Terms & Conditions

• 1. WHAT FORMS THE AGREEMENT
  • 1.1. By applying for our Services, you agree that this Agreement shall apply to those Services. This Agreement shall come into force if and when we email you to confirm acceptance of your application.
  • 1.2. In addition to these Terms, applicable Specific Terms will apply to particular Services. We shall notify you of those Specific Terms when you apply for Services.
  • 1.3. This Agreement set out all the terms agreed between us about the subject matter of this Agreement. This Agreement supersedes all previous negotiations, understandings and representations.

• 2.DEFINITIONS
  • 2.1. In these Terms, certain words and phrases have defined meanings:

Word or Phrase	Meaning
Agreement	these Terms, together with any Specific Terms
Confidential Information	the trade secrets, operations, processes, plans, intentions, product information, prices, know - how, designs, customer lists, market opportunities, transactions, affairs and/or business of you or us. This Agreement is our Confidential Information
Consumer	an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession;
Intellectual Property Rights	copyright, database right, patents, registered and unregistered design rights, registered and unregistered trade marks, and all other industrial, commercial or intellectual property rights existing in any jurisdiction in the world and all the rights to apply for any of these
Interest Rate	2% above Barclays Bank plc’s base rate per annum
us; our; we	Sub 6 Limited (registered office Strawberry Fields Digital Hub, Euxton Ln, Chorley, PR7 1PS, Company No. 04439133)
Server	means any server that we allow you to access or in which we allocate you resources, as described in the specification applicable to the Services in question
Services	the services provided by us to you under these Terms or the applicable Specific Terms
Software	any software that we provide to you under this Agreement
Specific Terms	any of our Specific Terms that are applicable for particular Services
Start Date	the date on which we email you to confirm acceptance of your application
Terms	these Standard Terms
you; your	You, our customer

• 3. INTERPRETATION
  • 3.1. In this Agreement:
    • 3.1.1. References to clauses are to the clauses of these Terms;
    • 3.1.2. References to paragraphs are to the paragraphs of Specific Terms;
    • 3.1.3. Headings are for ease of reference only;
    • 3.1.4. Wherever the words “including”, “include”, or “includes” or are used they shall be deemed to be followed by the words “without limitation” unless the context otherwise requires;
    • 3.1.5. If there is any conflict or inconsistency between these Terms and Specific Terms in relation to particular Services, the Specific Terms shall have precedence for the relevant Services; and
    • 3.1.6. All rights and remedies referred to in this Agreement are cumulative and not to the exclusion of other rights and remedies, unless expressly stated otherwise.

• 4. LAW
  • 4.1. This Agreement is governed by English law

• 5. HOW WE VARY THIS AGREEMENT OR A SERVICE
  • 5.1. We, but not you, may vary this Agreement or the Services by notifying you of the change by email or in writing. We will give you a reasonable period of notice of the variation
  • 5.2. If we vary the Services, we may increase the fees for the Services
  • 5.3. If we notify you of variation of the Services (or part of the Services) entailing either increased fees or materially reduced functionality, you may cancel the varied parts of the Services for any reason by giving not less than 14 days’ notice from the date on which you receive notice of the variation from us. We shall refund you a proportion of the fees representing the number of paid - for days of the Services that you will not be receiving due to termination

• 6. WE DEPEND UPON EACH OTHER
  • 6.1. If we fail to do something that we ought to do under this Agreement and that directly causes you to fail to do something that you ought to do under this Agreement then we will not treat your failure as a breach of contract in those circumstances. You will treat us in the same way.

• 7. YOUR OBLIGATIONS
  • 7.1. Whilst this Agreement is in force, you shall
    • 7.1.1. Comply with our reasonable instructions, guidelines and directions about the use of the Services, including the acceptable use policy set out in the Specific Terms;
    • 7.1.2. Behave at all times in a polite and professional manner towards us and our staff
    • 7.1.3. Maintain such backups and disaster recovery and resiliency plans as you consider appropriate;
    • 7.1.4. Store securely any access credentials, and shall notify us immediately upon becoming aware of any loss or compromise of such access credentials;
    • 7.1.5. Not sell, deal, transfer, or otherwise make available the Software or the Services to any third party for any purposes except as expressly permitted by this Agreement; and
    • 7.1.6. Comply with all applicable law.
  • 7.2. You warrant that you have the full power and authority to enter into this Agreement.
  • 7.3. You agree that any breach of this clause 7 shall be a material breach of this Agreement.

• 8. CONNECTIVITY OR SERVICE ACCESS
  • 8.1. Unless any Specific Terms state otherwise where the Services includes the provision of connectivity to the internet or access to a Server, you shall not be entitled to such Services until we notify you (by email, telephone or in writing) that it is ready for use.
  • 8.2. Any IP addresses we assign to you remain our property. We reserve the right to change (including reduce) any IP address assignment. We shall use reasonable efforts to give you reasonable advance notice of such a change.
  • 8.3. We may suspend all or part of the Services if, in our reasonable opinion, it is necessary to do so to stop or mitigate any problem or attack affecting our network, equipment, or services (including any network, equipment, or services provided to another customer).

• 9. TECHNICAL SUPPORT
  • 9.1. Subject to clause 12.2, during the term of the Agreement, and provided that you are up to date with all payments to us under this Agreement and any other agreement, we will provide you with reasonable technical support for the Services in accordance with our support charter available at https://flxi.uk/

• 10. CONFIDENTIALITY
  • 10.1. Each of us shall, for the Confidential Information for which each of us is the recipient:
    • 10.1.1. Keep the Confidential Information strictly confidential and not disclose any part of it to any person except as permitted by or as required for the performance of the recipient’s obligations under this Agreement
    • 10.1.2. Take all reasonable steps to prevent unauthorised access to the Confidential Information
    • 10.1.3. Not use the Confidential Information other than for the purposes set out in this Agreement.
  • 10.2. Each of us may disclose the Confidential Information to, and allow its use in accordance with this Agreement by the following (as long as the conditions in clause 10.3 are met)
    • 10.2.1. Employees and officers of the recipient who require it for the recipient to perform its obligations under this Agreement
    • 10.2.2. The recipient’s auditors and professional advisors solely for the purposes of providing professional advice
  • 10.3. As a condition of the rights set out in clause 10.2 the party wishing to exercise the rights must:
    • 10.3.1. Ensure that any party to whom it discloses Confidential Information is under an obligation of confidentiality about such Confidential Information; an
    • 10.3.2. Procure that such persons observe the restrictions in this clause 10.
  • 10.4. With the exception of the Software and the Services, the restrictions in clause 10.1 do not apply to any information to the extent that it:
    • 10.4.1. Is or comes within the public domain other than through a breach of clause 10.1; or
    • 10.4.2. Is in the recipient’s possession (with full right to disclose) before receiving it from the other party; or
    • 10.4.3. Is lawfully received from a third party (with full right to disclose); or
    • 10.4.4. Is independently developed by the recipient without access to or use of the Confidential Information.

• 11. INTELLECTUAL PROPERTY RIGHTS
  • 11.1. We, or our licensors, own all Intellectual Property Rights in the Services and the Software. You shall acquire no rights in the Services or Software
  • 11.2. You shall indemnify and keep us indemnified against any and all losses, costs, damages, liabilities, claims, demands and expenses suffered or incurred by us (including legal expenses reasonably and properly incurred) arising out of any claim brought against us by any third party alleging that its Intellectual Property Rights are infringed by the use by you of the Services or Software.

• 12. SOFTWARE
  • 12.1. Where we license Software owned by third parties to you, you agree that you shall comply with any licence terms of such third parties.
  • 12.2. Where we permit you to install software, or provide you with a facility for the installation of software, you are responsible for, and are liable for, all aspects of this software, including its security, configuration, and suitability for your purpose. We do not provide technical support in respect of software which you have installed.

• 13. DOMAIN NAMES AND SSL CERTIFICATES
  • 13.1. If you buy a domain name or SSL certificate through us, you acknowledge and agree that once you have paid for the domain name or SSL certificate, we will arrange for it to be registered or produced for you. We cannot amend that domain name or SSL certificate following purchase. It is therefore your responsibility to ensure that you enter the domain name and other details correctly when you apply for either.
  • 13.3. You agree that, for the purposes of purchasing an SSL certificate, we act as an agent of the SSL certificate vendor, and that you are entering into a contract directly with the SSL certificate vendor.
  • 13.4. Neither domain names nor SSL certificates renew automatically, and it is your responsibility to make sure you make suitable provision for renewal in a timely manner. We offer an option for automatic renewal of domain names via your account on our website, but we do not accept any liability if you activate this function and it fails to renew your domain name.

• 14. INDEMNITIES
  • 14.1. You agree to fully indemnify and keep us fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including legal fees) whatsoever incurred by us and arising from any of the following
    • 14.1.1.Your breach of this Agreement, your negligence or other act, omission or default;
    • 14.1.2.The operation or break down of any equipment or software owned or used by you (except for the Server and Software); and
    • 14.1.3. Your use or misuse of the Services and/or the Server

• 15. LIMITS ON LIABILITY
  • 15.1. Save as expressly set out in this Agreement, all other conditions, warranties or other terms which might have effect between you and us or be implied or incorporated into this Agreement, whether by statute, common law or otherwise, are hereby excluded to the extent permitted by law, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care. This clause 15.1 shall not apply if you are a Consumer.
  • 15.2. Neither party limits or excludes its liability to the other for personal injury or death caused by its negligence, for fraud or fraudulent misrepresentation, or for any matter for which, at law, a party cannot limit or exclude its liability.
  • 15.3. You do not limit or exclude your liability for the indemnities set out in clauses 11.2 and 14, or for sums due under this Agreement.
  • 15.4. Subject to clauses 15.2 and 15.3, neither party shall be liable to the other for special, indirect, or consequential losses, nor for the following types of loss, whether direct, indirect, special or consequential, in each case however caused:
    • 15.4.1. Financial loss, including loss of profits, earnings, business, goodwill, business interruption;
    • 15.4.2. Expected or incidental losses; loss of expected savings; loss of sales; failure to reduce bad debt; reduction in the value of an asset;
    • 15.4.3. Loss of, or corruption to, data, or loss of right to use domain names.
  • 15.5. Subject to clauses 13.4, 15.1 - 15.4, 16.10, and 23.5:
    • 15.5.1. For other claims for personal injury or death and claims for the damage to or loss of tangible property (except claims relating to data contained on any tangible media), each party’s liability to the other shall be limited to £10,000 in aggregate for the term of the Agreement; and
    • 15.5.2. For any other claim, our loss, our liability to you shall be limited to the amount of fees paid by you under this Agreement in the twelve month period preceding the day on in which the claim arose, and your liability to us shall be limited to the amount of fees paid or payable by you under this Agreement in the calendar year in which the claim arose.
  • 15.6. You agree that the provisions of this clause 15 are fair and reasonable.

• 16. PAYMENTS AND INVOICING
  • 16.1. You must pay the fees for the Services, including any applicable setup fees, and all other sums due under this Agreement.
  • 16.2. All the prices and charges that we quote are exclusive of VAT and we charge this in addition where it applies at the prevailing rate.
  • 16.3. You must have a valid payment mechanism set up with us. This can be either a debit or credit card, or a Direct Debit.
  • 16.4. You can amend your stored debit or credit card details at any time via your account on our website. You must only store a card which is registered in your name and in respect of which you have the right to make charges. You must ensure that your stored card is valid, has not expired, and has sufficient funds available.
  • 16.5. If you choose to pay by Direct Debit, you are responsible for ensuring that payment is collected. If a Direct Debit collection fails, we will not make further attempts to collect it, and you must pay the sum by debit or credit card.
  • 16.6. For Services which are billed monthly, payment is due on the same day of each calendar month based on the Service Start Date, for that month’s Services. For Services which are billed annually, your payment is due on the first day of each annual subscription period, for that annual subscription period’s Services. We will attempt to notify you in advance of this date, but our failure to do so, or your failure to receive such a notice, does not affect your obligation to pay.
  • 16.7. We will attempt to charge your debit or credit card, or collect your Direct Debit, on the due date. You are responsible for ensuring that payment is made.
  • 16.8. If, for any reason (including our failure to charge your card or collect your Direct Debit), we do not receive your payment in full within 14 days of the due date, we may do any or all of the following:
    • 16.8.1. Send you reminders by email and post at regular intervals. We may charge you a fee of £5 per postal reminder to cover a small proportion of the costs we incur in seeking payment of the overdue amount;
    • 16.8.2. Suspend or terminate the Services;
    • 16.8.3. Charge you interest on the overdue amount at the Interest Rate from the due date up to the date of actual payment (whether before or after any court judgement); and
    • 16.8.4. Charge you our reasonable costs and expenses (including legal costs) for seeking payment of the overdue amount.
  • 16.9. In the event of a “bounced” cheque, a card chargeback, or a reversal of a Direct Debit, we may do any or all of the following:
    • 16.9.1. Suspend the Services; and
    • 16.9.2. Charge you a fee of £25 per instance.
  • 16.10. If we suspend or terminate the Services in accordance with clause 16.8 or 16.9:
    • 16.10.1. We shall not be liable for any losses to you arising from this suspension or termination; and
    • 16.10.2. We are not obliged to reactivate those Services; reactivation shall be at our sole discretion. If you wish us to reactivate the Services, we will notify you of the costs associated with doing so, and you can decide at that point whether you wish to proceed.
  • 16.11. We shall be entitled to increase our fees for any or all Services once in a year. However, we shall limit any such increase to a percentage not greater than the percentage increase in the Retail Prices Index published by the Central Statistical Office

• 17. EXCEEDING USAGE LIMITS & OVERAGE CHARGES
  • 17.1. On predefined packages, if you exceed any prescribed usage limits, we reserve the right to charge you the overage charges that are applicable for the excess usage.
  • 17.2. We may also (but are not obliged to) email you, at the end of the month, and give you the option of upgrading the Services. If you notify us that you wish to upgrade, you will pay the fees for the upgraded Services from the day on which we upgrade them. Any service upgrade does not constitute a variation of our Agreement with you

• 18.EVENTS OUTSIDE REASONABLE CONTROL
  • 18.1. Neither of us will be liable to the other for any delay or failure in the performance of our contractual obligations caused by events outside our reasonable control. However, for either of us to rely on this clause, we must promptly notify the other of the circumstances of the event. This clause 18.1 does not apply to your obligation to pay any sums due under this Agreement.
  • 18.2. If the event persists for 28 days or more, the party not effected by the event may give notice to the other to terminate this Agreement with effect from a date specified in the notice without penalty or other liability (except for any liability on your part to pay our invoices and for work carried out but invoiced at the date of termination)

• 19. NOTICES
  • 19.1. Any notice (except for the service of court proceedings) shall be sent to the other party’s nominated email addresses for service. In our case, this will be the helpdesk email address that we notify to you or is stated on our website.
  • 19.2. If either of us wants to change our email address for service, we must notify the other party of the change of email address in accordance with clause 19.1. You may also change your email address via your account on our website or phoning us. In the case of you notifying us, the change will take effect from the date on which we email you to confirm that we have changed your email address.
  • 19.3. We both consider that notice has been given
    • 19.3.1. In the case of us notifying you, one clear day after the time of sending the email;
    • 19.3.2. In the case of you notifying us, one clear day after you receive by email a help desk ticket ID code for such notification.
  • 19.4. Notice for the service of court proceedings shall be by a signed-for postal service which provides proof of delivery, or by courier, and such notice shall be addressed:
    • 19.4.1. To us, to Managing Director, Sub 6 Limited, Strawberry Fields Digital Hub, Euxton Ln, Chorley, PR7 1PS; and
    • 19.4.2. To you, to the most recent address which we have on file for you or, where no such address exists, to an address which we reasonably believe is linked with you.

• 20. DISPUTE RESOLUTION PROCEDURE
  • 20.1. We both agree that we shall deal with any disputes or claims arising out of or in connection with this Agreement or its subject matter or formation (including non - contractual disputes or claims) as follows:
    • 20.1.1. The issue in dispute shall be referred for discussion to, in your case, the name of the main account holder, and in our case, the customer services manager that we notify to you. You should email us at [email protected];
    • 20.1.2. If the dispute is not resolved, the managing directors (or equivalent) of each of us shall discuss the issue;
    • 20.1.3. If the issue is not resolved then we shall refer it to a mediator that we jointly appoint. If we cannot agree on the mediator, we shall ask the President of the Law Society of England and Wales to appoint a mediator;
    • 20.1.4. If the dispute is still not resolved, then, unless you are a Consumer, we both agree that the English courts have exclusive jurisdiction to settle the dispute. If you are a Consumer domiciled in a member state of the European Union, we will only bring a claim against you in the courts of that member state, and you can choose to bring a claim against us either in those courts or in the courts of England.
  • 20.2. We shall both bear our own costs for elements of the dispute resolution procedure up to the involvement of the courts under claus 20.1.4

• 21. COOLING-OFF PERIOD / RIGHT TO CANCEL
  • 21.1. You have a cooling-off period in which you can cancel certain Services
  • 21.2. The cooling - off period begins:
    • 21.2.1. In the case of Services that you apply for before the Start Date, on the Start Date;
    • 21.2.2. In the case of Services that you apply for after the Start Date, on the date on which we notify you that we have accepted your application for the Services
  • 21.3. Subject to clause 21.4, the cooling - off period expires 30 days after the date on which the Services begin.
  • 21.4. The cooling - off period does not apply:
    • 21.4.1. to the purchase of a domain name or an SSL certificate;
    • 21.4.2. If you are not a Consumer, to any Services for which we have to set - up, build hardware, or customise hardware or resources to your specification (e.g. a managed dedicated server); and:
    • 21.4.3. If you are a Consumer, and you have made an express request for us to provide the Services immediately.
  • 21.5. If you wish to exercise your rights under this clause 21, you must inform us of your decision by sending an email to [email protected]. You must send this email before the end of the period set out in clause 21.3
  • 21.6. We will reimburse all payments received from you within 14 days of receiving your email.

• 22. DATA PROTECTION
  • 22.1. References in this clause 22 to a Regulation are to regulation 2016/679/EC. References to an Article are to an Article of the Regulation. Capitalised terms in this clause have the meaning defined by the Regulation.
  • 22.2. If, in the course of providing the Services, you are a Controller and we are your Processor in respect of any Personal Data, we will:
    • 22.2.1. Process the Personal Data only on your documented instructions as set out in this Agreement, including with regard to transfers of Personal Data to a third country or an international organisation;
    • 22.2.2. Unless prohibited by law, notify you if we are required by any law of the European Union or the law of one of the Member States of the European Union to act other than in accordance with your instructions or if, in our opinion, any of your instructions infringes the Regulation or other Union or Member State data protection provisions;
    • 22.2.3. Have your general authorisation to obtain other Processors and shall respect the conditions referred to in paragraphs 2 and 4 of Article 28 for any such engagement. Subject to clause 15, we shall be liable for the acts and omissions of its Sub - processors, and we shall ensure that the Sub - processor contract (as it relates to the Processing of Personal Data) is on terms which are substantially the same as, and in any case no less onerous than, this clause 22;
    • 22.2.4. Comply with clause 10 (confidentiality) in respect of such Processing, and the Personal Data shall be "Confidential Information";
    • 22.2.5. Take all measures required pursuant to Article 32;
    • 22.2.6. Taking into account the nature of the Processing, assist you, at your cost, by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the Data Subject's rights laid down in Chapter III of the Regulation;
    • 22.2.7. Provide, at your cost, reasonable assistance on written request by you in ensuring compliance with your obligations pursuant to Articles 32 to 36, taking into account the nature of Processing and the information available to us;
    • 22.2.8. At your choice and cost, delete or return all the Personal Data to you after the end of the provision of the Services relating to the Processing, and delete existing copies unless Union or Member State law requires storage of the Personal Data;
    • 22.2.9. At your cost and following written agreement as to the details, make available to you all information necessary to demonstrate compliance with the obligations laid down in Article 28, and allow for and contribute to audits, including inspections, conducted by your or another auditor mandated by you; and
    • 22.2.10. Notify you without undue delay if we become aware of a Personal Data Breach for which we are responsible.
  • 22.3. Notwithstanding this clause 22, you are responsible for ensuring that your configuration of the Services, any software you install, and any services that you provide (whether to yourself or others) comply with your obligations under data protection law.

• 23. TERMINATION
  • 23.1. This Agreement takes effect on the Start Date. Subject to clause 21 and the remainder of this clause 23, and any Specific Terms, it shall continue for the period stated in the applicable Specific Terms
  • 23.2. Either of us can terminate this Agreement immediately by notifying the other party if:
    • 23.2.1. The other party commits a material breach of an obligation under this Agreement or any Specific Terms which is not capable of remedy;
    • 23.2.2. The other party commits a material breach of an obligation under this Agreement or any Specific Terms which is not remedied within 28 days after receipt of a notice from the party not in breach specifying the breach, requiring its remedy and making clear that failure to remedy may result in termination;
    • 23.2.3. If the other party becomes insolvent
  • 23.3. We, but not you, may terminate this Agreement and/or any Services at any time and for any reason whatsoever by giving you reasonable notice of such termination. Unless termination is for your breach of an obligation under this Agreement or any Specific Terms, we will refund you a proportion of the fees representing the number of paid - for days of Services that you will not be receiving due to termination
  • 23.4. Termination of this Agreement (or of any element of it) shall not affect any rights, obligations or liabilities of either party that have accrued before termination or that are intended to continue to have effect beyond termination.
  • 23.5. The Services do not include migration support, and you must backup and download from the Services all data you wish to retain after termination. We are not liable to you if you terminate this Agreement and have failed to retain a copy of your data.

• 24. MISCELLANEOUS TERM
  • 24.1. Persons who are not a party to this Agreement shall not have any rights under this Agreement.
  • 24.2. If any part of this Agreement is found to be invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other provisions of this Agreement and such other provisions shall remain in full force and effect.
  • 24.3. If either of us fails to exercise a right or remedy that it has or which arises under this Agreement, such failure shall not prevent us from exercising that right or remedy subsequently for that or any other incident.
  • 24.4. A waiver of any breach or provision of this Agreement shall only be effective if made by email or in writing.
  • 24.5. We may assign, transfer, charge, sub - contract or deal in any other manner with any of our rights or obligations under the Agreement. You may not do these things without our prior written consent.
  • 24.6. Each Party shall
    • 24.6.1. comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010; and not engage in any activity, practice or conduct which constitutes an offence under the Bribery Act 2010, or would do so if such activity, practice or conduct had been carried out in the UK.

• 1.GENERAL
  • 1.1. This Agreement consists of these Specific Terms, the Terms and any Specification provided to you.
  • 1.2. In these Specific Terms, the followings words and phrases have the following meanings:

  Word or Phrase	Meaning
  Connection	The internet access connection described in the Specification;
  Customers	Any person(s) to whom you make available some or all of the Package Resources;
  Package Resources	The resources that we shall allocate to you in accordance with the Specification and make available to you under these Specific Terms;
  Services	The services provided by us under these Specific Terms;
  Specification	The specification of the chosen web hosting package;

  • 1.3. Words and phrases that have capital initial letters but which are not defined in these Specific Terms are defined in the Terms.

• 2. OUR SERVICES
  • 2.1. We shall:
    • 2.1.1. Allocate to you the Package Resources for the duration of the Agreement and notify you when the Package Resources are ready for use;
    • 2.1.2. Allow you to use and access the Package Resources by means of the Connection.

• 3. THE PACKAGE
  • 3.1. You agree that the Specification is appropriate for your requirements.
  • 3.2. If you wish to change the Specification we shall notify you of whether we agree to such change and, if we agree, the additional cost. We shall not change the Specification until you agree to the additional cost
  • 3.3. Any date that we give you for completion of account setup and/or allocation of the Package Resources is an estimate only and time is not of the essence

• 4. PACKAGE AVAILABILITY
  • 4.1. We shall provide you with the technical information to allow you to connect to and use the Package Resources.
  • 4.2. You cannot, and may not, physically access the server on which the Package Resources are based, nor visit or access the data centre.

• 5. MAINTENANCE
  • 5.1. We shall keep the Package Resources in reasonable operating condition.
  • 5.2. From time to time we, our suppliers and/or subcontractors may need to carry out maintenance or other operations that will affect the availability of the Services to you. Whenever possible we shall give you reasonable notice of planned maintenance. However, we may not be able to give you any notice in the event of emergencies or urgent work.
  • 5.3. We monitor the performance of our servers, and endeavour to deal with reductions in operating performance within a reasonable time. However, you acknowledge that an occasional reduction in operating performance of the Services is a natural part of the Services, as other people are sharing the same server resources. This is outside of our control and accordingly we are not liable for such reductions

• 6. OWNERSHIP
  • 6.1. We shall own the Package Resources and the server used for this purpose

• 7. ACCEPTABLE USE POLICY
  • 7.1. You agree that you shall:
    • 7.1.1. Immediately inform us if you become aware of any unauthorised use of the Package Resources;
    • 7.1.2. Not use the Package Resources, or allow others to do so, for any unlawful activity or activity that in our opinion may harm us or bring us into disrepute, including the storage or distribution of:
      • 7.1.2.1. Any pirated software and files;
      • 7.1.2.2. Any material which is “adult” (including pornography and sex shops), offensive, obscene, pornographic, threatening, malicious, harmful, abusive or defamatory;
      • 7.1.2.3. Any material that breaches the rights (including Intellectual Property Rights) of any third party;
      • 7.1.2.4. Any material that is or encourages criminal acts;
      • 7.1.2.5. Material that contains any virus, worm, Trojan horse or other harmful code;
      • 7.1.2.6. Links to, frames or displays of any of the items listed in clause 7.1.2.1 to 7.1.2.6.
    • 7.1.3. Not copy the Software, except as is necessary for internal, archiving purposes
    • 7.1.4. Not reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Software except as permitted by law
    • 7.1.5. Not sell, lease, license, transfer or sub-license the Software or associated documentation;
    • 7.1.6. Write or develop any derivative or other software programs based, in whole or in part upon the Software or any of our Confidential Information;
    • 7.1.7. Ensure that you comply with your obligations under all applicable laws;
    • 7.1.8. Be entirely responsible and liable for all activities conducted on the Package Resources;
    • 7.1.9. Not use the Package Resources as security for any loan, or allow it to become subject to any similar third party rights;
    • 7.1.10. Comply with any notices we send you, and check and comply with the announcements and notices posted on our secure website regularly (including our list of prohibited applications and scripts); and
    • 7.1.11. Not give any third party any rights of physical access to the data centre without our prior written consent.
  • 7.2. You agree that any breach of this clause 7 shall be a material breach of this Agreement.
  • 7.3. We may immediately and without notice, and without refund, suspend or terminate the Services, this Agreement, and any other Agreements with you, if you send unsolicited bulk email (SPAM) via the Services (or via third party servers referencing a domain hosted by us) whether intentionally or due to insecure applications installed by you. Mailing lists may be operated as long as you comply with your legal obligations and our policy on mailing lists as contained on our website https://flxi.uk. Any complaints we receive are taken seriously and you are liable for clean-up fees in serious cases.

• 8. TERMS FOR RESELLERS
  • 8.1. If you make parts of your Package Resources available to others, then this paragraph 8 shall apply
  • 8.2. You acknowledge and agree that your Customers are your responsibility. You agree that you will:
    • 8.2.1. Procure that your Customers enter into a binding contract that contains provisions consistent with paragraph 7, and allows you to immediately terminate the contract for material breaches of that contract;
    • 8.2.2. Deal with the support issues of your Customers yourself, and not refer your Customers to us for this purpose;
    • 8.2.3. Pass on to Customer(s), in your own name, any announcements that we post on the announcement system on our website and any notices that we request that you forward to such Customer(s).
  • 8.3. You agree to fully indemnify and keep us fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including legal fees) whatsoever incurred by us and arising from
    • 8.3.1. The use or misuse of the Services and/or the Package Resources by your Customers
    • 8.3.2. Any claim brought against us by any third party alleging that its Intellectual Property Rights are infringed by the Customer’s use of the Services.
    • 8.3.3. Capitalised terms in this clause have the meaning defined by the Regulation unless otherwise defined in this Agreement. If, in the course of providing the Services, you are a Data Processor of Personal Data of your Customers, and we are a Sub-Processor, we will comply with clause 22 of the Terms in our capacity as a Sub-Processor.

• 9. INVOICING
  • 9.1. At the time that we confirm acceptance of your application for the Services, we shall invoice you in advance for the first month.
  • 9.2. From then onwards, we will invoice you monthly in advance for the Services
  • 9.3. For Services on our pay-as-you-go billing model (“FLXI”), we operate snapshot billing whereby at the time a new invoice for Services is raised, fees will be based on usage at that time. Service elements will be billed at the rates published on our website at https://flxi.uk.

• 10. DURATION AND AUTO-RENEWAL
  • 10.1. The term of this Agreement shall be the period set out in the Specification. Subject to clause 13.4, the Services are provided on a recurring basis, and this Agreement shall renew automatically on expiry of the term, unless you give not less than 5 calendar days’ prior notice to terminate.

At Sub 6 Limited we like to be honest and open with our customers. Our Privacy Guarantee is a quick and simple summary explaining how we manage, share and look after your information.

Our Privacy Guarantee

We promise that we’ll tell you how we use your data, be clear on what information we will collect from you and that the data received is stored securely.

Protecting your data is our number one priority

We promise to collect, process, store and share your data safely and securely. We’ll also make sure that the other businesses we work with are just as careful with your data as per Art. 28 of the GDPR.

We use data to provide our services to you

We have to collect and store a small amount of information about you, such as your name, email address, physical address and contact telephone number. We also require payment details and if you are a business, a company number or VAT number may be requested.

In certain instances, we are also required to share your data with our trusted partners, such as our upstream domain registrars or security certificate suppliers in order to fulfil your service requirements. This is so that we can provide you with the products you ask for.

We use data to keep you informed

We can use the contact details you share with us to advise when your service may be approaching a renewal date or if it is close to reaching its capacity. We also need to be able to reach you should your service become compromised. Additionally, it is necessary to maintain contact for billing purposes.

We use data to determine which products to offer

The services offered to our customers can be influenced by demand.

If you choose to receive email marketing from us, we can let you know when new services become available or when there are special offers and promotions.

However, you are in control and you can opt-out of these mailings at any time.

We use data to protect our network and services

We have sophisticated monitoring capabilities in place to help us protect our network and services from unauthorised use or attempted attacks. This is for our, and our customers’ legitimate interests.

We require accurate data

It is of great importance that we maintain accurate contact details for customers at all time. Details that are not maintained may result in the inadvertent disruption of service or more a rigorous security verification process if we are unable to identify you or an associated contact. These contact details may be kept current within our client portal.

You’re in control of your data

If you would like to stop receiving marketing from us, you can review and amend your preferences at any time by logging into the client portal or emailing us at [email protected].

If the data we hold on you is wrong, again it is possible to amend through the client portal or you can email us at [email protected], let us know what needs updating and we will correct it.

Our Privacy Policy in full

This Privacy Policy applies to all customers.

Sub 6 Limited is committed to protecting your privacy. We take our responsibilities regarding the security of customer information very seriously. This privacy policy explains what personal data we collect about you, how and why we use it, who we disclose it to, and how we protect your privacy.

1. Who is responsible for your data

This Privacy Policy applies to the personal data that Sub 6 Limited collects and uses.

References in this Privacy Policy to “Sub 6 Limited”,”FLXI Internet”, “we”, “us” or “our” mean Sub 6 Limited (a company registered in England and Wales with registration no 4439133 and registered office at Strawberry Fields Digital Hub, Euxton Ln, Chorley, PR7 1PS).

We control the ways your personal data are collected and the purposes for which your personal data is used. We are the “data controller” for the purposes of data protection law.

2. Personal data we collect about you

Our Privacy Policy references the term “personal data”. By this, we mean information that relates to you and allows us to identify you, either directly or indirectly. Your personal data may include for example your name, your contact details, information relating to your service with us (for example your domain name) or information on how you use our website or how you interact with us.

We collect some personal data from you, for example when you order a service with us, use our website or send us an email or contact us by telephone.

Categories of data we collect

We may collect and process the following categories of information about you:

Your name and your contact details (email address, telephone number and postal address) If you are purchasing as a business we also ask for your business name and VAT Number if applicable	When you create an account on our website When you place an order When you submit a review
Information about your Service	When you place an order When you submit a support request
Details of your payment transactions including payment card information	When you purchase services or products with us
The communications you exchange with us (for example, your emails, letters, calls, or your messages on our online chat service)	When you contact us or we contact you
Your posts and messages directed to us on social media	When you use this avenue to interact with us
Your feedback	When you reply to our requests for feedback, participate in our customer surveys or submit a review
Information about how you use our website	When you browse our website

3. How and why we use your personal data

We use your personal data for the following purposes:

To manage your account and provide our services to you

When you order a product with us, we use your information to activate that service. For example to set up your web hosting, register a domain or activate an email package. We also use it to make amendments to your products if you request such changes. These activities are necessary to perform our contract with you.

To communicate with you and manage our relationship with you

Occasionally we may need to contact you by email and/or SMS for administrative or operational reasons, for example in order to send you confirmation of your orders and your payments, to notify you when a product is up for renewal or to advise you of any disruption of service. These notifications are necessary to perform our contract with you.

Please be aware that these communications are not made for marketing purposes and as such, you will continue to receive them even if you opt-out from receiving marketing communications.

We will also use your personal data if we contact you after you have sent us a support request, filled in a web-form through our website or contacted us on social media.

Your opinion is very important to us, so we may send you an email to seek your feedback.

We will use the communications you exchange with us and the feedback you may provide in order to manage our relationship with you as our customer and to improve our services and experiences for other customers.

To personalise and improve your customer experience

We may use your personal data in order to tailor our services to your needs and preferences, and to provide you with a personalised customer experience. For example, if you purchase web hosting with us we may send you offers relevant to the package you have.

We may also collect information on how you use our website, which pages of our website you visit most, which products you search for and what products you go on to buy. We may use this information to tailor the content and offers that you see on our website and, if you have agreed to receiving marketing communications, to send you relevant promotions that we think you may like.

If you are in the process of ordering a service when logged in to your account and you leave our website before your order has been placed, we may contact you in order to help you easily complete your purchase.

This processing is for the legitimate interest of providing the best customer experience we can.

To keep you updated with company news and offers that you may be interested in

If you have indicated that you are happy to receive marketing communications from ourselves by specifically opting in we may send you offers and promotions from time to time. This will only happen should you choose to do so. You have the opportunity to select to receive these communications when you create an account on our website or order a service with us. You can also request that we send you marketing communications through managing your preferences in your account.

If you are happy to receive marketing communications, we will provide you with details of new products and services that you may be interested in or offers that you may like.

We will never share your contact details and other personal data with other companies for marketing purposes, unless we have obtained your consent to do so.

If you do not want to receive marketing communications from us, you can simply tell us so by making the relevant selection from within the online client portal. You can also choose to opt out from receiving marketing communications at any time, by clicking on the relevant unsubscribe link at the bottom of any marketing related email you may receive from us.

If you prefer, you can also contact our Customer Service team and express your preference to not receive marketing communications by sending an email to [email protected] with the subject message of “Unsubscribe”.

To improve our services, fulfil our administrative purposes and protect our business interests

The business purposes for which we will use your information include accounting, billing and audit, credit or other payment card verification, fraud screening, safety, security and legal purposes, statistical and marketing analysis, systems testing, maintenance and development. Where this processing is not required by law, it is done for the legitimate interest of running our business.

To promote the business and our services

We never publish customer testimonials without seeking permission first.

This will be done in the form of a personal email to ask whether we can use your comments on our website and/or promo material. Testimonials submitted to hosting directories or other public websites will be assumed as safe to use without seeking permission first.

To comply with our legal obligations

For example, if we are approached by authorities regarding content stored on our servers.

4. Your rights

The data protection framework gives you a lot of rights, including the right to request from us access to and rectification or, in some circumstances, erasure of your personal data or restriction of processing, or to object to processing, as well as the right to data portability.

Subject Access Requests should be accompanied with our Subject Access Request Form, as this helps make sure we have the information necessary to respond to you promptly and effectively.

If you want to exercise any of your rights, please email us at [email protected] and we’ll do our best to help.

You also have the right to lodge a complaint about our processing of your personal data with the Information Commissioner’s Office, but we very much hope you will talk to us and give us the chance to fix any problems first.

We will reply to all requests within one month of receipt. If requests are complex we reserve the right to extend the period of response by a further two months.

5. Retention periods

Once your service has ceased with us, any data held on our servers will be removed 30 days after the expiry of your contract.

Customer records, and accountancy and product details, will be held for as long as is reasonably required as per the original contract or else as required by law.

6. Security of your personal data

We are committed to taking appropriate technical and organisational measures to protect your personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage to personal data.

When you provide your personal data through our website or our mobile app, this information is transmitted across the internet securely using high-grade encryption.

Furthermore, Sub 6 Limited is a PCI DSS compliant organisation. This means that we adhere to high security standards in order to protect your payment card details when you are sending us this information.

As described in this Privacy Policy, we may in some instances disclose your personal data to third parties. When this occurs, we require that third party to have appropriate technical and organisational measures in place to protect your personal data.

The information that you provide to us is stored within a secure online database with multiple layers of necessary protection in place.

We will retain your personal data for as long as we need it in order to fulfil our purposes set out in this Privacy Policy or in order to comply with the law.

7. Cookies or other tracking technologies

In order to improve our services, to provide you with more relevant content and to analyse how visitors use our website and app, we may use technologies, such as cookies, pixels or tracking software. Please be aware that in most cases we will not be able to identify you from the information we collect using these technologies.

For example, we use software to monitor customer traffic patterns and website usage to help us develop the design and layout of the website in order to enhance the experience of the visitors to our website. This software does not enable us to collect any personal data. In addition, in order to understand how our customers interact with the emails and the content that we send, we use pixels that allow us to know if the emails we send are opened or if the content of our emails is displayed in text or html form.

We also use cookies in our website. Cookies are small files stored on your computer which retain a small amount of data specific to you and your interaction with our website. Cookies allow us to tailor page content more specifically to you and in some cases are essential to the user experience, for example, our order form.

We use Google Analytics on this website to track visits and activity of visitors. This is done so that we can improve our website and the experience of those using it and also to measure business performance. No personal information is gathered or stored during this process, only data related to your computer type, browser type and region/country.

For further information about Google Analytics and the cookies set please see the Google Analytics Cookies website.

We also utilise cookies in the blog section of our website for core functionality along with our ordering process/shopping cart. Additional cookies are used in the ‘share’ section of the sidebar on most of our web pages to keep track of any social networks visitors have shared links to the webpage and (ironically) to keep track of visitors who have accepted our use of cookies on the website. Disabling cookies will affect the usage of this website and further information on doing this in most browsers can be seen at www.aboutcookies.org.

8. Sharing your personal data

Your personal data may be shared with other companies within our Group. It may also be disclosed to any third party who acquires us.

We may disclose your personal data to our insurers and/or professional advisers where reasonably necessary for the purposes of managing risk, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

It may be necessary to share your name and contact details to third party service providers in order to activate certain products — for example, domain names, and SSL certificates.

Financial transactions relating to our website and services may be handled by our payment service providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

In addition to the parties listed above, we may disclose your personal data when this is required by the law of any jurisdiction to which Sub 6 Limited may be subject.

9. Updates to our Privacy Policy

We may make changes to this Privacy Policy from time to time. Revisions will be communicated via the Internet with an announcement being posted within our community forums and/or your client portal.

10. Contact information

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to [email protected].

Here at FLXI, we take great pride in our exceptional levels of support. We would go so far as to say that we have one of the best and most responsive support teams in the web hosting industry.

We don't outsource any of our support, nor do we have the faceless, corporate feel of many in the industry.

We have personality. In fact, once you have been with us for a while, you will most likely get to know us all by name.

If you have a problem, we appreciate that your business could be on the line. To this end, we don't expect you to wait for hours for assistance.

Our support team is on hand 24 hours a day, 7 days a week, and with an average response time of around 7 minutes, your problem won't be around for long.

Although we will always do our best to resolve your problems, and we will help you with more than most support teams, there are some things we can't support. We are a web host, not web developers, and unfortunately there are some things that are outside of our support expertise. Even if we can't do it for you though, we may be able to point you in the right direction.

What We Support:

• All hosting hardware in our datacentres
• Network performance and uptime
• Operating system configuration
• Our client portal
• Accessibility and function of cPanel/WHM
• Operation of standard services
• Security updates and patches
• Installation of SSL certificates
• DNS and nameserver configuration
• Firewall configuration
• Domain configuration (FLXI hosted)
• IP address management
• Backup restoration

What We Do Not Support:

• Any client installed script or application
• SEO
• FTP client configuration
• Email client configuration
• Web browser configuration/compatibility
• Configuration of resellers' client accounts
• Non-standard applications
• Website compromises out of FLXI's control
• Any third-party services

The following is what we support:

Hardware

We actively monitor all of our hardware. If something breaks, we'll fix it.

Network

We are responsible for all networking equipment and bandwidth under FLXI's control.

Operating System

We will install and maintain hosting servers' operating systems, along with maintenance of hosting related software such as Apache, PHP and MySQL. This applies to managed servers only.

Client Areas / Client Portal

If you can't access our support or billing areas, we'll find out why.

cPanel/WHM

Unless due to external network configuration issues which are out of our control, we will ensure that you can access the cPanel interface and WHM (WHM not applicable to Shared clients). We will update cPanel as required.

Operation of Standard Services

All standard services are monitored. We will ensure that services such as

• FTP, email and MySQL are functioning correctly.
• Security Updates & Patches
• Our hosting servers will be updated as required to mitigate any newly discovered threats.
• SSL Certificates

Just send us the certificate and we'll install it for you. If it's a certificate not purchased through FLXI, we'll still install it if you can provide the certificate, key and intermediate bundle files.

DNS

You can change many DNS records yourself, but if you have any problems configuring a domain using FLXI's nameservers, just let us know and we'll help.

Firewall

Every port on our servers which isn't required by our standard services is blocked. If you need something opening up, let us know and in many cases we will be able to do this for you.

Domains

If you have any problems with a domain using FLXI as the registrar, we'll sort that out for you.

IP addresses

If your server needs additional IP addresses, we will add and configure these for you (Cloud and Dedicated servers only)

Backups

We do perform regular system backups, though we recommend that you also take your own. If you need us to restore something from a backup, whether this is an entire account or just a single database, let us know and we'll do that for you.

The following is what we do not support:

Client Installed Scripts

Although we are very good when it comes to supporting web hosting technologies, we can't be experts at everything. Whether it's WordPress, Joomla, Magento or a site you built yourself, this is your realm and we won't be able to support it. When it comes to adding themes and plugins, updating the contact details on your site or fixing a malfunctioning script, there are far too many possible variations for us to be able to help you with this. If you can't handle this yourself, you need to seek out the services of a web developer.

SEO

Again, this is very website specific. Many books have been written on this subject, and they don't all agree with each other. We don't claim to be SEO experts, if there is such a thing. This is something you either need to do yourself or employ the services of a third party.

FTP/Email Client Configuration

We will supply you with the server hostname, ports and which credentials to use for email and FTP. Entering them into your email or FTP client should be a simple task, but if you are not sure how to do this, you should check your software's help files or the developer's website for further details.

Web Browsers

All our hosting technologies and client areas are fully compatible with current, standards compliant browsers. If you do have any problems, we suggest updating to the latest version. We can't offer support on browser configuration.

Non-Standard Applications

If you have a cloud or dedicated server, you may want to use software that is not part of our usual installation. In some cases, we will install this for you, but in most cases, we will not be able to support its usage.

Website Compromises

If your website is compromised through no fault of FLXI, then we will not be able to clean this up for you. However, if there is a clean backup, we will be happy restore this.

Third Party Services

We cannot offer support for any services supplied by a third party. We will not be able to log into any external control panel to change settings or deal with any supplier directly.