These are the terms and conditions on which we supply our services described on our website A.I.H. (STRANRAER) LTD to you (“Services”). Our primary services are website hosting service (“Hosting Service”) or a domain name registration and renewal service (“Domain Registration and Renewal Service”)

It’s important to read these terms and conditions carefully before ordering any Services from our website. These terms and conditions will bind you by ordering any of our Services. Refusal to accept these Terms and Conditions will result in no Services from our website being able to be ordered. Our Data Processing Agreement under the UK General Data Protection Regulation (UK GDPR) forms part of these terms and conditions. We recommend you read the terms carefully, printing a copy of your records if required.

1. Information About us

• 1.1. www.allinclusivehosting.co.uk is a site operated by A.I.H. (Stranraer) Ltd (“we”, “us”, “our”). We are registered in Scotland under company number SC777835 and have our registered office at 1 Laundry Burn Close, Stranraer, Scotland, DG9 7NF. Please note that by placing an order for the Services, you consent to us sending you our regular newsletter by email. This forms our primary method of communicating with you and will inform you of any changes to our services, billing, planned maintenance and account access information.
  1.2. Contracts for purchasing Services through our site will be governed by Scots law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of Scotland. Consumers in England, Wales, or Northern Ireland may rely on local law and courts as permitted by law. English is the language offered for the conclusion of the contract between us.

2. Your Status

• 2.1. By placing an order through our website, you warrant that:
• 2.1.1. you are legally capable of entering into binding contracts
• 2.1.2. you are at least 18 years old.
• 2.2. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.

3. The Order Process

• 3.1. You can only place an order with us for Services once you have successfully registered an account with us. Information that you provide while registering an account with us must be complete and accurate. By creating an account, you agree that we may block access to the account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must always keep your username and password private and not allow anyone else to use it. You must contact us should you believe that your username or password has become known to someone else.
• 3.2. Before you submit an order, you will be shown a summary on screen, including details of the Services you wish to order and the price payable. There will be an option to amend/correct any errors before proceeding to the completion of the order.
• 3.3. Before being able to submit an order, you will be required to register a credit or debit card. We also accept paperless direct debit. However, you may need to use a credit or debit card on your first order.
• 3.4. Once an order has been placed, we will provide you with confirmation of the Services you have ordered. This confirmation will be sent to the email address registered to your account. Copies of previous invoices will be stored on your account.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND A.I.H. (STRANRAER) LTD

• 4.1. After placing an order, you will receive an e-mail from us accepting your order and, if appropriate, letting you know that the Hosting Service you have purchased has been activated (“Acceptance Confirmation”). Your order constitutes an offer to us to buy our Services, and all orders are subject to our acceptance.
• 4.2. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.
• 4.3. The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed.

• 5.1. We may provide links on our site to other companies websites, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.
• 5.2. Any disclaimer does not affect your statutory rights against the third-party seller.

• 6.1. If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Contract Regulations 2013 allow you to cancel the Contract at any time within 14 working days, beginning on the day after you received the Acceptance Confirmation.
• 6.2. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the 14 working day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Contract Regulations 2013
• 6.3. This provision does not otherwise affect your statutory rights.
• 6.4. The registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use, which you should consider. For .uk domains, Nominet’s terms apply (see Registration section).

• 7.1. Once the Contact has been agreed and signed, you may cancel your purchased Hosting Service contract.
• 7.2. In such cases, you may cancel within 30 days, beginning the day after you receive the Acceptance Confirmation. If you do so, you will receive a full refund of the price paid for the Hosting Service you have cancelled. We will refund the price you have paid to the credit card, debit card or other account you used to make that payment. No other refund will be made. Limited to one per customer.
• 7.3. To cancel the Contract, you must inform by raising a support ticket before the end of the 30-day period mentioned in clause G(b) above. As part of our cancellation process, we will respond to you to confirm your cancellation request. You must re-confirm your cancellation request by replying to this confirmation, or we will continue to supply the Hosting Service, and your cancellation will be ineffective. Ensuring that we do not delete any data you need to retain.
• 7.4. In summary, the Services which may not be cancelled under the limited money-back guarantee include (but are not limited to):
  • 7.4.1. Domain Registration and Domain Registration Renewals.
  • 7.4.2. Private SSL certificates.
  • 7.4.3. Virtual Nameservers and other ‘add on’ products.
  • 7.4.4. Virtual Private Servers (VPS) and associated products.

• 8.1. The price of any Services will be as quoted on our website (exclusive of VAT).
• 8.2. The total cost of your order of the Services will be set out clearly before you submit your order for the Services.
• 8.3. Prices are liable to change at any time. We will notify you of a price change at least 14 days before the price increase occurs. If you do not cancel, you will be deemed to have accepted the new prices, which will be charged to your account.
• 8.4. Due to the number of Services offered for sale, it is possible that, despite our efforts, some Services may be incorrectly priced. We deal with these situations accordingly:
  • 8.4.1 Where a Service’s correct price is less than our stated price, we will charge the lower amount when accepting your order;
  • 8.4.2 If a Service’s correct price is higher than the price stated on our website, we will normally contact you for instructions before accepting your order; and
  • 8.4.3 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation
• 8.5. We reserve the right to seek to recover any outstanding amounts due by you by other means, including referring the debt to an external debt recovery agent if necessary. If this method is sought, you may become liable for additional fees and charges and agree to pay such charges in addition to the outstanding amount owed to us.
• 8.6. Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If your credit card provider or bank does not authorise your chosen payment method, you hereby authorise us to seek payment from any other credit card, debit card or direct debit registered against your account.
• 8.7. If you fail to authorise payment, your account may be suspended.

• 9.1. We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.
• 9.2. We will not be liable for a breach of the warranty provided above unless:
  • 9.2.1. you give written notice of the breach to us
  • 9.2.2. we are given a reasonable opportunity after receiving the notice to examine our provision of the Services to you
  • 9.2.3. the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any)
  • 9.2.4. you alter the Services without our written consent
  • 9.2.5. the problem arises because of misuse
• 9.3. If we breach the warranty in accordance with the clause above, we will use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price.
• 9.4. By accepting these terms, you acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.

• 10.1. It is your responsibility to ensure that necessary arrangements for access to our Hosting Services are in place.
• 10.2. You are also responsible for ensuring that all persons who access our Services through your Internet connection know these terms and conditions (and, in particular, our acceptable use policy).

• 11.1. We do not warrant access to our servers will be uninterrupted or error-free but we shall use reasonable endeavours to keep downtime to a minimum.

• 12.1. You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you throughout use upon the expiry or termination of Services.
• 12.2. Any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.
• 12.3. If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.

• 13.1. You are responsible for maintaining appropriate and up-to-date backup copies of any data, information or other material you upload onto our servers as part of your use of the Hosting Services. We provide free tools for website and database backups in our control panels. In the event of loss of or damage to your material, you will not be given access to the server backup we maintain pursuant to our archiving procedure.
• 13.2. We will follow our archiving procedures for the data stored on our servers.
• 13.3. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.

• 14.1. The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package, as this is set out on this website at the time of your order.
• 14.2. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you may upgrade your Hosting Service package to one with a higher monthly bandwidth allowance or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in our control panel.
• 14.3. Unless the Hosting Service package you order includes a virtual private server, you will only be allowed to use a maximum of 10% of our server’s processing capacity when using the Hosting Service package you order.
• 14.4. We may allow your usage to exceed this CPU limitation, and we will speak to you about your hosting requirements if your usage has a detrimental effect on our other customers. Please note that this right is at our absolute discretion,
• 14.5. The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our website at the time of your order.
• 14.6. Any mailboxes not accessed for 100 clear days will be automatically deleted from our system.
• 14.7. When using the Services, you must comply with our Terms of Website Use and our Acceptable Use Policy. Any conflict between our terms of website use and these terms and conditions will be resolved in favour of these terms and conditions.
• 14.8. A breach of either the Website Terms of Use or Acceptable Use policy will entitle us to terminate the provision of Services to you.

• 15.1. Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support to you, but as part of our Hosting Services, our servers are compatible with many programming languages.
• 15.2. We do not provide telephone technical support. Support is provided via an online support ticket or online chat.

• 16.1. Where the Contract includes our Domain Registration and Renewal Service:
  • 16.1.1. we will endeavour to procure the registration of the domain name you request
  • 16.1.2. we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request or subsequently suspends or revokes any registration for that domain name.
  • 16.1.3. we shall not act as your agent or on your behalf in any dealings with the domain name registry.
  • 16.1.4. the registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use, which you should consider.
  • 16.1.5. you are responsible for ensuring that you are aware of the terms so that you can comply with them.
  • 16.1.6. the domain name you request will only be successfully registered when you appear as the registrant on the top-level domain name registrar’s appropriate “whois” database.
  • 16.1.7. we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered and may suspend or terminate our performance of the Domain Registration and Renewal Service if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement.
  • 16.1.8. you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered.
• 16.2. You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you or otherwise authorised by you for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.
• 16.3. Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices 30 days and 7 days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account.
• 16.4. You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service in accordance with these terms and conditions.
• 16.5. The price for the renewal will be as set out in the renewals page of the customer administration area and will be charged against one of the payment methods then registered against your account.
• 16.6. You acknowledge and agree that we may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you.

• 17.1. You retain all intellectual property rights in your material, and you grant to us a worldwide, non-exclusive, royalty-free licence to use, store and maintain your material on our servers and publish it on the Internet for the purpose of providing the Hosting Service to you.
• 17.2. You warrant that your material does not infringe the intellectual property rights of any third party, and you have the authority to grant the licence to us. We may make such copies as may be necessary to perform our obligations, including making backup copies of your material.
• 17.3. You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including, without limitation, court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your material infringes, or allegedly infringes, the intellectual property rights of a third party.
• 17.4. If you download software from our website, we grant you a non-exclusive, non-transferable, royalty-free licence to use that software for the purpose set out on our website in relation to that software. Such a licence will automatically terminate when we terminate providing the Hosting Services to you.
• 17.5. Any third-party software you download from our website shall be licensed to you on the standard software licence terms of the owner of the intellectual property rights in that third-party software, as those licence terms are notified to you when you download such software.
• 17.6. We retain all intellectual property rights in the Hosting Services (other than in your Material) and our software. You must not decompile or disassemble the Hosting Services or our software.
• 17.7. We will defend you against any claim that the Hosting Services infringe any United Kingdom intellectual property rights of a third party and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:
  • 17.7.1. you give prompt notice of any such claim.
  • 17.7.2. you make no admissions or settlements without our prior written consent.
  • 17.7.3. you provide reasonable cooperation to us in the defence and settlement of such a claim at your expense.
  • 17.7.4. we are given sole authority to defend or settle the claim.
• 17.7.5. Envato Elements Assets
  When we develop your website, we may incorporate images, graphics, or other assets from Envato Elements (“Envato Assets”) under licences held by A.I.H. (Stranraer) Ltd. These licences are non-transferable and remain our property, provided as part of our hosting and development services. If you transfer your website to another provider, you must either:
  (a) Replace all Envato Assets with your own or licensed alternatives; or
  (b) Purchase equivalent licences directly from Envato (estimated cost: £10–£50 per asset, subject to Envato’s pricing).
  Failure to comply may breach Envato’s terms and intellectual property laws. You are responsible for ensuring any third party you authorise to work on your website (per Clause 17.1) complies with these requirements. Contact us via ticket in the hosting panel for assistance or clarification.

• 18.1. We do not monitor and will not have any liability for your material or any other communication you transmit under the Hosting Services.
• 18.2. Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider
• 18.3. No guarantee or representation is given that the Hosting Services will be free from security incidents or unauthorised users.
• 18.4. All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.
• 18.5. We do not exclude or limit in any way our liability:
  • 18.5.1. for death or personal injury caused by our negligence;
  • 18.5.2. under section 2(3) of the Consumer Protection Act 1987
  • 18.5.3. for fraud or fraudulent misrepresentation
  • 18.5.4. for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
• 18.6. We will not be responsible for the following types of losses (in each case, whether direct, indirect or consequential) and whether our negligence causes them or otherwise:
  • 18.6.1. loss of income or revenue.
  • 18.6.2. loss of business.
  • 18.6.3. loss of profits or contracts.
  • 18.6.4. loss of anticipated savings.
  • 18.6.5. loss of goodwill.
  • 18.6.6. loss of software or data.
  • 188.6.7. wasted expenditure (such as pay-per-click advertising costs).
  • 18.6.8. wasted management or office time.
• 18.7. Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 12 months preceding the event giving rise to the liability in question.
• 18.8. You are advised to acquire business interruption insurance or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular, the Hosting Service).
• 18.9. Where you buy any product or service from a third-party seller by following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.
• 19.1. We accept no liability if a website fails due to any reason. This includes website built, hosted or maintained by us.

• 19.1. The part of the Contract relating to our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. It will continue until:
• 19.1.1. we have registered the domain name you requested (the “Domain Name”), and you subsequently ask us not to renew the registration of your Domain Name
  • 19.1.2. we terminate the supply of our Domain Registration and Renewal Service by notice to you because:
  • 19.1.2.1. the Domain Name is no longer available for registration
  • 19.1.2.2. you are in breach of the terms and conditions herewith
  • 19.1.2.3. of some other reason preventing the registration of the Domain Name.
• 19.2. If we terminate the Domain Registration and Renewal Service under the clauses of this agreement, we will refund the price you have paid for the Domain Registration and Renewal Service to the credit card, debit card or other account you used to make the payment.
• 19.3. That part of the Contract relating to Services other than our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. Unless such Services are terminated as provided for in this clause, they shall continue for the minimum period of time that applies to the Service you have purchased (“Minimum Term”). After the expiry of the Minimum Term, they will continue on a month-to-month basis until terminated:
  • 19.3.1. by you, as a Consumer, informing us of your decision to cancel the Contract by a clear statement. This should be via online support ticket or support live chat;
  • 19.3.2. by you, as a Business customer, informing us of your decision to cancel the Contract. This should be via an online support ticket or support live chat
  • 19.3.3. by us giving to you at least 30 days advanced notice in writing sent to the then current email address registered against your account
  • 19.3.4. by exercising your right as a Consumer to cancel the Contract(s) within the “cooling off period”, i.e. within 14 days of purchase.
  • 19.3.5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We request that you do this at least two working days before the cancellation date. Please note that the Cooling Off period only applies to Consumers, not Business Customers.
• 19.4. As part of our cancellation process, you must re-confirm your cancellation request via our support ticket system or support live chat system or we will continue to supply the relevant Services, and your cancellation will be ineffective. You cannot cancel any of your Services by letter, email or telephone.
• 19.5. The monthly price for Services we supply under Contracts that continue on a month-to-month basis shall be charged monthly in advance directly to a credit card, debit card, paperless direct debit or other payment method registered against your account. Such payment will be taken on the same date of the month (or if no such date occurs, then on the last day of the month) as on which the Services had originally commenced (“Payment Date”) unless or until you cancel the Services in accordance with these terms and conditions.
• 19.6. We will not provide you with a refund for a cancellation that is part-way through a billing period.
• 19.7. Without prejudice to any other right to terminate or suspend the Services we may have under these terms and conditions, our Terms of Website Use or our Acceptable Use Policy, we may terminate the Contract at any time by giving you 30 days’ advance notice by emailing you at the email address registered against your account.
• 19.8. If we cancel the Services, we will refund to you the price you have paid for the Services on a pro-rata basis for the unexpired Minimum Term
• 19.9. Notwithstanding anything to the contrary in these terms and conditions, if you breach an obligation of these terms and conditions, we may terminate the Contract by 7 days’ notice to you.
• 19.10. Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising in any way under that Contract as at the date of expiry or termination.

• 20.1. If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system.
• 20.2. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.

• 21.1. Additional terms and conditions may apply to our offers. If so, you will be advised of them at the relevant point.

• 22.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.
• 22.2. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

• 23.1. All notices you give us must be given through our online system.
• 23.2. We may notify you at either the then-current e-mail or postal address registered against your account with us.

• 24.1. Neither you nor we intend that any term of the Contract will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
• 24.2. The Contract is binding on you and us and on our respective successors and assigns.
• 24.3. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
• 24.4. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

• 25.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
• 25.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
  • 25.2.1. misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
  • 25.2.2. strikes, lock-outs or other industrial action;
  • 25.2.3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • 25.2.4. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • 25.2.5. impossibility of the use of public or private telecommunications networks; and
  • 25.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
  • 25.3. Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

• 26.1. If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
• 26.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
• 26.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

• 27.1. If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

• 28.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
• 28.2. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us before such Contract except as expressly stated in these terms and conditions.
• 28.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, before the date of any Contract (unless such untrue statement was made fraudulently), and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

• 29.1. We have the right to revise and amend these terms and conditions occasionally.
• 29.2. You will be subject to the policies and terms and conditions in force at the time that you order services from us unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
• 29.3. No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.

30.1. Definitions

• 30.1.1. “Avada Theme”: WordPress theme by ThemeFusion, free with hosting/website build, including competition websites.
• 30.1.2. “Related Plugins”: Avada Builder, Avada Core, other ThemeFusion plugins.
• 30.1.3. “Maintenance Plans”: Paid plans for updates, edits, and support for Avada-based websites, detailed at www.allinclusivehosting.co.uk or your panel. Prices may be higher for competition websites.
• 30.2. Licence Validity
  Avada Theme licence, purchased and owned by us under agreement with ThemeFusion, is free while hosted on our platform. Transfer/termination deactivates the licence, stopping updates; websites remain functional.
• 30.3. Licence Ownership
  The Avada licence is our non-transferable property, provided free as part of your hosting or website service with us. You have no ownership or transfer rights. The licence remains valid only while your website is hosted or maintained by us.
  “Avada” is a trademark of ThemeFusion. We are not affiliated with or endorsed by ThemeFusion.

30.4. Support

• 30.4.1. Free support for Avada Theme issues (e.g., errors) via tickets, regardless of Maintenance Plans.
• 30.4.2. Free support is guidance/documentation, not fixes.
• 30.4.3. No free support for your actions or third-party conflicts; use paid support (Clause 30.7).

30.5. Updates

• Avada updates require a Maintenance Plan. Non-subscribers manage updates while hosted. Post-transfer, buy a new licence.30.6. Non-Avada Issues. Non-Avada issues need a Maintenance Plan or are your responsibility.

30.7. Paid Support.

• Paid support for non-free issues is at our discretion, via ticket or Maintenance Plan.

30.8. Transfer Notification

• Notify transfers 14 days prior via ticket (panel for non-plan, support@allinclusivehosting.co.uk for plan subscribers). Non-notification risks deactivation after 7 days’ grace.

30.9. Licence Deactivation

• Transfer/termination deactivates Avada, stopping updates; websites function. New licence ~£52. We notify 7 days prior.

30.10. Independent Purchase

• Buy a new Avada licence (~£52) from ThemeFusion post-transfer.

30.11. Post-Transfer Support

• Avada support ends on transfer; use ThemeFusion/third parties.

30.12. Refunds

• Avada is free; no refunds apply. Statutory rights follow Clause 6.

30.13. Liability

• Avada-related liability is limited to 100% of hosting fees paid in the prior 12 months. No exclusion for death, injury, fraud, or illegal matters.

30.14. Termination

• Hosting termination deactivates Avada after 7 days’ notice. Data deletes per Clause 20.

30.15. Consumer Rights

• Avada terms preserve UK statutory rights, aiming for fairness.

30.16. Force Majeure

• No liability for uncontrollable events (e.g., ThemeFusion changes).

30.17. Severability

• Invalid provisions are limited; others stand.

30.18. Entire Agreement

• Avada terms, with Clauses 1–29, are the agreement, under Scots law.

30.19. Governing Law

• Scots law, Scottish courts. Non-Scottish consumers may use local law/courts.

30.20. Modification

• Avada term changes get 30 days’ notice. Continued use is acceptance.

30.21. Contact

• Questions via panel tickets; Maintenance Plan subscribers may email support@allinclusivehosting.co.uk.

30.22. Data Protection

• Avada data is processed per our Data Processing Agreement/UK GDPR.

30.23. Existing Customers

30.23.1. Applies to all.

30.23.2. 30 days’ notice via email/panel/website, with summary.

30.23.3. Disagree? Terminate via ticket within 30 days.

30.23.4. Non-plan subscribers use panel.

30.23.5. Prior Avada terms end 31 December 2025.

31. Competition Website Service (React/Node)

31.1. Definitions

• 31.1.1. “Competition Website”: Website built by us with React/Node, hosted on Render.com, not our servers.
• 31.1.2. “Maintenance Plans”: Paid plans for security updates, urgent/minor fixes, and support, detailed at www.allinclusivehosting.co.uk or your hosting panel.
• 31.1.3. “Server Costs”: Render.com hosting fees, variable based on usage (e.g., traffic, CPU).
• 31.1.4. “Source Code”: Our proprietary React/Node code, shared across all Competition Websites, protected by copyright.

31.2. Service Scope

We build and manage Competition Websites on Render.com, with payments and communications via our hosting panel. Services include:

• 31.2.1. Security updates, typically 1–2 per year as needed, due to near-zero update requirements, provided per Maintenance Plan.
• 31.2.2. Urgent fault fixes, addressed promptly.
• 31.2.3. Minor fault fixes, addressed non-urgently per our schedule.

31.3. Ownership and Copyright

• 31.3.1. You own the website (content, functionality) once fully paid (e.g., build costs).
• 31.3.2. We own the Source Code and Render.com hosting setup, protected by copyright: © 2025 A.I.H. (Stranraer) Ltd. All Rights Reserved. No access, copies, or transfer is provided due to the code’s shared, high-value nature. Unauthorized copying, distribution, or use is prohibited and enforceable under Scots law.
• 31.3.3. On transfer, we provide a data download (customer details, competition entries, winner data, images) but no Source Code or hosting access.

31.4. Payments

• 31.4.1. Monthly costs (Maintenance Plan, Server Costs) are paid via the hosting panel to a registered payment method.
• 31.4.2. Server Costs may increase at our discretion due to Render.com usage, with 14 days’ notice via email or panel.
• 31.4.3. Non-payment after 7 days’ notice allows website shutdown (suspension or termination on Render.com).
• 31.5. Support
• 31.5.1. Support is via tickets in our hosting panel, covering security updates (1–2/year), urgent fixes (prompt), and minor fixes (non-urgent) per Maintenance Plan.
• 31.5.2. Additional support (e.g., major changes) is at our discretion, enquired via ticket.

31.6. Updates

Security updates (typically 1–2/year as needed) are provided per Maintenance Plan. Non-subscribers are responsible for updates.

31.7. Termination

• 31.7.1. You may cancel per Clause 19 (via ticket or chat).
• 31.7.2. We may cancel Maintenance Plans post-30 days without notice (Clause 19.7) or for non-payment (7 days’ notice).
• 31.7.3. Termination shuts down the website; data is deleted per Clause 20. You retain ownership if fully paid, but no Source Code or hosting access is provided.
• 31.8. Liability
  Liability for Competition Website issues (e.g., shutdown, update delays) is limited to 100% of fees paid in the prior 12 months. No exclusion for death, personal injury, fraud, or matters where exclusion is illegal.
• 31.9. Consumer Rights
  These terms preserve your UK statutory rights and aim to be fair and transparent.
• 31.10. Data Protection
  Data processed via our hosting panel (e.g., payments, tickets) is governed by our Data Processing Agreement and UK GDPR. Data on Render.com (e.g., competition entries) follows Render.com’s GDPR-compliant terms.
• 31.11. Force Majeure
  We are not liable for delays or failures due to uncontrollable events (e.g., Render.com outages).
• 31.12. Governing Law
  These terms are governed by Scots law, with disputes resolved in the courts of Scotland. Consumers in England, Wales, or Northern Ireland may rely on local law and courts as permitted by law.
• 31.13. Modification
  We may modify these terms with 30 days’ notice via email, panel, or website (or temporary URL). Continued use implies acceptance.
• 31.14. Contact
  Questions are handled via tickets in the hosting panel. Maintenance Plan subscribers may email support@allinclusivehosting.co.uk.
• 31.15. Existing Customers
• 31.15.1. These terms apply to all customers, including those with prior agreements.
• 31.15.2. Existing customers receive 30 days’ notice via email, panel, or website, with a summary of changes.
• 31.15.3. If you disagree, terminate via ticket within 30 days. Continued use implies acceptance.
• 31.15.4. Prior Competition Website terms remain in effect until 31 December 2025, after which these terms apply.

These conditions apply to all domain names administered by Nominet, and registrars must make their customers aware of them before registering a UK domain.

In these conditions, the following words have the following meanings: ‘cancel’ – Cancelling your domain name means that it will be deleted from the register, will therefore not work as part of a website or email, and may be released for re-registration on a first come, first served basis.

‘consumer’ – Any natural person who is acting for purposes which are not business related. ‘correct’ means that the contact information you or your egistrar provide us with must be good enough to allow us to contact you quickly at any reasonable time, must not be deceptive, and must clearly identify you.

‘data protection legislation’ – up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter

(i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then

(ii) any successor legislation to the GDPR or the Data Protection Act 1998; ‘domain name’ – An internet domain name ending in .uk operated by us.

‘DRS policy’ – The policy and procedure of our dispute resolution service.

‘fees schedule’ – The fees we charge for our services, which are set out in full on our Website.

‘good industry practice’ – The exercise of skill and diligence which would reasonably and ordinarily be expected from a skilled and experienced operator engaged in providing a domain name registry.

‘personal data’ – Has the meaning given in the data protection legislation.

‘proscribed’ – That the domain name in our sole discretion would, on the face of it,

(i) tend to indicate, comprise or promote a serious sexual offence, and

(ii) that there is no legitimate use of the domain name which could be reasonably contemplated.

‘register’ – Our database of the domain names ending .uk that we administer.

‘registrar’ – An agent who acts on your behalf in the registration, renewal and other general

administration of a domain name and to whom we allow access to our automated systems and the register.

‘rules’ – Our rules explain which domain names can be registered in .uk and which cannot.

‘Searchable WHOIS’ – A service we provide under a contract which provides the facility to search WHOIS data by registrant or for domain names where a particular string of characters appears in the domain name.

‘special status’ – Various special states your domain name may be in, such as suspended due to breach of these conditions or blocked from transfer or deletion due to the operation of the DRS Policy or legal dispute. This will normally mean that you will remain listed as the registered domain name, but the domain name itself may not work.

‘we’, ‘us’, ‘our’ – Nominet UK (company number 3203859).

‘WHOIS’ – A free service we provide which allows members of the public to check whether a domain name exists and, if so, provides further details such as the registrant and registrar, creation date, name servers and, subject to our privacy policies from time and the consent of a registrant to have their details displayed on the public WHOIS, further details such as the registrant name and contract address.

‘you’, ‘your’ – The person who is entered into the register as the responsible person for the domain name and who will be listed on the WHOIS.

• 2.1 We will:
• 2.1.1 process your application to register or renew a domain name in accordance with the rules;
• 2.1.2 maintain overall ownership, control and responsibility for the register;
• 2.1.3 make changes to the register in accordance with your instructions to transfer or cancel your domain name or to change registrar, and
• 2.1.4 provide the technical operation of the name servers for the .uk domain names we operate and make entries in the appropriate zone file to delegate your domain name in accordance with good industry practice.

• 3.1 You must:
• 3.1.1 pay us directly or via your registrar the appropriate transaction fee in accordance with our fees schedule from time to time;
• 3.1.2 give and notify us of your correct name, postal address, phone and email contact information. This includes responding quickly to any request from us to confirm or correct the information on the register, and
• 3.1.3 notifying us promptly about any legal proceedings which involve your domain name.

• 4.1 We do not have to take any action or make any changes to the register until we are satisfied that we have received your valid request.
• 4.2 We will be entitled to assume that any action requested using your identification code and password has been submitted by you or by someone authorised by you.
• 4.3 You must keep any user identification code, password or other piece of information used as part of our security procedures confidential. We have the right to disable any user identification code or password at any time if, in our opinion, our security procedures have been compromised.
• 4.4 Your registrar acts on your behalf in registering and maintaining the registration of your domain name so that any communication to or from your registrar is taken as being to or from you. You should always contact your registrar first with any request or question about your domain name or changes to it.

• 5.1 We do not have to start any process until we have received the correct fee for that process.
• 5.2 We may cancel your domain name without further notice if any debt relating to your domain name remains unpaid after the due date for payment.
• 5.3 We will not provide credit notes or refunds unless we have made a significant mistake or condition 11.5 applies.

• 6.1 By registering your domain name, you promise that:
• 6.1.1 you (or your registrar) have the permission of any person whose personal data is to be held on the register in line with condition 8;
• 6.1.2 any identity and contact information you (either yourself or through your registrar) send us is correct and kept up to date;
• 6.1.3 by registering or using your domain name in any way, you will not infringe the intellectual property rights (for example, trademarks) of anyone else;
• 6.1.4 the alphanumeric characters which constitute the domain name are not proscribed; and
• 6.1.5 that you will not use the domain name for any unlawful purpose.
• 6.2 Unless you are a consumer, you will pay us any reasonable costs, claims and expenses (whether direct or indirect) arising from any claim that you have broken any of the promises in condition
• 6.1. 6.3 Our right to rely on the promises in condition
• 6.1 and indemnity in condition
• 6.2 will continue to be available after the domain name has been registered and will not be affected by the cancellation or transfer of the domain name.

• 7.1 A domain name is not an item of property and has no ‘owner’. As a result:
• 7.1.1, we will not be bound by, or record on the register, any mortgage-related obligations;
• 7.1.2, we own and keep all copyright and database rights in the register.

• 8.1 We will make your personal data available in the following ways but not release it for any other purpose to any other person.
• 8.2 We will: 8.2.1 include it on the register;
• 8.2.2 Include it on the WHOIS and Searchable WHOIS if you have consented for us to do so;
• 8.2.3 give your personal data to people with a legitimate reason for asking for it (based on the exemptions in the data protection legislation), including law enforcement agencies;
• 8.2.4 give your personal data to your current or proposed registrar (or both); and
• 8.2.5 Use it as set out in the DRS policy.
• 8.3 You may write to us to ask for a copy of the personal data we hold about you, or you can ask your registrar.
• 8.4 By registering a domain name with us, you agree to us using your personal data as set out in these conditions.

• 9.1 You agree to be bound by the DRS policy.
• 9.2 We (including, in this case, our directors, officers, staff of all types and any DRS expert) will not be liable to you or anyone else for anything done or not done in connection with any proceedings under the dispute resolution service unless the act or lack of action is shown to have been in bad faith.

• 10.1 We may cancel or put a domain name into a Special status by notifying you if:
• 10.1.1 in our sole discretion, we believe that you or your registrar have provided significantly inaccurate, not correct, unreliable or false contact details (including names), failed to keep your contact details up to date, or failed to give us those details at all;
• 10.1.2 in our sole discretion, we believe the domain name is being used in a way that is likely to endanger any part of the domain name system, other internet users (including but not limited to the distribution of viruses and malware, phishing activity or facilitating distributed denial of service attacks), or our systems and internet connections; or
• 10.1.3 you have broken any of the conditions (including the rules and DRS policy) and (in the case of a matter which it is possible to put right and which is not covered by condition 5.2,
• 10.1 or 10.2) you do not put it right within 30 days of us notifying you.
• 10.2 We may (but do not have to) transfer, cancel, alter or amend the domain name, put it in a Special status or prevent its renewal:
• 10.2.1 on your instructions;
• 10.2.2 if we reasonably believe that the changes to update the register or to correct any error, ambiguity or inaccuracy relating to the domain name registration (including any error in making the domain name available for registration or an error in a previous cancellation of the domain name) would make it more accurate;
• 10.2.3 if you withdraw your permission for us to process your personal data for any or all of the purposes described in condition 8;
• 10.2.4 to carry out the decision an expert has made under our dispute resolution service; or
• 10.2.5 if we receive a complete and valid court order which you (or both) or we must obey, or if not making the changes the court orders would be a contempt of court by us or you.
• 10.3 If you are a natural person, your domain name will be cancelled if you die and the person legally appointed to deal with your assets after you die does not transfer your domain name (either to themselves or someone else) within a year of your death (or the end of their appointment, whichever comes first).
• 10.4 If you are not a natural person, your domain name will be cancelled if you complete a liquidation or disbandment process or otherwise no longer exist, even if (where possible) an official or court order or decision later restores you.

• 11.1 We will register your domain name for a period between one and ten years in accordance with your Registrar’s instructions. Registrations made directly with us may only be made for fixed terms of two years. You may renew your domain name at the end of its term in accordance with our renewal processes.
• 11.2 We may transfer our rights and responsibilities with respect to your domain name to anyone else at our sole discretion.
• 11.3 If you want to transfer your domain name to someone else, you must:
• 11.3.1 use our current published transfer process, and
• 11.3.2 Ensure that the person taking over your domain name fully accepts these conditions.
• 11.4 If you do not transfer your domain name in accordance with our published transfer process, there will be no valid transfer of your domain name, and no document or agreement attempting or claiming to transfer your domain name will have any effect.
• 11.5 If you are a consumer, you may have a right to cancel your domain name under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or similar laws amending or replacing it.

• 12.1 Nothing in these conditions limits or excludes our liability for fraudulent misrepresentation, death, or personal injury caused by our negligence.
• 12.2 By registering the domain name, we are not acknowledging that you have any rights in any words within the domain name.
• 12.3 We will not be liable for:
• 12.3.1 any loss of profit, revenue or other type of economic loss (whether direct or indirect); 12.3.2 loss of business or contracts;
• 12.3.3 loss of expected savings or goodwill; or
• 12.3.4 any losses which a court categorises as ‘consequential’ or ‘indirect’ arising out of or in connection with your registration of a domain name with us, including but not limited to:
• 12.3.4.1 any mistake or missing information in the register; and
• 12.3.4.2 Loss of registration or use, or both (for whatever reason and whether temporary or otherwise), of
  the domain name.
• 12.4 Implied terms are, to the fullest extent permitted by law, excluded from these conditions.
• 12.5 Our total liability to you, whether under these conditions or otherwise (including liability for
  negligence), will be no more than £5,000.
• 12.6 If you are a consumer, conditions 12.3, 12.4 and
• 12.5, do not apply to you. Your statutory rights are not affected – for information, contact your local authority Trading Standards Department or your Citizens Advice Bureau.
• 12.7 Conditions 8, 10.3, 10.4, 12 and 13 will continue to apply after your domain name registration has ended for any reason.

• 13.1 If a court rules that any of these conditions is invalid, unenforceable or void, the remaining
  conditions will continue in full force and effect.
• 13.2 A person who is not a party to these conditions shall have no rights to enforce any of these
  conditions.
• 13.3 We reserve the right to make reasonable changes to these conditions (including the DRS policy and rules) at any time.
• 13.4 Except as set out in the DRS policy, any notice in relation to your domain name will be considered to have been served if hand-delivered or sent by prepaid post or by email to you or your registrar at any postal or email address on the appropriate register entry and will apply from the date it was delivered, or if not delivered the date it was sent or posted.
• 13.5 Any notice to us may be hand-delivered or sent by prepaid post to our registered office or sent by email to nominet@nominet.uk.
• 13.6 These condition 13.6 These conditions, together with the rules and DRS policy, are the basis for the entire agreement between you and us for the domain name and replace all previous contracts, understandings and representations about this domain name, whether spoken or written.
• 13.7 No failure or delay by us to exercise any right or remedy provided for in these conditions shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
• 13.8 Your domain name registration, these conditions, and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with Scots law. The courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising. If you are a consumer in England, Wales, or Northern Ireland, we will accept your local law and courts as permitted by law.