Website hosting terms of service

The following terms and conditions apply to our UK website hosting services.

We have separate terms and conditions for the various services we offer available from the options below:

The following terms and conditions apply to our UK website hosting services:

Shared Hosting Limitations
1. A Prompt Ltd are a hosting reseller for several of UK's largest hosting companies. A Prompt Ltd only resell shared hosting. In a shared hosting environment, many different clients share the same server and the same resources. While each client has their own limits on certain items (such as storage space, allowed email accounts, allowed bandwidth per month, allowed FTP accounts), the same web server, MySQL server, and even physical memory are shared. Shared hosting is a popular, economical and resourceful solution for many web sites. However, shared hosting does have some limitations and as such we are not able to offer a Service Level Guarantee (SLA) and we cannot guarantee hosting uptime.
2. We recommend that any Customer requiring more stable and controllable hosting that includes Service Level Agreements (SLA) and guaranteed uptime choose to have their own Dedicated Server. Whilst A Prompt are unable to provide dedicated servers we can upload your website to your own server, if requested although we are not able to configure your server for you. A charge for uploading your website to your own hosting server will be applicable.
3. Whilst we shall use reasonable endeavours to ensure the integrity and security of hosting servers, we do not guarantee that the servers will be free from unauthorised users or hackers.
Server use
1. A Prompt reserves the right to refuse service and/or access to its servers and/or services to anyone.
2. A Prompt does not allow any of the following content to be stored on its servers:
  1. Adult material - includes all pornography, erotic images, or otherwise lewd or obscene content.
  2. Excessive download content or non-linked content.
3. You website space must only be used for website files. It is not permissible to store non-linked files in your web space.
4. Refusal of service based on content matching either of these two criteria is entirely at the discretion of A Prompt.
5. A Prompt reserves the right to move your data to a different server with no previous notice.
6. Unless agreed by both parties, websites we build and host on behalf of clients will be stored on fully managed shared hosting servers, with no FTP access granted to clients to allow for higher levels of security and uptime to our current clients. Should you require FTP access we may need to arrange a full transfer to another server at a reasonable charge.
Support and hosting on your own servers
1. If the website is hosted with us we will endeavour to provide a continuous high quality service. If you experience problems with our service, you should consult our support section. Should you fail to find a resolution to your problem in our FAQ's then you will find our support enquiry form and contact details within our support section.
2. Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services, if the website is hosted with us.
3. For websites that are created by aprompt but not hosted with aprompts hosts: We will provide you a disc containing the website files so you can upload the website to your chosen host. Once the website is set up on the new host, any support enquiries should 1st be directed to your hosting provider and then if they advise it is a problem with your website, the support enquiry should then be sent to support@aprompt.co.uk (Please bear in mind that if you have a problem with your website, having 2 parties to speak to will increase the time it takes to solve any problems).
  Any alterations/tweaks/corrections done by A Prompt to the website requested by the client will be charged for.
4. If you wish aprompt to upload your website to your chosen host (which is not aprompt), we will charge for this service. We will provide a check list so you can ensure your chosen host can support all the website's requirements in order for all the functions to work. If your host does not support all the requirements, you will need to find an alternative host that can support the needs of your website, Alternatively aprompt can host the website for you.
5. All support enquiries sent to us, about websites we have built but do not host, will be investigated and if the problems you experience with the website is to do with the hosting in any way, you will be charged £90/hour +VAT with a minimum charge of £90.00 + VAT each time for any investigative work done. If the problem resides with the website, you will not be charged any fees for the 1st 12 months of the sites life – whether on testing servers or live servers.
6. Any type of investigative work on website issues/problems on websites that are more than 12 months old, (including website functions, features, databases, graphics and all hosting issues) will be charged at £90/hour + VAT with a minimum charge of £90.00 + VAT each time for any investigative work done. There are no exceptions.
Development server
1. Websites and web applications are first loaded on to our development server after completion so you, the client, can fully test the system and ensure you are happy with the website/web application. The site will be kept on our development server for a period of 30 working days only. Within this period, it is the responsibility of the client to ensure the site is fully tested and we will fix any bugs for free.
2. We will charge a monthly hosting fee payable by D/D starting the day the website is loaded on to our development server. This will continue for the life of the website if we are hosting the website.
Website warranty
Any website created by A Prompt Ltd has one year (12 months) warranty where any bugs will be fixed for free. After that time - no matter where the site is hosted - any bugs, tweaks, alterations, changes, corrections, additions and or amendments to the site will be charged for without exception.
We provide integration with Google merchant services and Twitter on their current platforms upon the date the site is completed and loaded on to our development servers. However as with any service offered by 3rd parties such as Google and Twitter, they are free to change their configuration and services at any time. Any changes they make are out of our control and therefore re-integration will incur development charges. Also each of our websites are designed, built and tested on all current browsers (at the time your website is completed by us and loaded on to the development servers), such as FireFox, Google Chrome, IE, etc. and any changes the browsers make to their services are out of our control therefore any re-configuration for browser compatibility will incur a development charge.
We provide integration with Google merchant services and Twitter on their current platforms. However as with any service offered by 3^rd parties such as Google and Twitter, they are free to change their configuration and services at any time. Any changes they make are out of our control and therefore re-integration will incur development charges. Also, each of our websites are designed, built and tested on all current browsers such as FireFox, Google Chrome, IE, etc. and any changes the browsers make to their services are out of our control therefore any re-configuration for browser compatibility will incur a development charge.
Bandwidth usage
1. A Prompt offers a high bandwidth use policy by maintaining very large ratios of bandwidth per customer. In rare cases, A Prompt may find a customer to be using server resources to such an extent that he or she may jeopardise service performance and resources for other customers. In such instances, at at A Prompts' discretion, A Prompt reserves the right to impose the High Resource User Policy for the consideration of all customers.
Database usage
1. If you exceed the limits on your database storage (MS SQL and MySQL) then we will automatically charge you for the additional space you use at our current prices. For example if you have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 50MB in that month.
High resource user policy
1. Resources are defined as bandwidth, processor utilization or disk space.
2. A Prompt may implement the following policy to its sole discretion: When the resources utilised by a customer in using a service are abnormally high, A Prompt reserves the right to suspend that service immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our services. Customers may be offered an option whereby A Prompt continues supplying the service under a reduced usage criteria specified by A Prompt. Failure to comply with such measures may result in your service being terminated.
Uploads via scripting languages
1. We limit uploads made via scripting languages to 20MB per file, however the actual size of the file you can upload will also depend on the upload speed of your Internet connection.
Cancellation and refunds
1. A Prompt reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership (excluding Monthly Payment Plan customers). If a customer contravenes A Prompts' terms of service a refund will not be issued in the event of a cancellation.
2. Customers may cancel their account at any time by giving thirty (30) days written notice to A Prompt (excluding Monthly Payment Plan customers)
3. Fees charged on a prepay basis are non-refundable. In addition some accounts incur set-up fees, these charges are also non-refundable.
4. Monthly Payment Plan customers can cancel their direct debit payment scheme at any time during the month and their service will cease at the end of the current month.
Use of an email account
1. If A Prompt identify a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate.
2. The following are details of what is not allowed by A Prompt and our spam/ illicit material policies:
  1. To send messages or communications, which are unsolicited, offensive, abusive, indecent or obscene.
  2. To send messages causing annoyance, inconvenience or anxiety to another user of the Internet.
  3. To send messages for the purpose of Fraud and /or with the intention of committing a criminal offence.
Email retrieval and timescale
1. A Prompts ' policy on maintaining stable data-transfer levels includes a deletion process for email that has not been downloaded locally within 90 days of receipt (this process does not apply to Microsoft Exchange mailboxes)
2. It is the mailbox owner's responsibility to ensure his/her received email is retrieved and saved locally where necessary to ensure that important correspondence is not lost.
3. A Prompt cannot be held responsible for lost items that have exceeded this 90 day limit.
Billing and renewals
1. All hosting and optional hosting related services are billed annually in advanced (excluding Monthly Payment Plan customers). To ensure uninterrupted service to your website we operate a positive renewal system on all hosting related services - you will be notified sixty (60) days in advance that your hosting or hosting related service is about to expire and given the option to opt out of the renewal, if for any reason you do not contact us (within the fourteen (14) day notification period), then we will ensure your hosting service continues and automatically renew your hosting or hosting related service for another year (excluding Monthly Payment Plan customers). An invoice will be issued thirty (30) days prior to your service renewal date, this invoice must be paid before for the renewal date. If our invoice remains unpaid when your services reach their expiry date we may remove your website, files, scripts and emails from our servers (see section 12 Termination below). If you subsequently decide to cancel your hosting (or hosting related service) at a later date you must give us 30 days written notice as discussed in section 8 above. (excluding Monthly Payment Plan customers)
2. Hosting commences on the date a website is loaded on to our development server or when email services are requested to start or when a temporary home page is loaded live.
3. Monthly payment plan customers are billed by direct debit on the 1st of the month in advanced for the hosting service provided for that month (i.e. you will be billed on the 1st May for services provided in May). If payment is not made by the 8th of the month the service will be suspended without further notification. Services that have been suspended will incur an automatic administration charge of £90.00 + VAT. This fee plus the monthly fee outstanding must be paid before any services are re-instated.
Termination
1. If any hosting or hosting related service invoice remains unpaid for more than thirty 30 days, A Prompt will suspend your services and place your account in default (excluding Monthly Payment Plan customers). If the account remains in default for a further fifteen (15) days then A Prompt will remove all website files, scripts and emails and cancel any other services supplied by A Prompt. Such a removal would mean that your website would cease to be online and your email accounts (if provided by A Prompt) would cease to work (for both incoming and outgoing email) also any emails stored on our servers would be deleted. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer's account. Customers with accounts in default agree to pay A Prompt Ltd reasonable expenses, including an administration fee of £125.00 for re-loading the website if applicable, legal fees and costs for collection by third-party agencies, incurred by A Prompt Ltd in enforcing these Terms and Conditions.
Indemnification
1. Customer agrees that it shall defend, indemnify, save and hold A Prompt harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against A Prompt, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless A Prompt against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with A Prompts' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from A Prompts' server.
Customer hosted data
1. The data, materials and content hosted by A Prompt on behalf of the Customer which may include, but shall not be limited to: Customer or third-party owned transactional e-commerce websites, product catalogues and other websites and web apps such as CMS websites, data generated through the processing of A Prompt hosted Customer Hosted Data, CRM management data and core business applications where the Customer is deemed the Data Controller under the applicable Data Protection Laws.
  The Customer shall own all rights, title and interest in and to all of the Customer Hosted Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Hosted Data. The Customer of A Prompt Ltd is the Data Controller (as defined in the applicable Data Protection Laws) for all Customer Hosted Data.
  
  The Customer shall ensure that the it is entitled to transfer the relevant personal data to A Prompt so that A Prompt may lawfully process the personal data in accordance with this agreement on the Customer’s behalf;
  
  Each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
  
  The Customer must ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data comprising Customer Hosted Data to A Prompt for the duration and purposes of this agreement so that A Prompt may lawfully use, process and transfer the Personal Data in accordance with this agreement on the Customer's behalf.
Disclaimer
1. A Prompt will not be responsible for any damages your business may suffer. A Prompt makes no warranties of any kind, expressed or implied for services we provide. A Prompt does not back up your data/website (unless you have opted for our optional Back-up service) and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, A Prompt cannot guarantee to be able to replace lost data. A Prompt disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by A Prompt and its employees. A Prompt reserves the right to revise its policies at any time.
2. A Prompt will not be responsible for any loss of business or damages your business may suffer due to web site downtime. A Prompt only use Shared Hosting web servers and as a result occasional temporary loss of service may be experienced. If your A Prompt web site is off-line for an extended period due to a hosting failure we may offer to move your website to an alternative host. The maximum aggregate liability payable by A Prompt to the Customer due to an extended hosting failure shall not exceed the annual hosting fee charged to the Customer by A Prompt. For "mission critical" websites where site uptime is essential we would recommend the Customer uses a dedicated server.