Terms & Conditions
Who is Fat-Hosting?
Fat-Hosting (‘Fat-Hosting’) is is run by the Fat-Man Collective, registered in England and Wales.
(Company No. 05894473 and VAT No: 885418779). Our registered office is at 9 Ashness Road, London, SW11 6RY, UK.
What is the effect of these terms and conditions?
These terms and conditions and any applicable Fat-Hosting Charges (altogether the ‘Terms’) set out the
legal relationship between you and Fat-Hosting.
These Terms set out the basis on which Fat-Hosting will provide services to you. ‘Services’ will
include (as applicable) Fat-Hosting’s web hosting services (Small, Medium, Large, X.Large), email account and web hosting services, maintenance and support services, and such other services as are agreed in your order or as Fat-Hosting may agree to provide you from time to time.
You agree, either by ticking the box next to ‘I accept the Terms and Conditions’ on our website or
by signing an order (when it is not possible for you to place an order online), to be bound by these
Terms.
While these Terms set out the express terms on which we agree to provide the Services and
nothing in these Terms will affect your statutory rights.
How do you order Fat Hosting’s services?
Easily. All of Fat-Hosting’s Services are available by ordering online and you place an order with Fat-Hosting by
following the online order process or by filling in and submitting a written order form (when it is not
possible for you to place an order online). Fat-Hosting's Services can only be supplied to an address that
matches the billing address for your chosen payment method.
When ordering Fat Hosting’s Services, you must provide a valid email address and you are responsible for
maintaining and regularly checking this email address. Fat Hosting will use this email address to contact you for all
purposes under these Terms.
Once you have placed your order, we’ll send you an email confirming that it has been received.
Do bear in mind that by placing your order you are making an offer to enter into a contract with Fat Hosting
for the purchase of the relevant Service from Fat Hosting under these Terms, the terms of your order, and
any other terms specified by us. Fat Hosting will acknowledge receipt of your order and contact you if we
are able to accept your offer. Upon acceptance you enter into a contract with Fat Hosting for the purchase
of the particular Service.
You agree that if you order Services from Fat Hosting online or otherwise at a distance then Fat Hosting will
immediately start work on the technical and operational elements required for provision of the
Services upon the issuance of Fat Hosting’s order acceptance, which shall be prior to the end of any
statutory cancellation period, and you acknowledge and agree that you will thereafter not have
the right to cancel any Services under the Consumer Protection (Distance Selling) Regulations
2000 or otherwise. At the time of acceptance we will provide you with further details of when we
expect to be able to connect you to the Fat Hosting network.
Also, please be advised that by placing an order online, you agree that Fat Hosting, or third parties acting
on our behalf, may carry out credit checks on you using the information that you provide.
How do you get an account?
Usually, with the minimum of fuss. If after receiving or accepting your order Fat-Hosting cannot provide you with the Service, Fat-Hosting will notify
you. Your contract will terminate and any Charges you have paid will be refunded to you.
Please also be advised that Fat Hosting has the right to terminate your contract without liability after
receipt of your order or after confirmation of acceptance has been sent but before you have been
connected. If Fat Hosting ends your contract
before your account is set up, any Charges you
have paid will be refunded to you.
In the unlikely event that we send you an email confirming an account set up date, but do not actually
connect your Service for more than two (2) days after this confirmed connection date (other
than as a result of your own act or omission), you are entitled to end your contract with Fat-Hosting by
sending a cancellation notice in writing. If you do so, any Charges you have paid will be refunded
to you.
If you wish to cancel for any other reason:
If you want to end your contract before your server is set up you may do so.
The minimum term of Service is 12 months from your Service commencement date. After the first eleven (11) months from your
Service commencement date, you can terminate your Fat Hosting contract at any time without paying any
cancellation fees, providing you give us 15 days termination notice in writing (by email or letter). Service will be terminated one (1) week after
receipt of your cancellation notice in writing
(by email or letter).
Fat Hosting may terminate your contract or suspend Services if:
you don't pay us, by the due date, any money you owe us; or
you misuse our Service. Either you or Fat Hosting may terminate your contract by giving fifteen (15) days' written notice to the other
if:
an event, outside its reasonable control, prevents continued provision of the Services for
more than fifteen (15) days
the other is unable to pay its debts (within the meaning of section 123 of the Insolvency
Act 1986); or becomes insolvent or bankrupt; or is subject to an order or a resolution for its
liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a
solvent amalgamation or reconstruction); or makes an application to a court of competent
jurisdiction for protection from its creditors generally; or has an administrative or other receiver,
manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial
part of its assets; or enters into or proposes any composition or arrangement with its creditors
generally; or is subject to any analogous event or proceeding in any applicable jurisdictio.n
If Fat Hosting is entitled to suspend your Service then all Charges for your Service will remain payable by
you notwithstanding such suspension. If Fat Hosting is entitled to terminate your Service, then Fat Hosting will be
entitled to charge you for the Charges which would have been payable to Fat Hosting as if you had
provided us with a termination notice on the date of such termination.
What are Fat Hosting’s payment terms and charges?
Fairly straightforward. You have a responsibility to pay the fees that apply to the Services you’re
receiving from Fat Hosting (the ‘Charges’). These Charges are payable from the day that we send you the letter of agreement.
Recurring Charges will be collected in advance.
Our Charges include the following fees:
Fat Hosting - Recurring Charge, paid yearly in advance, for the provision of your
12 month web hosting Services. The first payment will be pro-rated from the time of connection to
the end of the billing year.
You will be sent a notification email if you exceed the monthly tranfer limit
(according to your account settings) and automatically be allocated and charged for your actual usage in incremental
bundles of five (5) gigs at the then current rate for each extra bundle (at the end of the month this is occuring)
There is no transfer fee to move from/ to any hosting packages Fat Hosting offers.
Fat Hosting does not charge you for any Services provided by our member support team.
Fat Hosting accepts payment by a Fat Hosting approved debit or credit card which you must register with Fat Hosting during
the online order process. If your card details change you must notify Fat Hosting immediately to ensure
continuity of your Services. It is possible to change the debit or credit card details you have
provided to Paypal.
Please also be advised that Fat Hosting reserves the right to change prices at any time, by giving you
notice in writing which will include sending an email to the email address you provide to Fat Hosting during
the order process or which you subsequently update in the member centre.
All invoices will be issued and held on the Fat Hosting website. Fat Hosting will email you to notify you
when a new invoice has been issued and you are responsible for viewing and taking copies of
these invoices.
You must pay Fat Hosting all sums due to Fat Hosting in full and you cannot deduct or withhold any part of the
sums you owe us, except as permitted by law.
Interest may be charged by Fat Hosting if you do not pay us in full by the due date. Fat Hosting may charge you
interest on any overdue payments from the date you should have paid until Fat Hosting receives full
payment of the amount you owe including full interest (whether before or after judgment) at the
rate of 2.5 percent per annum above the base rate of HSBC plc from time to time.
Please be advised that in the event of Fat Hosting not receiving full payment for Services provided, Fat Hosting
have the right to suspend or terminate your Services and take any steps necessary to recover the
amount due (including any costs incurred collecting the funds owed).
All prices shown on our home product pages are inclusive of VAT but our invoices show VAT
payable as a separate item on each invoice. In any event you are liable to pay VAT on all
Services provided.
What happens if there are Service interruptions?
Fat Hosting will take reasonable measures to rectify any interruptions in the Services that we provide.
However, Fat Hosting cannot be held responsible for disruptions caused as a result of war, strikes, natural
disasters or other ‘acts of God’ and shall not be liable for any delay or failure in the performance
of its obligations to the extent that such delay or failure is attributable to matters beyond its
reasonable control.
Fat Hosting may need to make changes to its network or the technical specification of a Service or may
need to suspend provision of the Services for operational or technical reasons. Fat Hosting will use all
reasonable endeavours to notify you in advance of such changes or suspension if it materially
affects your Services. Obviously we’ll do everything which is reasonably in our power to minimise
the effect of these disruptions on you.
As you know, it is technically impossible for Fat Hosting to provide a fault-free Service at all times. But,
we're committed to providing you with a Service that has as few disruptions as possible. In the
unlikely event that you experience a total loss of Service caused by us for more than five (5)
consecutive days, you'll be compensated for each day’s disruption (including the first five (5)
days). In order to receive this credit, you will need to notify us as soon as the
Service failure occurs and request the appropriate credit by contacting member services when
your Service is restored.
If Fat Hosting reasonably believes that you are using the Services in breach of your obligations, we may without liability or further notice suspend Services or in certain circumstances
terminate your contract (see above).
What are your obligations?
You agree that you will comply fully with your obligations under these Terms, and ensure that any others using Fat Hosting’s Services via your account
comply to
keep your security information safe and tell Fat Hosting immediately if you become aware of any
improper disclosure of your security information or unauthorised use of the Services through
your account
provide accurate information to Fat Hosting (especially during the ordering process) and ensure
that this information is always kept up to date and accurate
only you control the content you upload or download using the Fat Hosting network. We have no
responsibility for any such content
comply with these Terms (and if you opt to use our optional email and webhosting
services, with the additional terms and conditions which apply and any reasonable instructions Fat Hosting gives you
indemnify Fat Hosting against all losses, liabilities, costs (including legal costs) and expenses
which Fat Hosting may incur as a result of any third party claims against Fat Hosting arising from, or in connection
with your use or misuse of the Services or breach of these Terms.
What are the limitations of Fat Hosting’s responsibility?
Nothing in these Terms shall restrict or exclude either party’s liability for fraud or for death or
personal injury caused by it or its employees’ or agents’ negligence.
Except as expressly set out in these Terms, Fat Hosting are not liable to pay damages for use of the
Services or any losses caused by delays or interruptions. Fat Hosting are not liable to pay damages if
anyone else, other than a paying member, gains access to that member’s connection to the Fat Hosting
Service, that member’s computer and other related equipment or gains access to, destroys or
distorts any data or information held by Fat Hosting.
Fat Hosting is not responsible for any goods or services supplied in a separate agreement with another
supplier, even if access to these goods or services is through Fat Hosting’s network.
Except as set out in this section and the section called ‘What are your obligations?’ and except for
the requirements for you to pay all Charges owing to us under this contract, neither party’s
aggregate liability to the other party with respect to this contract for any claims arising in any
calendar year (whether in contract, tort, arising as a result of negligence or breach of statutory
duty or otherwise) shall exceed 100% of the Charges due in that calendar year.
Neither of us will be liable to the other for any economic loss including, without limitation, any loss
of profits, anticipated savings, business, contracts, revenue, time or goodwill or loss of data
whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise
or the cost of procuring substitute goods or services provided that doesn’t include:
Charges payable claims for any damage to your tangible property, caused by the negligence or otherwise
by any act or omission of ours, our employees, agents or subcontractors, whilst on your
premises
You shall at all times be under a duty to mitigate any losses suffered by you.
Each provision of this section is to be construed as a separate provision applying and surviving
even if one or more of the other provisions of this clause is held inapplicable or unreasonable.
Is there anything else?
Should you wish to complain about anything, please don't hesitate to drop us a line on no@fat-hoting.com.
Fat-Hosting may assign your contract or any Service Fat-Hosting provides to you to a third party, provided Fat-Hosting gives
you notice and obtains your consent (not to be unreasonably withheld, conditioned or delayed) if
the assignment may have a negative effect on the Services Fat-Hosting provides to you. You may not
assign this contract or the benefit of any Service Fat-Hosting provides to you.
Any failure or delay by Fat-Hosting in exercising or enforcing any rights or benefits granted by these Terms
won’t be deemed to be a waiver of any such right or benefit nor will it prevent Fat-Hosting from exercising
or enforcing any such right or benefit or any other right or benefit on any other occasion.
If a court arbitrator or any government agency stipulates that any part of these Terms is
unenforceable, the remaining Terms will still be valid and enforceable.
These Terms do not create any rights for, or enforceable by any third party under the Contracts
(Rights of Third Parties) Act 1999.
The Terms shall be governed and construed in accordance with English law and you and Fat-Hosting submit to the non-
exclusive jurisdiction of the English courts.
The Terms set out the entire agreement between you and Fat-Hosting relating to the provision of the
Services to you including all intended rights and obligations and supersede any and all previous
agreements and understandings between you and Fat-Hosting with respect to such provision.
How will we contact each other?
You may contact Fat-Hosting by sending a message through the contact us part of the website, by
sending an email, by calling our service number and any important
communications (including any notices or other communications required under these Terms)
should additionally be sent by post to the address shown on the contact us page.
Fat-Hosting will contact you at the last email address that you provide. For any technical problems you might face please contact technical support through our Support Ticket System.
Will any of this change?
Over time, this is possible. Fat Hosting may change these Terms from time to time by notifying you of the
revised Terms and should any of these Terms change, we will inform you of these changes by
email.
Last updated on 23.10.08