refund to the credit/debit card used. In cases where this is not possible, a check will be raised to the company name in the first instance on your account. If no company name is stored, the check will be made payable to the individual's name held on the account.
   4. Registration criteria for each domain name are displayed on the domain name search results page, www.simplyHosting.com/order/domains/ If you continue to process your order after seeing the specific requirements but do not meet them you will only be entitled to a refund of 70% of the transaction cost. We will retain the balance as a contribution towards the administrative and other costs we have incurred.
   5. Where you have chosen not to renew a domain name with an international suffix, the domain registry/registrar may require you to complete and submit a domain name cancellation form before the domain name can be cancelled in its entirety.
   6. Under these circumstances we will forward to you any form(s) for signature and you must return it/them to us. You accept that it shall be your responsibility to ensure that we are in receipt of the completed form.
   7. Failure to complete and return the cancellation form to us will result in the international domain name being renewed by the registry/registrar at cost to us. This cost, and any additional costs that the registry/registrar may impose on us, will be invoiced to you and should be paid immediately on receipt of such invoice. You accept that we reserve the right to engage a third party debt collection agency in order to obtain any outstanding monies.
   8. You accept that the international domain name will not be cancelled, even if you have given us written confirmation that you do not wish to renew the international domain name, until such time as the registry/registrar are in receipt of your completed form and that you will be responsible for all ongoing costs in relation to the international domain name until such time as the registry/registrar have acknowledged to us that your international domain name has been cancelled in its entirety.
5. Domain name Registry/Registrar and Indemnity
   1. You agree and acknowledge that registration and use of the domain name is subject to the acceptable use policies, rules and/or other terms and conditions of the registry/registrar. By submitting the order form to us, you agree to be bound by any such policies, rules and/or other terms and conditions and to fully and effectively indemnify us in respect of all losses, costs, expenses or liability suffered or incurred by us as a result of or arising out of any breach of these policies, rules and/or other terms and conditions. It is your responsibility to familiarize yourself with the policies, rules and other terms and conditions of the registry/registrar. Purchase of a .uk domain name indicates your acceptance of the terms and conditions of the registry, Nominet UK, which can be found at http://www.nominet.org.uk/nominet-terms.
   2. The Registrant has rights and obligations that have been established by the ICANN and which can be found at the following URL http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm
6. Duration and Renewal
   1. It is the Customer's sole responsibility to ensure that all of his/her registered domain names are renewed prior to their expiration dates. Once the Domain name expires, all associated services will be deactivated (hosting, email etc.). The Customer accepts and recognises that once a Domain name expires, he/she loses all rights on it.
      1. For gTLDs registered with Simply Hosting only and when it is possible under the relevant Authority regulations, in case the Customer doesn't renew the domain name before the expiry date, the domain name will be held in the Customer's account at Simply Hosting for 20 days following the expiration date ("Expiration Period") and the Customer may renew the domain name at any time during this period by paying the applicable registration fees and any past-due renewal fees. During the Expiration Period Simply Hosting may publish courtesy pages containing advertisements on the Domain name of the customer. The Customer accepts and recognises that he/she will not be provided with any kind of remuneration in relation with the courtesy pages.
   2. The Customer accepts and recognises that once this Expiration Period is over, he/she loses all rights on the domain name. For gTLDs registered with Simply Hosting only and when it is possible under the relevant Authority regulations, at the end of the Expiration period, the Customer formally accepts that Simply Hosting reserves the right, at its own discretion, to either:
      1. transfer the property of the expired domain to its own name or to the name of any of the companies of the Dada Group and to renew the domain to its own name. The Customer hereby accepts that Simply Hosting or the companies of the Dada Group will then become the legal Registrant of such domain name and have all the corresponding rights. Only in that case, the Customer will have the possibility to get the domain name backup to 90 days after the expiry date of the domain name, by paying all the applicable fees. Simply Hosting will then transfer the property of the domain back to the Customer. After the end of the 90-day period, if the Customer doesn't exercise the rights under this provision, he/she will be deemed to have abandoned the domain name services, and to relinquish all interests and use of the domain name services; or
      2. renew the expired domain name at Simply Hosting's costs, keeping the Whois data unchanged, and following the express approval of the Customer. In such case, all the Services associated to the Domain name will be deactivated (hosting, email etc.) and a courtesy page containing advertisements will appear. The Customer accepts and recognises that he/she will not be provided any kind of remuneration in relation with the courtesy pages. The Customer will remain the legal registrant of the domain, and he/she will be able to get the domain name back and recreate the associated services by ordering the domain name and the services at the price and under the contractual conditions applicable at the time of the Customer orders; or
      3. place the domain name under the "Redemption period" status shortly after the Expiration Period. In such case, the Customer will have the possibility to renew the domain name by paying all the applicable fees and any past-due renewal fees. If the domain name is not renewed by the Customer during the Redemption Period, the domain name will be deleted at the Authority and can be registered by anyone;
      4. or, to delete the domain at the Authority. In such cases, the domain will be released and can be registered by anyone. Simply Hosting declines any and all liability in case the domain name is registered by any third-party. The Customer remains solely responsible for the non renewal of the domain name before the expiry date and for any consequences that may arise.
   3. The Customer formally accepts that it is Simply Hosting's exclusive decision to opt for one or another of the options listed above. The Customer has no right whatsoever on such options and waives any right of contestation or claim in that respect.
      1. For ccTLDs, the Domain name expiration process will follow the relevant Authority regulations and processes. The Customer accepts and recognises that once a ccTLD expires, he/she loses all rights on the Domain name.
   4. A domain name, once registered, will fall due for renewal at the expiration of the registration period. We will notify you of the registration period applicable to your chosen domain names. It is your responsibility to monitor the renewal date of your domain name and ensure that we receive payment by the date it is due. You may advise us through one of our representatives or Online that you do not wish to be reminded of renewal dates in which case we shall have no liability to you if you fail to renew.
   5. We require payment for the renewal of the domain names prior to the renewal date for the ongoing registration of those domain names. We reserve the right not to make payment to the registry/registrar unless payment has been made by you to us for this renewal.
   6. Unless you have notified us that you do not wish us to send you reminders of renewal dates, our sole obligation in relation to the renewal of domain names is to issue one reminder to you at your last notified email address and postal address about the renewal date of the relevant domain name. This obligation will lapse if your registration of the domain name lapses or terminates for any reason. We will not be liable in respect of the non-renewal of a domain name if, having sent you a renewal notice, we do not receive notice of renewal and the applicable payment, or if you fail to notify us of a change of address.
   7. The Contract is subject to the provisions relating to early termination in the general terms and conditions.
7. Transfer
   1. Any request to transfer a domain name from us to a new provider must be done through your on-line control panel. If the panel advises you to contact us then your request for a transfer must be accompanied by written confirmation from you that you consent to the transfer. This confirmation must also include any additional information which we reasonably request.
   2. Where the transfer of any domain name has to be effected by your new provider, then, subject to your compliance with the terms of the Contract, we will co-operate with the new provider to allow the transfer to take place.
   3. We will only agree to the transfer to another service provider where you do not owe us any sums in respect of our domain name services, where you pay any applicable transfer fee to us (see www.simplyHosting.com/pricelist/) and where you have provided us with all the necessary information to effect the transfer. You must ensure that all information provided is correct as we may not be able to rectify errors.
   4. On receipt of a transfer request, we will use our reasonable endeavors to process the transfer request, but will not be responsible for any delay in effecting such transfer due to acts or omissions of your current provider or new provider (as applicable) or the registry/registrar.
   5. If you require us to effect a change of registrant, we will advise you of the procedure and cost.
   6. Where a .uk domain is transferred to us, it is your responsibility to ensure you have an account with us and you have followed our .uk transfer in process in order for us to be able to accept and complete the domain transfer on your behalf. We cannot be held responsible for any domain name(s) that is/are rejected when you have not completed the .uk transfer in process through your account with us. If at any time the domain name needs to be removed from the account created and placed in another account with us (ie a reseller's account) then we will require authorization from the legal registrant for the domain name for this to occur.
   7. When requesting the transfer of a gTLD domain name to our management, you acknowledge that:
      1. The domain name has been unlocked (if applicable) and the current provider is aware of, and willing to approve, the outbound transfer.
      2. Submission of a domain name transfer request to us does not guarantee that the transfer will be successful.
      3. Until such time as you receive a transfer completion notice issued by us, management of the domain name(s) being transferred remains your sole responsibility. This includes meeting renewal deadlines and paying any amounts owed to the existing provider.
      4. The transfer fee is valid for 60 days. If, after 60 days, we have been unable to transfer the domain name, the transfer fee will become payable again if you wish the transfer to continue.
8. Indemnity
   1. You will indemnify us against all costs, claims, damages and losses incurred by us as a result of:
      1. any claims that any of the domain names infringe the intellectual property rights of any third party;
      2. any errors in any information provided by you in relation to any domain name transfers or registrations; and
      3. any act or omission by us in reliance on any information provided by you.
9. Disputes
   1. If we become aware of any dispute with any other person or business or organization regarding the domain names or any other of your domain names, we may, at our sole discretion, and without notice or liability to you, cease any further use or service of such domain names including, without limitation, deleting or suspending them from our computer systems, and/or making appropriate representations or providing information to any relevant authority or interested party.
10. Interpretation
    1. If there is any conflict between the Contract and the terms and conditions of the registry/registrar, the terms and conditions of the registry/registrar will take precedence.
11. Malware Scans
    1. “Malware” means any programming (code, scripts, active content, or other computer instruction or set of computer instructions) designed, or is intended, to (i) block access to, prevent the use or accessibility of, or alter, destroy or inhibit the use of, a computer, computer program, computer operations, computer services or computer network, by authorized users; (ii) adversely affect, interrupt or disable the operation,security, or integrity of a computer, computer program, computer operations, computer services or computer network; (iii) falsely purport to perform a useful function but which actually perform a destructive or harmful function or perform no useful function but consume significant computer, telecommunications or memory resources; (iv) gain unauthorized access to or use of a computer, computer program, computer operations, computer services or computer network; (v) alter, damage,destroy, monitor, collect or transmit information within a computer, computer program, computer operations, computer services or computer network without the authorization of the owner of the information; (vi) usurp the normal operation of a computer, computer program, computer operations, computer services or computer network; or (vii) other abusive behavior. Malware includes, without limitation, various forms of crimeware, dialers, disabling devices, dishonest adware, hijackware, scareware, slag code (logic bombs), rootkits, spyware, Trojan horses, viruses, web bugs, and worms.
    2. Registrants and Customers hereby formally agree to the following:
       1. Permit the registry to perform, in its unlimited and sole discretion, scans or other views of websites for the purpose of detecting Malware or as necessary to protect the integrity, security or stability of the Registry systems (“Malware Scans”);
       2. Ensure all communications with or to the Registry systems, the Registry, any other registry operated under an agreement with ICANN, or any ICANN-accredited registrar and all software, systems, or hardware used, shall be free of Malware. In the event any such Malware is introduced, Registrants and Customers will employ all necessary measures to eradicate the Malware and reduce the effects of the Malware at Registrant’s / Customer’s sole cost and expense, the Registrant and Customer recognize and accept that the Registrar reserves the right to take all necessary action to eradicate the Malware;
       3. Hereby grant the Registry all necessary licenses and consents and obtain such licenses and consents from all holders of rights in all websites, to permit the Registry or its agent(s) to (a) perform, in Registry’s unlimited and sole discretion, Malware Scans; (b) collect, store, and process data gathered as a result of such Malware Scans; (c) disclose the results of such Malware Scan (including all data therefrom) to Registrar or its agents or designees; and (d) use the results of such Malware Scan (including all data therefrom) in connection with protecting the integrity, security or stability of the Registry systems and the Registry; and
       4. Agree that the results of any Malware Scan identifying Malware or potential Malware shall not be deemed to be confidential or proprietary information of Registrar, Registrant, Customer or other rights-holder.
    3. The Registry disclaims any and all warranties, representations or covenants that such Malware Scan will detect any and all Malware or that the Registry is responsible for notifying Registrar, any Registrant or any other person or entity of any Malware or cleaning any Malware from any systems. Registrant and Customer shall indemnify, defend and hold harmless the Registry and its affiliates, suppliers, vendors and subcontractors, and ccTLD registry operators providing services with respect to the Domain Name, and their respective employees, directors, officers, representatives, agents and assigns (“Registry Affected Parties”) from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to, for any reason whatsoever, any Malware Scan, the failure to conduct a Malware Scan, the failure to detect any Malware, or the use of any data from Malware Scans. Registrant and Customer will not enter into any settlement or compromise of any such indemnifiable claim without the Registry Affected Party’s prior written consent.

SCHEDULE B

Terms and Conditions for the Provision of Email Services and WebMail Services

1. Orders
   1. Your order must be submitted to us using either the online order form or through one of our representatives. The services must be used in conjunction with a registered domain name.
   2. Once we start processing your request, it may be cancelled subject to you paying us our full fees incurred by you on your behalf. For the avoidance of doubt, any fees paid will not be refunded. Our refund policy does not apply to this situation.
2. Services and Charges
   1. Details of our services and our price list will be found on our web site at www.simplyHosting.com/pricelist/
3. Duration
   1. The Contract for email and WebMail services will be for a period which depends on the package chosen ("Minimum Term") starting at the time the order is accepted after which it will expire unless it is renewed for a subsequent period . This is subject to the provisions for early termination set out in the general terms and conditions.
4. Consequences of Termination
   1. On termination for any reason, we will cease providing the services and your mailboxes will be deleted.
   2. If the termination is during the Minimum Term you will be liable to pay us the charges that would have arisen from the date of termination till the expiration of the Minimum Term.
   3. You acknowledge that with regard to the purchase of email services and WebMail services, whether purchased annually or multi-year from us, eighty per cent (80%) of our charges relate to administration charges and are non-refundable. Twenty per cent (20%) of our charges relate to the ongoing cost for the email and WebMail services . On the cancellation of annual or multi-year email services or WebMail services after the end of the Minimum Term the refund will be calculated on a pro rata basis of the twenty per cent (20%). Renewals of any annual or multi-year email services and WebMail services will be on the same eighty per cent (80%) twenty per cent (20%) basis.
   4. If you have a monthly package you are not eligible for a refund.
   5. Please refer to our Refund Policy (www.simplyHosting.com/legal.html).
5. Mailbox
   1. Each mailbox has a storage quota. This may be by reference to the number of emails held, the size of attachments, or other methods we may specify. This is in place to protect your account and other accounts from potentially large volumes of email sent to a single address that could materially affect the email system server. Additional storage can be purchased through your control panel. It is your responsibility to ensure that your mailbox does not reach its allocated level. We will not be liable for any email lost due to full mailboxes. You can check your mailbox capacity from your control panel.
   2. We may occasionally need to change these limits either for operational reasons, or because we reasonably believe you have not been using the services in accordance with our Acceptable Use Policy (www.simplyHosting.com/legal.html). If we do so, we will endeavor to give you twenty-one (21) days advance notice of the new limits by email and after that notice expires we may refuse to accept material and/or remove materials which exceed the relevant limits. Your emails will be stored on our clustered mail services until they are removed from our server.
   3. It is your responsibility to keep your password confidential and to change the password on a regular basis. We will not be liable for any data losses or security issues due to stolen or insecure passwords.
6. Service Availability
   1. We monitor themail platform as a whole but do not monitor individual mailboxes. The server uses SMTP, a "store and forward" email protocol, to receive incoming and deliver outbound messages. By default, themail platform attempts to deliver messages on a regular basis. If delivery is not achieved within twelve (12) hours, a delay notification is emailed to the sender. If delivery is not achieved within four (4) days, the message is returned to the sender.
7. Storage Capacity
   1. Each account is allotted an aggregated storage capacity initially equal to the total storage capacity of all themailboxes of that account.
8. Maintenance
   1. In order to ensure good performance of the servers, we need to perform routine maintenance. This may mean that we need to take our servers off-line. Where possible, we perform such maintenance during off-peak hours. We will try to give you advance notice of any maintenance which requires the servers to be taken off-line by sending you an email to your notified email address on your Account or by posting an announcement on our service status page on our website.
9. Security
   1. We try to ensuremailbox security and integrity of data at all times. However, despite our efforts, problems may occasionally arise. Where a problem does arise with a specific mailbox, it is your responsibility to inform us of this and we will use all reasonable efforts to resolve the problem. However, we do not guarantee that we can restore any lost or corrupted data and we will have no liability for the loss or corruption of any data. It is your responsibility to ensure that you back up your data as necessary for you.
   2. We provide anti-virus and anti-spam services for incoming email. This service can be enabled and configured via the Online Control Panel. While we do our best to remove all viruses and spam, we cannot guarantee that we will catch them all nor that no virus will reach your computer. We also cannot guarantee that non-spam messages will never be marked as spam.
10. Ownership of Data and Indemnity
    1. All data created or stored by you within our applications and servers are your property.
    2. We will allow access to such data only by our authorized personnel.
    3. You will indemnify us and keep us indemnified against any claim, loss or damage in respect of any web server content, email content or any other data contained within your server space or within applications on our servers.
11. Use of Email Account
    1. If we identify a mailbox or domain name that is transmitting illegal, offensive, abusive, derogatory, defamatory, obscene or infected content, or for the purposes of sending bulk or unsolicited emails, or being used contrary to our Acceptable Use Policy (www.simplyHosting.com/legal.html), or otherwise causing problems, we will either remove the offending mailboxes or change their settings to resolve the issue. In certain cases we will, at our discretion, disable email or suspend all services to the domain as appropriate.

SCHEDULE C

Terms and conditions for the provision of Website Hosting services

1. Orders
   1. Your order must be submitted to us using either the on-line order form or through one of our representatives. The services must be used in respect of a registered domain name.
   2. If we accept your order, the processing of your request will start immediately.
2. Services
   1. Details of our services can be found on our web site at www.simplyhosting.com
   2. We aim to set up Website Hosting within 20 minutes of receiving your order and will send you an email to advise you of your user name, password and other information to the email address supplied at the time of order.
   3. You acknowledge that unless otherwise agreed in writing with us, any set up time ("delivery date") we give to you is a guideline only and we do not guarantee that it will be met.
   4. If you reasonably believe that the service delivered to you on the actual delivery date does not meet the specifications, you must notify us of this within ten (10) Working Days of the delivery and we will then use all reasonable endeavours to resolve the issue within ten (10) Working Days. "Working Day" shall mean a day falling on a Monday to Friday which is not a bank or public holiday.
   5. If you do not notify us of any failure within ten (10) Working Days of delivery or, where we have carried out remedial work pursuant to paragraph 2c of this Schedule C above, within ten (10) Working Days of us completing that remedial work (as notified to you by us), you will be deemed to have accepted the service as delivered.
   6. We reserve the right to amend the service, at any time, provided that this amendment does not materially detrimentally affect the service.
   7. We may occasionally impose limits on your storage space or data activity if we impose any limits, we will give you twenty four (24) hours advance notice of any limits by email.
3. Charges
   1. Details of our charges can be found on our web site at www.simplyhosting.com/pricelist/
   2. You are responsible for ensuring that your bandwidth does not exceed the allowances set as part of your package/service.
   3. If your bandwidth either exceeds the allowance set as part of your package/service or reaches the point where it has an adverse effect on other customers we reserve the right to:
      1. disable your site, without prior notice, until you can reduce your bandwidth usage; or
      2. charge you for excess bandwidth usage, over and above your package allowance, as published by us from time to time.
   4. 1. You acknowledge that with regard to the purchase of Website Hosting services, whether purchased annually or multi-year from us, eighty per cent (80%) of our charges relate to administration charges and are non-refundable. Twenty per cent (20%) of our charges relate to the ongoing cost for the hosting service. On cancellation of annual or multi-year hosting services after the end of the Minimum Term the refund will be calculated on a pro rata basis of the twenty per cent (20%). Renewals of any annual or multi-year hosting services will be on the same eighty per cent (80%) twenty per cent (20%) basis.
      2. You acknowledge that in regard to the cancellation of Website Hosting purchased on a monthly basis, from us, no refund will be payable on a pro-rata basis or otherwise.
4. Duration
   1. The Contract for Web Hosting Services will be for a period which depends on the package chosen ("Minimum Term") starting at the time the order is accepted after which it will expire unless it is renewed for a subsequent period. Monthly and auto-renewable services may be terminated by not less than ten (10) working days notice, via your online Account with us, expiring on your billing date for the product specified in your Account with us.
5. Consequences of termination
   1. On termination for any reason, we will cease providing the services and your Website will be deleted.
   2. We shall be entitled to payment of any charges set out in paragraph 3 of this Schedule C
   3. Please refer to our Refund Policy (www.simplyhosting.com/legal.html).
6. Maintenance
   1. In order to ensure good performance of the servers, we need to perform routine maintenance. This may mean that we need to take our servers off-line. Where possible, we perform such maintenance during off-peak hours. We will try to give you advance notice of any maintenance which requires the servers to be taken off-line by sending you an email to your notified email address or on our network status page at www.simplyhosting.com/network_status.html and we will try to keep interruption to a minimum.
   2. We also may need to, and reserve the right to, suspend the service if you exceed your maximum bandwidth transfer quota as notified to you.
7. Storage Capacity
   1. Each package/service is allotted an aggregated storage capacity initially equal to the total storage capacity of all the mailboxes of that account and website files.
   2. You hereby accept that the sole purpose of the Web Hosting Services is the hosting of website files on our servers and platforms. You acknowledge that it is strictly forbidden to use the storage capacity allotted for any other purpose, such as, but not limited to, for the storage, backup, or archive of electronic files, documents, log files etc. We reserve the right to suspend the services and/or to cancel the contract in such case.
8. Security
   1. We try to ensure server security and integrity of data at all times. However, despite our efforts, issues may occasionally arise which are beyond our reasonable control. Where an issue does arise with a specific service, we will use all reasonable efforts to resolve the problem. However, we do not guarantee that we can restore any lost or corrupted data and we will have no liability for the loss or corruption of any data. It is your responsibility to ensure that you back up your data as necessary for you.
   2. We scan all files on upload via FTP. While we do our best to block infected files, we cannot guarantee that we will catch them all. We cannot be held liable for any virus infections caused by visits to your site.
9. Ownership of data and indemnity
   1. All data created or stored by you within our applications and servers are your property.
   2. We will allow access to such data only by our authorised personnel as may be necessary to provide the services.
   3. You will indemnify us, hold us harmless and keep us indemnified against any claim, loss or damage in respect of any web server content, email content or any other data contained on our servers or within applications on our servers.
10. Your obligations
    1. You must notify us if you become aware of any unauthorised use of all or any part of the Website Hosting.
    2. You will maintain and keep confidential all user names and passwords and not disclose them to any unauthorised party. If you have any reason to believe that any such confidential information has become known to an unauthorised party, you should inform us immediately.
    3. You undertake to allow us access at all reasonable times to perform maintenance or other actions necessary to ensure continued access to the Internet.
    4. You will be liable for all activities or charges and associated costs resulting from use of the service whether or not authorised by you and you acknowledge that we will not be liable for any loss of data or confidential information or other damage arising from such use.
    5. You represent that you have sufficient technical knowledge to enable you to make use of the service.
11. Liability
    1. You acknowledge that you have sole responsibility and liability for the design and maintenance of the website and for ensuring that it does not infringe the intellectual property or other rights of any third party and is not illegal.
    2. You acknowledge that we have no control over any content placed on your website (either by yourself or by website visitors) and that we do not purport to monitor your website content or software. Without prejudice to our rights of termination in the General Provisions, we retain the right, but shall not under any circumstances be obliged, to immediately and without prior notice to you, remove content or software from your website, or suspend the service, where we become aware or reasonably suspect that such content or software constitutes illegal (including defamatory) material, infringes the intellectual property, or other rights, of any third party, or is in breach of our Acceptable Usage Policy.
    3. We do not guarantee the proper delivery of any email message or other data once it has left the confines of our network, and similarly we do not guarantee that data traffic will be delivered or that its contents will be held secure once it passes out of our control.
    4. Where we supply third party equipment, software or applications, our responsibilities are limited to the level of warranty provided by the third party.

SCHEDULE D

Terms and conditions relating to our Ecommerce Service ("the Service")

This Service Order ("SO") is an integral and essential part of the General Conditions of Service ("GCS"). The GCS and this SO establish the terms and conditions for provision of the Ecommerce Service ("Service" or “Ecommerce”) by Namesco Inc. (‘SimplyHosting’) to the Client. The acceptance and/or the validation of the Order Form by the Client involves full acceptance of the current SO.

1. Definitions

   In this Schedule:

   1. "Service": means the provision of the Ecommerce Solution by SimplyHosting to the Client
   2. "Ecommerce Solution": means the hosting service offered by SimplyHosting allowing the Client to publish and create an online shop without advanced technical knowledge using the Editor’s Software
   3. "Editor": means ePages, owner of the Software used to provide the Ecommerce Solution
   4. "Software": means the program owned by the Editor and delivered by SimplyHosting in the Ecommerce Solution
   5. "Client": means the legal entity entering into this SO
2. Description of the Ecommerce Service
   1. SimplyHosting offers the Client several types of Ecommerce solutions allowing the Client to publish and edit an online shop using the Software edited by the Editor, which website is accessible at the following URL http://www.epages.com/en/.
   2. The Client hereby recognises that he/she acquires only a non-exclusive and non-transferrable licence to use the Software, valid only for the duration subscribed to by the Client.
   3. The Client hereby officially accepts to comply with the terms and conditions of use of the licence established by the Editor accessible at the following URL http://www.epages.com/en/about-us/tc/.
   4. The Client commits not to infringe or violate the Editor’s rights on the Software in any way, in particular, the Client commits not to copy, modify, adapt, redistribute, decompile, create derivative works, disassemble, etc. the Ecommerce Software in any way.
   5. The Client accepts that the Ecommerce Software is not modifiable. The Editor has the exclusive right to modify the code of the Software. The Client accepts that the Software is delivered “as is” without any warranty of any kind including, but not limited to, fitness to a particular purpose, absence of bug, etc. The Client hereby accepts the software is configurable and manageable only to the extent permitted by the Editor. The Client therefore waives all recourse against SimplyHosting, its’ agents, employees, contractors, affiliates and group companies on these aspects.
3. Responsibilities of the Client
   1. The Client is solely responsible for the management and the configuration of his/her online shop. Such management and configuration will have to be done via the Online Control Panel associated to the online shop only. SimplyHosting assumes no liability of any kind in that respect, for instance, in case of accidental deletion of the online shop by the Client. The Client hereby acknowledges that SimplyHosting shall not manage the shop or the data on his/her behalf and will not assume any related costs.
   2. The Client will be able to insert certain types of computer code such as HTML, CSS, Flash animations etc. on the online shop, in the limits authorised and compatible with the Software, under his exclusive responsibility and at his/her own expense. The Client remains solely responsible for any kind of malfunction, problem, bug etc. with the online shop arising from, out of or in connection with the insertion of the code.
   3. The Client is informed that SimplyHosting shall not save or backup the shops and the related data. The Client therefore commits to constantly backup his/her data (products, prices, pictures etc.) under his/her own responsibility and at his/her own expense and must be ready to republish and reconfigure the online shop at all times.
   4. The Client will be able to upgrade or downgrade his/her Ecommerce Solution under the applicable technical and financial conditions at the moment such change is ordered. The Client is informed that he/she will have to save all his/her data prior to completing a downgrade as such operation will lead to the complete and permanent destruction of the online shop. After the downgrade is completed, the Client will have to republish and reconfigure the online shop entirely. The Client shall therefore contact SimplyHosting regarding the upgrade and downgrade consequences and conditions prior to changing his/her Ecommerce Solution. The Client remains solely responsible for all the consequences of such upgrade or downgrade.
   5. The Client commits and agrees to comply with all legal and or statutory formality, obligations and declarations including but not limited to the requirements for the exploitation and publication of the online shop, under his/her own responsibility and at his/her own expense. SimplyHosting assumes no liability of any kind for any of these obligations and formalities.
   6. The Client formally commits and agrees not to use the Service for any kind of illegal purpose and commits to respect all applicable regulations, norms and laws.
   7. Shall the use of the Service deteriorate the Internet and/or the servers and/or platforms and/or the networks of SimplyHosting, its’ Clients or third parties, SimplyHosting reserves the right to suspend the Service, without prior notification, and cancel the contract if this is deemed necessary. The Client remains solely responsible for the suspension of the Service and the cancellation of the contract and all direct and indirect consequences. The Client formally accepts and agrees that no refund, no voucher and no compensation shall be issued in these circumstances.
   8. In case the Client fails to comply with any of the clauses of the present SO, SimplyHosting shall have the right to cancel the contract immediately, without prejudice to its’ right to full payment of the consideration and right of SimplyHosting to take any action for full indemnification of the damages that it shall have incurred.
   9. In no event shall SimplyHosting accept liability for any claim, damages or other liability arising from, out of or in connection with the use of the Service.
   10. The Client shall indemnify and hold harmless SimplyHosting and its’ directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to use of the Service.
4. Maintenance of the Service
   1. SimplyHosting shall undertake its’ best efforts to keep the technical platform hosting the online shops operational. The Client is informed that SimplyHosting may run maintenance operations on the platform when required; the Client acknowledges that such operations might lead to the momentary unavailability of the online shops. SimplyHosting shall undertake its’ best efforts to warn the Client in advance via the Online Control Panel.
   2. The Client remains solely responsible for any kind of malfunction, bug, incompatibility or any other problem on the online shop due to or in connection with the program code inserted by the Client on the shop that could occur after the maintenance operations. The Client is solely responsible to fix such bugs or technical problems himself/herself and at its’ own expense.
   3. The Client is informed that the potential technical problems on the Software which are discovered shall be escalated by SimplyHosting to the Editor. The Client accepts that the Editor will undertake its’ best efforts to fix the problem in a variable period of time that may take several months, depending notably on the complexity of the issue at stake. The Client therefore waives all recourse against SimplyHosting its’ employees, agents contractors, affiliates and group companies in that respect.
5. Term
   1. The Service is valid for the duration that the Client has subscribed to. At the expiry date, the online shop will automatically be cancelled and all data will be deleted. The Client shall therefore renew and pay for the Service before the expiry date. SimplyHosting assumes no liability whatsoever for any loss or damages, such as, but not limited to, loss of data, loss of profit, loss of business etc., arising from or in connection with the non renewal of the Service in due time.
6. Consideration and Payment
   1. Payment procedures and fees due for the Service are indicated on SimplyHosting’s website and/or in the Online Control Panel and/or by email. The Client commits to comply with the payment conditions and shall pay SimplyHosting the required fees on demand. The Service will be activated only when the payment is received by SimplyHosting.