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Terms & Conditions

Overview

We want to make being a Visitor UK customer the best experience it can be. If you have any queries about our terms of use, please email support support@visitoruk.co.ukVisitor UK provides internet and web based services and all our services are covered by the General Terms and Conditions. There may also be service specific terms and conditions.

Our business is continually evolving and as such we reserve the right to change our Terms and Conditions when necessary. It is your responsibility to ensure that you are up to date with all of our T&Cs. We will, however, notify you of any prominent changes we feel you need to be pro-actively made aware of.

General terms and conditions

These General Terms & Conditions and any Service Specific Terms & Conditions, and any information relating to the Service purchased from Visitor UK forms the Agreement between Us. If any of these General Terms & Conditions are inconsistent with any terms set out in Visitor UK Service specific terms & conditions, the Service specific terms & conditions shall prevail.

1. Definitions

1.1 "Agreement" means any agreement to which these terms & conditions are incorporated.

1.2 "Visitor UK" means Visitor UK Limited with registered office at The Old Vicarage, Church Close, Boston, Lincolnshire, PE21 6NP company number 4333234.

1.3 "Prices" means the Prices for the Services set out in order form or as otherwise notified to You.

1.4 "Services" means the Services to be provided by Visitor UK.

1.5 "You/Your" means the person or company who purchases Services from Visitor UK s.

2. Duration and Automatic Renewal of Services

2.1 Unless specifically stated to the contrary in the details of the Service You purchase, all Services for which payment is required are provided for a fixed annual (i.e. 12 month) term. The contract will automatically renew on its anniversary date and continue for successive further 12 month periods, unless terminated in accordance with these General Terms & Conditions or the Services or Package specific terms, if different to these General Terms & Conditions.

2.2 Unless specifically stated to the contrary in the details of the Service You purchase, all Services for which payment is required annually in advance shall be provided for a fixed annual (i.e. 12 month) term. The contract will automatically renew on its anniversary date and continue for successive further 12 month periods, unless terminated in accordance with these General Terms & Conditions or the Services specific terms, if different to these General Terms & Conditions.

2.3 Unless specifically stated to the contrary in the details of the Service You purchase, all Services for which payment is required biennially in advance shall be provided for a fixed biennial (i.e. 24 month) term. The contract will automatically renew on its anniversary date and continue for successive further 24 month periods, unless terminated in accordance with these General Terms & Conditions or the Services specific terms, if different to these General Terms & Conditions.

2.4 Please be aware that unless You terminate the Services in accordance with clause 3 below or the Services specific terms, the Services will automatically renew on the anniversary date of the contract for a successive contract term and You will be responsible for a further 12 or 24 months Prices whichever is applicable. If you choose to terminate the Services any time after the anniversary date of the contract You will still be required to pay the Prices for the remaining period of the then current term of the contract.

3. Cancellations

3.1 You are entitled to cancel the Services by submitting a written cancellation request to our support team at support@visitoruk.co.uk no less than 7 days prior to the anniversary date of the contract term or the relevant service specific terms & conditions pertinent to the Services you have purchased.

3.3 Visitor UK reserves the right to cancel and/or suspend Your Service at any time without notice if You breach these General Terms & Conditions and/or Service Specific Terms & Conditions and/or our Acceptable Use Policy.

4. Refund Policy
Customers are not entitled to a refund once they are using Visitor UK services. However, circumstances may occur where a refund is deemed necessary and may occasionally be offered at the sole discretion of the management.


4.1 Charges due on a pre-pay basis (together with account set-up fees, where applicable), are generally non-refundable. However refunds may occasionally be considered at the discretion of the management.

4.2 In the event that Visitor UK cancels Your Service for reasons other than Your breach of contract, You will be entitled to a pro rata refund based upon the remaining period of Your current contract term.

4.3 If You contravene Your Agreement with Visitor UK, a refund will not be issued in the event of a cancellation.

5. Payment

5.1 All Services must be paid for in advance in accordance with the specific provisions of that Service.

5.2 Payment will be due on the basis of the Service You have selected. If You have purchased Services on an annual (12 month) or biennial (24 month) basis then You will be required to pay pursuant to the payment plan You selected, either paying annually or biennially in advance or by way of monthly instalments in advance throughout the year.

5.3 You will be automatically charged the Price again on the anniversary date of the contract term unless You have cancelled the Services in accordance with Visitor UK’s cancellations procedure set out in clause 3 above. Payment of the Price will be taken via the payment method You have provided to Visitor UK.

5.4 Visitor UK reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. Notice of changes to Prices and/or Services will be given by e-mail to the e-mail address You have provided to Visitor UK. If You have already purchased a particular Service then the change in the Price or nature of that Service will only become effective when the Service reaches the end of its current term. You will be charged the new Price when the Service is automatically renewed at the end of the current term.

5.5 All payments must be made in UK pounds sterling, inclusive of applicable taxes.

5.6 You warrant that You are lawfully authorised to make payment using the payment card or facility You disclose to Visitor UK. In the event that You are not the named card holder, You acknowledge that You and the party who is the named card holder both accept Visitor UK’s Terms & Conditions and are jointly and severally liable for the payment of all Prices for which payment will be taken from the payment card, the details of which You have provided. You will indemnify and hold Visitor UK harmless in the event that the cardholder or issuer declines any transaction for payments to Visitor UK, including all of Visitor UK’s costs in administering Your non-payment and obtaining payment of those Prices due.

5.7 Where You provide Visitor UK with information relating to a third party, including but not limited to the use of their payment details, either in accordance with clause 5.6 above or for any other purpose, You warrant that You have obtained express consent from the third party for Visitor UK to use their information and you consent that we may share your information, including but not limited to the Services You have purchased, to enable the third party to ascertain the terms of your Agreement with Us and why we are authorised to take payment from the third party's payment card or PayPal account, if necessary, to contact the third party for the purposes of this Agreement.

5.8 Visitor UK reserves the right to suspend Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £20 administration charge. You are responsible for all money owed on the account from the time it was established until Visitor UK accepts Your cancellation request.

5.9 You are required to have a valid email address and credit/debit card and/or PayPal account registered to Your account at all times, failure to do so will result in automatic suspension of Your account. If You cancel Your credit/debit card and/or PayPal account for any reason You must immediately notify Visitor UK and provide details of a current valid payment card and/or PayPal account.

5.10 PayPal - Payments processed by PayPal are subject to PayPal's terms and conditions of Service, and Visitor UK makes no representations or warranties with respect to those Services.

5.11 No bills or invoices will be sent by regular mail. All invoices will be sent directly to You via email shortly after the purchase or automated renewal transaction is completed.

5.12 If You fail to pay all Prices due, Visitor UK reserves the right to interrupt, suspend or cancel the Services to You. Such interruption, suspension or cancellation does not relieve You from paying all Prices which are overdue and payable to Visitor UK.
6. Chargebacks
6.1 If You withdraw any payments made via a bank, credit card or PayPal account (a "chargeback") You may be subject to a administration fee of £50, should Visitor UK deem the chargeback to be unfair. Visitor UK also reserves its right to defend such chargebacks and recover the original monies from You or the card issuer.

6.2 If a chargeback is made, Visitor UK reserves the right to interrupt, suspend or cancel the Services. Such interruption, suspension or cancellation does not relieve You from paying the original Prices which are overdue and payable to Visitor UK.

7. Appropriate Service use
7.1 Visitor UK reserves the right to refuse Services to anyone.

7.2 Visitor UK does not allow any content which breaches our Acceptable Use Policy to be stored on its servers:

7.3 Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of Visitor UK.

8. Support
8.1 We will endeavour to provide a continuous high quality service. If You experience problems with Your Service, You should email support@visitoruk.co.uk

9. Your personal details
9.1 Please note that whilst Your email is primarily used for billing purposes, Visitor UK reserves the right to email You information about enhancements to Visitor UK systems and product offerings. You can unsubscribe from marketing communications by emailing support@visitoruk.co.uk

9.2 We will not provide any of Your personal information to other companies or individuals without Your permission. However, we may need to provide Your name and delivery address to third parties that Visitor UK may use for the purposes of delivering specific Services to You (e.g. customer support). For more information about how we collect and use Your personal information please read Visitor UK privacy policy.

10. Visitor UK Disclaimers and Warranties
10.1 For web hosting customers; Visitor UK does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Visitor UK cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all Service interruptions caused by Visitor UK and its employees.

10.2 Visitor UK makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder "as is" without warranty of any kind.

10.3 So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.

10.4 For the avoidance of doubt, any use of the Services in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.

11. Liability
11.1 Visitor UK shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.

11.2 Visitor UK will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.

11.3 No matter how many claims are made and whatever the basis of such claims, Visitor UK’s maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to twice the fees paid by You for the Services in relation to which Your claim arises during the 12 month period prior to such claim.

11.4 Visitor UK shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-

11.4.1 interruptions to the flow of data to or from the internet;

11.4.2 changes, updates or repairs to the network or software which it uses as a platform to provide the Services;

11.4.3 the effects of the failure or interruption of Services provided by third parties;

11.4.4 factors outside of Visitor UK’s reasonable control;

11.4.5 Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;

11.4.6 problems with Your equipment and/or third party equipment;

11.4.7 interruptions to the Services requested by You.

12. Force Majeure
12.1 Visitor UK shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of Visitor UK (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication Services generally, or other similar force beyond its reasonable control.

13. Non-Waiver
13.1 The failure of Visitor UK to require Your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Visitor UK of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

14. Survival
14.1 The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable not with standing termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.

15. Notice
15.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by Visitor UK to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information You have provided.

16. Governing Law
16.1 Except as otherwise set forth in the Domain Dispute Policy, Your rights and obligations and all contemplated by this Agreement shall be governed by English law and You submit to the exclusive jurisdiction of the English Courts.

17. Legal Fees
17.1 If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.

18. Assignment
18.1 You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of Fasthosts However, in the event that Fasthosts consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

19. Entire Agreement
19.1 This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth here in.

20. Amendment in Writing
20.1 We may update or amend these General Terms and Conditions, the Service Specific Terms & Conditions including any technical specification relating to the Services, the Acceptable Use Policy, Privacy Policy and any information relating to the Services from time to time to comply with law or to meet our changing business requirements. We will give You prior notice of any changes to the Agreement and You can choose to cancel the Services without penalty before the new terms affect you.

21. Further Assurances
21.1 The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.

22. Relationship of the Parties
22.1 Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.

23. Joint and Several Obligations
23.1 If any party consists of more than one entity, their obligations here under are joint and several.

24. No Third Party Beneficiaries
24.1 This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.

25. Severability
25.1 In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Visitor UK will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Visitor UK as reflected in the original provision.

Please note: by signing up for any of Visitor UK Services You agree to be bound by all Visitor UK terms and conditions.

Please note: by signing up for any of our services you agree to be bound by all Visitor UK terms and conditions.

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Terms & Conditions