Documents

Preamble

These Terms and Conditions (“Terms”) govern the provision of hosting and related services (“Services”) by IN8INITY GLOBAL LIMITED (“Service Provider,” “we,” or “us”), a company registered in England and Wales (Company No. 15758139, Registered Office at Marlborough House, 298 Regents Park Road, London, England, N3 2SZ), to any individual or entity (“Customer” or “you”). By registering an account via our online portal and/or paying for the Services, you accept and agree to be bound by these Terms, including any prices or fees published by the Service Provider.

We operate under and comply with:

• The applicable laws of England and Wales, including, where relevant:
  • The eCommerce Regulations 2002 (Statutory Instrument 2002 No. 2013),
  • The Consumer Rights Act 2015,
  • The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013,
  • Other relevant UK legislation and regulations.
• The oversight or guidance of relevant UK authorities such as Ofcom, where applicable.
• Data Protection Act 2018 and UK GDPR for personal data processing.
• Any personal data processing is carried out in accordance with our separate Privacy Policy, published on our website.

1. Definitions

1. 1.1 Service Provider
   The legal entity providing the Services under these Terms, identified above.
2. 1.2 Customer
   Any natural person (consumer or business) or legal entity that registers for or uses the Services on a prepaid basis.
3. 1.3 Services
   Hosting or related services provided by the Service Provider, including but not limited to Dedicated (bare-metal) Servers, Virtual/Cloud Servers, and technical support.
4. 1.4 Dedicated (Bare-Metal) Server
   A physical hosting environment dedicated exclusively to a single Customer. The server is located in a data centre contracted by the Service Provider. Ownership of the hardware is not transferred to the Customer.
5. 1.5 Virtual/Cloud Server
   A logically isolated hosting environment that shares underlying physical hardware with other tenants. Resources (CPU, RAM, storage, etc.) are allocated to the Customer within an infrastructure controlled by the Service Provider in a data centre.
6. 1.6 Online Portal
   A web-based interface through which the Customer can register, manage Services, review balances, and request technical support.
7. 1.7 Price List
   A document or section of the Service Provider’s website specifying prices, payment methods, currencies, and any promotional discounts/offers.
8. 1.8 Personal Account
   A prepaid balance account maintained by the Customer with the Service Provider. It is credited by the Customer’s payments and debited for the cost of the Services.
9. 1.9 Prepaid Basis
   A billing model in which the Customer must maintain a positive balance to continue using Services. If the balance is insufficient, the Service Provider may suspend or terminate the Services until the balance is replenished.

2. Conclusion of Agreement and Prepaid Model

1. 2.1 Formation of Contract
   A binding contractual relationship is established at the moment the Customer (a) successfully registers through the Online Portal (or another approved method), and (b) prepays for one or more Services.
2. 2.2 Prepaid Requirement
   All Services are provided strictly on a prepaid basis. The Customer must keep a positive balance in their Personal Account. If the balance is depleted, the Service Provider may suspend, restrict, or terminate the Services until the balance is restored.

3. Scope of Hosting Services

1. 3.1 Description
   We provide hosting resources—either Dedicated (bare-metal) servers or Virtual/Cloud server environments—located in data centres we contract with. Ownership of physical hardware remains with the Service Provider or the data centre operator; no physical equipment is transferred to the Customer.
2. 3.2 Plans and Configurations
   The Customer may select from listed hosting plans (specifying CPU, RAM, storage, bandwidth, etc.) or request custom configurations if available.
3. 3.3 Term
   Hosting Services are offered for a specified prepaid term (e.g., 1, 3, 6, or 12 months). At the end of the prepaid term, the Services expire automatically unless renewed by a new prepaid deposit.

Rights and Obligations of the Parties

1. 4.1 Service Provider’s Obligations
   • Provide the Services in accordance with these Terms, promptly addressing malfunctions preventing the Customer’s use of the Services.
   • Take reasonable technical and organisational measures to protect data transmitted by the Customer, only disclosing such information if mandated by law or required by relevant authorities.
2. 4.2 Service Provider’s Rights
   • Suspend or restrict the Customer’s access to the Services if there is a breach of these Terms or our Acceptable Use Policy (AUP), or evidence of unauthorised access.
   • Terminate the Services without refund if the Customer uses them for illegal activities, violates the AUP, attempts to resell the Services without permission, or otherwise seriously breaches these Terms.
   • Verify the accuracy of data provided by the Customer.
3. 4.3 Customer’s Obligations
   • Keep login credentials confidential, promptly notifying us if such data is lost or compromised.
   • Refrain from using false or unauthorised identification data.
   • Not resell or sublicense the Services without explicit permission.
   • Avoid actions that compromise security or continuity of the hosting environment.
   • Not store or distribute illegal content (e.g., child sexual abuse material, hate speech, phishing, unauthorised distribution of intellectual property).
   • Accept liability for damage resulting from misuse of the Services.

Acceptable Use and Prohibited Activities

1. 5.1 Acceptable Use
   The Customer must comply with our AUP. Illegal activities, malicious software distribution, spam, phishing, or DDoS attacks are strictly forbidden.
2. 5.2 Prohibited Content
   Storing or transmitting content illegal under UK law (or under laws of the relevant user’s jurisdiction, where applicable) is prohibited. We may immediately suspend or terminate the Services if such violations occur.
3. 5.3 Resource Usage
   Deliberate overloading or misuse of shared infrastructure to the detriment of other users is disallowed. We may implement technical controls (e.g., CPU or bandwidth limits) to ensure service stability.
4. 5.4 Outbound Email
   By default, the technical ability to send outbound email from rented servers is blocked. To enable email-sending functionality, the Customer must undergo an additional verification process (enhanced KYC), especially if the Customer is an individual. The Service Provider reserves the right to refuse unlocking outbound email if there are reasonable concerns about potential misuse of the service.

Service Availability and SLA

1. 6.1 Availability Objective
   We endeavour to maintain 24/7 operation of hosting resources, subject to planned maintenance and emergency interventions.
2. 6.2 Scheduled Maintenance
   We will announce any planned maintenance that may affect accessibility in advance via our website or portal.
3. 6.3 SLA Uptime
   We aim for an annual uptime target of 99.999%. Downtime is measured from the earliest moment of a confirmed outage (via our monitoring or a Customer support ticket).
4. 6.4 Credits for SLA Breach
   If annual uptime falls below 99.999%, you may request service credits (additional hosting days). Monetary refunds are not provided unless required by law.
5. 6.5 Exclusions
   Downtime caused by force majeure, misuse by the Customer, scheduled maintenance, or external network issues beyond our control does not count toward the SLA.

7. Technical Support

1. 7.1 Channels
   Support is provided through our Online Portal or official support email.
2. 7.2 Response Times
   We strive to respond to initial requests within 10 minutes. Actual resolution time varies depending on complexity.
3. 7.3 Scope
   Support covers issues directly related to hosting functionality. We are not responsible for debugging your custom applications unless otherwise agreed.

8. Payment and Tax

1. 8.1 Currency and Prices
   Prices are in GBP, unless specified otherwise. We may allow alternative currencies at our discretion.
2. 8.2 VAT and Taxes
   We apply UK VAT if required. If you are located outside the UK, local tax rules may apply; you remain responsible for compliance in your jurisdiction.
3. 8.3 Payment Methods
   We may offer bank transfers, credit cards, or other electronic gateways. Payment must be received before Services commence.
4. 8.4 No Postpaid Option
   All hosting Services are on a prepaid basis. If your balance is depleted, the Services will be suspended until topped up.
5. 8.5 Disclaimer – Not a Financial Institution
   For the avoidance of doubt, we are not a bank or financial institution, do not issue electronic money (e-money), and do not provide payment services within the meaning of applicable UK or international payment-services regulations.

9. Consumer Right of Withdrawal (14-day rule)

1. 9.1 Eligibility
   If you are a consumer under UK law and purchase our Services online or by distance means, you generally have the right to cancel within 14 days (“cooling-off period”), unless an exception applies (e.g., complete performance of the service with your prior consent before the end of the period).
2. 9.2 Exercise of Right
   To exercise cancellation, provide a clear notice (email or written) within 14 days of ordering. We may provide a standard form, but it is not mandatory.
3. 9.3 Effects of Withdrawal
   If you used part of the Services during the cancellation period, we may charge proportionally for the time used.
   If you received a special discount based on a longer term, the used portion may be recalculated at the standard rate.
4. 9.4 Refund Procedure
   We will issue any applicable refund within 14 days of receiving your cancellation request, typically via the same payment method used.

10. Liability and Force Majeure

1. 10.1 Limitation of Liability
   We are not liable for interruptions or losses caused by factors beyond our reasonable control (force majeure, external network failures, or data centre outages). Nothing in these Terms shall limit liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability that cannot be excluded under UK law.
2. 10.2 Data Centre Conditions
   We partner with reputable data centres but cannot be held responsible for incidents (fire, power failure, etc.) not directly under our control.
3. 10.3 Force Majeure
   Neither party is liable for delays/failures caused by events beyond reasonable control (natural disasters, war, government actions, epidemics, etc.).

11. Data Handling, Privacy and Backups

1. 11.1 Data Protection
   We process personal data under the Data Protection Act 2018 and UK GDPR. See our Privacy Policy for details.
2. 11.2 Customer Data
   Unless agreed otherwise (e.g., managed hosting with included backups), you are responsible for backing up data. We do not guarantee data recovery unless stated in a separate agreement.
3. 11.3 Data Deletion upon Termination
   When Services expire or are terminated, all related data is permanently deleted from our systems unless a legal obligation requires otherwise.

12. Inactivity and Termination

1. 12.1 Inactivity
   If your Personal Account has no active Services or transactions for 180 consecutive days, we may classify it as inactive and terminate access. Any remaining balance may be forfeited unless otherwise required by law.
2. 12.2 Termination by Customer
   You may discontinue Services by not renewing them at the end of the prepaid term, or by giving notice through our portal or support channel. Except for the statutory withdrawal rights in Section 9, prepaid amounts are non-refundable.
3. 12.3 Termination by Service Provider
   We may terminate or suspend Services immediately if you violate these Terms or if instructed by a competent UK authority. Where feasible, you will be given prior notice.
4. 12.4 Effect of Termination
   Upon termination, the Services cease, and your data is deleted as per Section 11.3.

13. Governing Law and Dispute Resolution

1. 13.1 Applicable Law
   These Terms are governed by and construed in accordance with the laws of England and Wales.
2. 13.2 Jurisdiction
   Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
3. 13.3 Alternative Dispute Resolution
   Consumers may have the right to refer disputes to an approved ADR entity in the UK. This does not limit your right to seek judicial remedy.

14. Changes to These Terms

1. 14.1 Right to Modify
   We reserve the right to update or modify these Terms at any time. Any revised version will be posted on our website. If a change significantly affects consumer rights, we will give reasonable notice (e.g., by email) and allow you to terminate the Services without penalty before the changes take effect. Continued use of our Services after such posting constitutes acceptance of the updated Terms.

15. Final Provisions

1. 15.1 Severability
   If any provision is held invalid by a court, the rest remain in effect.
2. 15.2 Governing Language
   These Terms are provided in English. If they appear in multiple languages, the English version prevails in case of conflict.
3. 15.3 Publication and Review
   These Terms, together with the Price List and Privacy Policy, are published on our website. It is your responsibility to review updates.
4. 15.4 Contact Information
   Service Provider: IN8INITY GLOBAL LIMITED (Reg. No. 15758139)
   Registered Address: Marlborough House, 298 Regents Park Road, London, England, N3 2SZ
   Email: in8o@in8inity.com

By registering an account or making a prepayment, you confirm you have read, understood, and agreed to these Terms.