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Terms of Service

1. Introduction

Welcome to BroccoliHost, provided by MIDL Group LLP, a company registered in the United Kingdom (Company No. OC448641), located at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ. These Terms of Service (“Terms”) govern your use of our website hosting services. By using our services, you agree to abide by these terms.

2. Definitions

In these Terms:

  • “BroccoliHost” refers to the website hosting service provided by MIDL Group LLP. BroccoliHost encompasses all services, features, and functionalities offered through the broccolihost.com website.
  • “Client” refers to the individual or entity entering into an agreement with BroccoliHost to utilize its services. The client is the party responsible for all actions taken under its account and agrees to comply with these Terms.
  • “Control Panel” refers to the user interface provided by BroccoliHost to clients, allowing them to manage and control their hosting services, including but not limited to account settings, billing, and service configurations.
  • “Service(s)” encompass the range of hosting packages offered by BroccoliHost, including but not limited to Web Hosting, WordPress Hosting, VPS Hosting, Cloud Hosting, and Windows Hosting. These services are provided based on the selected package and associated features as described on the BroccoliHost website.
  • “Bandwidth” signifies the allotted data transfer capacity associated with each hosting account. It represents the amount of data that can be transferred to and from the client’s website within a specified period.
  • “Resource Limitations” denote the allocated computing resources available to the client within their hosting account, encompassing aspects such as CPU usage, memory, and disk space. The specific resource limitations are outlined in the chosen hosting package.
  • “Acceptable Use Policy” refers to the guidelines and rules established by BroccoliHost, outlining acceptable behaviors and prohibited activities when utilizing its services. Clients must adhere to this policy to maintain their hosting privileges. You can read it here.
  • “Uptime” represents the percentage of time during which BroccoliHost services are operational and accessible to clients. It reflects the reliability and availability of the hosting infrastructure.

3. Services Offered

BroccoliHost provides a range of services aimed at facilitating web hosting solutions, catering to the needs of individuals and businesses seeking reliable hosting infrastructure and support for their websites and applications.

Our services encompass:

  • Web Hosting
  • WordPress Hosting
  • VPS Hosting
  • Cloud Hosting
  • Windows Hosting
  • Domain Registration

4. Agreement and Account

When acquiring hosting services from BroccoliHost, the purchasing entity inherently enters into a binding agreement, thereby acknowledging and accepting these Terms. Clients are required to ensure that all information provided during the account registration process is accurate, complete, and up to date. It is imperative for clients to maintain the confidentiality of their account credentials, including usernames and passwords, and refrain from sharing this sensitive information with any third party.

The act of completing the registration process signifies the client’s acknowledgment and consent to abide by the Terms of Service outlined by BroccoliHost. Any actions taken under the registered account, including but not limited to service usage, content management, and account settings modifications, are the sole responsibility of the client. BroccoliHost reserves the right to take appropriate measures, including suspension or termination of services, in case of any breach or suspected unauthorized use of the account.

Clients are encouraged to promptly notify BroccoliHost of any unauthorized access or security breaches concerning their account, allowing for swift actions to be taken to mitigate potential risks and protect the client’s data and service integrity.

5. Ordering and Payments

Clients are required to furnish a valid payment method to complete a purchase of BroccoliHost’s services. The provision of accurate and up-to-date payment information is crucial to facilitate seamless transactions and uninterrupted service provision. BroccoliHost ensures a secure and encrypted payment process, maintaining the confidentiality of all financial details provided by clients.

Services subscribed to through BroccoliHost are set to auto-renew by default unless explicitly canceled by the client. This automatic renewal feature is designed to ensure continuity of service without interruption, providing clients with the convenience of uninterrupted access to their hosting resources.

Upon successful placement of an order, clients promptly receive comprehensive service details via email. These details include but are not limited to account credentials, service specifications, and access instructions. The control panel, a user-friendly interface provided by BroccoliHost, serves as the gateway for clients to manage and access their subscribed services effectively. Through the control panel, clients can configure settings, manage billing information, and oversee the functionalities of their hosting services.

BroccoliHost is committed to ensuring a streamlined and user-friendly experience throughout the order process and subsequent service utilization. By promptly providing service details and access instructions, BroccoliHost aims to empower clients to efficiently harness the full potential of the subscribed hosting services.

6. Refunds and Pricing

  • Refund Policy: BroccoliHost offers a 30-day refund policy applicable to most services provided, ensuring client satisfaction. However, certain services, including VPS Hosting, Cloud Hosting, Domain registration, and specific Add-ons, are exempt from this refund policy.
  • Pricing and VAT: Prices quoted for BroccoliHost services are exclusive of Value Added Tax (VAT) unless explicitly stated otherwise. BroccoliHost reserves the right to modify prices at its discretion, with or without prior notice. In the event of any pricing errors or discrepancies, BroccoliHost retains the right to contact the client to rectify and resolve the issue promptly.

7. Payment Terms

At BroccoliHost, prompt payment is essential to maintain uninterrupted access to our services. Clients are required to ensure timely settlement of invoices and subscription fees associated with their chosen hosting services. Failure to make payments within the stipulated timeframe may result in service disruption or suspension.

In the event of a payment failure, BroccoliHost is authorized to initiate subsequent attempts to charge alternative payment methods provided by the client. This authorization is granted to prevent any service interruptions and to facilitate continuous access to the subscribed hosting resources. Clients are encouraged to maintain up-to-date and valid payment information to prevent any potential service disruptions due to payment failure.

Should an invoice remain unsettled beyond the specified payment deadline, BroccoliHost reserves the right to suspend the associated services temporarily until the outstanding payment is rectified. Suspension of services due to non-payment serves as a precautionary measure to safeguard the interests of both BroccoliHost and its clients while ensuring fair and consistent adherence to payment terms.

BroccoliHost understands the significance of reliable service access for its clients and aims to provide ample notification and support in addressing any payment-related concerns to maintain an uninterrupted hosting experience.

At BroccoliHost, we prioritize delivering robust hosting services and aim to achieve an uptime of 99.9%, ensuring optimal accessibility and reliability for our clients’ websites and applications. While our infrastructure and protocols are meticulously designed to maintain high performance levels, it’s important to note that unforeseen circumstances or external factors beyond our control may impact service performance.

BroccoliHost endeavors to employ industry-leading technologies and best practices to ensure consistent uptime and service stability. However, due to the inherently complex nature of hosting environments, including network conditions, hardware configurations, and software dependencies, absolute guarantees regarding service performance cannot be provided.

While we strive for exceptional uptime and work tirelessly to mitigate any disruptions, clients are advised that occasional service interruptions or performance fluctuations may occur. These instances may result from various factors, including routine maintenance, network issues, or unforeseen technical challenges.

BroccoliHost remains dedicated to promptly addressing any service-related issues that may arise, leveraging our technical expertise and robust support systems to minimize downtime and swiftly resolve any operational concerns. Our commitment to transparency includes providing clients with timely updates and proactive communication in the event of any service disruptions or maintenance activities.

9. Hosting Service General Terms

Bandwidth Limitation

The allocated bandwidth, if explicitly specified within the selected package, serves as a pivotal resource in managing data transfer capabilities for hosted websites and applications. In cases where the prescribed bandwidth limit is exceeded, it may lead to the temporary suspension of services. BroccoliHost acknowledges the importance of uninterrupted service access and urges clients to actively monitor their bandwidth utilization through the control panel provided. Clients encountering bandwidth limitations have the option to seamlessly upgrade their packages via the control panel to accommodate increased traffic and prevent service disruption.

Resource Usage

While BroccoliHost provides generous resource allocations tailored to meet diverse hosting needs, instances may arise where a client’s website or application places excessive strain on server resources, potentially affecting the performance of other hosted accounts. In such scenarios, BroccoliHost reserves the discretion to take necessary actions to maintain optimal server performance and ensure fair resource distribution among users. This might involve measures such as temporary resource allocation adjustments or necessary interventions to address the impact on server stability, all undertaken in consideration of preserving an equitable hosting environment.

Mailbox Access

To optimize resource allocation and ensure efficient mailbox management, BroccoliHost employs a proactive approach towards inactive mailboxes. Mailboxes that remain inactive for a period exceeding 100 days are subject to removal. Clients are advised to regularly access and manage their mailboxes to prevent inadvertent data loss or mailbox removal.

Violation of Terms

Maintaining a harmonious hosting environment built on mutual respect and adherence to established guidelines is imperative. Any breaches of BroccoliHost’s Terms of Service or Acceptable Use Policy may result in account suspension. Instances of non-compliance, including but not limited to abusive behavior, unauthorized access, or engagement in activities prohibited by the Terms of Service or Acceptable Use Policy, are subject to investigation and may lead to account suspension or termination.

Please note that while bandwidth limitations are outlined in some packages or services, not all services may have specified bandwidth allocations. Clients are encouraged to review the details of their chosen packages or services to understand any bandwidth limitations or resource allocations associated with them.

Additionally, please read our Acceptable Use Policy.

10. Limitation of Liability

BroccoliHost places utmost importance on the integrity and safety of client data. However, it is crucial to acknowledge that BroccoliHost cannot be held responsible for any instances of data loss. Clients are strongly advised to adopt proactive measures and maintain regular backups of their data. Regular backups serve as a safeguard against unforeseen circumstances, ensuring the preservation and restoration of essential information in the event of data loss.

It’s important to note that while BroccoliHost prioritizes the security and confidentiality of client data, the public nature of the Internet and the inherent complexities of network transmissions mean that BroccoliHost cannot guarantee the absolute protection of the privacy of electronic communications or information transferred through the Internet or via network providers.

We do not monitor nor assume liability for the content or any other communication transmitted by clients through the Hosting Services. Furthermore, no explicit guarantees or representations are provided regarding the Hosting Services’ immunity from security incidents or unauthorized user access.

While BroccoliHost endeavors to provide a reliable and secure hosting environment, all conditions, terms, representations, and warranties not expressly outlined in these Terms of Service (or associated documents) are expressly excluded.

It is essential to highlight that certain liabilities may not be excluded or limited, including liabilities arising from death or personal injury caused by negligence, fraudulent misrepresentation, or matters that are illegal to exclude under applicable laws.

Furthermore, BroccoliHost does not assume responsibility for various types of losses, including but not limited to loss of income, revenue, business, profits, contracts, anticipated savings, goodwill, software, data, wasted expenditure, or management time, whether resulting from negligence or other causes.

To manage liabilities within reasonable bounds, our maximum aggregate liability concerning the Contract’s performance shall not exceed 100% of the price paid for the Services during the preceding 12 months.

Clients are strongly recommended to consider acquiring appropriate insurance, such as business interruption insurance, to mitigate potential risks and safeguard their business interests in case of service interruptions.

Unforeseen Circumstances Impacting Performance

We shall not be held liable for any failure or delay in fulfilling our obligations under the Contract due to events beyond our reasonable control, termed as “Force Majeure Events.”

Definition of Force Majeure Events

A Force Majeure Event encompasses any act, occurrence, non-occurrence, omission, or incident beyond our reasonable control, including but not limited to:

  • Misuse, alteration, or interference by you or any third party with our servers or systems, including virus or hacker attacks.
  • Industrial disputes such as strikes or lock-outs.
  • Civil unrest, riots, invasions, terrorist threats or attacks, declared or undeclared war, or preparations for war.
  • Natural disasters like fire, explosion, storms, floods, earthquakes, epidemics, or other calamities.
  • Infeasibility of utilizing public or private telecommunication networks.
  • Acts, decrees, laws, regulations, or governmental restrictions.

Suspension of Contractual Obligations

Our obligations under the Contract will be temporarily suspended for the duration of the Force Majeure Event. We will be granted an extension of time to fulfill these obligations.

Mitigation and Resolution Efforts

We will make reasonable efforts to resolve the Force Majeure Event or seek alternatives to fulfill our contractual obligations despite the prevailing circumstances.

11. Contract Duration, Termination, and Cancellation

Domain Registration and Renewal Service

  • The contract for our Domain Registration and Renewal Service commences upon receipt of our Acceptance Confirmation and continues until:
    • We successfully register the requested Domain Name and subsequently receive a request from you not to renew its registration.
    • Termination of the Domain Registration and Renewal Service occurs if:
      • The Domain Name becomes unavailable for registration.
      • You breach the terms and conditions stipulated herein.
      • Other reasons prevent the registration of the Domain Name.

Services other than Domain Registration and Renewal

  • Contracts for services other than Domain Registration and Renewal begin upon receipt of our Acceptance Confirmation and continue for a Minimum Term specific to the purchased Service.
  • After the Minimum Term:
    • Client Termination:
      • You, as a Client, may cancel the Contract by providing a clear statement through our online support ticket system.
    • Termination by Us:
      • We reserve the right to terminate the Contract by providing you with 30 days’ advance notice via email at your registered address.
    • Cooling-off Period:
      • You have the right as a Client to cancel any Contract within 14 days of purchase.
      • To meet the cancellation deadline, notify us before the expiry of the 14-day period. Please note this Cooling-off period does not apply to Business Clients.
    • Cancellation Process:
      • To initiate cancellation, re-confirm your request via our support ticket or live chat system. Cancellation via letter, email, or telephone is not accepted.

Payment and Refunds

  • Monthly charges for Services continuing on a month-to-month basis are billed in advance to your registered payment method on the original Service commencement date (“Payment Date”).
  • We do not refund for cancellations mid-billing period.
  • In the event of contract cancellation:
    • Refunds will be provided only as per our refund policy stated in this document.

Termination by Us

  • We reserve the right to terminate the Contract by providing you with 30 days’ advance notice via email at your registered address.
  • In case of Services cancellation by us, refunds will be provided on a pro-rata basis for the unexpired Minimum Term.

Contract Expiry or Termination

  • Contract expiry or termination does not affect rights and liabilities arising before the termination date.

Data Deletion upon Service Cancellation

7. Data Handling upon Service Cancellation
  • Upon the cancellation of your Services, all data associated with the terminated Services will be promptly and irreversibly deleted from our systems.
  • Immediate Data Deletion:
    • Any data stored or hosted within the context of the canceled Services will be subject to immediate and permanent removal from our system upon cancellation.
  • Client Responsibility for Data Preservation:
    • To prevent data loss, it is strongly recommended that you create appropriate backups of your data before initiating the cancellation of your Services.

Written Communications and Electronic Correspondence

Electronic Communication Acceptance

  • Legal stipulations necessitate that certain information or correspondence must be in written form. To adhere to these regulations, our mode of communication with you primarily operates through electronic means when utilizing our website and services.
    • Preferred Communication Method:
      • We employ email communication and utilize website notifications to disseminate crucial information and correspondence. Your engagement with our services signifies your understanding and agreement to electronic communication as the principal avenue for contracts, notifications, essential information, and other correspondences.
    • Compliance with Legal Standards:
      • All contracts, notices, essential information, and other communications delivered to you electronically adhere to the legal requirements of written communications. This acknowledgment and acceptance of electronic communication do not infringe upon or affect your statutory rights or protections.
    • Accessibility and Record Keeping:
      • We maintain records of electronic communications to ensure accessibility and accountability. These records serve as an integral part of our service delivery and are available upon request, adhering to applicable legal guidelines and regulations.

Opt-Out Provision

  • While electronic communication serves as our primary mode of correspondence, you retain the right to opt-out of electronic communication and request specific communications to be delivered via traditional written methods, where permissible under the applicable laws.
    • Opting for Traditional Written Communication:
      • If you choose to receive communications through traditional written methods rather than electronically, please contact our support team to make the necessary arrangements. However, note that certain communications may necessitate electronic delivery as required by law or practicality.

12. Modification of Terms

BroccoliHost retains the right to modify, update, or amend these Terms of Service as deemed necessary. Such modifications may arise due to changes in legal requirements, service enhancements, or business developments. In the event of any modifications to these Terms, BroccoliHost undertakes to notify clients promptly.

Clients will be duly informed of any changes to the Terms of Service through prominent communication channels, which may include but are not limited to email notifications, notifications within the client’s control panel, or notifications posted on the BroccoliHost website. It is the responsibility of clients to review these notifications and familiarize themselves with any updated or revised Terms.

Continued usage of BroccoliHost’s services following the implementation of modified Terms constitutes acknowledgment and acceptance of these revisions. Clients are encouraged to regularly review the Terms of Service to remain informed of any alterations that may affect their usage of the hosting services provided by BroccoliHost.

BroccoliHost aims to maintain transparent communication and endeavors to ensure that clients are well-informed and prepared for any modifications that may impact their use of the services.

13. Governing Law

The Terms of Service outlined herein are governed and construed in accordance with the laws of the United Kingdom. Any disputes, disagreements, or legal proceedings arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts within the United Kingdom.

By utilizing BroccoliHost’s services, clients agree to submit to the jurisdiction of the courts within the United Kingdom regarding any legal matters related to the interpretation, application, or execution of these Terms of Service.

BroccoliHost endeavors to adhere to the legal framework established by the laws of the United Kingdom, ensuring compliance and accountability within the legal jurisdiction governing these Terms of Service.

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