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Barruko Limited – Web Hosting Terms and Conditions
Last Updated: 28 August 2025
1. Information About Us
Barruko Limited (“Barruko”, “we”, “us” or “our”) operates the website barruko.co.uk. Barruko Limited is a company registered in England and Wales (Company No. 14721290) with its registered office at Suite One, Ena Works, 3 Volunteer Street, St. Helens, England, WA10 2AY. You can find our contact details on the Contact Us page of our site. By using our site or purchasing our services, you agree to these Terms and Conditions (“Terms”). If you do not accept these Terms, you should not order or use our services.
2. Use of Our Website and Services
- Website Usage: Your use of our website is subject to these Terms and our Privacy Policy (and any applicable Website Use or Acceptable Use policies we may publish). You agree to use our site and services only for lawful purposes. You must not misuse the site by knowingly introducing viruses or other harmful material, attempt to gain unauthorized access, or otherwise interfere with the website’s proper working. We reserve the right to suspend or terminate your access to the site for any misuse.
- Acceptable Content: If you use our hosting services, you must ensure that your content and activities on our servers are lawful and do not violate any applicable regulations. You must not host or transmit any material that is illegal, obscene, defamatory, offensive, incites violence or hatred, or infringes on others’ intellectual property rights. You are also prohibited from using our services to send spam or bulk unsolicited communications. Violation of these provisions may result in suspension or termination of your services without notice.
- Compliance: You agree to comply with all applicable laws and regulations in connection with your use of our services. Certain services (such as domain registrations) may have additional terms from third-party providers or registries – by using those services you agree to abide by such third-party terms as well.
3. Personal Data and Privacy
Your privacy is important to us. Any personal information that we collect from you will be used and protected according to our Privacy Policy and in compliance with applicable data protection laws, including the UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018. Please review our Privacy Policy for details on how we collect, use, store, and disclose your personal data. By using our services, you consent to such processing of your personal data. We will not share your personal information with third parties except as necessary to provide our services or as required by law. If a separate Data Processing Addendum or agreement is required for GDPR compliance (for example, if you are a business customer processing personal data through our services), we will provide such an agreement upon request.
4. The Contract With You
These Terms (together with any other documents explicitly referenced herein, such as our Privacy Policy, Acceptable Use Policy, or Refund Policy) form the entire agreement (“Contract”) between you (the Customer) and Barruko for the services we provide. This Contract supersedes any prior understandings or agreements (whether oral or written) relating to its subject matter. You acknowledge that you have not relied on any statement, promise, or representation that is not set out in this Contract. However, nothing in these Terms shall limit or exclude any liability for fraud or fraudulent misrepresentation.
If you are a consumer, nothing in this Contract affects your statutory rights. If any provision of these Terms is found to be unenforceable by a court, the rest of the Terms will continue to apply.
5. How the Contract Is Formed (Orders and Acceptance)
- Order Process: To order any of our hosting or domain services, you must submit an order through our website or client portal. Our order system will guide you to provide necessary information and allow you to review your selections and correct any errors before finalizing your order. Please check your order carefully at each step.
- Acknowledgment: After you place an order, we will send an email acknowledging that we have received your order request. This email is not an acceptance of your order; it is for acknowledgment purposes only.
- Acceptance & Confirmation: We will accept your order and form a binding Contract in one of the following ways:
- For hosting services (e.g., shared hosting, VPS, dedicated servers), we will send you an order confirmation email once your order is set up and activated (“Order Confirmation”).
- For domain registration services, we will issue an invoice and/or a confirmation email indicating that the domain registration or transfer has been processed.
The Contract between us is effective from the time we send the Order Confirmation or invoice for the service, whichever applies.
- For hosting services (e.g., shared hosting, VPS, dedicated servers), we will send you an order confirmation email once your order is set up and activated (“Order Confirmation”).
- Service Term and Renewal: The initial term of your hosting Contract will be as stated in your Order Confirmation or invoice (e.g., month-to-month or annual). Contracts renew automatically for successive terms equal to the initial term (for example, a one-year plan will renew for another year) unless canceled by either party in accordance with these Terms (see Section 11 on Termination) or modified by agreement. Recurring services (including domain name renewals) will be billed and renewed as per the billing cycle shown in your client account or invoice. You will receive notices for upcoming renewals. It is your responsibility to review these notices and ensure payment details are up to date (especially for domain renewals, as detailed in Section 8).
- Inability to Supply Service: If we cannot provide a service you ordered (for example, due to a pricing error on our site or lack of availability), we will inform you by email and will not process that part of the order. If you have already paid for a service we cannot supply, we will refund you for that service as soon as possible.
6. Changes to These Terms
We may revise or update these Terms from time to time for various reasons, including to comply with new legal requirements or to reflect changes in our services or how we accept payment. The most current version of our Terms will be posted on our website with the “Last Updated” date at the top. Whenever a Contract is renewed or a new order is placed, the Terms in effect at that time will apply to that Contract. We may notify customers of significant changes to the Terms via email or via notices in the client portal, but it is your responsibility to review the Terms periodically. If you do not agree to the amended Terms, you should stop using our services and may cancel the Contract as described in Section 11. Your continued use of the services after the effective date of updated Terms will constitute your acceptance of the changes.
7. Providing the Services
- Service Provision: We will supply the hosting and related services you have ordered from the start date specified in your Order Confirmation. For domain registrations, we will attempt the registration upon receiving your order (see Section 8 for details on domains). We will provide services until the end of the term stated in your Order Confirmation or invoice, and will continue to renew and provide the services thereafter unless the Contract is terminated as per these Terms. If no fixed end-date is specified (as in open-ended contracts), we will provide the services until either you or we terminate the Contract.
- Delivery & Activation: We strive to activate hosting services promptly after order acceptance. If your service includes any setup or migration (for example, transferring your website from another host to us), we will coordinate with you to perform these tasks. While we aim to complete migrations or setup without delay, you acknowledge that some delays can occur (for instance, due to waiting for domain DNS changes or receiving required information from you). We are not responsible for delays caused by factors outside our reasonable control (see Section 16 on Events Outside Our Control).
- Your Responsibilities (Information & Cooperation): In order for us to provide services, you may need to provide certain information or take certain actions:
- You must provide accurate and complete information when requested (such as account details, domain ownership details for registrations, valid contact information, etc.). If we ask for information or action from you and you do not provide it within a reasonable time, or if you provide incorrect information, we may charge you a reasonable additional fee to cover any extra work required or suspend the affected services until you provide what is needed. We will not be liable for any delay or failure in providing services resulting from your failure to supply required information or cooperation.
- You are responsible for obtaining any necessary licenses or permissions for third-party software or content that you use with our services. For example, if you install software on a server, you must have a valid license for that software.
- Data Backups: You are responsible for maintaining up-to-date backups of any content or data you host with us. While we may implement our own backup routines (and some of our hosting plans include backup services as a feature), you should not rely solely on our backups. We strongly recommend that you keep external backups of your websites, databases, and any other important data stored on our servers. Barruko is not liable for data loss or corruption; it is ultimately your responsibility to ensure you have backup copies of your data.
- You must provide accurate and complete information when requested (such as account details, domain ownership details for registrations, valid contact information, etc.). If we ask for information or action from you and you do not provide it within a reasonable time, or if you provide incorrect information, we may charge you a reasonable additional fee to cover any extra work required or suspend the affected services until you provide what is needed. We will not be liable for any delay or failure in providing services resulting from your failure to supply required information or cooperation.
- Service Performance: We will use reasonable skill and care in delivering the services. You acknowledge that hosting services, by their nature, may experience occasional disruptions or downtime. We may need to suspend the services temporarily to perform maintenance (planned or emergency) on our systems. Whenever feasible, we will provide advance notice of any scheduled maintenance or downtime. If an unplanned outage or technical issue occurs, we will work to resolve it as quickly as possible. Any maintenance or suspension of service will not affect your obligation to pay for the service during that time (except as provided by law or our Service Level Agreement, if applicable).
- Temporary Suspension (Technical Reasons): We may have to suspend or restrict the services without notice if urgent problems arise (for example, to fix security vulnerabilities, to address a severe network attack, or to comply with legal orders). If suspension is necessary, we will restore service as soon as the issue is resolved. For non-urgent maintenance, we will aim to inform you in advance.
- Security and Abuse Prevention: We employ measures to protect our network and servers, including Distributed Denial of Service (DDoS) protection. Our DDoS protection is designed to mitigate most attacks, but extremely large or sophisticated attacks may still impact service availability. In some cases, to protect our network and other customers, we may temporarily “null-route” (block) traffic to your site or server under attack until the threat subsides. We are not responsible for any consequences of such protective actions when they are necessary to maintain overall service stability.
- Non-Payment Suspension: If you do not pay an invoice for services by its due date, we reserve the right to suspend the provision of those services. In practice, we will normally allow a grace period after the due date – our policy is to wait 14 days past the due date. If payment is still not received by then, we may suspend your account and services on day 14 (from the original due date) without further notice. We will usually send you one or more payment reminders by email before suspension. While your services are suspended for non-payment, data and settings may be inaccessible, but we will not erase your data purely due to suspension (see Section 11 for termination procedures which involve data deletion). You will not be able to use the services during the suspension, but you will still be responsible for any charges that accrue. Once full payment of all outstanding amounts is made (including any late fees, if applicable), we will re-enable the services.
- Customer Support: We will use reasonable efforts to provide technical support for our services through our support channels (e.g., support ticket system, email, or phone as applicable). Support is generally available during the support hours posted on our website. For critical issues affecting service availability (like server down), we strive to have support available 24/7. If you have a managed service plan (such as managed VPS or dedicated server), our support includes assistance with server administration as per that plan’s description. If you have an unmanaged service, our support scope is limited to the availability of the server and network, and you are responsible for software or configuration issues beyond our infrastructure. We may offer emergency phone support for certain high-level plans or business services, and details of such offerings will be in the service description.
8. Domain Name Registration and Renewal
If you register or transfer domain names through us, the following terms apply:
- Registration Process: We will attempt to register or renew domain names that you order using the interface on our site or client portal. However, we do not guarantee that any domain name you request will be successfully registered or available. Domain registrations are processed on a first-come, first-served basis, and until we have confirmed registration, another party might register the name. We are not liable if a domain name is no longer available by the time you place an order or by the time we attempt to register it.
- Your Obligations for Domains: When ordering a domain, you warrant that: (a) all information you provide for the registration (such as Registrant name, address, contact details) is accurate and up to date; (b) you have the right to use the domain name you’re registering and that the name itself does not infringe anyone else’s rights (for example, it is not a trademark owned by another party to your knowledge); and (c) you will keep the registration information current and accurate throughout the domain’s life (updates can often be done via our client portal, and some changes may incur small fees as set by registries).
- Domain Registries and Third-Party Terms: Domain registrations are subject to the policies of the relevant domain registries and the terms of the registrars we use. By registering a domain through Barruko, you agree to abide by the rules and policies of the respective domain extension (TLD). For example, .UK domains are governed by Nominet UK’s terms, .COM/.NET/.ORG by ICANN policies, etc. Our registrar partners may have additional terms and privacy policies that apply to domain registrations; we will provide links or references to these terms on request or in our domain registration interface.
- Premium or Unusual Domains: In some cases, a domain you request might be classified as a “premium” domain by the registry, meaning it has a higher-than-standard cost. We may not know this at the time you place the order. If a domain registry or registrar informs us that your chosen domain requires a higher fee than what was initially charged, we will notify you as soon as possible. You will then have the option to either (a) pay the additional amount required for the premium domain (we will provide an invoice for the difference or a revised total price) or (b) cancel the domain registration order. If you choose not to proceed with the registration at the higher price, we will cancel that domain order and refund any payment you made specifically for it.
- WHOIS and Privacy: You acknowledge that when a domain is registered, certain information about the registration (such as the domain holder’s name and contact details) may be made publicly available through WHOIS databases, as required by the domain registry’s rules. We offer WHOIS privacy services or proxy registrations for many domain extensions to help protect your personal information, and we encourage you to use these services where available if privacy is a concern. Our Privacy Policy covers how we handle personal data in domain registrations.
- Renewal of Domains: Domain names are registered for a fixed period (e.g., 1 year, 2 years) and need to be renewed before their expiration date to remain active. We will send renewal reminders via email to the contact address on file prior to a domain’s expiration date, usually at 30 days, 14 days, and 7 days before expiry (in line with ICANN requirements for generic domains). It is ultimately your responsibility to ensure your domains are renewed on time. We strongly recommend keeping at least one valid payment method on file and ensuring that your domain is set to auto-renew in our system if you want uninterrupted ownership.
- Auto-Renewal and Payment Method: If you have enabled auto-renewal for a domain and have a valid payment method on file (such as a credit card or direct debit mandate), we will attempt to charge the renewal fee when it comes due. If the primary payment method fails, we may attempt any backup payment methods on your account or notify you to update payment details. If no valid payment method is available, or if payment fails, we will not renew the domain. In such case, the domain may expire and become inaccessible (and eventually could be released for others to register). Barruko is not liable for loss of a domain due to failure to pay the renewal fee; maintaining current payment information is your responsibility.
- Expired Domains: If a domain registration expires because it was not renewed, there is a short window (often around 30 days, known as the “grace period”) in which it can still be renewed at the regular price. After the grace period, many registries enter a “redemption period” during which the domain can be redeemed and renewed, but often at a significantly higher fee. After redemption, the domain may be released for general registration. We will attempt to assist you in recovering an expired domain during the grace or redemption periods if you request it, but we cannot guarantee success. All fees associated with recovering an expired domain (especially redemption fees) will be passed on to you.
- No Warranty on Domain Use: We do not guarantee that a domain name you register will fulfil the specific purpose you intend, or that you will obtain any legal protection for that name, or that there will be no disputes over the name. You are solely responsible for ensuring that your use of a domain name (for a website, business, or otherwise) does not violate any laws or infringe rights. We do not provide legal advice regarding domain name selection or usage.
- Domain Disputes: If a domain name we registered for you becomes subject to a dispute (for example, a UDRP complaint or a legal challenge), you must inform us if you are aware of it, and we reserve the right to follow the rules of the relevant dispute resolution policy. We will not get involved in ownership disputes; it is your responsibility to resolve disputes with third parties. We have no liability for the suspension, cancellation, or transfer of a domain name due to domain dispute resolution proceedings.
- Domain Fees and Refunds: Fees for domain services (registrations, renewals, transfers) must be paid in advance. Domain registration and renewal fees are generally non-refundable once the domain has been successfully registered/renewed. This is because once a domain is registered, we incur costs with the registry that are not reversible. If we fail to secure a domain you paid for (e.g., the registration fails or the domain was unavailable), we will of course refund you that payment. But if a domain is registered correctly as ordered, no refund will be given if you later decide you no longer want the domain. Similarly, if you cancel a hosting package that included a “free domain” and you keep the domain, the cost of the domain may be deducted from any hosting refund (since you retain ownership of the domain for its registration period). See also our Refund Policy for details.
9. Pricing and Payment Terms
- Price of Services: The price for each service (hosting plans, domain registration, maintenance, etc.) will be as listed on our website or as quoted by us at the time you place your order. We may change the prices of our services from time to time. However, any price changes will not affect services that you have already ordered or that are currently in a prepaid term. For example, if you paid annually for a hosting plan, the price will remain the same for that year; if we change the price for new purchases, it will only apply when your service is up for renewal or if you order a new service. We will notify you of any price increase that affects your existing services before the renewal, so you can choose to cancel if you do not agree to the new price.
- Taxes: Our prices are listed in GBP and, unless stated otherwise, exclude VAT or other applicable sales taxes. If you are in the UK (or another country where VAT applies), VAT will be added at the appropriate rate when you are charged. The final amount due will be shown at checkout or on your invoice. Customers outside of the UK may be responsible for any local taxes or charges applicable in their jurisdiction (for example, EU customers should provide a VAT ID if applicable to avoid being charged VAT under the reverse charge mechanism).
- Billing Cycle: Hosting services are generally billed in advance on a recurring cycle (monthly or annually, depending on the plan you choose). Domain registrations are billed in full at the time of registration for the term (e.g., one year, two years) you select. Other services (such as one-time setup fees, website design, etc.) will be billed as agreed. Your invoice or order confirmation will state the billing frequency and amount.
- Payment Methods: We accept payment via debit/credit cards and direct debit for recurring services. Specifically, we use Stripe to process card payments (Visa, MasterCard, American Express, and other major cards) and GoCardless to process direct debit payments from UK bank accounts. You can manage your saved payment methods (add, remove, update) through our client portal’s billing section. In some cases, we may accept bank transfers or other methods by prior arrangement, but the default methods are card or direct debit. All payments must be made in GBP (British Pounds) unless otherwise agreed.
- Payment Timing: Payments for services are due in advance of the service period. For monthly-billed services, this means you pay at the start of each month’s period; for annual, at the start of each year’s period, etc. When you place a new order, your card or bank account will be charged when we issue the Order Confirmation or shortly thereafter. For recurring charges, we will attempt to automatically charge your saved payment method on file on the invoice due date (which corresponds to the renewal date of the service). By providing us with your payment details (card information or direct debit mandate), you authorize Barruko to charge the applicable fees to that payment method on the schedule described. This includes automatic charges for recurring subscriptions unless you cancel the service in advance. You can opt in or out of automatic recurring billing via your client portal.
- Failed Payments: If an automatic payment attempt fails (for example, your card is declined or a direct debit is unsuccessful), we will send you a notification. We will typically retry the charge after a short interval. It is your responsibility to ensure that your payment information is up to date and that you have sufficient funds or credit available. If payment is not completed, the invoice will be overdue, and the Non-Payment Suspension terms in Section 7 apply (services may be suspended after 14 days of non-payment).
- Late Fees and Interest: We reserve the right to charge a reasonable late fee or interest on overdue invoices. In general, we may add a fixed late fee or interest at the rate of 3% per annum above the Bank of England’s base rate (or a minimum fixed amount such as £5), calculated from the date the payment was due until the date it is paid, whichever method and amount is greater as permitted by law. This is not an interest charge for credit, but a compensation for the cost of late payment. Any such charges will be added to the amount you owe. We may also suspend services as noted, which can incur reactivation fees in some cases.
- Pricing Errors: While we strive to ensure that all pricing on our website is accurate, errors may occasionally occur. If we discover a pricing mistake for a service you have ordered (e.g., a typo leading to a significantly incorrect price), we will contact you to inform you of the correct price. You will have the option to reconfirm your order at the correct price or cancel it. If we cannot reach you, or you do not respond, we will treat the order for the mispriced service as canceled and, if you’ve paid, issue you a refund for that item. We are not obligated to honor prices that are obvious errors and that you could reasonably be expected to know were mistakes.
- Promotions and Trials: If you have signed up using a promotional offer or a reduced-price trial period, such promotions may be subject to special terms (e.g., only for new customers, or for the first month only). Once the promotional period ends, regular prices will apply. Only one promotional offer can be used per customer unless explicitly allowed. If a trial period or money-back guarantee is offered, it may be limited to first-time customers of a service. We will specify any such limitations in the promotion details.
(All refunds, if applicable, will be handled according to our Refund Policy – see Section 10.)
10. Cancellation and Refunds
- Your Right to Cancel (Cooling-Off for Consumers): If you are an individual consumer (not a business) and you ordered our services online or by phone, you may have a legal right to cancel the Contract for hosting services within 14 days of the date of our Order Confirmation, under the UK Consumer Contracts Regulations 2013. However, please note that this right to cancel does not apply in the same way once we have fully delivered a service that you requested to start within the cancellation period. For example, if you ask us to register a domain name or set up a hosting account and we have done so, you may lose the right to cancel that service under the cooling-off regulations because the service has been fully performed (domain registered, hosting activated) with your consent. By placing an order with us and agreeing to these Terms, you are expressly requesting that we begin provisioning the services immediately and you acknowledge that you may lose the right to cancel once the service is provided. That said, we want you to be satisfied with our services – if you change your mind within 14 days, please contact us, and we will review your request and may provide a refund at our discretion for services that can be canceled (less any costs we have incurred, such as non-refundable domain fees).
- Barruko Satisfaction Guarantee: We may offer a voluntary money-back guarantee on certain services (for instance, a 30-day money-back guarantee on shared hosting plans for new customers). Any such guarantee is subject to the terms we state (e.g., first-time account, cancellation within the specified period, etc.). If you are eligible and cancel within the guarantee period, we will refund your hosting fees according to the guarantee. Domain names, SSL certificates, or other add-on services are usually excluded from money-back offers and will be charged at normal rates if you keep them. Check our Refund Policy or specific promotion details for applicability.
- Cancellation Procedure (General): You may cancel a service at any time by providing us with notice. The preferred method is through our client portal – for example, by submitting a cancellation request for the specific service. This ensures we have an authenticated record of your request. You can usually choose an effective cancellation date (either immediate or end of the current billing period) when submitting the request. If you have any difficulty, you can also contact our support team to request cancellation. We require written notice (email or support ticket suffices) for cancellation; phone requests alone are not accepted for your protection.
- Notice Period for Cancellation: For monthly recurring services, we ask that you submit cancellation at least 1 day before the next renewal date to avoid being charged for the next period. For annual services, at least 7 days’ notice before renewal is appreciated. However, these are guidelines rather than strict requirements; if you submit a cancellation late and an invoice is already generated or paid, contact us – we may be able to arrange a refund of the renewal fee (especially if you had no usage of the renewed term), though this is not guaranteed. Please note that once a new term has begun (and especially if a service has renewed and been used), refunds are at our discretion (see “Refunds” below).
- Refunds for Canceled Services: If you cancel a service that you’ve paid for in advance, we will handle refunds as follows:
- For monthly-billed services: generally, we do not provide refunds for the unused portion of the month if you cancel mid-cycle. Your service will remain active until the end of the paid period, unless you request immediate termination. No partial monthly credits are usually given, except in special circumstances or if required by law.
- For annual or multi-year services: if you cancel before the end of a pre-paid term, we are not obligated to issue a pro-rata refund for the remaining unused months. For example, if you paid for 12 months and cancel after 6 months, normally no refund for the last 6 months will be issued because you received a discounted rate for the full term and our services remain ready for your use until term end. However, you will retain access to the service until the period you paid for expires, unless the cancellation is due to our breach or an agreement for early termination. If we decide, at our discretion, to honor a refund for unused full months, it will be a goodwill exception, and any used discounts or free items (like a free domain) will be deducted from the refund.
- For domains and one-time services: as noted, domain registrations and similar one-time services are non-refundable once processed, even if you cancel those immediately, because we cannot “undo” a domain registration.
- Any refunds that are approved will be made using the same payment method you originally used, unless we agree otherwise. Refunds will be processed as soon as possible, but please allow up to 14 days for the funds to appear, depending on bank processing times.
- For monthly-billed services: generally, we do not provide refunds for the unused portion of the month if you cancel mid-cycle. Your service will remain active until the end of the paid period, unless you request immediate termination. No partial monthly credits are usually given, except in special circumstances or if required by law.
- Our Refund Policy: All refunds shall be handled in accordance with our official Refund Policy (which is incorporated by reference into these Terms). If there is any discrepancy between the Refund Policy and the Terms here, the specific provisions of the Refund Policy will prevail for refund-related matters. In summary, our Refund Policy further details the conditions under which refunds are granted, the process for requesting a refund, and any exceptions. We take customer satisfaction seriously and will always consider your feedback and reasons for cancellation.
- Effect of Cancellation by You: If you cancel a service (and it is not due to any breach or fault on our part), no further recurring charges will be made for that service after the effective cancellation date. If you schedule a cancellation for end of term, you will continue to have service until that date and then it will not renew. If you cancel effective immediately, your service will be terminated and you may lose access to it right away. It is your responsibility to backup any data or content prior to cancellation. Once a hosting service is terminated, your data may be deleted from our servers and cannot be recovered (see Section 12 on Consequences of Termination).
11. Termination by Us or for Breach
In addition to your right to cancel, we reserve the right to terminate the Contract or a specific service under the following circumstances:
- For Cause (Your Breach): We may terminate the Contract with immediate effect by giving you written notice (which may be by email) if you commit a material breach of these Terms and (if the breach is something you can correct) you fail to remedy that breach within 30 days after we have notified you asking you to fix it. A material breach includes but is not limited to:
- Failure to pay fees owed after multiple reminders (non-payment beyond the 14-day grace/suspension period).
- Serious violation of our Acceptable Use terms (for example, hosting illegal content, engaging in spamming, or activities that jeopardize our network or other customers). In the case of particularly egregious or unlawful activities, we reserve the right to suspend or terminate immediately without a 30-day cure period.
- Providing false contact information, or engaging in fraudulent or abusive behavior towards our staff or systems.
- Failure to pay fees owed after multiple reminders (non-payment beyond the 14-day grace/suspension period).
- Insolvency or Business Closure: We may terminate the Contract immediately if you become insolvent or bankrupt, enter administration, or otherwise cease business operations (applicable more to business customers). Similarly, if we undergo an insolvency event or cease providing hosting services, you would be entitled to terminate (and we would assist in migrating your data out).
- By Notice (No Fault): Either party may terminate a Contract for convenience by providing at least 30 days’ notice in writing to the other. For example, if you no longer need the service, you can inform us that you intend to terminate at the next monthly or annual anniversary (as long as that date is at least 30 days out). Likewise, we could decide to discontinue providing a certain service and give you 30 days’ notice of termination. If we give you notice of a termination for convenience and you have paid beyond the termination date, we will refund the unused portion of your fees. (We do not generally exercise termination for convenience except in unusual circumstances, such as discontinuation of a product line or security reasons requiring us to shut down a service.)
- Violation of Law or Emergency: If we determine that your use of the services is causing significant legal liability (for example, a court or law enforcement order to shut down the service) or potentially harming the security/stability of our operations, we may terminate or suspend your service immediately. We will inform you as soon as reasonably possible and work with you if the situation allows.
- Abusive Behavior: We have zero tolerance for abusive behavior directed towards our staff. If you or your account contacts threaten, insult, or harass our employees or contractors, we reserve the right to immediately terminate your account. We will attempt to warn you in less severe cases, but severe abuse (such as threats of violence, highly offensive language, or discrimination) can result in instant termination.
- Effect of Termination for Breach: If we terminate your Contract due to your breach or misconduct, no refund will be given for any remaining unused service period. In fact, any fees due for the full term of the Contract will become immediately due and payable (for example, if you had an annual plan and were terminated mid-term for breach, you may not receive a refund for remaining months). We may also charge you for any reasonable costs directly incurred by us due to your breach (for example, costs of an investigation, handling abuse complaints, etc., if applicable).
12. Consequences of Termination
When a Contract or a specific service is terminated (whether by cancellation or termination by either party), the following will apply:
- Cessation of Service: We will stop providing the service from the effective date of termination. Your account login may be disabled for the terminated services, and you will not have access to the hosting space, servers, or other resources related to that service. If you have multiple services with us, only the services that are terminated will be affected; other services will continue under their respective contracts.
- Data Retrieval: Upon termination, it is your responsibility to ensure you have copies of all your data that you wish to keep. We do not guarantee that we will retain your hosted data after termination. However, if you request, we may provide you a brief window to retrieve data: for example, if a hosting account is terminated, we might (but are not obliged to) keep a backup for a short period (e.g., 7-14 days) and can provide you with a backup file upon request and provided all outstanding fees are paid. This is not guaranteed and may not be possible in cases of termination for serious breach or non-payment (especially if significant time has passed).
- Transfer Assistance: In some cases, if you terminate services and need assistance migrating to another provider, we will provide reasonable assistance on request. This might include providing an export of your data, unlocking domains and providing EPP transfer codes, etc. Any assistance beyond providing basic data (like helping to configure your new service elsewhere) might be offered as a professional service for an additional fee. We will inform you of any such fees beforehand.
- Deletion of Data: We reserve the right to delete all data stored on our servers for your services 30 days after termination of that service, regardless of the reason for termination. This includes website files, databases, email stored on the server, and backups. Data deletion is irreversible. We may retain certain data for longer if required by law or our internal data retention policies (for example, we might retain basic account records, invoices, support tickets for legal/audit purposes), but such retained data will not include the content of your websites or emails except as needed for legal compliance.
- Outstanding Fees: Termination does not relieve you of the obligation to pay any amounts owing to us. Any fees that accrued prior to termination, or which are due for the remainder of a term per the Terms, will still be due. In case of termination due to your breach or early cancellation where a discount was applied (such as free months or waived fees), we reserve the right to reclaim those discounts. For example, if you got a free domain with a hosting plan and cancel the hosting early, you may be charged for the domain at regular price.
- Surviving Terms: Any provisions of this Contract which are expressly or by implication intended to survive termination (such as indemnities, liability limitations, governing law, etc.) will continue in effect. Termination of the Contract will not affect any rights or liabilities that have already accrued by the time of termination.
- Future Business: If we terminated the Contract due to your breach or misuse, we may refuse to provide you services in the future. This can include canceling any new orders you attempt to make or closing any new accounts you register. Conversely, if you terminated for convenience and bore no ill will, you are welcome to return as a customer anytime; though note that you might not be eligible for “new customer” promotions more than once.
13. Our Liability if You Are a Business Customer
(This section applies only if you are using our services for business purposes. If you are an individual consumer, please see Section 14 below.)
- No Implied Warranties: The services, including hosting and domain services, are provided “as is” and all implied warranties or conditions (including any of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement) are excluded to the fullest extent permitted by law. We do not guarantee that our services will lead to any increase in your business or that they will be suitable for your specific needs; you have sole responsibility for selecting the services that meet your requirements.
- Limitations on Types of Loss:
- Indirect or Consequential Loss: To the extent allowed by law, we will not be liable for any indirect, special, or consequential losses or damages that you may incur in connection with our services or these Terms. This includes, but is not limited to, loss of profits, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill or reputation, or loss of data. You acknowledge that hosting services by their nature can be subject to outages or data loss, and you agree that you have taken precautions (such as backups and insurance) to mitigate your potential losses.
- Specific Exclusions: We will not be liable for:
- Loss of profits, sales, business, or revenue.
- Loss or corruption of data, databases, or software (it is your responsibility to maintain proper backups as noted).
- Loss of business opportunities or contracts.
- Business interruption or downtime costs.
- Any costs of procurement of substitute services (for example, if our service is unavailable, any higher costs of using an alternative provider temporarily).
- Any indirect losses or damages, even if we have been advised of the possibility of such damages.
- Loss of profits, sales, business, or revenue.
- Indirect or Consequential Loss: To the extent allowed by law, we will not be liable for any indirect, special, or consequential losses or damages that you may incur in connection with our services or these Terms. This includes, but is not limited to, loss of profits, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill or reputation, or loss of data. You acknowledge that hosting services by their nature can be subject to outages or data loss, and you agree that you have taken precautions (such as backups and insurance) to mitigate your potential losses.
- Cap on Liability: Our total liability to business customers for all claims arising from or related to the Contract is limited to no more than the total amount you paid to us for the service in the 12 months immediately preceding the event giving rise to the claim. For example, if you are on a £50/month plan, our maximum aggregate liability would be £600 (12×£50) for all claims in that year. If the claim arises during your first year of service and 12 months have not yet elapsed, we would base it on the amount paid so far for that service. This limitation applies whether the liability arises from contract, tort (negligence), misrepresentation, or otherwise.
- No Liability for Force Majeure: We are not responsible for any failure or delay in performing our obligations due to events outside our control (see Section 16, “Events Outside Our Control”). For a business user, this means you cannot claim damages or hold us in breach for service interruptions or losses that result from circumstances we could not reasonably prevent.
- Exceptions: Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be limited or excluded by law (for example, certain liabilities under the Consumer Protection Act 1987, if applicable).
- Indemnity: You agree that if you are using the services for business purposes, you will indemnify and hold Barruko (including our directors, employees, and agents) harmless from any claims, losses, liabilities, and expenses (including reasonable legal fees) that arise out of or in connection with your use of the services, your breach of these Terms, or your violation of any law or third-party rights. This means if a third party sues us because of something related to your use of the service (for instance, content you hosted that allegedly infringes someone’s rights), you will cover our costs and damages.
14. Our Liability if You Are a Consumer
(This section applies only if you are an individual using our services for personal, domestic purposes outside of your trade, business, or profession.)
- Provision of Services with Reasonable Care: If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract or failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Foreseeable loss or damage means it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen (for example, if you discussed it with us during the sales process).
- Personal Use Only: We provide our hosting and related services for domestic and private use by consumers. If you are a consumer, you agree not to use the services for any commercial, business, or re-sale purposes. If you do use the services for any business or profit-making activities (even though you are not supposed to under this consumer contract), we will have no liability to you for any business-related losses (such as loss of profit, loss of business, business interruption, or loss of business opportunity). In other words, our liability to consumers does not cover any losses that would normally be associated with a business’s use of the services, since you have agreed not to use them in that way.
- Data Loss and Downtime: For consumers, we do not have to compensate you for service interruptions or data loss that are not caused by our failure to use reasonable care and skill. For example, if an unexpected hardware failure occurs despite regular maintenance, or if a software bug (not caused by our negligence) leads to downtime, such events might not be within our control. However, if we fail to exercise reasonable care (say, we forgot to renew a domain you ordered and it expired, causing you loss), then you might be entitled to a remedy. We always recommend that you keep backups of your important data, even as a consumer, to protect yourself.
- Maximum Liability: Except for the types of liabilities we cannot limit by law (listed below), our liability to you as a consumer is limited to the amount you paid for the service that gave rise to the liability, for the period in which the problem occurred. For instance, if you are on a monthly plan and something we did wrong caused you loss for one month, we might limit compensation to the value of one month’s service fee. This is generally because we might refund that month’s fee as part of resolving a valid complaint.
- No Exclusion of Legal Rights: As a consumer, you have certain rights under law (such as the Consumer Rights Act 2015) that services should be performed with reasonable care and skill and that digital content (if provided) is of satisfactory quality. Nothing in these Terms will limit or exclude our liability to you for breaching those statutory rights. If the law grants you a right or remedy, these Terms do not take that away.
- Exceptions: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) breach of your legal rights in relation to the services (for example, if our services were provided without reasonable care and skill, you’d be entitled to have problems fixed or to some refund, and we honor those rights).
- Damages to Property: If we are installing anything at your property (though for hosting this is unlikely, as our services are online), we would take care not to damage your property. If we do and it’s our fault, we would cover the cost of repair. (This clause is more relevant to services physically provided at consumer premises, which typically doesn’t apply to web hosting, but is stated here for completeness.)
15. Events Outside Our Control (Force Majeure)
We are not responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control. Such events are often called “Force Majeure” events and may include, but are not limited to:
- Acts of God (e.g., flood, earthquake, extreme weather conditions, or other natural disasters);
- Fire, explosion, or accidental damage;
- War, armed conflict, terrorist attack, civil war, civil commotion or riots;
- Government actions, restrictions, laws, or regulations (e.g., embargoes or trade restrictions, pandemic-related restrictions);
- Failures of telecommunication networks or the internet not caused by us (e.g., major internet backbone outage, DNS root server issues, etc.);
- Utility failures (e.g., widespread power outage) or failure of third-party infrastructure (such as datacenter power or cooling failure outside our backup capacity);
- Labour disputes not involving our employees (e.g., strikes by telecommunications providers or transportation strikes affecting our supply chain);
- Distributed denial of service attacks or other malicious acts by third parties that are unusually severe or unforeseeable (despite our security measures).
If such an event occurs that affects our ability to provide services, we will:
- Inform you as soon as reasonably possible and keep you updated as the situation evolves.
- Take reasonable steps to minimize the impact on our services (for example, switching to backup systems, or working with third-party providers to restore service).
Our performance under the contract is deemed 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. If the event continues for an extended period (for example, more than 30 days) such that it significantly deprives you of the benefit of the services, either party may have the right to terminate the Contract upon written notice. If the contract is terminated in such circumstances, we will work in good faith to provide appropriate refunds or account credits for services that were paid for but not usable, minus any costs we have incurred. Each situation will be assessed on a case-by-case basis.
16. Communications and Notices
- In Writing: When we refer to “written” or giving notice in writing in these Terms, this includes email. You agree that email communication and electronic records can constitute written communications for the purposes of any legal requirements.
- How We Contact You: We will send official notices or communications to you via the email address associated with your account (the one you provide at signup or update in your client profile). It is crucial that you keep your contact email address current and accessible. Notices may also be delivered through support ticket systems or posted in your client portal. For urgent matters, we might contact you via phone if you provided a number, but official notices will typically be in writing.
- How You Contact Us: For routine communications (like support requests or billing questions), you should contact us via our support ticket system or email as provided on our site. For official notices (for example, a notice of termination, a complaint, or a dispute escalation), you should send it in writing to our registered office address (see Section 1) or via email to our designated support or legal email (if provided). If you send a critical notice by email and do not receive acknowledgment within 1-2 business days, we recommend following up or using an alternate method to ensure we received it.
- Receipt of Notices: Any notice shall be deemed to have been received: if sent by email, on the day it was sent (or the next business day if sent outside of business hours in the recipient’s location), provided no bounce or error message is received. If delivered by postal mail to our registered office, we deem it received when actually delivered to that address (signed for if sent recorded, or 2 business days after posting if within UK, or 5 business days if international).
- Language: Communications will be in English. Our support may assist in other languages as a courtesy, but the official contractual language is English.
- Keeping Records: We encourage you to keep copies of all important communications with us (such as payment confirmations, notices of cancellation, etc.). We maintain logs of emails and support tickets on our side, but having your own records is also beneficial.
17. Governing Law and Jurisdiction
- Governing Law: These Terms, and any Contract between you and Barruko, are governed by the laws of England and Wales. This means that the interpretation, validity, and performance of this agreement will be judged under English law. If you live outside of England/Wales, note that local mandatory consumer laws may apply to you as well, but the core agreement is under English law.
- Jurisdiction for Disputes: You and we both agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation. If you are a consumer residing elsewhere in the UK (Scotland or Northern Ireland), you may alternatively bring proceedings in your local courts if you wish, as you have certain protections allowing for local jurisdiction. However, if you are a business, you agree to the exclusive jurisdiction of the English courts.
- Alternative Dispute Resolution: We genuinely hope to resolve any issues by amicable discussion. If you have any concerns or disputes, please reach out to us (see Section 16 on Communications or our Complaints procedure if one is published). We will attempt to resolve the matter in good faith. Consumers may also have the right to use alternative dispute resolution (ADR) or online dispute resolution platforms for certain disputes; if applicable, we can provide information on such options.
Thank you for reading our Terms and Conditions. By using Barruko’s services, you are agreeing to these terms which are designed to ensure a fair and transparent relationship between us. If you have any questions or need clarification on any part of these Terms, please do not hesitate to contact us.