Flavr Managed Hosting Terms of Service
1. Terms of use
1.1 The terms of use (“Terms”, “Terms of Service”, “Terms and Conditions”, “Terms and Conditions of Service”, “Terms of Use” or “Conditions”) together with the documents referred to in it (the “Terms”, “Documents” or “Policies”), set out the terms of use on which you may make use of our website flavr.co.uk (our site), and the services provided by us (our services), whether as a guest or a registered user. Use of our site or our services includes accessing, browsing, or registering to use our site or services.
1.2 We collect and use your information to enable us to provide you with our services (collectively referred to as “Services” or the “Service”). Flavr provides services via its website flavr.co.uk (collectively referred to as our “Site”).
1.3 Flavr is the controller and responsible for your personal data (collectively referred to as “We”, “Us” or “Our” in this document).
1.4 The person who signs up for and pays for the Managed Hosting service is (collectively referred to as “Client” or “You”).
1.5 Please read these terms of use carefully before purchasing our services, as these will apply to your use of our site.
1.6 By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
1.7 If you do not agree to these terms of use, you must not use our site or our services.
2. The contract between us
2.1 These Terms, together with the documents referred to in it, constitute the entire agreement between you and us (the “Contract”, the “Contractual Agreement”, the “Agreement” or the “Hosting Agreement”).
2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
2.3 By signing up and paying for a Managed Hosting package, you accept these Terms, and a legally binding contract is formed between us upon payment confirmation.
2.4 To enable us to process your order, you will need to provide us with your email address. We will notify you by email as soon as possible to acknowledge receipt of your order. For the avoidance of doubt, this correspondence does not constitute a contract between us.
2.5 If we are unable to supply you with the Service ordered, for example due to a technical error, we will inform you of this by email. If you have already paid for the Service, we will refund you the full amount.
3. Description of the Service
3.1 Flavr provides fully managed hosting: we handle server setup, configuration, maintenance, updates, security, and backups (as per your package).
3.2 You do not receive direct server-level access, control panel access, or root access except when necessary for migration purposes (see Section 12).
3.3 The detailed features of each hosting package are listed on your main site (flavr.co.uk). Those features are incorporated by reference into the contract.
3.4 We reserve the right to adjust minor technical details of the hosting environment (e.g. change server IP, migrate to a different data centre, adjust configurations), provided that the changes do not materially degrade the Service for you.
4. Client Conduct
4.1 Under no circumstances will we tolerate threatening or abusive behaviour towards our staff. Should this occur, we reserve the right to terminate the Hosting Agreement with immediate effect.
4.2 Should the client, during the course of a telephone or live chat conversation, email or support ticket, make reference to “legal action” or say anything we reasonably interpret to imply or infer that the client may intend to pursue a legal claim against us, we reserve the right to suspend or terminate the customer’s Account with immediate effect, terminate the Hosting Agreement and execute immediate, temporary or permanent withdrawal of your right to use our site and services. In addition, we will refuse telephone support going forward. Any further correspondence must then be sent by email.
4.3 If a staff member or client feels in any way threatened through the direct or indirect actions of another client, we reserve the right to provide all evidence, including chat logs and phone call recordings, to the police or other relevant authority. We will use reasonable endeavours to ensure threatening and abusive clients are reported to the relevant authority, and if commercially viable, pursue legal action.
4.4 Should we feel that your needs would be better served by another provider, we reserve the right, at our sole discretion, to terminate the Hosting Agreement. Where it is reasonable to do so, we will provide a 7-day notice of termination and provide a backup of all website content, however, under certain circumstances, there may be no required notice period.
5. Payments
5.1 Hosting fees are payable in advance as per your invoice and sent to your registered email address. It is your responsibility to ensure this email address is kept up to date and can receive emails from “[email protected]”.
5.2 It is important that we receive payment on time. All services must be paid for by the due date shown on the invoice unless a written adjustment has been agreed. If payment is late, we may suspend (7 Days) or terminate the Service (30 Days).
5.3 Late payments may incur additional fees (10%).
5.4 Unless otherwise stated, all payments must be received in UK Pounds sterling (£). If you pay by foreign bank transfer, then you must be responsible for all foreign currency charges.
5.5 We use all reasonable endeavours to keep your renewal price unchanged. However, we reserve the right to alter our prices or introduce additional charges at any time and will notify you of any alteration by providing you with a written notice. Notice of any price alteration will be sent via email to the email address that we hold for you in our account. If you have already purchased a service, then the price alteration will only become effective when the service reaches the end of its current term.
5.6 You warrant that you are lawfully authorised to make payment using the payment card or facility you disclose to us. In the event where you are not the named cardholder, you acknowledge that you and the named cardholder both accept these terms and conditions and are jointly and severally liable for any payment(s) due. You hereby indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.
5.7 If you attempt a chargeback or dispute a transaction with your bank, we reserve the right to suspend all services provided to you with immediate effect. Services will remain suspended and until such time as the chargeback has been fully reversed in our favour.
5.8 You can only pay for the Services using a debit or credit card, Stripe, GoCardless or Bank Transfer.
6. Refunds & Money-Back Policy
6.1 When ordering any service, you understand that the supply of the Service commences immediately.
6.2 If you are dissatisfied for any reason within the first 14 days of placing your first order, you are free to cancel and receive a full refund including the time already used, less any non-recoverable transaction or processing fees. We would prefer if you could contact us prior to requesting a refund, as we will be able to resolve your problem most of the time.
6.3 Only your first order is eligible for the Refunds & Money-Back Policy. Subsequent orders, even if they are placed within the first 14 days of your first order, are not eligible for the Refunds & Money-Back Policy.
6.4 The Refunds & Money-Back Policy does not apply if you have, or at some point have had, another customer account or service, whether as an individual or business.
6.5 The Advanced (£250/month) package, any Bespoke or Custom package, and any other items except standard packages are not refundable.
6.6 Migrations and transfers are non-refundable once work is agreed, work commences, or on initiation of payment. Whichever comes first.
6.7 After the 14-day window, all hosting fees are not refundable.
6.8 Refunds can take 30 working days, plus the time taken for your bank to process the refund.
6.9 This policy does not cover accounts which have violated our Acceptable Usage Policy or Terms of Service.
7. Notice Period, cancellation & termination
7.1 You may terminate the Service by giving written notice (email or support ticket). No cash refunds will be issued upon cancellation. All unpaid or outstanding invoices must be paid before cancellation can be processed.
7.2 For standard packages, you must provide one (1) months notice prior to your next billing cycle.
7.3 For the advanced (£250/month) package, you must give three (3) months notice. This reflects the increased resources, support, and ongoing commitments involved with larger websites, and allows time for planned migrations where required.
7.4 Termination does not release you from any payment obligations incurred prior to the effective termination date.
7.5 Upon termination, we will assist with migration (if requested) as per Section 12.
8. Refusal of Service
8.1 Flavr reserves the right, in its sole and absolute discretion, to suspend or terminate your Account for any reason, with immediate effect. We reserve the right to refuse our services to any client. If the client already has an active service, as long as the client is compliant with our policies, we will make every effort to contact the client and provide a backup of data before terminating their service. We may also ask any client to produce proof of identity and proof of address. If a client fails to provide this verification, we may cancel and refund their order. We may choose to ban a client by the immediate, temporary or permanent withdrawal of your right to use our site and services. Should this be the case, we will inform them via email, live chat, phone, or in some cases in person. We may issue temporary or permanent bans from our website or services. Notification will be provided via email, ticket, phone, or other reasonable means. Clients who are banned are not entitled to refunds for any unused portion of their service. We may also block IP addresses associated with repeated or fraudulent orders. Flavr retains the right to terminate the Hosting Agreement at any time at our sole discretion.
8.2 If you violate any of our Policies, including those referred to in these Terms, your account may be terminated immediately and without notice or reimbursement.
8.3 Flavr reserves the right to suspend or terminate your account, refuse service, and/or terminate the Hosting Agreement if you engage in any prohibited behaviour, including but not limited to:
• using offensive, abusive, or violent behaviour;
• making threats or engaging in harassment;
• participating in activities relating to illegal drugs, gambling, weapons and arms, fraud, pyramid schemes, chain letters, or any other activity deemed illegal or unethical at our sole discretion;
• violating copyright or other applicable intellectual property laws;
• acting in an aggressive, threatening, or violent manner towards Flavr, its staff, contractors, or affiliates.
8.4 In the event a client violates any of our Policies, we will store a permanent record of their account details at the time of the violation and the account will be marked as closed. This record may not be modified or deleted, and the client will be prohibited from placing new orders.
9. Disclaimer, Limitation of Liability and Copyright
9.1 Our Liability
9.1.1 We do not warrant fitness for any specific purpose. Flavr cannot be held liable for any consequential loss or damage arising directly or indirectly from use of the Service, misuse of the Service, misuse of our service, downtime, service issues, data loss or any other event.
9.1.2 Our maximum aggregate liability to you under or in connection with this Agreement, in respect of any direct loss (whether in contract or tort), shall not exceed the fees paid by you for the Service to which the claim relates during the one-month period prior to the claim.
9.1.3 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from our negligence, the negligence of our employees or our sub-contractors. We will not be liable for any interruptions to services arising directly or indirectly from:
• interruptions to data flow to or from the internet;
• failures or interruptions of services provided by third parties;
• factors outside our reasonable control;
• your actions or omissions;
• issues with your own equipment or third-party equipment.
9.1.4 No action or proceedings against us arising out of or in connection with this Agreement shall be commenced more than one year after services rendered, and both parties acknowledge that this clause constitutes an express waiver of any rights under any otherwise applicable limitation periods.
9.1.5 Our liability will not exceed the total amount paid for one month of the service. If you have sensitive or mission-critical data to host, you must seek your own insurance and independent legal advice.
9.1.6 Our backups are intended as a convenience service and are not guaranteed or intended to replace your backup procedures. It is your sole responsibility to ensure you have a backup of all your important data.
9.1.7 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under English law.
9.1.8 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
9.1.9 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use our site; or
• reliance on any content displayed on our site.
9.1.10 If you are a business user, please note that we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
9.1.11 Our site may be used for both personal and business purposes. However, we are not liable for any loss of profit, loss of business, business interruption, or loss of business opportunity, except where such liability cannot be excluded by law.
9.1.12 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
9.1.13 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
9.2 Third Party Services
9.2.1 Some services we provide (such as domain names and SSL certificates) are fulfilled by third-party providers. Although we process orders promptly, we cannot be held liable for failures or delays caused by these third parties.
9.2.2 All third-party software and hardware is supplied subject to the relevant vendor’s licence or terms. Where possible, we will pass on any warranties or representations we receive from the third-party supplier.
10. Backups & Data
10.1 Flavr maintains daily backups for all Managed Hosting packages. These backups are primarily used to restore a previous version of a website or to facilitate server migrations. Backup data is stored on secure servers.
10.2 If data is lost through the direct or indirect actions of the customer, Flavr, or any other party, the customer can contact Flavr and ask for a backup.
10.3 Backups are provided as a convenience and are not guaranteed. You should maintain your own independent, external backups at all times.
10.4 Flavr is not liable for any data loss, lost revenue, or other damages arising from backup failure, corruption, or restoration errors (see 10.3).
11. Changes to these terms and our site
11.1 Flavr may revise these Terms from time to time to comply with legal requirements or to meet our changing business needs. Notice of any changes will be provided (e.g. by email).
11.2 Clients should review this page when changes are made as they are binding to you.
11.3 We may adjust pricing for new or renewing packages; you will be notified of any changes in advance (e.g. by email).
11.4 We may update our site from time to time and may change its content at any time. Please note that some content on our site may become outdated, and we are under no obligation to update it.
11.5 We do not guarantee that our site, or any content on it, will be free from errors or omissions.
12. Migration
12.1 Flavr will use reasonable endeavours to assist you in migrating your site to us. Transfers are not provided as a courtesy service. We do not guarantee the availability, feasibility, or time required to complete any migration. Hosting providers differ significantly in configuration, and some use proprietary or incompatible systems, which may make it difficult or impossible to migrate some or all data.
12.2 All migration requests should be made in writing.
12.3 Flavr is not liable for any issues arising from migration efforts performed by you or third parties (including hosting provider setup, current website configuration, or pre-existing integrations).
12.4 We will provide reasonable assistance if you choose to migrate away to another provider.
12.5 We reserve the right to charge an appropriate fee for any migration or transfer request, regardless of circumstances.
12.6 Flavr will not be liable for any lost or missing data resulting from a transfer to or from us. You remain solely responsible for maintaining your own data backups at all times.
13. Force Majeure
13.1 Flavr is not responsible for any failure or delay in performing its obligations under this Agreement where such failure or delay results from causes beyond its reasonable control, including (but not limited to) acts of God, strikes, government restrictions, network failures, lock-outs, or other industrial disputes.
14. Assignment & Severability
14.1 You may not assign or transfer any of your rights or obligations under this Agreement without Flavr’s prior written consent.
14.2 Flavr may assign or transfer its rights or obligations under this Agreement at any time.
15. Other Important Terms
15.1 Notices from Flavr to you (including service updates or changes to these Terms) will be provided via email or posted on the billing portal.
15.2 Notices from you to Flavr must be sent to the email address listed in your account.