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Email Hosting Terms and Conditions
1. Introduction
1.1 These Email Hosting Terms and Conditions (“Email Terms“) supplement our General Website Terms and Conditions and govern the provision of email hosting services by Ayup Creative Ltd (“we“, “us“, “our” or “the Company“) to business customers (“you” or “Client“).
1.2 These Email Terms should be read in conjunction with our General Website Terms and Conditions. In case of conflict, these Email Terms shall prevail regarding email hosting services.
1.3 Our email hosting services are provided exclusively to businesses and not to consumers. By ordering email hosting services, you confirm you are acting in the course of a business.
2. Definitions
In addition to definitions in our General Terms, the following apply:
- “Email Account” means an individual email address and associated mailbox
- “Email Service” means the email hosting platform and associated services
- “Mailbox” means the storage area allocated to an Email Account
- “Storage Quota” means the maximum amount of data that can be stored per Email Account
- “Email Client” means software used to access email (e.g., Outlook, Thunderbird, mobile apps)
3. Service Provision
3.1 We will provide email hosting services according to your selected email hosting package.
3.2 Email services are subject to a minimum term of 12 months unless otherwise agreed in writing.
3.3 We will provide you with the necessary configuration details to set up your Email Accounts.
3.4 Email Accounts are activated upon receipt of payment and our acceptance of your order.
4. Storage Quotas
4.1 Each Email Account includes a specified Storage Quota as detailed in your package.
4.2 We will notify you by email when an account approaches 80% and 95% of its Storage Quota.
4.3 When Storage Quota is exceeded:
- Incoming emails may be rejected and returned to sender
- We may suspend the affected Email Account
- You must reduce storage usage or upgrade your package
4.4 We reserve the right to delete emails exceeding quota limits after providing reasonable notice.
5. Acceptable Use Policy for Email
5.1 You must not use the Email Service for:
- Sending spam, unsolicited bulk email, or chain letters
- Distributing malware, viruses, or malicious attachments
- Harassment, defamation, or threats
- Illegal activities or content violating UK law
- Commercial email marketing without proper opt-in procedures
- Phishing or fraudulent activities
- Impersonating others or using false sender information
5.2 You are responsible for ensuring all users of your Email Accounts comply with this policy.
5.3 We may immediately suspend Email Accounts that breach this policy.
6. Payment Terms
6.1 Payment for email hosting is due in advance according to your selected billing cycle.
6.2 We will send renewal invoices at least 14 days before the renewal date.
6.3 Services may be suspended if payment is not received by the due date.
6.4 All prices exclude VAT, which will be added at the prevailing rate.
6.5 Price increases require 30 days’ written notice.
7. Data Retention and Backup
7.1 We may perform regular backups of email data, but you remain solely responsible for maintaining your own email backups.
7.2 We strongly recommend configuring your Email Clients to keep local copies of important emails.
7.3 Email data may be automatically deleted after extended periods of inactivity (typically 12 months) with prior notice.
7.4 Deleted emails in trash folders are permanently removed after 30 days.
8. Security and Access
8.1 You are responsible for:
- Maintaining secure passwords for all Email Accounts
- Promptly reporting any suspected security breaches
- Ensuring Email Clients are properly configured with secure protocols
- Regularly updating Email Client software
8.2 We implement reasonable security measures including:
- Encrypted connections (SSL/TLS)
- Spam and virus filtering
- Secure server infrastructure
8.3 We cannot guarantee complete security and are not liable for unauthorised access to your emails.
9. Spam and Virus Protection
9.1 We provide spam filtering services but cannot guarantee all spam will be blocked.
9.2 Some legitimate emails may occasionally be filtered as spam – you should check spam folders regularly.
9.3 Virus scanning is provided but you should maintain your own antivirus protection.
9.4 We are not liable for any damage caused by emails that bypass our security measures.
10. Email Delivery and Reliability
10.1 We aim to provide reliable email delivery but cannot guarantee:
- 100% email delivery success
- Specific delivery timeframes
- Continuous service availability
10.2 Email delivery may be affected by factors beyond our control, including:
- Recipient server issues
- Internet connectivity problems
- Spam filtering by recipient servers
- DNS propagation delays
10.3 We are not liable for failed, delayed, or rejected email deliveries.
11. Service Levels and Support
11.1 We aim to provide 99.5% email service availability, measured annually, unless another Service Level Agreement is agreed in writing by both parties.
11.2 Technical support is available during Business Hours via email and our support system.
11.3 We will use reasonable efforts to respond to support requests within 4 hours during Business Hours.
11.4 Support covers email platform issues but not Email Client configuration or training.
12. Migration and Setup
12.1 We may offer email migration services as a separate chargeable service.
12.2 You are responsible for:
- Backing up existing email data before migration
- Providing necessary access to existing email systems
- Testing email functionality after migration
12.3 We accept no liability for data loss during migration processes.
13. Suspension and Termination
13.1 We may suspend Email Services immediately without notice if:
- Payment is overdue by more than 7 days
- The Acceptable Use Policy is breached
- Your account is used for spam or illegal activities
- We are required to do so by law
13.2 Either party may terminate with 30 days’ written notice.
13.3 Upon termination, you have 30 days to export your email data before permanent deletion.
13.4 No refunds for early termination except where required by law.
14. Business Continuity
14.1 We recommend maintaining alternative email arrangements as backup.
14.2 In case of extended service disruption, we will provide reasonable notice and updates on restoration efforts.
14.3 We are not liable for business losses caused by email service interruptions.
15. Third Party Integration
15.1 Email Services may integrate with third-party systems (spam filters, security services).
15.2 Third-party terms may apply to certain features.
15.3 We remain responsible for core email hosting functionality.
16. Compliance and Regulations
16.1 You must comply with all applicable email marketing regulations, including:
- Privacy and Electronic Communications Regulations (PECR)
- UK Data Protection Act 2018
- CAN-SPAM Act (for US recipients)
16.2 We are not responsible for your compliance with email marketing laws.
17. Liability and Disclaimers
17.1 Our total liability for Email Services shall not exceed the total fees paid in the 12 months preceding the claim.
17.2 We exclude liability for:
- Loss of email data not caused by our gross negligence
- Business losses due to email delivery failures
- Damage caused by spam, viruses, or malicious emails
- Indirect, consequential, or special damages
17.3 Email Services are provided “as is” without warranties of any kind.
18. Data Protection
18.1 We process personal data in accordance with UK data protection laws and our Privacy Policy.
18.2 Email content may be processed for security, spam filtering, and service delivery purposes.
19. Governing Law
19.1 These Email Terms are governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.
20. Contact Information
For email hosting support, please contact us using the contact details listed on our Contact page.