Terms of Service.

Introduction

These Terms of Service ("Terms") govern your use of the products and services provided by Kitwick ("Kitwick", "we", "us" or "our") through kitwick.com and any related services.

By placing an order, creating an account, registering a domain, purchasing a hosting service, or using any service provided by Kitwick, you agree to these Terms.

If you do not agree with these Terms, you should not purchase or use our services.

About Kitwick

Kitwick provides website hosting and related online services, which may include:

• Web hosting
• WordPress hosting
• Domain registration and domain transfers
• SSL certificates
• Website migration services
• Website backups
• Website security services
• Email services where included with a hosting plan
• Other related website and hosting services

The exact services and features available to you depend on the package or service you purchase.

Kitwick Business Details

Definitions

"Customer", "you" or "your" means the person or organisation purchasing or using our services.

"Services" means the hosting, domain, SSL, migration, email, security, backup and other services supplied by Kitwick.

"Account" means your Kitwick customer account.

"Hosting Service" means any web hosting or WordPress hosting service purchased from Kitwick.

"Domain" means a domain name registered, transferred or managed through Kitwick.

"Billing Period" means the period for which a service has been purchased, such as monthly, quarterly, annually or another period shown during checkout.

Your Kitwick Account

You must provide accurate, complete and current information when creating your Kitwick account.

You are responsible for:

• Keeping your account information accurate.
• Keeping your login credentials secure.
• Keeping your email address up to date.
• Not sharing your account credentials with unauthorised persons.
• All activity carried out through your account unless caused by circumstances outside your reasonable control.

You must notify us promptly if you believe that your account has been compromised.

We may request additional information where reasonably necessary to verify an account, order, payment or domain registration.

Ordering Services

When you place an order through Kitwick, you are requesting to purchase the selected service.

An order is not necessarily accepted until we have received the required payment, completed any necessary verification and activated or confirmed the relevant service.

We may refuse or cancel an order where reasonably necessary, including where:

• Payment cannot be verified.
• Information provided is inaccurate.
• Fraud or abuse is suspected.
• The requested service is unavailable.
• The order would breach our Acceptable Use requirements.
• A technical or pricing error has occurred.

Where we cancel an order after receiving payment and there is no other lawful basis for retaining the payment, we will arrange an appropriate refund.

Hosting Services

Kitwick provides hosting services according to the specifications of the package purchased.

Different hosting packages may have different limits relating to:

• Storage
• Number of websites
• Bandwidth
• Databases
• Email accounts
• Server resources
• Backups
• Security features
• Website migration
• Other resources or features

The resources and features included in your package are those displayed at the time of purchase or otherwise agreed with you.

We may monitor resource usage to maintain the stability, security and performance of our hosting environment.

Where a website regularly consumes resources beyond what is reasonably expected for its hosting package, we may contact you to discuss optimisation, migration to a more suitable package or another appropriate solution.

WordPress Hosting

Our WordPress hosting services are designed to support websites running WordPress.

Depending on the package purchased, WordPress services may include:

• WordPress hosting environments
• SSL
• Malware protection
• Backups
• CDN services
• Website migration
• WordPress-related security features

Kitwick does not guarantee that every WordPress theme, plugin or third-party application will be compatible with every hosting environment.

You are responsible for ensuring that your WordPress installation, themes and plugins are appropriately maintained unless a particular maintenance service has been expressly purchased from Kitwick.

Domain Names

Domain registration and transfer services are subject to the rules and policies of the relevant domain registry and registrar.

You are responsible for:

• Providing accurate domain registration information.
• Keeping your domain contact information up to date.
• Renewing your domains before expiry.
• Complying with applicable registry policies.
• Ensuring that your domain registration does not infringe another person's rights.

Kitwick cannot guarantee that a particular domain name will remain available.

Domain registration fees may be non-refundable once a domain registration or renewal has been submitted to the applicable registry, subject to applicable law and the rules of the relevant registry.

Domain Renewals and Expiry

Domains are generally renewed according to the renewal period selected by you.

You are responsible for ensuring that sufficient funds are available for renewal where automatic renewal is enabled.

If a domain expires, it may stop resolving to your website, stop receiving or sending email, enter a registry grace period, become subject to additional restoration charges, or eventually become available for registration by another party.

Kitwick is not responsible for a domain being lost because you failed to renew it on time, subject to any rights or obligations imposed by applicable law or the relevant registry.

Pricing and Payments

Prices displayed on Kitwick are those applicable at the time of purchase unless otherwise stated.

Prices may be displayed inclusive or exclusive of VAT depending on the applicable tax treatment and how prices are presented during checkout.

You agree to pay all charges associated with the services you purchase.

We may suspend services where an invoice remains unpaid after the applicable due date, subject to applicable law and any notice requirements that apply.

Recurring Services

Some Kitwick services renew automatically.

Where automatic renewal applies, the renewal frequency and price should be displayed during the ordering process or in your account.

You may cancel a recurring service in accordance with the cancellation procedure described by Kitwick.

Cancellation and Refunds

You may cancel a service through your Kitwick account or by contacting our support team using the contact details provided on our website.

Refund eligibility depends on the type of service, when the cancellation occurs, whether the service has already been supplied, any applicable registry or third-party charges, and whether you are purchasing as a consumer or for business purposes.

Nothing in these Terms is intended to remove or restrict any statutory rights that apply to consumers.

Where applicable consumer law provides cancellation rights for online purchases, those rights and any applicable exceptions will apply.

Website Migration

Where website migration is included with your hosting package, Kitwick will make reasonable efforts to transfer your website from your previous provider.

Migration may include, depending on the service:

• Website files
• Databases
• DNS configuration
• Email configuration
• WordPress installations
• Related hosting settings

Migration is dependent on the information, access credentials and technical environment provided by you.

Some websites may require additional work because of unsupported software, custom server configurations, outdated PHP versions, broken applications, third-party integrations or incorrect DNS configuration.

We will make reasonable efforts to minimise disruption during migration, but we cannot guarantee zero downtime in every circumstance.

You remain responsible for maintaining an appropriate backup of your website and important data before migration.

Backups

Where backups are included with your hosting package, Kitwick will operate backups according to the backup system and retention period applicable to that service.

Backup availability, frequency and retention may differ between hosting packages.

Backups are intended as a recovery mechanism and should not be treated as the sole copy of your important data.

You should maintain independent backups of important files, databases, emails and other information.

SSL Certificates

Where SSL is included with your hosting package, Kitwick may provide or install an SSL certificate appropriate for the service.

SSL certificates may be provided by Kitwick or by a third-party certificate provider.

You are responsible for ensuring that your website is configured correctly to use HTTPS.

An SSL certificate does not guarantee that a website is secure from all forms of attack.

Acceptable Use

You must use Kitwick services lawfully and responsibly.

You must not use our services for activities including:

• Fraud
• Phishing
• Malware distribution
• Hacking or unauthorised access
• Distribution of malicious software
• Unauthorised scanning or attacks against systems
• Spam or unlawful bulk messaging
• Hosting unlawful content
• Copyright or intellectual property infringement
• Distribution of stolen data
• Activities intended to disrupt our infrastructure or another person's systems
• Cryptocurrency mining where it materially affects shared hosting resources
• Hosting material that creates an unreasonable security, performance or legal risk

You must also comply with all applicable laws and regulations.

Email and Spam

If email services are included with your hosting package, you must not use them to send unsolicited bulk email, spam or other unlawful communications.

You must comply with applicable anti-spam and electronic communications laws.

We may restrict, suspend or terminate email services where necessary to protect our systems, other customers or recipients from abuse.

Security

You are responsible for taking reasonable steps to protect your websites and applications.

This includes keeping WordPress, plugins, themes, CMS software, scripts, passwords and other applications appropriately updated and secured.

If we identify a security vulnerability or compromised website, we may contact you and may temporarily restrict affected services where reasonably necessary to protect our infrastructure or other customers.

Suspension of Services

We may temporarily suspend a service where reasonably necessary, including where:

• An invoice remains unpaid.
• Your account presents a security risk.
• Your website is compromised.
• Your service is being used for prohibited activity.
• Your usage materially affects other customers.
• You breach these Terms.
• We are required to do so by law or a competent authority.

Where reasonably practical, we will provide notice and an opportunity to resolve the issue before suspension.

Immediate action may be taken where necessary to address serious security, legal or operational risks.

Termination

Either party may terminate a service in accordance with the applicable cancellation procedure and contract terms.

Kitwick may terminate or suspend an account where you materially breach these Terms and, where appropriate, fail to remedy the breach within a reasonable period after being notified.

Serious or unlawful misuse may result in immediate suspension or termination where reasonably necessary.

Upon termination:

• Your access to the relevant service may cease.
• Hosting data may eventually be deleted.
• Domains may continue to be subject to their registry rules.
• Outstanding amounts may remain payable.

You should download or transfer any required data before the termination or expiry of a service.

Data Protection and Privacy

Kitwick processes personal information in accordance with its Privacy Policy.

Where Kitwick processes personal data on behalf of a business customer as a processor, the parties' responsibilities may be governed by an appropriate data processing agreement or equivalent contractual provisions where required.

Third-Party Services

Kitwick may use third-party providers to deliver parts of our services, including:

• Domain registries
• Payment processors
• SSL providers
• Data centre providers
• Infrastructure providers
• Security providers
• Backup providers
• Email providers
• CDN providers
• Software and licensing providers

Third-party services may have their own terms and policies.

Where a service depends on a third-party provider, Kitwick cannot guarantee the availability or continued operation of that third-party service where the issue is outside our reasonable control.

Service Availability

We aim to provide reliable and consistent hosting services.

However, services may occasionally be unavailable because of:

• Scheduled maintenance
• Emergency maintenance
• Hardware failure
• Software failure
• Network problems
• Cybersecurity incidents
• Third-party infrastructure failures
• Internet or DNS problems
• Events outside our reasonable control

Where practical, we will provide advance notice of scheduled maintenance.

Any specific uptime commitment applies only where expressly included in the applicable service or Service Level Agreement.

Intellectual Property

You retain ownership of content, websites, files, databases and other materials that you upload to Kitwick.

You grant Kitwick the limited rights necessary to store, transmit, back up and otherwise process that content solely for the purpose of providing the services.

Kitwick retains ownership of its website, branding, logos, software, systems, documentation, designs and other intellectual property.

Your Content

You are responsible for the content you upload, publish or distribute using Kitwick services.

You must ensure that your content:

• Is lawful.
• Does not infringe third-party rights.
• Does not contain malicious code.
• Does not violate applicable regulations.
• Does not breach these Terms.

Kitwick does not generally monitor customer content for legality or compliance, but we may investigate and take appropriate action where we receive a valid complaint, legal request, security report or other credible indication of misuse.

Liability

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

Nothing in these Terms is intended to exclude liability for matters that cannot legally be excluded or limited under applicable law.

Subject to the above and to applicable law, Kitwick will not be responsible for losses that are:

• Not reasonably foreseeable.
• Indirect or consequential.
• Outside our reasonable control.

For business customers, any agreed limitation of liability may be subject to the specific service agreement or contract between Kitwick and the customer.

For consumer customers, statutory rights remain unaffected.

Events Outside Our Control

Kitwick will not be responsible for failure or delay caused by circumstances beyond our reasonable control.

These may include:

• Natural disasters
• Severe weather
• Fire
• Flood
• Power failures
• Major network outages
• Internet infrastructure failures
• Cyberattacks
• Government action
• War
• Civil unrest
• Industrial disputes
• Failures of third-party infrastructure

We will take reasonable steps to minimise the impact of such events and restore affected services as soon as reasonably practical.

Changes to Services

We may make reasonable changes to our services where necessary to:

• Improve security
• Improve performance
• Maintain compatibility
• Comply with legal requirements
• Replace obsolete technology
• Improve reliability

Where a change materially affects an existing service, we will provide appropriate notice where reasonably practical.

Changes to These Terms

We may update these Terms from time to time.

The latest version will be published on the Kitwick website with the applicable "Last updated" date.

Where a change materially affects an existing customer contract, we will provide notice where required by law or the applicable contract.

Complaints

If you have a complaint about Kitwick, please contact our support team first.

We will review the complaint and attempt to resolve it fairly and reasonably.

Governing Law

These Terms are governed by the laws of England and Wales, unless applicable law requires otherwise.

Subject to any mandatory consumer rights, disputes will be subject to the jurisdiction of the courts of England and Wales.

Nothing in this clause prevents a consumer from relying on mandatory protections or bringing proceedings in a jurisdiction where applicable law gives them that right.

Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary.

The remaining provisions will continue to apply.

Entire Agreement

These Terms, together with the applicable order details, product descriptions, policies and any separate agreement between Kitwick and the customer, form the agreement governing the relevant services.

Where a separate written agreement expressly applies to a particular service, that agreement will take precedence to the extent of any inconsistency.