Hosting Terms

We are HowToMoodle Ltd, a private limited company registered in England and Wales No 05029965. Our Registered Office is at 11 Queen Street, Wellington, Telford, Shropshire, TF1 1EH. References in these terms of business to "you" or "your" shall refer to each and every party to this agreement (other than us).

1. All quotations given and orders accepted by HowToMoodle Ltd are subject to the following terms and conditions. No addition or variation of any agreement between HowToMoodle Ltd and you shall be binding unless agreed to in writing by a director of HowToMoodle Ltd.

2. HowToMoodle Ltd require payment in advance for all services they provide. This may be made by cleared cheque, credit card (via PayPal) or BACS transfer. No credit facilities are extended to you other than as agreed in writing by a director of HowToMoodle Ltd.

3. HowToMoodle Ltd’s hosting services are provided on an annual basis. If you wish to renew your hosting services you must notify HowToMoodle Ltd no later than 14 days before the end of the year in question. HowToMoodle Ltd reserve the right to refuse a renewal request.

4. HowToMoodle Ltd may terminate its agreement with you if you cease to trade, become insolvent, breach the agreement in any way or on giving you 28 days notice without cause. In the event that HowToMoodle Ltd terminate without cause they will repay to you the charges you have paid for the year in question on a pro-rata basis.

5. In the event that you choose not to renew your agreement or HowToMoodle Ltd terminates the agreement for cause you shall pay to HowToMoodle Ltd their standard fee for the transfer of data (calculated in accordance with the volume and complexity of data to be transferred) before any data will be transferred. In the event that such fee is not paid within 30 days of invoice HowToMoodle Ltd shall delete the data concerned.

6. You agree to the installation of all upgrades, patches and new versions of the software HowToMoodle Ltd provides and permit us to access your site at all times. In the event that you refuse or uninstall such upgrade, patch or new version HowToMoodle Ltd shall have the right to terminate this agreement without any liability to refund any fees paid by you.

7. Any timescale stated by HowToMoodle Ltd for delivery of services is an estimate only and time for delivery shall not be of the essence. HowToMoodle Ltd shall not be liable for late delivery however caused.

8. Any change to the specification of the services to be provided by HowToMoodle Ltd to you will not be effective unless agreed with a director of HowToMoodle Ltd. Such changes may result in additional/increased fees being charged.

9. Once any HowToMoodle Ltd site, service, media or other deliverable is made available to the Client, the Client will, by accepting delivery, “Sign Off” the deliverable, if any faults are not reported to HowToMoodle Ltd as detailed in the following condition.

10. Any claim regarding the services delivered by HowToMoodle Ltd must be notified, by e-mail, to HowToMoodle Ltd within 5 working days of delivery of the service concerned except where you have a support contract with HowToMoodle Ltd, in which case the fault should be reported via the HowToMoodle Ltd help desk facility.

11. Any credit accounts shall be settled within 30 days of the date of HowToMoodle Ltd’s invoice to you and HowToMoodle Ltd reserves the right to charge interest to you at the rate of 2% per month on the outstanding balance of any overdue accounts such interest to be due in relation to the period both before and after any judgement. You shall be also liable for all costs, including legal fees, incurred in the collection of any outstanding balance.

12. HowToMoodle Ltd reserves the right to withdraw credit facilities and suspend work or withdraw a service on any overdue account until payment is made in full.

13. You shall abide by our web site acceptable use policy which can be found here.

14. HowToMoodle Ltd shall use its reasonable endeavours to provide its services to an acceptable industry standard but makes no warranty, implied or otherwise, that the services provided to you are suitable for your purposes or that they will correct any particular problem or issue. HowToMoodle Ltd makes no warranty concerning the suitability or performance of software (whether open source or proprietary) (including any additions and/or modifications thereto) installed, supported or maintained by HowToMoodle Ltd.

15. HowToMoodle Ltd’s liability under the contract is limited solely to the value of the price paid by you in relation to the services at the time that you make a claim against HowToMoodle Ltd.

16. HowToMoodle Ltd shall in no circumstances be liable for any consequential loss, loss of data loss of revenue or loss of profits of whatever kind and however arising provided always that nothing in this agreement shall seek to limit HowToMoodle's liability for personal injury or fraud.

17. These terms and conditions and the documents referred to in them, together with any properly formulated amendments to either, constitute the entire agreement between the parties to the exclusion of all representations (other than any given fraudulently) and any other terms of business.

18. The contract between HowToMoodle Ltd and you shall be governed by and construed in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.