Sink or Swim Marketing

Hosting Terms & Conditions

The term ‘Sink or Swim Inbound Marketing Ltd‘ is the accredited registrar and provider of hosting services. The term ‘The Client’ refers to any individual who must be 18 years of age or over, or a company that applies to register a domain name or purchases the provision of hosting services.

You can view any changes to our terms and conditions [here]

These Terms and Conditions refer to the following additional policies and documents, which also apply to your use of our site:

– Our Privacy Policy, which outlines how we process any personal data collected from you or that you provide to us. By using our website, you confirm that all data provided by you is accurate.

– Our Acceptable Use Policy, which details the permitted and prohibited uses of our site and services. You are required to comply with this policy when using our website.

– Our Cookie Policy, which provides information about the cookies on our site.

– Our Data Processing Agreement (DPA), if applicable, between you and Sink or Swim Inbound Marketing Ltd. This applies if Sink or Swim Inbound Marketing Ltd processes personal data on your behalf as a data processor. The DPA is available at the following link: [Data Processing Agreement Page]. Acceptance of these Terms and Conditions signifies that the relevant DPA will apply. If you do not process personal data as a data controller or data processor, no DPA is required.

These policies are integral to our terms and conditions:

– Domain Registration

– Cloud and Hosting Services

– Pricing

– Termination

– Limitation of Liability

Terms and Conditions of Service Outline

  1. Introduction

Welcome to Sink or Swim Inbound Marketing Limited (“Company”, “we”, “our”, “us”). We offer WordPress hosting services, including account setup, premium plugin access, and domain management, subject to these Terms and Conditions (“Terms”).

By using our services, you agree to these Terms. If you disagree with any part of these Terms, please do not use our services.

  1. Eligibility

The services are strictly available to individuals who are at least 18 years old. By agreeing to these Terms, you represent and warrant that you are of legal age.

  1. Account Setup and Management

We will create a WordPress account for each client, hosted and managed by us. Clients will receive login details to manage their WordPress site.

Clients are responsible for their content and must comply with European copyright protection, advertising laws, and all applicable online service/e commerce regulations.

Violation of laws may result in termination of services at our discretion.

  1. Pricing and Payment

Clients are required to pay a monthly fee for hosting management and access to premium WordPress functionalities.

Fees are charged upfront upon onboarding and subsequently every 30 days. Failure to pay may result in service termination.

We hold exclusive rights to the client’s website and domain. A €500 non-refundable fee is required to transfer the website and domain away from our service.

  1. Modifications to Terms and Services

We reserve the right to modify these Terms and our services at any time. Clients will be notified of changes for re-approval.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Sink or Swim Inbound Marketing Limited, its officers, directors, employees, agents, licensors, and suppliers, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, your use of the services, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the service using your account.

  1. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with Irish law and European Union regulations, without regard to its conflict of law provisions. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Ireland.

  1. Contact Information

For any questions or concerns regarding these Terms, please contact us at:

Sink or Swim Inbound Marketing Ltd.

Attention: Sean Willekens

Phone: +353872768542

Email: info@sink-or-swim-marketing.com

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Domain Registration

These terms and conditions relate to all completed registrations for Top Level Domains (TLDs).

Applications to Register

All applications must be made via Sink or Swim Inbound Marketing Ltd’s website or a website owned by an approved agent of Sink or Swim Inbound Marketing Ltd.

.IE Domain Registration

The Applicant for a .IE domain name registration will be responsible for providing any additional information that the IEDR (Irish Domain Registry) may request in order to facilitate the registration of the .ie domain name. Such information may include proof of business such as a VAT number, Company Registration Number or RBN (Registered Business Name number) or proof of identification, such as a copy of Passport, Driving License or Bank Statement. Failure to provide sufficient information as specified by the IEDR can result in the domain name not being registered. Sink or Swim Inbound Marketing Ltd is not responsible for a failed .ie domain registration due to the Applicant not providing additional information as requested by the IEDR and in these circumstances will not issue a refund of the application fee. A full refund will be given for any .ie domain applications that are rejected by the IEDR.

For more information, see IE Domain Registry Policies

Acceptance and Payment

  1. The domain name that is applied for will normally be allotted to the Applicant immediately the respective domain name has been approved and payment has been made subject to ‘Obligation of the Client’ (See below).
  2. The chosen domain name will remain in the possession of Sink or Swim Inbound Marketing Ltd after registering and throughout the duration of the contractual agreement with the client.
  3. Acceptance and payment of the annual fee constitutes a contract for 12 months.
  4. Applicants will be invoiced by email and payment will be taken by credit or debit card online at the time of registration. Payment can be made by cheque but this may add considerably to the delay in confirmation of the domain name.
  5. The Applicant and/or Client understands and agrees that all fees applicable to the domain name registration and renewal are non-refundable. The Applicant and/or Client having the legal status of Consumer pursuant to the European Directive on Distance Selling (Directive 97/7/EC) or the EC (Protection of Consumers in respect of Contracts made by means of a Distance Communication) Regulations 2001 as amended are expressly informed and agree that any domain name are customised goods, pursuant to Section 6.4.c of European Directive on Distance Selling (Directive 97/7/EC) and the EC (Protection of Consumers in respect of Contracts made by means of a Distance Communication) Regulations 2001, therefore the domain name registration or renewal is not subject to the statutory right of withdrawal as provided for under the European Directive on Distance Selling (Directive 97/7/EC) or the EC (Protection of Consumers in respect of Contracts made by means of a Distance Communication) Regulations 2001 as amended.
  6. Sink or Swim Inbound Marketing Ltd reserves the right to refuse registration.

Limitation of Liability

Sink or Swim Inbound Marketing Ltd will not be liable for any incorrect or inaccurate content uploaded to the Sink or Swim Inbound Marketing Ltd website or in connection with any of its services, whether caused by users of the service or by any of the equipment or programming associated with or utilised in the service.

Sink or Swim Inbound Marketing Ltd is not liable for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of its services, or combination thereof.

Sink or Swim Inbound Marketing Ltd is not liable for any error, omission, interruption, loss, deletion, defect, theft, destruction, or unauthorised access to, or alteration of any content you upload through the service.

The Sink or Swim Inbound Marketing Ltd website may contain links to other websites. Sink or Swim Inbound Marketing Ltd is not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by Sink or Swim Inbound Marketing Ltd.

Sink or Swim Inbound Marketing Ltd is not responsible for the conduct, whether online or offline, of any user of the service.

All conditions, terms, representations, and warranties relating to the services provided under this agreement, whether imposed by statute or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose, are hereby excluded to the fullest extent permissible under Irish law.

Sink or Swim Inbound Marketing Ltd’s total aggregate liability to you for any claim in contract, tort, negligence, or otherwise arising out of or in connection with the provision of the service shall be limited to the charges paid by you, the client, in respect of the services which are the subject of any such claim.

In any event, no claim shall be brought unless you have notified Sink or Swim Inbound Marketing Ltd of the claim within one month of it arising.

In no event shall Sink or Swim Inbound Marketing Ltd be liable to you, the client, for any loss of business, contracts, profits, or anticipated savings, or for any other indirect or consequential or economic loss whatsoever.

Termination

Termination by the Client

  1. This agreement may be terminated at any time by the Client by providing Sink or Swim Inbound Marketing Ltd with written confirmation of the request to cancel. The written request to cancel does not release the Client from any contractual obligations in force at the time of cancellation and will serve as notice not to renew the domain or hosting service for the next contractual period, usually 12 months (See Pricing – 2). An exception to this is dedicated servers, which require 3 months’ notice of termination.
  2. The termination request can only be accepted in writing (such as email or hardcopy letter) and must come from the authorised account holder (Client) and sent to info@sink-or-swim-marketing.com.

Termination by Sink or Swim Inbound Marketing Ltd

Sink or Swim Inbound Marketing Ltd may cancel this agreement, suspend delegation of a domain name, or cease providing hosting services with seven days written notice (an electronic email message being regarded as writing for this purpose) if:

  1. The terms of this agreement have been breached by the Client.
  2. The domain name is managed in a manner likely to endanger the operation of the Top Level Domain.
  3. In the opinion of Sink or Swim Inbound Marketing Ltd The domain name is being used in a way likely to cause confusion to internet users.
  4. It comes to Sink or Swim Inbound Marketing Ltd’s attention that an earlier application for a domain name in the name of another party has been initiated by Sink or Swim Inbound Marketing Ltd, or with another provider. As a “first-come-first-served” policy applies Internet-wide, there can be no rectification of this situation. In this rare circumstance, Sink or Swim Inbound Marketing Ltd will issue a full refund to the unsuccessful applicant.
  5. It comes to Sink or Swim Inbound Marketing Ltd’s attention that the domain name or hosting services are being used illegally.
  6. The Client acknowledges that Sink or Swim Inbound Marketing Ltd, at its sole discretion, may terminate the Client’s password, account, or use of the service, and remove and discard any content within the service, if the Client violates any part of these terms and conditions.
  7. In the unlikely event of a dispute between Sink or Swim Inbound Marketing Ltd and the Client, and if common sense and reasonableness are not apparent, the contract between Sink or Swim Inbound Marketing Ltd and the client will be terminated by Sink or Swim Inbound Marketing Ltd. If all outstanding payments have been settled, the domain name will continue to be owned by the Client with no provision for a refund.

Pricing

All Sink or Swim Inbound Marketing Ltd prices are published on our website and are in Euro, excluding VAT, unless specified otherwise.

Sink or Swim Inbound Marketing Ltd offers a 30-day money-back guarantee for shared hosting services. This does not include domain name registration, Cloud VPS, Dedicated Servers, or other non-hosting products.

Sink or Swim Inbound Marketing Ltd will not offer a refund, in full or part, if the Client cancels any service within the contract period. If the cancellation is for shared hosting services, then the 30-day money-back guarantee will apply.

No refund can be given where a domain has been registered or where a .ie domain application has been unsuccessful due to the Client’s failure to supply additional information as requested by Sink or Swim Inbound Marketing Ltd on behalf of the IEDR.

Sink or Swim Inbound Marketing Ltd may amend pricing from time to time without notice.

Pricing amendments made by third-party vendors for software licensing will, from time to time, have to be passed onto clients. Such amendments will be itemized in the client’s invoice.

Obligations of the Client

  1. You, the Client, assume sole responsibility for the registration and use of your domain name.
  2. You are required to provide accurate information for publication in directories such as WHOIS and must promptly update this information to reflect any changes.
  3. The chosen domain name must not infringe upon trademark, copyright, or other intellectual property rights of third parties.
  4. Any attempt to impersonate another company through the domain name is prohibited. If legal action arises from such behavior, you agree to indemnify Sink or Swim Inbound Marketing Ltd and acknowledge them as an innocent party in any intellectual property disputes.
  5. The domain name must not be used for illegal purposes or in a way that discredits the name of Sink or Swim Inbound Marketing Ltd.
  6. You are not permitted to assign domain names to sub-domain users without written permission from Sink or Swim Inbound Marketing Ltd.
  7. By registering a .uk or .co.uk domain, you agree to comply with the Nominet Terms and Conditions.
  8. You are responsible for maintaining the security of any passwords or security codes. Sink or Swim Inbound Marketing Ltd is not liable for actions taken under your password relating to this contract.
  9. If you require ID protection, it must be selected at the time of domain purchase for full protection. ID protection can be added later through your client area, but personal information will be visible on WHOIS until the update.
  10. You acknowledge ICANN’s role in managing and coordinating the DNS to ensure every address is unique and accessible. Further information about registrant rights and responsibilities is available on ICANN’s website.
  11. Disputes over domain registration are subject to the relevant domain resolution policy, whether under ICANN’s UDRP, IEDR’s DRP, EURid’s ADR, Nominet’s URP, or the resolution policy of other ccTLDs.

Other Important Information

– ICANN’s specifications on Registrant’s Benefits and Responsibilities.

– Educational information provided by ICANN on domain registration.

– While efforts are made to secure premium domains, Sink or Swim Inbound Marketing Ltd is not liable if a domain, initially charged at a standard rate, is later classified as a premium domain by the registry. The domain application proceeds only after the premium domain fee is paid, and clients are informed about the premium pricing in a timely manner.

Cloud and Hosting Services

These terms protect both the integrity and liability of Sink or Swim Inbound Marketing Ltd and the Client. The service is provided as per published specifications, and Sink or Swim Inbound Marketing Ltd is not responsible for any failure in storing customer communications or personalization settings beyond what is stated in these terms or agreed in writing.

Disk Space

– Hosting accounts include a specific disk space allocation. To increase disk space, upgrading to the next package is required.

– Disk space is for website and email hosting only. Sink or Swim Inbound Marketing Ltd reserves the right to remove additional backups without notice. Backups should be stored separately.

Excessive disk use and file storage on our servers may incur additional costs for continued usage of our services. Sink or Swim Inbound Marketing Ltd. will give client notice if they are approaching the limits of their account and current pricing tier prior to switching them to the next pricing tier, this includes for web traffic and visitors entering their site.

IP Address

– Accounts do not include separate IP addresses. These are available at an additional cost.

MySQL Databases

– Included in specific plans as detailed in our offerings.

Upgrades and Updates

– Sink or Swim Inbound Marketing Ltd commits to using up-to-date software and expects clients to do the same. System upgrades and updates will be communicated in advance, though critical updates may occur without notice.

Backup

– Additional backup services are offered. However, successful restoration cannot be guaranteed and depends on several factors.

Acceptance and Payment

  1. Payment for hosting services constitutes a contract for the specified period.
  2. Different server levels have specific contract and cancellation notice requirements.
  3. Invoices are sent by email, with payment options including online card payment and SEPA Direct Debit.
  4. Sink or Swim Inbound Marketing Ltd reserves the right to refuse service.

Renewal

– Renewal payments must be made before the due date to avoid service interruption. Automatic renewal can be cancelled by the client.

Additional Charges

– Charges may apply for additional services such as website transfers, email setup, website restores, DNS changes, software updates, and addressing security breaches.

Unlawful or Prohibited Usage

– Services must not be used for illegal or unauthorised activities. Security violations will result in account termination and potential legal action.

Client’s Responsibilities

– The client must provide accurate registration information and keep it updated.

– Misuse of services, including spamming and unauthorised access attempts, is prohibited.

– Hosting services should not be used to distribute or link to harmful or illegal content.

Domain Name Ownership and Renewal

Ownership of Domain Names

During the term of the client’s contractual agreement with Sink or Swim Inbound Marketing Ltd, ownership of the domain name(s) registered or managed on behalf of the client will remain with Sink or Swim Inbound Marketing Ltd**. This is to ensure continuity of service and to simplify the management and renewal processes. Clients are granted the right to use the domain name(s) for the duration of their contract, subject to compliance with the terms of this agreement and applicable laws.

Domain Renewal and Fees

Clients are responsible for all fees associated with the domain name renewals. Renewal fees may vary, particularly if a domain is classified as a premium domain by ICANN or another governing web agency after initial registration. Sink or Swim Inbound Marketing Ltd will not impose any additional administrative or handling fees for domain renewal. Clients will be provided with a 30-day advance notice of their domain’s upcoming renewal date.

Renewal charges will be processed automatically using the payment card on file through our payment processor, Stripe. It is the client’s responsibility to ensure that their payment information is up-to-date to prevent any service interruption.

Cancellation and Termination Fee

Clients wishing to cancel their domain name and/or transfer their domain and hosting services away from **Sink or Swim Inbound Marketing Ltd** must provide a 60-day notice prior to the renewal date to avoid automatic renewal charges. 

Please note that Sink or Swim Inbound Marketing Ltd remains the owner of the domain name during the contractual term. A termination fee of €500 will be charged to clients who wish to transfer their domain and hosting services away from Sink or Swim Inbound Marketing Ltd. This fee covers the administrative costs and potential loss of service associated with the transfer process.

This clause is designed to maintain the integrity and stability of the services provided by Sink or Swim Inbound Marketing Ltd and to ensure clients are aware of their rights and responsibilities regarding domain name ownership and renewal.

 

Last Updated: 16/02/2024 Sean Willekens