Terms

LAST UPDATED: 31 MARCH 2024

This page tells you the terms and conditions on which we supply our services described on our website www.primitivehosting.uk to you (“Services”). Our primary services are website hosting service (“Hosting Service”) or a domain name registration and renewal service (“Domain Registration and Renewal Service”)

Please read these terms and conditions carefully before ordering any Services from our website. By ordering any of our Services, you will be bound by these terms and conditions. Refusal to accept these Terms and Conditions will result in no Services from our website being able to be ordered. Our Data Processing Agreement under the European General Data Protection Regulation (GDPR) forms part of these terms and conditions. We would recommend you read through the terms carefully, printing a copy of your records if required.

• 1. Information about us

  • 1.1. primitivehosting.uk is a web site operated by Primitive Industries Ltd, trading as Primitive Hosting" & Primitive Digital (“we”, “us” and “our”). We are registered in England and Wales under company number 11924033 and have our registered office at Unit 29 Highcroft Industrial Estate, Enterprise Road, Horndean, Hampshire, PO8 0BT.
  • Please note that by placing an order for the Services, you consent to us sending to you our regular newsletter by email. This forms our primary method of communicating with you and will inform you of any changes to our services, billing, planned maintenance and account access information.
  • 1.2 Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between us both

• 2. Your status

  • 2.1. By placing an order through our website, you warrant that:
  • 2.1.1. you are legally capable of entering into binding contracts
  • 2.1.2. you are at least 18 years old.
  • 2.2. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.

• 3. The order process

  • 3.1. You can only place an order with us for Services once you have successfully registered an account with us. Information that you provide while registering an account with us must be complete and accurate. By creating an account you agree that we may block access to the account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your user name and password private at all times and not allow anyone else to use it. You must contact us should you believe that your username or password has become known to someone else.
  • 3.2. Before you submit an order you will be shown a summary on screen including details of the Services you have wish to order and the price payable. There will be an option to amend/correct and errors before proceeding to completion of the order.
  • 3.3. Before being able to submit an order you will be required to register a credit or debit card. We also accept paperless direct debit, however you may need to use a credit or debit card on your first order.
  • 3.4. Once an order has been placed, we will provide you with confirmation of the Services you have ordered. This confirmation will be sent to the email address registered to your account. Copies of previous invoices will be stored on your account.

• 4. How the contract is formed between you and us

  • 4.1. After placing an order, you will receive an e-mail from us accepting your order and, if appropriate, letting you know that the Hosting Service you have purchased has been activated (“Acceptance Confirmation”). Your order constitutes an offer to us to buy our Services and all orders are subject to our acceptance.
  • 4.2. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.
  • 4.3. The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed.

• 5. Our status

  • 5.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.
  • 5.2. Any disclaimer does not affect your statutory rights against the third party seller.

• 6. Consumer rights

  • 6.1. If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Contract Regulations 2013 allow you to cancel the Contract at any time within 14 working days, beginning on the day after you received the Acceptance Confirmation.
  • 6.2. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Contract Regulations 2013
  • 6.3. This provision does not otherwise affect your statutory rights.

• 7. Our limited money back guarantee

  • 7.1. Once the Contact has been formed you may cancel the Contract in relation to the Hosting Service you have purchased.
  • 7.2. In such cases, you may cancel at any time within 30 days, beginning on the day after you received the Acceptance Confirmation. If you do so, you will receive a full refund of the price paid for the Hosting Service you have cancelled. We will refund the price you have paid to the credit card, debit card or other account you used to make that payment. No other refund will be made. Limited to one per customer.
  • 7.3. To cancel the Contract you must inform by raising a support ticket before the end of the 30 day period mentioned in clause G(b) above. As part of our cancellation process, we will respond to you to confirm your cancellation request. You must re-confirm your cancellation request by replying to this confirmation or we will continue to supply the Hosting Service and your cancellation will be ineffective. This is to ensure that we do not delete any data you need to retain.
  • 7.4. In summary, the Services which may not be cancelled under the limited money back guarantee include (but are not limited to):
    • 7.4.1. Domain Registration and Domain Registration Renewals.
    • 7.4.2. Private SSL certificates.
    • 7.4.3. Virtual Nameservers and other ‘add on’ products.
    • 7.4.4. Virtual Private Servers (VPS) and associated products.

• 8. Price and payment

  • 8.1. The price of any Services will be as quoted on our website (exclusive of VAT).
  • 8.2. The total cost of your order of the Services will be set out clearly before you submit your order for the Services.
  • 8.3. Prices are liable to change at any time. We will notify you of a change in our prices at least 14 days before the price increase comes into force. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to your account.
  • 8.4. Due to the number of Services offered for sale, it is possible that despite our efforts some Services may be incorrectly priced. We deal with these situations accordingly:
    • 8.4.1 Where a Service’s correct price is less than our stated price, we will charge the lower amount when accepting your order;
    • 8.4.2 If a Service’s correct price is higher than the price stated on our website, we will normally, contact you for instructions before accepting your order; and
    • 8.4.3 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation
  • 8.5. We reserve the right to seek to recover any outstanding amounts due by you by other means, including referring the debt to an external debt recovery agent if necessary. If this method is sought, you may become liable for additional fees and charges and you agree to pay such charges in addition to the outstanding amount owed to us.
  • 8.6. Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If your chosen method of payment is not authorised by your credit card provider or bank, you hereby authorise us to seek payment from any other credit card, debit card or direct debit registered against your account.
  • 8.7. If we fail to authorise payment your account may be suspended.

• 9. Quality

  • 9.1. We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.
  • 9.2. We will not be liable for a breach of the warranty provided above unless:
    • 9.2.1. you give written notice of the breach to us
    • 9.2.2. we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you
    • 9.2.3. the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any)
    • 9.2.4. you alter the Services without our written consent
    • 9.2.5. the problem arises because of misuse
  • 9.3. If we are in breach of the warranty in accordance with the clause above we will, use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price.
  • 9.4. By accepting these terms, you acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.

• 10. Access to the Hosting Service

  • 10.1. It is your responsibility to ensure that necessary arrangements for access to our Hosting Services are in place.
  • 10.2. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions (and in particular our acceptable use policy).

• 11. Hosting Service service levels

  • 11.1. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum.

• 12. IP addresses

  • 12.1. You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you throughout use of upon the expiry or termination of Services.
  • 12.2. Any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.
  • 12.3. If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.

• 13. Back-up of your material and our servers

  • 13.1. It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload onto our servers as part of your use of the Hosting Services. We provide free tools to make website and database backups in our control panels. In the event of loss of or damage to your material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.
  • 13.2. We will follow our archiving procedures for the data stored on our servers.
  • 13.3. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.

• 14. Hosting Service usage limitations

  • 14.1. The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package as this is set out on this website at the time of your order.
  • 14.2. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you may upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in our control panel.
  • 14.3. Unless the Hosting Service package you order includes a virtual private server, you will only be allowed to use a maximum of 10% of our server’s processing capacity when using the Hosting Service package you order.
  • 14.4. We may allow your usage to exceed this CPU limitation, and we will speak to you about your hosting requirements if your usage has a detrimental effect on our other customers. Please note that this right is at our absolute discretion,
  • 14.5. The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our website at the time of your order.
  • 14.6. Any mailboxes that have not been accessed for 100 clear days will be automatically deleted from our system.
  • 14.7. When using the Services, you must comply with our Terms of Website Use and our Acceptable Use Policy. Any conflict between our terms of website use and these terms and conditions, will be resolved in favour of these terms and conditions.
  • 14.8. A breach of either the Website Terms of Use or Acceptable Use policy will entitle us to terminate the provision of Services to you.

• 15. Support

  • 15.1. Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support to you, but, as part of our Hosting Services, our servers are compatible with many programming languages.
  • 15.2. We do not provide telephone technical support. Support is provided via online support ticket or online chat.

• 16. Domain names

  • 16.1. Where the Contract includes our Domain Registration and Renewal Service:
    • 16.1.1. we will endeavour to procure the registration of the domain name you request
    • 16.1.2. we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name.
    • 16.1.3. we shall not act as your agent or on your behalf in any dealings with domain name registry.
    • 16.1.4. the registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should consider.
    • 16.1.5. you are responsible for ensuring that you are aware of the terms so that you can comply with them.
    • 16.1.6. the domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “whois” database of the top level domain name registrar.
    • 16.1.7. we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement.
    • 16.1.8. you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered.
  • 16.2. You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.
  • 16.3. Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices 30 days and 7 days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account.
  • 16.4. You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service in accordance with these terms and conditions.
  • 16.5. The price for the renewal will be as set out in the renewals page of the customer administration area and will be charged against one of the payment methods then registered against your account.
  • 16.6. You acknowledge and agree that we may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you.

• 17. Intellectual property rights

  • 17.1. You, retain all intellectual property rights in your material, and you grant to us a worldwide, non-exclusive, royalty free licence to use, store and maintain your material on our servers and publish it on the Internet for the purpose of providing the Hosting Service to you.
  • 17.2. You warrant that your material does not infringe the intellectual property rights of any third party and you have the authority to grant the licence to us. We may make such copies as may be necessary to perform our obligations, including making back-up copies of your material.
  • 17.3. You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your material infringes, or allegedly infringes, the intellectual property rights of a third party.
  • 17.4. If you download software from our website, we grant you a non-exclusive, non-transferable royalty free licence to use that software for the purpose set out on our website in relation to that software. Such licence will automatically terminate when we terminate providing the Hosting Services to you.
  • 17.5. Any third party software that you download from our website shall be licensed to you on the standard software licence terms of the owner of the intellectual property rights in that third party software as those licence terms are notified to you at the time you download such software.
  • 17.6. We retain all intellectual property rights in the Hosting Services (other than in your material) and our software. You must not decompile, disassemble the Hosting Services or our software.
  • 17.7. We will defend you against any claim that the Hosting Services infringe any United Kingdom intellectual property rights of a third party, and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:
    • 17.7.1. you give prompt notice of any such claim.
    • 17.7.2. you make no admissions or settlements without our prior written consent.
    • 17.7.3. you provide reasonable co-operation to us in the defence and settlement of such claim, at your expense.
    • 17.7.4. we are given sole authority to defend or settle the claim.

• 18. Our liability

  • 18.1. We do not monitor and will not have any liability for your material or any other communication you transmit by virtue of the Hosting Services.
  • 18.2. Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider
  • 18.3. No guarantee or representation is given that the Hosting Services will be free from security incidents or unauthorised users.
  • 18.4. All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.
  • 18.5. We do not exclude or limit in any way our liability:
    • 18.5.1. for death or personal injury caused by our negligence;
    • 18.5.2. under section 2(3) of the Consumer Protection Act 1987
    • 18.5.3. for fraud or fraudulent misrepresentation
    • 18.5.4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

  • 18.6. We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:

    • 18.6.1. loss of income or revenue.
    • 18.6.2. loss of business.
    • 18.6.3. loss of profits or contracts.
    • 18.6.4. loss of anticipated savings.
    • 18.6.5. loss of goodwill.
    • 18.6.6. loss of software or data.
    • 18.6.7. wasted expenditure (such as pay per click advertising costs).
    • 18.6.8. wasted management or office time.
  • 18.7. Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 12 months preceding the event giving rise to the liability in question.
  • 18.8. You are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).
  • 18.9. Where you buy any product or service from a third party seller through following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.

• 19. Duration of the Services and cancellation

  • 19.1. The part of the Contract relating to our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. It will continue until:
  • 19.1.1. we have registered the domain name you have requested (the “Domain Name”) and you subsequently ask us not to renew the registration of your Domain Name
    • 19.1.2. we terminate the supply of our Domain Registration and Renewal Service by notice to you because:
    • 19.1.2.1. the Domain Name is no longer available for registration
    • 19.1.2.2. you are in breach of the terms and conditions herewith
    • 19.1.2.3. of some other reason preventing the registration of the Domain Name.
  • 19.2. If we terminate the Domain Registration and Renewal Service under the clauses of this agreement, we will refund the price you have paid for the Domain Registration and Renewal Service to the credit card, debit card or other account you used to make the payment.

  • 19.3. That part of the Contract relating to Services other than our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. Unless such Services are terminated as provided for in this clause they shall continue for the minimum period of time that applies to the Service you have purchased (“Minimum Term”). After expiry of the Minimum Term, they will continue on a month to month basis until terminated:

    • 19.3.1. by you, as a Consumer, informing us of your decision to cancel the Contract by a clear statement. This should be via online support ticket or support live chat;
    • 19.3.2. by you, as a Business customer, informing us of your decision to cancel the Contract. This should be via online support ticket or support live chat
    • 19.3.3. by us giving to you at least 30 days advanced notice in writing sent to the then current email address registered against your account
    • 19.3.4. by exercising your right as a Consumer, to cancel the Contract(s) within the “cooling off period” i.e. within 14 days of purchase.
    • 19.3.5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We request that you do this at least two working days before the cancellation date. Please note that the Cooling Off period only applies to Consumers, not Business Customers.
  • 19.4. As part of our cancellation process, you must re-confirm your cancellation request via our support ticket system or support live chat system or we will continue to supply the relevant Services and your cancellation will be ineffective. You cannot cancel any of your Services by letter, email or telephone.
  • 19.5. The monthly price for Services we supply under Contracts that continue on a month to month basis shall be charged monthly in advance directly to a credit card, debit card, paperless direct debit or other payment method registered against your account. Such payment will be taken on the same date of the month (or if no such date occurs then on the last day of the month) as on which the Services had originally commenced (“Payment Date”) unless or until you cancel the Services in accordance with these terms and conditions.
  • 19.6. We will not provide you with a refund for a cancellation that is part-way through a billing period.
  • 19.7. Without prejudice to any other right to terminate or suspend the Services we may have under these terms and conditions, our Terms of Website Use or our Acceptable Use Policy we may terminate the Contract at any time by giving you 30 days’ advance notice by emailing you at the email address registered against your account.
  • 19.8. If we cancel the Services, we will refund to you the price you have paid for the Services on a pro-rata basis for the unexpired Minimum Term
  • 19.9. Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation of these terms and conditions we may terminate the Contract by 7 days’ notice to you.
  • 19.10. Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising in any way under that Contract as at the date of expiry or termination.

• 20. Deletion of your data

  • 20.1. If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system.
  • 20.2. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.

• 21. Additional terms

  • 21.1. Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.

• 22. Written communications

  • 22.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.
  • 22.2. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

• 23. Notices

  • 23.1. All notices given by you to us must be given though our online system.
  • 23.2. We may give notice to you at either the then current e-mail or postal address registered against your account with us.

• 24. Third party rights and transfer of rights and obligations

  • 24.1. Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
  • 24.2. The Contract is binding on you and us and on our respective successors and assigns.
  • 24.3. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
  • 24.4. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

• 25. Events outside our control

  • 25.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
  • 25.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
    • 25.2.1. misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
    • 25.2.2. strikes, lock-outs or other industrial action;
    • 25.2.3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
    • 25.2.4. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
    • 25.2.5. impossibility of the use of public or private telecommunications networks; and
    • 25.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
    • 25.3. Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

• 26. Waiver

  • 26.1. If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
  • 26.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
  • 26.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

• 27. Severability

  • 27.1. If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

• 28. Entire agreement

  • 28.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
  • 28.2. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
  • 28.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

• 29. Changes to our terms and conditions

  • 29.1. We have the right to revise and amend these terms and conditions from time to time.
  • 29.2. You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
  • 29.3. No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.

LAST UPDATED: 22 JANUARY 2024

This policy (together with any ancillary documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed.

Please read the following carefully to understand how we will treat and regard your personal data.

About us

Primitive Industries Ltd is a registered company in England & Wales (Company number 11924033). Our registered address is Primitive Industries Ltd, Unit 29 Highcroft Industrial Estate, Enterprise Road, Horndean, Hampshire, PO8 0BT

Primitive Hosting may be both a data controller and data processor of personal data. We have a designated Data Protection Officer who can be contacted at our registered address.

What information we collect

Any personal information that you provide by filling in forms on our website. This includes information provided at the time of registering an account, purchasing services from us or requesting further services. We may also ask you for information when you report a problem with our site or the services you have purchased.

If you contact us by letter or email, records of the correspondence may be kept.

Telephone conversations may be recorded for training purposes.

Details of transactions you carry out through our site and of the fulfilment and administration of your orders.

We also record technical data such as your operating system, browser type, referring / exit pages and URLs, number of clicks, domain names and pages viewed in our server logs. This information is used for marketing and security purposes.

In the circumstances where we are acting as a data processor, we shall only act on the instructions of our customer as the data controller. If you provide us with personal data about a third party (for example when registering a domain on their behalf), you warrant that you have obtained the express consent from the third party for the disclosure and use of their personal data.

How we use personal data

1. To register a customer account.
2. To process orders that you have placed with us.
3. To handle customer service and careers enquiries.
4. To ensure that content from our site is presented in the most effective manner for you and for your computer.
5. To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
6. To carry out our obligations arising from any contracts entered-into between you and us.
7. To allow you to participate in interactive features of our service, when you choose to do so.
8. To notify you about changes to our service.
9. To carry out marketing and statistical analysis

For the avoidance of doubt, Primitive Hosting will never sell your personal data to third parties.

Automatic decision making

We may use the information provided by you to perform automatic decisions about the acceptance of orders you place. This helps us combat fraud and abuse and this information never leaves our network.

Where we store your personal data

The personal data that we collect from you will be stored on our servers inside the European Economic Area (“EEA”). Occasionally, we may have to transfer personal data outside of the EEA. For example, domain registration data needs to be sent to our domain registrar outside of the EEA. By submitting your personal data, you agree to this transfer, storing or processing of data outside the EEA. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with the GDPR and our data protection policies.

Data retention

We only retain your personal data for as long as we need it to fulfil the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:

• Invoice data is kept for a minimum of 6 years as required under UK Law
• Log files are rotated every 12 weeks. However, anonymised data may be kept for longer.

Primitive Hosting infrastructure backups are kept for 12 months. Web Hosting data is kept for 30 days.

In the rare event backups containing personal information are restored post-deletion, Primitive Hosting will make every reasonable effort to ensure data that has been forgotten is not inadvertently restored and ensure all traces of data are removed within a maximum period of 180 days unless additional retention obligations apply.

Your rights

Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data: -

• The right to request a copy of your personal data which we hold about you.
• The right to request that we correct any personal data if it is found to be inaccurate or out of date. You can view, edit and remove your personal data through the Primitive Hosting control panel.
• The right to object to our use of your personal data and request your personal data is erased where it is no longer necessary for us to retain such data. This is known as your right to be forgotten. Please note that there may be legal reasons as to why we will need to keep your data, but please do inform us if you think we are retaining or using your personal data incorrectly.
• You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by following the Unsubscribe link at the bottom of any emails we send, contacting Customer Services or writing to us at Primitive Industries Ltd, Unit 29 Highcroft Industrial Estate, Enterprise Road, Horndean, Hampshire, PO8 0BT
• The right to lodge a complaint with the Information Commissioners Office. Please see https://ico.org.uk/make-a-complaint/ for further information.

Who we share your information with

By entering into this agreement, you agree to the processing of data by the third parties listed below. When we introduce any new, or change any existing third-party agreements, we will ensure this policy is updated at least 30 days before the new third party processes any data.
 

Company	Service
Worldpay	Credit/Debit Card Payments
MasterCard Payment Gateway Services	Direct Debit Payments
Nominet	Domain Names
Tucows (OpenSRS)	Domain Names
GeoTrust (Symantec)	SSL/TLS Certificates
Slack	Internal communication of support issues/service incidents.
Google: including Adwords, Google Analytics, Youtube, Drive, Data Studio, Google My Business.	Site analytics, targeting and exclusion from PPC advertising, purchasing data. Reporting on anonymised data.
Facebook & Instagram	Targeting and exclusion from PPC advertising, purchasing data.
Twitter	Targeting and exclusion from PPC advertising
Microsoft: Bing and Office 365	Site analytics, targeting and exclusion from PPC advertising, purchasing data.
Mailchimp	Sending email and email analytics.
Hotjar	Testing of site optimisations (All personal data is anonymised).
OptinMonster	Newsletter signup forms and other modals.

Data breaches

In the event of a data breach, the affected individuals will be contacted within the timescales specified in the GDPR, it will be reported to the Information Commissioner, and a full report - highlighting any risks - will be provided.

How we use cookies

We may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

• To estimate our audience size and usage pattern;
• To store information about your preferences, and so allow us to customise our site according to your individual interests;
• To speed up your searches;
• To recognise you when you return to our site.
• Remarketing - For example, once you have visited our website you may see Primitive Hosting adverts to remind you of our products. We also use cookies to exclude existing customers from seeing our adverts.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Third party links

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Changes to this policy

We keep our privacy policy under regular review and we will place any updates on this web page. This privacy policy was last updated on 10^th May 2018.

How to contact us

Please contact us if you have any questions about our privacy policy or information we hold about you: www.primitivehosting.uk/contact - You can also write to our registered address: Primitive Industries Ltd, Unit 29 Highcroft Industrial Estate, Enterprise Road, Horndean, Hampshire, PO8 0BT

This Data Processing Agreement (“DPA”) is an addendum to the Terms & Conditions between Primitive Industries Ltd (“Primitive Hosting”) and you (“Customer”).  The DPA will be effective and replace any previously applicable data processing and security terms as from 25^th May 2018 and will continue for as long as Primitive Hosting provides the services as set out in Primitive Industries Ltd Terms & Conditions.

Definitions

“Customer Data” means data provided by or on behalf of Customer or Customer End Users via the Services under the account.

“Data Controller” means the entity that determines the purposes and means of the processing of Personal Data.

“Data Processor” means the entity that processes Personal Data on behalf of the Data Controller.

“Data Protection Laws” means all data protection and privacy laws and regulations applicable to the processing of Personal Data under the Agreement, including the GDPR.

“Data Subject” means the individual to whom the Personal Data relates.

“EEA” means the European Economic Area.

“GDPR” means EU General Data Protection Regulation 2016/679.

“Personal Data” means any Customer Data relating to an identified or identifiable natural person to the extent that such information is protected as personal data under GDPR.

“Processing” has the meaning given to it in the GDPR and “process”, “processes” and “processed” shall be interpreted accordingly.

“Sub-Processor” means any third party authorised under this DPA to have logical access to and process Customer Data to provide parts of the Services.

“Services” means any product or service provided to Customer and as described in Primitive Industries Ltd Terms & Conditions.

Data Processing

Primitive Hosting will only act and process Customer Data in accordance with the documented instruction from Customer (the “Instruction”), unless required by law to act without such Instruction. The Instruction at the time of entering into this DPA is that Primitive Hosting may only process Customer Data with the purpose of delivering Services as described in its Terms & Conditions and any product-specific agreements. Subject to the terms of this DPA and with agreement of the parties, Customer may issue additional written instructions consistent with the terms of this Agreement. Customer is responsible for ensuring that all individuals who provide instructions are authorised to do so.

Primitive Hosting will inform Customer of any instruction that it deems to be in violation of GDPR and will not execute the instructions until they have been confirmed or modified.

When Customer Data is processed by Primitive Hosting both parties acknowledge and agree that:

- Primitive Hosting is a Data Processor of Customer Data under the GDPR
- Customer is a Data Controller of Customer Data under GDPR.

Confidentiality

Primitive Hosting shall treat all Customer Data as strictly confidential information. Customer Data may not be copied, transferred or otherwise processed in conflict with the Instruction from Customer unless required by law.

Primitive Hosting employees shall be subject to an obligation of confidentiality that ensures that the employees shall treat all Customer Data under this DPA with strict confidentiality and only process Customer Data in accordance with the Instruction.

Sub-Processing

Customer authorises Primitive Hosting to engage third-parties to process Customer Data (“Sub-Processors”) without obtaining any further written, specific authorisation. Primitive Hosting will restrict Sub-Processor access to Customer Data to what is necessary to provide the Services.  

Primitive Hosting shall complete a written agreement with any Sub-Processors. Such an agreement shall at minimum provide the same data protection obligations as the ones applicable under this DPA. It remains accountable for any Sub-Processor in the same way as for its own actions and omissions.

Primitive Hosting will inform Customer of any new Sub-Processor engagements at least 30 days before the new Sub-Processor processes any Customer Data. Notifications of such engagements will be delivered to the account email address and/or through the control panel interface. It is Customer’s sole responsibility to ensure account information is correct and kept up to date.

Customer has the right to object to a use of a Sub-Processor by terminating this Addendum and Services in accordance with Primitive Hosting Terms and Conditions. A list of current Sub-Processors can be found in Annex 1.

Security

Primitive Hosting will implement and maintain technical and organizational measures to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access as set out Annex 2 of this Addendum and in accordance with GDPR, article 32. The security measures are subject to technical progress and development and Customer acknowledges that Primitive Hosting may update or modify the security measures from time-to-time provided that such updates and modifications do not result in the degradation of the overall security. In addition, Primitive Hosting will make controls available to Customer to further secure Customer Data inside the control panel.

Data Breach Notifications

If Primitive Hosting becomes aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Customer Data on systems managed by or otherwise controlled by Primitive Hosting, Primitive Hosting agrees to notify Customer without hesitation or delay. Notifications of such incidents will be sent to the account email address as set by Customer. It is Customer’s sole responsibility to ensure this information is correct and kept up to date inside the control panel.

Primitive Hosting will make reasonable efforts to identify the cause of any breach and take necessary steps to prevent such a breach from reoccurring.

Customer agrees that Data Breach Notifications will not include unsuccessful attempts or activities that do not compromise the security of Customer Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.

Data Subject Rights

If Primitive Hosting directly receives a request from a Data Subject to exercise such rights in relation to Customer Data, it will forward the request to Customer. Customer must respond to any such request within the timeframes specified within GDPR.

Primitive Hosting will assist Customer in fulfilling any obligation to respond to requests by data subjects, which may include providing controls via the control panel to help comply with the commitments set out under GDPR.

Data Transfers

Primitive Hosting stores and processes data in secure datacentres located inside the European Economic Area (“EEA”). Data may be transferred and processed outside the EEA to countries where Sub-Processors maintain their own data processing operations. Customer hereby agrees to the transfer, storing or processing of data outside the EEA. Primitive Hosting will take all steps reasonably necessary to ensure that Customer Data is treated securely and in accordance with the relevant Data Protection Laws.

Compliance and Audit Rights

Primitive Hosting agrees to maintain records of its security standards and, upon written request by Customer, Primitive Hosting shall make available all relevant information necessary to demonstrate compliance with this DPA. Customer agrees any audit or inspection shall be carried out with reasonable prior written notice of no less than 30 days and shall not be conducted more than once in any 12-month period. If Primitive Hosting declines the request, Customer is entitled to terminate this addendum and Services.

Return or Deletion of Data

Primitive Hosting only retains Customer Data for as long as required to fulfil the purposes for which it was initially collected. Termination of this Addendum or Services in line with Primitive Hosting Terms & Conditions will result in all Customer Data being deleted, unless otherwise required by law. For Customer Data archived on back-up systems, Primitive Hosting shall securely isolate and protect from any further processing.

Limitation of Liability

The total liability of each part under this addendum shall be subject to the limitation of liability as set out in Primitive Hosting Terms & Conditions. For the avoidance of doubt, in no instance will Primitive Hosting be liable for any losses or damages suffered by Customer where Customer is using Services in violation of its Terms & Conditions, regardless of whether it terminates or suspend an account due to such violation.

Annex 1 – Sub-Processors

Company	Service
Worldpay	Credit/Debit Card Payments
MasterCard Payment Gateway Services	Direct Debit Payments
Nominet	Domain Names
Tucows (OpenSRS)	Domain Names
GeoTrust (Symantec)	SSL/TLS Certificates
Google Analytics	Control panel analytics. Reporting on anonymised data.
Xero	Financial accounting

Annex 2 – Security Measures

Available upon request.