Terms and Conditions
1. Supplier identification
- website is operated by WebBoss Ltd a company that is registered in the UK.
Company Registration Number: 07538142.
Registered Office: WebBoss House, 8 Vaughan Parade, Torquay, Devon TQ2 5EG.
Trading address: WebBoss House, 8 Vaughan Parade, Torquay, Devon TQ2 5EG.
VAT No: GB 131 8054 41
Accreditations: ISO 9001:2015
Register of Data Controllers:
Registration No: ZA127077
WebBoss® Registered Trade Mark No: UK00003059569
a) ‘You’ and ‘Your’ means: user, subscriber or purchaser of any Services supplied by WebBoss Ltd and You in regard to this Agreement.
b) ‘WebBoss’ means: WebBoss Ltd.
c) ‘Agreement’ means: Service(s) You order as described on any WebBoss website selling WebBoss Services in conjunction with these Terms and Conditions.
d) ‘Service’ or ‘Services’ means: any product or Service supplied by WebBoss to You.
e) ‘WebBoss System’ means: Services provided by the Software as a Service, website building tool and Hosting platform supplied by WebBoss to You.
f) ‘SLA’ means: Service Level Agreement.
g) ‘Hosting’ means: the provision of storage space and access for websites
h) ‘Uptime’ means: the availability of Hosting Services.
i) ‘Downtime’ means: the unavailability of Hosting Services
(a) Contract execution
Your personal data will be used to provide the information, goods and Services offered through our website to You, for billing and order fulfilment.
(b) Email newsletter
• If You sign up to our newsletter we may use Your email address to send You information about products or Services.
• You can opt out of these at any point and You can ask for personal data to stop being recorded at any time.
(c) Cookies & monitoring
• Strictly necessary cookies - These are cookies that are essential to the operation of our website.
• Analytical/performance cookie - These cookies allow us to recognise and count the number of visitors to our website.
• Functionality cookies - These cookies are used to recognise You when You return to our website.
• Targeting Cookies - These cookies record Your visit to our website, the pages You have visited and the links You have followed.
(d) We may monitor traffic to our site and collect the following information:
• The IP address of Your computer.
• The referring website from which You have got to our website from.
The reasons for this are:
• To make ongoing improvements to our website based on this data.
• To see our most popular sources of business.
(e) Disclosure of personal data
We may disclose Your personal data:
• To other companies within our group.
• If we sell our business.
• To agents and service providers.
• In cases where we are required by law to pass on information or if we believe action is necessary for fraud, cybercrime or to protect the website, rights, personal safety of person/s.
(f) We may also disclose aggregate statistics about visitors to our website (customers and sales) to describe our services to prospective partners (advertisers, sponsors) and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.
(g) WebBoss will ensure that it processes and protects personal data shared by a user and received by WebBoss, according to any applicable data protection legislation and compliant with ISO 27001.
(h) If You are concerned about Your data, You have the right to request access to personal data which we may hold or process about You and You have the right to ask for it to be amended or removed. WebBoss will action any such requests within 30 days.
3. Product information
WebBoss is a proprietary, Software as a Service, website building tool and Hosting platform supplied on subscription basis paid monthly in advance. There are various types of Services with varying levels of subscriptions and SLA’s offered for sale on the website. The description of the Services, storage and bandwidth as described on the website form part of the Agreement between You and WebBoss Ltd for the Service(s) You order.
4. Right to cancel under distance selling regulations
(a) If You are resident within the EU, You may cancel the order for Your subscription by giving us written notice within fourteen working days of placing Your order. To comply with this regulation, You will not be allowed to access the service(s) until the fourteen days have passed. However, should You wish to use the service(s) immediately after ordering and do so, then this right of cancellation does not apply once You have started to use the service(s) ordered, and in which case You agree to performance of the contract starting before the usual cancellation period has expired.
4.1. Right to cancel subscriptions
You have the right to cancel Your subscription at any time and Your service will terminate at the end of the billing cycle You have subscribed for at the time. To clarify, if Your monthly subscription runs from, and is due on the 9th of a month and You cancel Your subscription on the 10th of the month, Your subscription will continue until the 8th of the following month at which point Your subscription will terminate, and no refunds will be paid. Upon termination Your website and any associated data and uploaded content will be permanently deleted.
4.2. Right to cancel goods and returns policy
(a) You have the right to cancel the purchase of goods without having to give a reason at any time within the "cooling off period" of fourteen working days, beginning on the day after You receive the goods.
(b) If You are in possession of the goods You are under the duty to retain them and take reasonable care of them. You must send the goods back to us to our contact address at Your own cost (unless we delivered the item to You in error or the item is damaged or defective) as soon as possible once You have cancelled the contract.
(c) We reserve the right to make a charge not exceeding our direct costs of recovering the goods if You do not return the goods or return them at our expense.
(d) Once You have notified us that You wish to cancel the contract, any sum debited to us will be refunded to You as soon as possible and in any event within 30 days of Your cancellation.
(e) You will not have any right to cancel a purchase for the supply of any of the following goods:
• for the supply of goods, the price of which is dependent on fluctuations in the financial market which cannot be controlled by the retailer.
• for the supply of goods made to Your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
• for any artistic design work, or written content, or photography created for You for a website or printed material or any other marketing product.
• for the supply of audio or video recordings or computer software if they are unsealed by You.
• for the supply of newspapers, periodicals or magazines.
• for gaming, betting or lottery services.
(f) WebBoss Ltd has the right to cancel Your subscription at any time by giving You one month’s written notice by email.
5. Payment for products and Services
(a) Your monthly subscription payments will of the amount stated at the time of ordering (which may be as displayed on the website, or by written agreement) and will be paid automatically by credit card, or debit card, or by direct debit each month until cancelled by You. Other forms of payment may be accepted if agreed in writing at the time of placing Your order.
(b) Monthly payments for services that have a fixed or minimum term attached cannot be cancelled by You until the expiry of the term, unless agreed in writing by WebBoss.
(c) All non-subscription, or any other Services provided to You by WebBoss will be paid for in accordance to the terms agreed at the time the order is placed.
(d) Variation to the terms of any order placed by You will only be valid if agreed in writing by both You and WebBoss.
(e) In the event of non-payment for any Services provided to You by WebBoss, WebBoss reserves the right to suspend or terminate any or all Services that WebBoss provides to You and delete any of Your data held by WebBoss on servers under the control of WebBoss without liability for any losses incurred by You whatsoever.
6. WebBoss’ obligations, SLA and liabilities.
(a) WebBoss guarantees to provide Uptime of 99.99% per calendar month. Downtime in excess 0.01% per calendar month will entitle You to hosting credit to the equivalent amount of Downtime.
(b) To claim hosting credit, You must notify WebBoss with the precise details of the Downtime within 7 days of the Downtime incident.
(c) Does not cover Downtime due to fault where the responsibility is due to Your actions or omissions.
(d) Does not apply if the fault resolution is beyond the control of WebBoss Ltd (or subsidiary company) due to Force Majeure.
(e) Does not apply if Planned Maintenance is in place or if fault resolution is delayed because of Your responsibility (e.g. Your devices unavailability/inaccessibility caused by You).
(f) Does not apply if WebBoss has suspended or modified the Service in accordance with the WebBoss Terms and Conditions.
(g) If You are entitled to multiple credits under this SLA, such credits shall not exceed the total billing period revenue for any calendar month in any event.
(h) With the exception of the aforementioned (6 a to g) above, WebBoss is not liable for any losses suffered by You in any way whatsoever as a result of the failure of any Service(s) provided to You by WebBoss.
(i) WebBoss provides customer support through its ticketed support system and during normal office hours via online live chat. Live chat support is subject to a fair useage policy, which places a limit of one support enquiry per chat session with a duration of no longer than 15 minutes. Any issues that cannot be resolved in this time frame will be escalated to the senior support team who will respond to You by email once the issue is fixed, or they will conact You by email, telephone, or screen share if further information is required.
7. Your obligations
(a) You are responsible for the safe keeping and backing up of all data and content uploaded to Your website, or any website You manage or control and WebBoss will not be held liable, financially or otherwise, for any losses of such data or content.
(b) You are responsible for updating Your website when notified by WebBoss as per 7(c) unless it is covered by a WebBoss website management package that includes website system updating.
(c) From time to time WebBoss will send You notifications of system updates by email and also display a notice of such in Your website Admin area. Instructions are included in the notification and notice and updating is a simple one click process. You must update Your website within 14 days of receiving notification as failure to do so may cause problems with its functionality or security that requires repair by WebBoss. Such a repair will incur a one off charge of £50 +VAT to be paid by You in advance of the work being carried out.
(d) You shall not, nor knowingly permit any other person to, use WebBoss’ system facilities:
to send, knowingly receive, upload, download, display or use any material which:
(i) is abusive, indecent, obscene, defamatory, racist, offensive, menacing or infringing of any obligation as to confidential information or copyright or any other Intellectual Property Rights;
(ii) knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
(iii) contravenes any laws or regulations;
(iv) which may harm or damage the WebBoss system or networks it is using or hosted on;
in connection with the carrying out of fraud or other criminal offence;
(v) to send unsolicited advertising or mail shots of any kind in breach of the Privacy and Electronic Communications Regulations 2003 (or any equivalent regulations).
By breaching any of these provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use our site or any WebBoss services or facilities will cease immediately.
8. Ownership and Intellectual Property Rights
(a) WebBoss: All right, title and interest to and all Intellectual Property Rights in the WebBoss System and Services provided by WebBoss and the WebBoss System remains with WebBoss.
(b) You: All right, title and interest to and all Intellectual Property Rights in the content and data provided by You to facilitate the Services provided by WebBoss for You, remains with You.
9. Force Majeure
(a) Circumstances beyond WebBoss’ reasonable control, including, without limitation, acts of any governmental body, war insurrection, sabotage, embargo, fire flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services software or inability to obtain raw materials, supplies, or power used in or Equipment needed for provision of the Service Level Agreement.
(b) Neither WebBoss nor You shall be liable to the other for any delay or non-performance of its obligations under this Agreement to the extent that such delay or non-performance is due to a Force Majeure Event. The Customer may not rely on a Force Majeure Event for any delay or non-performance of any obligation to pay WebBoss under this Agreement.
(c) Either You or WebBoss may, during the continuance of any Force Majeure Event, terminate this Agreement by written notice to the other party if a Force Majeure Event occurs that affects all or a substantial part of the Services and which continues for more than 30 Working Days.
If any part of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, all other parts shall remain in force.
11. Modification or Amendment to Agreements between You and WebBoss
No amendment, change or modification of any Agreement between You and WebBoss shall be valid unless in writing signed by both You and WebBoss.
12. General Terms and Conditions
(b) Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
(c) You are responsible for making all arrangements necessary for You to have access to our site. You are also responsible for ensuring that all persons who access our site through Your internet connection are aware of these terms, and that they comply with them.
(d) WebBoss reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately.
(e) WebBoss may change, add, suspend, cancel, remove or otherwise modify the services offered on this website at any time without prior notice, but in the event of any such changes this will not affect any prior existing agreements between You and WebBoss.
(f) Where our site permits You to contribute content in any form, including but not limited to posting comments and uploading files (user contributions) we accept no responsibility whatsoever for user contributions or for any distress, injury or damage they may cause. We reserve the right to control user contributions and may remove any user contributions at any time and for any reason.
(g) (i) You may print off one copy, and may download extracts, of any page(s) from our site for Your personal reference and You may draw the attention of others within Your organisation to material posted on our site.
(ii) You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
(iii) Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
(iv) You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
13. Linking to our website
(a) You may link to our home page, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
(b) You must not establish a link from any website that is not owned by You. Our site must not be framed on any other site, nor may You create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
(c) If You wish to make any use of material on our site other than that set out above, please contact us via our online contact form.
14. Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for Your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them.
15. Viruses, hacking and other offences
WebBoss will not be liable for any loss or damage in any way whatsoever caused by a distributed denial-of-service attack, viruses 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 services or to Your downloading of any material posted on it, or on any website linked to it.
16. Entire Agreement
This Agreement constitutes the entire agreement between the You and WebBoss and shall supersede all prior agreements, understandings and arrangements, both oral and written, between You and the WebBoss, or any of its affiliates.
All notices You send us must be sent to the contact details specified in section 1 of these Terms and Conditions. We may give notice to You at either the email or postal address You provide to us when making a purchase. (Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter.) In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressees.
These terms are governed by English law. Any contract for the purchase of Services or goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by English law and the courts of England and Wales will have exclusive jurisdiction.�