Our terms of service

Terms of Service

Our Consumer Terms of Service

1. These terms

What these terms cover. These are the terms and conditions on which we supply products to you as a consumer, whether these are goods (e.g. hardware), services or digital content (e.g. software).
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Information about us and how to contact us
Who we are. We are CreeperHost Ltd a company registered in England and Wales. Our company registration number is 08401051 and our registered office is at Office 7, 35-37 Ludgate Hill, London, England, EC4M 7JN. Our registered VAT number is .
How to contact us. You can contact us by telephoning our customer service team at 0800 0119885 or by writing to us using our contact form or at Office 7, 35-37 Ludgate Hill, London, EC4M 7JN.
How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Definitions. Please see Schedule 2 for details of the definitions which apply to the capitalised terms appearing in this agreement.

2. Our contract with you

How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product or services to be rendered. This might be because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product or service or because we are unable to meet a delivery deadline you have specified.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3. Our Products

Products. We supply both goods and services on our website ("Product(s)").
Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
Product packaging may vary. The packaging of the Product may vary from that shown in images on our website.

4. Our rights to make changes

Minor changes to the Products. We may change the Products: 1. to reflect changes in relevant laws and regulatory requirements and 2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Products.
More significant changes to the Products and these terms. In addition, as we informed you in the description of the Products on our website, we may make the following changes to these terms or the Products, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

5. Providing the Products

Delivery costs. The costs of delivery will be as displayed to you on our website.
When we will provide the Products. During the order process we will let you know when we will deliver the Products to you. If the Products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract , as follows : 1. If the Products are goods. If the Products are goods, we will deliver them to you as soon as reasonably possible and in any event within thirty (30) days after the day on which we accept your order. 2. If the Products are one-off services. We will begin the services on the date set out in the order or on the date agreed with you during the order process. 3. If the Product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order. 4. If the Products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 6 or we end the contract by written notice to you as described in clause 8.
We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products.
Your legal rights if we deliver Products late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply: 1. we have refused to deliver the goods; 2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or 3. you told us before we accepted your order that delivery within the delivery deadline was essential.
Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 5.4, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums, you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services using the details set out in clause 1.5 for a return label or to arrange collection.
When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the goods to the address you gave us or you or a carrier organised by you collect it from us.
When you own goods. You own a product which is goods once we have received payment in full.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the description of the Products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to: 1. deal with technical problems or make minor technical changes; 2. update the Product to reflect changes in relevant laws and regulatory requirements; 3. make changes to the Product as requested by you or notified by us to you (see clause 4).
Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the delivery of the Products, we will adjust the price so that you do not pay for Products while delivery is suspended. You may contact us to end the contract for a Product if we suspend it or tell you we are going to suspend it and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
We may also suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to (see clause 10.4) and you still do not make payment within seven days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see clause 10.6). We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products, we may also charge you interest on your overdue payments (see clause 10.5).

6. Your rights to end the contract

You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: 1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 9; 2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2; 3. If you have just changed your mind about the Product, see 76.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Product; 4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.7 OR clause 6.8 .
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are: 1. we have told you about an upcoming change to the Product or these terms which you do not agree to (see clause 4.2); 2. we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed; 3. there is a risk that supply of the Products may be significantly delayed because of events outside our control; 4. we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or 5. you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 5.4)).
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by CreeperHost Ltd to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed Products (see clause 9.2):

Right under the Consumer Contracts Regulations 2013	How our goodwill guarantee is more generous
14-day period to change your mind.	28-day period to change your mind.
Consumer to pay costs of return.	We pay the costs of return.

When you don't have the right to change your mind. You do not have a right to change your mind in respect of: 1. digital products after you have started to download or stream these; 2. services, once these have been completed, even if the cancellation period is still running; 3. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; 4. sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and 5. any products which become mixed inseparably with other items after their delivery.
How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. 1. Have you bought services (for example, ISP connectivity)? If so, you have fourteen days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. 2. Have you bought digital content for download or streaming? If so, you have fourteen days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind. 3. Have you bought goods (for example, telephones? If so, you have fourteen days after the day you (or someone you nominate) receives the goods, unless :
- 1. Your goods are split into several deliveries over different days. In this case you have until fourteen days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
- 1. Your goods are for regular delivery over a set period. In this case you have until fourteen days after the day you (or someone you nominate) receives the first delivery of the goods.
Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 6.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) 10% of its value as compensation for the net costs we will incur as a result of your ending the contract.
Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 6.1), you can still end the contract before it is completed. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until one calendar month after the day on which you contact us. We will refund any advance payment you have made for Products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February, we will continue to supply the Product until 3 March. We will only charge you for supplying the Product up to 3 March and will refund any sums you have paid in advance for the supply of the Product after 3 March.

7. How to end the contract with us (including if you have changed your mind)

Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: 1. Phone or email. Call customer services on the number or email us at using the contact details in clause 1.5. Please provide your name, home address, details of the order and, where available, your phone number and email address. 2. Online. Complete the online form on our website. 3. By post. Print off the above form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
Returning Products after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at our address at paragraph above or (if they are not suitable for posting) allow us to collect them from you. Please call customer services or email us for a return label or to arrange collection. If you are exercising your right to change your mind, you must send off the goods within fourteen days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return: 1. if the Products are faulty or misdescribed; 2. if you are ending the contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or 3. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
What we charge for collection. If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
How we will refund you. We will refund you the price you paid for the Products including, if goods, delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind: 1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. 2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. 3. Where the Product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then: 1. If the Products are goods and we have not offered to collect them, your refund will be made within fourteen days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a product to us, see clause 9.2. 2. In all other cases, your refund will be made within fourteen days of your telling us you have changed your mind

8. Our rights to end the contract

We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if: 1. you do not make any payment to us when it is due and you still do not make payment within two days of us reminding you that payment is due; 2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, a correct postal address; 3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or 4. you do not, within a reasonable time, allow us access to your premises to supply the services.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you ten percent (10%) of the value of your order as reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the Product. We may notify you by email or on our website to let you know that we are going to stop providing the Product. We will let you know at least one month in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.

9. If there is a problem with the Product

How to tell us about problems. If you have any questions or complaints about the Product, please contact us using the details in clause 1.4.
Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is goods , for example a telephone, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back. See also clause 6.3. a) If your product is digital content , for example a subscription to a streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. b) If your digital content is faulty, you're entitled to a repair or a replacement. c) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. d) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation. See also clause 6.3. If your product is services , for example a subscription to a Minecraft server, the Consumer Rights Act 2015 says: a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill or get some money back if we can't fix it. b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable. c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time. See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods , for example a telephone, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.

See also clause 6.3.

a) If your product is digital content , for example a subscription to a streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.
b) If your digital content is faulty, you're entitled to a repair or a replacement.
c) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
d) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

See also clause 6.3.

If your product is services , for example a subscription to a Minecraft server, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time. See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on the number or email us at the address set out in clauses 7.1 for a return label or to arrange collection.

10. Price and payment

Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the Product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the Product you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay. We accept payment by credit card . When you must pay depends on what Product you are buying: 1. For goods , you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you. 2. For digital content , you must pay for the products before you download them. 3. For services , please see paragraph 12 of Schedule 2.
We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of two (2)% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.

11. Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at clause 9.2 including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective Products under the Consumer Protection Act 1987.
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you are dealing with us as a business, please see Schedule 2 for the provisions which will apply to your business.

12. How we may use your personal information

How we may use your personal information. We will only use your personal information as set out in our privacy policy.

13. Other important terms

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within two working days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.
You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause 6.4 to a person who has acquired the Product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 13.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to CEDR (Centre for Effective Dispute Resolution) via their website at cedr.com. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings.

Appendix - Model Cancellation Form

*(Complete and return this form only if you wish to withdraw from the contract)*
To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, E-MAIL ADDRESS TO BE INSERTED BY THE TRADER] I/We [] hereby give notice that I/We [] cancel my/our [] contract of sale of the following goods []/for the supply of the following service [], Ordered on []/received on [], Name of consumer(s), Address of consumer(s), Signature of consumer(s) (only if this form is notified on paper), Date [] Delete as appropriate © Crown copyright 2013.

(Complete and return this form only if you wish to withdraw from the contract)

To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.

Terms of Service (Business Customers)

These Terms of Service apply to business customers. If you are a consumer, the provisions of our consumer terms at Schedule 1 shall also apply to you. In the event of any conflict between these Terms of Service and those in Schedule 1, the provisions of this Schedule 2 shall prevail if you are a business and those in Schedule 1 shall prevail if you are consumer.

1. Definitions

In these Terms of Service, unless the context requires otherwise, the following words shall have the following meanings.

Definition	Meaning
"Agreement"	the collective rights and obligations of the parties, as set out in Schedule 1 and Schedule 2
"Abuse Complaint"	a complaint, either by CreeperHost or a third party, about your use of the Services;
"Bandwidth"	the data transferred by you using the Services to other equipment on the Internet. For the avoidance of doubt, this includes the transfer of data between the Services and other material hosted by CreeperHost;
"Business Day"	any day on which ordinary clearing banks are open for business in London;
"Control Panel"	the online portal that you may access at http://www.creeperpanel.com or another address advised to you by CreeperHost from time to time;
"CreeperHost Network"	refers to CreeperHost's routers, switches, cabling and other network equipment located globally, responsible for connecting servers hosted by CreeperHost to the outside world;
"Engineer"	a CreeperHost member of staff with competence in repairing or replacing the hardware;
"Hardware"	the servers, firewalls, equipment, cabling and systems provided by CreeperHost in connection with the Services;
"IP"	internet protocol;
"IPRs"	all intellectual property rights including without limitation any patent, copyright, database right, registered design, unregistered design right, trade mark or other intellectual property protection in any part of the world, any application for any such protection, any rights in respect of any secret process, know-how or other confidential information, in any part of the world, and any extension or renewal of any such protection or rights;
"Latency"	the average time for a packet to transmit between two points in the CreeperHost Network;
"Network Availability"	the percentage of time the CreeperHost Network is contactable over a calendar month;
"Notified Maintenance"	essential maintenance to be carried out by CreeperHost concerning the Services, Hardware or Software, which has been advertised to you;
"Packet Loss"	the number of packets, as a percentage, that does not reach their destination within the CreeperHost Network;
"Power Availability"	the percentage of time the power is available over a calendar month;
"Quality"	refers to two metrics, Latency of the CreeperHost Network and Packet Loss within the CreeperHost Network;
"Response Time"	the time from you making a Support Call to an Engineer commencing work on the Services;
"Schedule"	the schedules or Internet/telephone orders to this agreement from time to time, describing the internet-related services requested by you including without limit details of the requested Bandwidth, Hardware and Software;
"Scheduled Maintenance"	maintenance necessary for the continued provision of service, including but not limited to network upgrades and security updates;
"Services"	the internet-related services described in any Schedule made hereunder and which are supplied or to be supplied by CreeperHost on and subject to the terms of this agreement and any schedules made hereunder;
"SLA"	service level agreement;
"Software"	the computer software provided by CreeperHost in connection with the Services;
"Support Call"	a telephone call by you to CreeperHost's telephone number, published on www.creeperhost.net;
"Unavailable Network Time"	a portion or the entirety of the CreeperHost Network is unavailable, which affects the provision of the Services to you. Network Unavailable Time excludes Scheduled Maintenance, and those situations defined in the "Exclusions" section of the Network Service Level Agreement;

2. GENERAL

CreeperHost reserves the right at any time to amend, improve or correct the Services, Software or Hardware (or any part thereof) provided that such modification does not materially affect the overall quality of the Services, this includes the right to substitute the Hardware with Hardware of similar specification, where necessary.
CreeperHost shall endeavour to give you reasonable notice of such modifications, but this may not always be possible.
CreeperHost shall not be liable to you or to any third party for any such change or any failure to give such notice CreeperHost reserves the right at its sole discretion to suspend any or all of the Services (temporarily or permanently) on the occurrence of any unscheduled maintenance or any of the following (each of the following shall be a " Suspension Event"): 1. Notified Maintenance; 2. issue by any competent authority of an order which is binding on CreeperHost and which affects the Services and which can only be dealt with appropriately by a suspension of the Services; 3. if you fail to pay any amounts due under this agreement when they are due; 4. if any event occurs which would entitle CreeperHost to terminate these terms of service; 5. the bandwidth used by you concerning the Services exceeds the agreed level, and CreeperHost determines in its sole discretion that such suspension is necessary to protect all and any Internet solutions provided by CreeperHost from time to time.
It is your responsibility to keep the server security and software up to date. While CreeperHost will make reasonable attempts to keep services secure the limitation on liability resulting in any breach, whether preventable or not, will be limited to the amounts described in clause 17.
You shall remain liable for any legal contracts or end-user license agreements as a result of any third-party software installed by you. In the event of a server crash, once notified, CreeperHost will endeavour to reboot your server as soon as possible but offer no timed guarantee. You may have access to an automatic reboot switch, in which case an instant reboot may be possible. CreeperHost makes no guarantee as to the functionality of the reboot switch but will make all reasonable endeavours that the reboot switch is functioning correctly. It is your responsibility to maintain and to enter a contact email address, postal address and telephone number for you on the Control Panel, and to ensure such contact details are current and up to date at all times.
CreeperHost may provide the Services to you from a verbal or email order received by it from any authorised person. A person shall be an authorised person for this clause if your name is listed at the time of placing the order on the Control Panel.
These Terms of Service, together with the Schedules constitute the whole and only agreement and understanding between the parties relating to its subject matter and supersedes and extinguishes any drafts, agreements, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, between the parties in connection with the subject matter of these Terms of Service, whether existing prior to or at the same time as this agreement.
These Terms of Service will be on these conditions only, to the exclusion of any other terms and conditions (including any terms and conditions which you purport to apply under any purchase order, confirmation of the order, specification or another document). Where you are a business, your terms and conditions shall not apply to these Terms of Service.

3. OFFERS AND COUPONS

At CreeperHost, we often provide coupons or special offers to our customers, for a full list of terms and conditions on an offer or coupon, please open a support ticket to our Pre-Sales department clearly requesting a complete list of terms and conditions on the coupon code or offer you wish to use. All discounts are invalidated on any significant package change initiated by the customer.

4. DOMAIN NAMES

Domain names are not owned by you. Ownership is retained by CreeperHost.net and usage is allowed for the life of the package existing at the time of order. Exceptions can be made at the discretion of CreeperHost management to allow transfers out, or to allow the domain to be pointed to an IP of your choice.

5. USE OF CREEPERHOST BY MINORS AND BLOCKED PERSONS

Where you are an individual, you warrant that you are 18 years of age or older, and capable and authorised to enter into this agreement. The CreeperHost services are not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence), you may only use the CreeperHost services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
The CreeperHost services are also not available to any Users previously removed from the CreeperHost services by CreeperHost.
CreeperHost services are not available to any persons barred from receiving them under the laws of England (for instance, because of export restrictions and regulations) or applicable laws in any other jurisdiction in which you may reside.

6. HARDWARE

All hardware resources are on fair usage and shared with others unless specified otherwise. CreeperHost will manage the resources to ensure the best performance; cores may be physical or logical, physical cores will be prioritised where possible.

7. CURRENCY CONVERSION

You will be charged in pounds sterling for any services you purchase. This can cause small discrepancies between invoice amounts and amounts shown in your invoice if you have opted for a currency other than GBP. This is due to third party currency conversion sites using different currency conversion rates and is outside of our control.

8. DDOS MITIGATION

We cannot guarantee uninterrupted service while under DDoS attack due to the varying type, size and nature of these attacks.
We will mitigate attacks until the point it interrupts service for other customers, at which point we reserve the right to drop all traffic destined for the attack targets service to maintain network quality.

9. DURATION AND TERMINATION

These Terms of Service shall come into effect upon the date of this agreement and, subject to the provisions of this agreement shall continue in force for an initial term of one month from the time the Services are available to you and indefinitely after that until terminated by either party giving not less than one (1) week prior notice through our automated systems to expire on or after the expiry date of the initial term, or one (1) month prior written notice to expire on or after the expiry date of a dedicated server.
Without prejudice to any other rights to which CreeperHost is entitled, CreeperHost may give notice in writing to you to terminate this agreement with immediate effect if: 1. you commit any material breach of any of the terms of this agreement and (if such a breach is remediable) fail to remedy that breach within three days of being notified of the violation; 2. an order is made, or a resolution is passed for your winding up (if a company) or your bankruptcy (if an individual); 3. a request is made for the appointment of an administrator to manage your affairs, business and property or documents are filed with a court of competent jurisdiction for the selection of an administrator or notice of intention to appoint an administrator is given by you or your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act (1986)); 4. a receiver is appointed over any of your assets or undertaking; or 5. if circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager over your assets; 6. any abusive or aggressive behaviour or behaviour belittling our software, our services via support tickets or similar communication will result in suspension, followed by termination if repeated; 7. you make any arrangement or composition with your creditors or make an application to a court of competent jurisdiction for the protection of your creditors in any way; 8. you purport to assign your rights or obligations under this agreement.
For the avoidance of doubt and without limitation, a breach of any of the payment provisions contained in this agreement, or a breach of the Acceptable Use Policy is a material breach for the purposes of these Terms of Service.
Refunds outside our satisfaction policy will be given only at the discretion of CreeperHost and generally not offered unless there are extraneous circumstances or within your legal rights. CreeperHost is the sole entity that defines the conditions under which a refund will be provided.

10. SUPPORT AND MAINTENANCE

Maintenance and support shall not include services for problems arising out of 1. tampering, modification, alteration, or addition to the Hardware or Software, which is undertaken by persons other than CreeperHost or its authorised representatives; or 2. software programmes or hardware supplied by you.
You shall document and promptly report all errors or malfunctions of the Services, Hardware or Software to CreeperHost. You shall take all steps necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such methods have been received from CreeperHost provided the procedures specified are reasonable.
You agree to maintain a current archive copy of all software and data and shall properly train your personnel in the use of the Services, Hardware and Software. Any problems caused by you to the Services, (which include, but are not limited to, deletion of necessary operating system files, accidental or intentional infection by a virus/Trojan) may result in extra charges to you at the rate specified in section 22, or part thereof. For any work that will take more than two hours, we will seek prior authorisation from you by telephone, email, fax, or post.

11. AVAILABLE SOFTWARE

CreeperHost is not responsible for the updates to game software, third party game developers and instability in the software installed as part of the Services. CreeperHost provides resources (dedicated; physical or virtual) for the end-user to run software of their choice.

12. PAYMENT

You shall pay the price for the Services as set out in the Schedule. Initial payment is required before any setup work is carried out. CreeperHost invoices for regular payments monthly in advance, unless otherwise agreed in writing. The price for the Services covers bandwidth as stated in the Schedule. If you exceed this limit, then CreeperHost reserves the right to make additional charges for usage above the limit at its then prevailing charge rate.
CreeperHost will endeavour to let you know if its bandwidth use exceeds the agreed level; however, it is your responsibility to monitor the bandwidth being used by it from time to time using the Control Panel.
All prices quoted to you for the provision of services by CreeperHost are exclusive of any value-added tax (VAT) for which you may be additionally liable at the applicable rate.
Where the Services are purchased with a monthly payment plan comprising a setup fee, this fee is payable immediately. Where a long-term contract is purchased; the setup fee is included within the total payment.
The price and all other amounts due under the Schedule shall be paid by you by the due date as specified in CreeperHost's invoice. Failure to pay by the due date will result in server suspension across one or all rented services. After 3 (three) days, the service and data will be terminated.
Time for payment shall be of the essence. Payment shall only be deemed received by CreeperHost upon receipt of cleared funds. Payment shall be made in full without any abatement, set-off or deduction on any grounds. Should a payment be taken back, via a chargeback or similar, CreeperHost reserves the right to terminate all accounts and services without warning and to initiate the recovery of any fees incurred.
CreeperHost reserves the right to suspend the Services in case of late payment. CreeperHost reserves the right to apply a fee for late payments. Any exercise by CreeperHost of its right to suspend the Services in the case of late payment or chargeback/dispute proceedings shall be without prejudice to any other of its rights under this agreement. Notwithstanding suspension of the Services by CreeperHost you shall continue to pay the price for the Services in accordance with the terms of this agreement until this agreement is terminated in accordance with the terms of this agreement.
CreeperHost understands and will exercise its statutory right to interest and debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 if not paid according to agreed terms. Late payment of one or more services will affect ALL services on the account.
Chargebacks or Disputes will result in service suspension upon first communication of the proceedings. CreeperHost reserves the right to collect payment up to seven working days prior to the due date to ensure there is enough time to remedy any payment issues. Cleared funds must be received prior to the due date to avoid potential late charges or service interruption. CreeperHost reserves the right to send overdue accounts to a debt collection agency. All charges involved in the collection of overdue accounts will be payable by you.

13. SERVICE LEVEL AGREEMENT

This SLA applies to Services where the agreement for the service specifically references this SLA. The objective of this SLA is to document the availability of the Service that CreeperHost is to achieve. This does not constitute any additional liability to CreeperHost, but instead a self-assumed obligation towards you.
Under the conditions below, CreeperHost offers to pay you service credits if the availability defined below is not met. CreeperHost shall guarantee the availability will be 99% in any calendar month, subject to exclusions as outlined below. If CreeperHost fails to meet this guarantee a credit shall be available to you as outlined below. The availability calculation shall exclude periods when outages arise from or are otherwise indirectly caused by: -
1. Outage periods due to any cause other than faults by CreeperHost, including failures or negligence by you or problems associated with equipment connected on your side of CreeperHost delivery point,
No commitment from CreeperHost applies in case of Force Majeure. Should you not have access to the Services as defined above, CreeperHost shall credit you 0.5 days service credit for each 1-hour downtime below the contracted amount when the service is not available, subject to a maximum credit in any one month of 50% of the monthly fee for the contracted service. The credit applies to the contracted service. You shall not be entitled to any credits under this SLA if any payment of the price for the Services is overdue under the terms of this agreement.
The account credit shall be made for the element of the Services that was not available; it will not be made for the full service. (E.g. If a dedicated server and backup service are ordered, but the backup service is not available for a period of time, the credit will be calculated based on the price of the backup service, not the combined cost of the dedicated server and backup service.) Any credit is subject to you notifying CreeperHost within seven days in writing. You agree that the service credits due under this SLA are your sole remedy against CreeperHost for any non-availability of the Services.

14. CONSEQUENTIAL LOSSES

CreeperHost is not in a position to assess any consequential loss which you may suffer as a result of any failure of the Services or any other default on the part of CreeperHost and it would be impractical and uneconomic for CreeperHost to insure against such liability. Accordingly, it is your responsibility to accurately assess any consequential loss that you and/or your clients may suffer and to obtain and maintain adequate insurance in relation to such injuries. You shall also ensure that you have sufficient insurance cover in relation to any loss or damage which may be caused to CreeperHost and/or its clients through the negligence or default of you, your employees, agents, or equipment. You shall, as and when requested, provide CreeperHost with such evidence as CreeperHost may require in relation to your insurance.

15. INDEMNITY

You agree to fully indemnify and keep CreeperHost, its subsidiaries, affiliates, officers, partners and employees fully insured from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever incurred by us and arising from any of the following: 1. your breach of this agreement or your negligence or other act, omission or default; 2. the operation or breakdown of any equipment or software owned or used by you (i.e. excluding the Hardware and Software); 3. your use or misuse of the Services; 4. you infringe (whether innocently or knowingly) third party rights (including without limit IPRs).

16. DISCLAIMER

Nothing in the Agreement shall exclude or limit the liability of CreeperHost for death or personal injury resulting from its negligence or fraudulent misrepresentation nor affect the statutory rights of CreeperHost.
You acknowledge that the allocation of risk in this agreement reflects the price paid for the Services, Hardware and Software and that it is not within the control of CreeperHost how or for what purposes they are used. If any exclusion or limit of liability in this agreement is held to be invalid and CreeperHost becomes liable for loss or damage that may lawfully be limited, then such liability shall be limited to the amount paid by you for the Services.
CreeperHost shall have no obligation to you for any loss arising from any material, data or instructions supplied whether digitally or otherwise by you or on your behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by you or on your behalf.
No action, claim or demand to appear out of or in connection with this agreement may be brought by you against CreeperHost more than one year after the cause of action has occurred.
CreeperHost is not responsible for any delay, malfunction, non-performance and/or other degradation of performance of any of the Services, Hardware or Software caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by you whether or not beyond those already supplied.

17. LIABILITY

Neither CreeperHost nor anyone else who has been involved in the creation, production or supply of the Services, Hardware or Software shall be liable to you or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with this Agreement or the Services, Hardware or Software for any: 1. economic loss of any kind whatsoever, or 2. loss of profit, data, business contracts, revenues, or anticipated savings, or 3. damage to your reputation or goodwill, or 4. loss resulting from any claim made by any third party, or 5. special, indirect or consequential loss or damage of any nature whatsoever, and the entire liability of either party in respect of any claim in connection with this Agreement shall not exceed the value of the total sums paid by you to us for the purchase of Software, Hardware and/or Services.
Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages, and therefore the above may not apply to you.

18. NOTICES

A notice relating to this Agreement will be validly given only if it is in writing and delivered personally or by courier or sent by first class post (or air mail if overseas) or registered post, to the intended recipient at the address or email address set out in this Agreement or such other address, contact form or email address as the party in question may specify by notice. Our contact form can be found here.
In the absence of evidence of earlier receipt, a notice is deemed given:
if delivered personally or by courier, when left at the relevant address;
if sent by post other than airmail, two Business Days after posting it;
if sent by air mail, five Business Days after posting it; and
if sent by email, on completion of the transmission, provided that the sender can produce a successful delivery report.

19. DATA PROTECTION

Please refer to our privacy policy for details as to how we collect and process information about you.

20. MISCELLANEOUS

This agreement is personal to the parties, and neither we nor you may assign, mortgage, charge, sub-license, or otherwise transfer or deal in, or create any trust over, any of its rights, or sub-contract or otherwise delegate any of its obligations, under this Agreement.
Notwithstanding any other provisions in this agreement, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this agreement.
Nothing in this agreement shall make either of us the partner or agent of the other party.
This agreement, together with the documents referred to in it, constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between them relating to the subject matter of this Agreement.
Each party acknowledges that, in entering into this agreement, it does not rely on any representation or warranty except as expressly set out in this agreement, but nothing in this agreement is intended to limit or exclude any liability for fraudulent misrepresentation.
No variation of this agreement shall be valid unless agreed in writing by the parties.
Unless otherwise stated, time shall not be of the essence for the performance of this agreement.
If a party: 1. fails to exercise, or delays in exercising, a right under this agreement, it shall not be deemed to have waived that right; or 2. waives its right in relation to a breach of this agreement, it shall not be deemed to have waived its rights in relation to any subsequent breach of the same or any other provision of this agreement.
The rights of each party under this agreement are cumulative and additional to any other right or remedy.
If any part of this agreement is held illegal or unenforceable by a court of competent jurisdiction, that part shall be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.
Neither party shall be deemed to be in breach of this Agreement, or have any liability to the other, to the extent that it is prevented from carrying out its obligations under this Agreement by reason of any circumstances beyond its reasonable control. In the event that such circumstances continue beyond the period of sixty days, the non-affected party shall be entitled to terminate this Agreement forthwith upon written notice to the other party.

21. GOVERNING LAW AND JURISDICTION

This agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to it or its formation, shall be governed by and construed in accordance with the laws of England. The parties irrevocably submit to the exclusive jurisdiction of the courts of England to hear and determine any suit, action or proceedings or settle any disputes arising out of or in connection with this agreement and to enforce any judgment against their respective assets.

22. ADDITIONS

(*) 12 GBP per 30 minutes is reserved for VPS services; dedicated server rate is 24 GBP per 30 minutes for work undertaken due to physical access requirements or 65 GBP per 30 minutes for any networking-related work undertaken.
We reserve the right to charge for additional support within our support system should it fall outside our standard support policies, details of which are available upon request.

23. UPDATES

We will routinely update our servers and ask that you check back regularly to obtain the benefit of them.