Gatehills Terms & Conditions
If you have any questions or complaints about these Web Hosting Terms or our Services, please contact us via creating a ticket on your Gatehills.ae client area (My Gatehills) or via email on support@Gatehills.ae.
This page (together with the documents referred to in it) tells you information about us and the legal terms and conditions (“Terms”) on which we supply any services (“Services”) listed on our website (“our site”) to you.
Please read these Terms carefully and make sure that you understand them, before ordering any Services from our site. Please note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in it.
If you refuse to accept these Terms, you will not be able to order any Services from our site.
We may amend these Terms from time to time as set out in clause 6. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time.
1. Information About Us
1.1 Please read these Terms & Conditions carefully, as they set out our and your legal rights and obligations in relation to our domain name and web hosting services.
1.2 If you have any questions or complaints about these Web Hosting Terms or our Services, please contact us via creating a ticket on your Gatehills.ae client area (My Gatehills) or via email at support@Gatehills.ae.
2. About These Terms
2.1 This page (together with the documents referred to in it) tells you information about us and the legal terms and conditions (“Terms”) on which we supply any services (“Services”) listed on our website (“our site”) to you.
2.2 Please read these Terms carefully and make sure that you understand them before ordering any Services from our site. By ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in them.
2.3 If you refuse to accept these Terms, you will not be able to order any Services from our site.
2.4 We may amend these Terms from time to time as set out in clause 6. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time.
3. How we use your personal information
3.1 We operate the website Gatehills.ae.
3.2 We are Gate Hills Technology FZE, a company registered in Ras Al Khaimah, United Arab Emirates, under company number 5004593 with our registered office address as Gate Hills Technology FZE, Dubai, UAE, and postal address at: Gate Hills Technology FZE, Dubai, United Arab Emirates.
4. Our Contract with you
4.1 These Terms and any document expressly referred to in them constitute the entire agreement between you and us (the “Contract”). You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
5. How the Contract is formed between you and us
5.1 This contract is formed exclusively under Dubai International Financial Centre law.
5.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.3 After you place an order, you may receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.4 We will confirm our acceptance to you when your services are confirmed as active in our client area and are accessible on the internet.
5.5 If we are unable to supply you with the Service ordered, for example because of a supplier issue or an error in the price on our website, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Service, we will refund you the full amount as soon as possible.
6. Our right to vary these terms
6.1 We may update these Terms periodically, particularly under the following conditions:
6.1.1 Modifications to our payment methods; and
6.1.2 Updates to comply with applicable laws and regulations.
6.2 The Terms in effect at the time you place an order for Services will govern the Contract between us.
7. Providing Services
7.1 We will deliver the Services to you starting on the date specified in the Order Confirmation and continuing until the completion date outlined in the same document. If no completion date is provided, the Services will be supplied until the Contract is terminated as per these Terms.
7.2 If the Order Confirmation specifies milestones for the Services, we will strive to meet them within the agreed timeline. However, delays may occur due to circumstances beyond our control, referred to in clause 16, which explains our responsibilities in such cases.
7.3 Certain information is required from you for us to provide the Services, such as your name, address, and contact details. We will request this information from you. If you fail to provide complete and accurate information after being asked, we may either charge a reasonable additional fee for any extra work required or suspend the Services with prior notice. We will not be responsible for delays or non-performance resulting from your failure to provide the requested information. During any suspension under this clause, you will not be charged for the suspended Services, but you remain liable for any outstanding invoices.
7.4 You are responsible for obtaining:
7.4.1 the necessary licences for any third-party software; and
7.4.2 cooperation or consent from third parties as required for the full use of the Services. We will not be responsible for delays or non-performance if you fail to provide these after being requested to do so.
7.5 We may temporarily suspend the Services to address technical issues. Where possible, we will notify you in advance unless the issue is urgent or an emergency. Any suspension does not affect your obligation to pay previously issued invoices.
7.6 If payment for the Services is not made by the due date (as per clause 11), we may suspend the Services 4 days after the due date until full payment is received. We will notify you of this via email. This does not affect our right to charge interest under clause 11.3.
7.7 Implementation and Transition
7.7.1 Services will be made available on or before the start date specified in the Order Confirmation.
7.7.2 Upon your request, we will make reasonable efforts to:
(a) assist with transferring your website from your development server, or
(b) assist with transitioning your website(s) from a third-party host.
7.8 Shared Hosting
7.8.1 If your Services include shared hosting, we will provide:
(a) hosting capacity on a shared server as specified in your package, which may be updated periodically;
(b) the ability to access, update, or modify Hosted Materials (such as websites, data, or databases) via FTP or similar means;
(c) a specified amount of disk space as per your package. For packages with unlimited disk space, usage is limited to website-related files only. Bulk file storage, such as for file sharing or backup purposes, is not allowed. Excessive usage beyond 100GB may require you to switch to specialist services like WeTransfer;
(d) a specified number of email accounts per your package. For unlimited packages, mailbox sizes should not exceed 10GB. If they do, we may request you to archive old emails locally to maintain service quality.
7.8.2 You guarantee that any materials displayed on your sites will comply with applicable laws and not include Inappropriate Content, such as material that is obscene, offensive, defamatory, or infringes on intellectual property rights.
7.8.3 We maintain administrative control over shared servers and may decline configuration change requests at our discretion.
7.9 Email Services
7.9.1 If email services are included:
(a) We will provide email services (POP3/IMAP/SMTP and webmail) as described in your Service details.
(b) Shared hosting email accounts will be protected by our Spam Experts anti-spam and anti-virus solutions.
(c) For mailboxes exceeding 10GB, we reserve the right to delete stored emails to reduce the mailbox size within the storage limit.
7.10. The Client acknowledges that the registration of a Domain is subject to third-party terms and conditions, including those from the relevant registry for the Domain extension. The Client confirms that it will at all times comply with ICANN's and any relevant registry's terms and conditions for domain registration and use. Further, the Client indemnifies both Gate Hills Technology FZE and the applicable registry for a Domain in respect of the Client's use of the Domain and any failure to comply with this Agreement or ICANN's or the registry's terms and conditions.
7.11. The Client acknowledges that domain registration and renewal services are limited to forwarding the Client's request to register or renew a domain to the relevant registry. It remains the Client's responsibility to ensure that a Domain has been registered and/or renewed with the registry.
7.12. The Client warrants that the registration of a Domain and its intended use:
7.12.1. will not infringe any third-party rights, including intellectual property rights;
7.12.2. is not made in bad faith or as an abusive registration under ICANN or any relevant registry's dispute resolution policies; and
7.12.3. will not be used for unlawful purposes.
7.13. While Gate Hills Technology FZE will make reasonable efforts to register a Domain, it is not obligated to accept any registration request or continue attempting to register a Domain if it is not capable of registration.
7.14. No guarantee is made that a particular Domain is available for registration, and Gate Hills assumes no liability for failure to register a Domain.
7.15. The registrar for a Domain may be changed at Gate Hills Technology FZE's discretion without notice to the Client.
7.16. The Client consents to their registration details being made available to ICANN, the applicable registry, law enforcement, and governmental bodies as required by law.
7.17. Certain details may be publicly available in the WHOIS database as required by ICANN or the relevant registry. The Client consents to such disclosures and waives any related claims.
7.18. If the Whois Privacy Service is not purchased, the Client must ensure their WHOIS database details are accurate. Failing this, the Domain may be suspended until the Client proves accuracy.
7.19. Some Domain extensions registered through Gate Hills may automatically have locks applied.
7.20. Efforts will be made to automatically renew a Domain subject to:
7.20.1. A valid and updated payment method on the Client's account; and
7.20.2. The Domain being set for auto-renewal in the Client's control panel.
7.21. If the above conditions are not met, Gate Hills is not obligated to renew the Domain.
7.22. Automatic renewals will ordinarily match the original registration period unless specified otherwise in the Client's control panel.
7.23. Renewal fees may be charged up to seven (7) days before the Domain's renewal date.
7.24. Domains not renewed by the due date will become expired. Grace and/or redemption periods may apply, subject to registry policies.
7.25. Clients may cancel their .ae or امارات. domains within three (3) days of registration for a full refund minus a processing fee of AED 10. No refunds are available after three days.
7.26. Other domain registrations or renewals cannot be canceled or refunded once processed by the relevant registry.
7.27. The Client is responsible for ensuring accurate Domain details at the time of registration, as errors cannot be rectified or refunded.
7.28. Ownership of a Domain is determined by WHOIS database records. Gate Hills Technology FZE may request evidence to verify ownership if WHOIS details are inconclusive.
7.29. If ownership of a Domain is disputed, the Client agrees to resolve the issue with the third party before involving Gate Hills.
7.30. Transfer requests must be supported by appropriate documentation and permissions, which may be requested before processing.
7.31. Gate Hills Technology FZE is not liable for failed or incomplete transfers and will only issue refunds for such cases upon request.
7.32. Domains not renewed by their expiration date cease to operate and are considered expired.
7.33. Expired Domains may enter a grace or redemption period depending on registry policies. Recovery is subject to fees and availability.
7.34. Expired Domains may be auctioned, parked, or transferred at Gate Hills' discretion if not renewed within the applicable grace period.
7.35. For .ae and امارات. domains, the applicable registration agreements can be found on the AEDA website. For gTLDs like .com, .net, or .org, the terms can be accessed via ICANN's website.
7.36. In case of a chargeback request, all services will be suspended pending investigation. Fraudulent chargebacks may incur an AED 250 administration fee. Clients should contact support@gatehills.com with any billing disputes before initiating a chargeback.
7.37. The Client accepts that Gate Hills Technology FZE is unable to verify or check for errors in Domain registration requests. Accordingly, the Client is solely responsible for ensuring that a Domain has the correct or intended spelling.
7.38. As set out in the General Terms and Conditions and above, Domain registrations are a bespoke purchase to the Client's specification and, accordingly, the Client, when a consumer, waives any right to a cooling-off period that may be applicable. If the Client as a consumer is not willing to waive such right, then the Client must notify Gate Hills Technology FZE, and the Domain registration will not proceed until after the applicable cooling-off period has expired.
7.39 Domain Transfer & Ownership Terms
7.40. Ownership of a registered Domain will be determined by reference to the details held on the whois database. If the whois database details are not determinative, supporting evidence may be requested to ascertain ownership.
7.41. In the event of a dispute over ownership of a registered Domain, the Client agrees to make all reasonable efforts to resolve such disputes with the third party, including before involving Gate Hills Technology FZE and at its request.
7.42. If a Client wishes to transfer ownership of a registered Domain, the Client must:
7.42.1. ensure that all necessary consents and permissions for the transfer have been obtained;
7.42.2. provide documentary evidence of all such consents and permissions;
7.42.3. accept that the transfer request may not be processed if the provided documentation does not show the transfer to be properly authorized or if the Client has not complied with this clause.
7.43. The transfer service is supplied on the basis that the Client is responsible for obtaining the authorization code and ensuring the transfer is completed as specified. If the transfer is canceled, the Client will be responsible for requesting a refund for the incomplete transfer, if applicable.
7.44. The transfer of a gTLD Domain may require a manual process. In this case, the Client agrees to pay the applicable manual transfer fee as stated on the website and updated periodically.
7.45. Upon transfer, the Client can select to register the transferred domain for a minimum term of one year up to a maximum of ten years, on certain domains. The Client acknowledges that the maximum terms for specific domains may vary and are available on an “as is” basis.
7.46. A domain name owned or managed by the Client may be attached to the AEDA tag of Gate Hills Technology FZE or its Associated Companies only if the Client has an active hosting account or holds the domain name within the company's account.
7.47. When transferring ownership of a registered Domain to another person or registering on behalf of someone else (the “Transferee”), the Client will confirm and provide proof that the Transferee agrees in writing to the terms of the Agreement, if requested.
7.48. Ownership transfer will not occur until all Fees due for associated services have been paid by the Client.
7.49. In the event of a trademark or brand infringement complaint, the Domain may be placed on hold and moved into a holding account by Gate Hills Technology FZE, pending resolution of the issue.
7.50. Upon receiving matching documentation from the WHOIS details, Gate Hills Technology FZE may move the Domain into a holding account and place a registrar hold until the dispute is resolved.
7.51 With documentation provided to Gate Hills Technology FZE by both parties proving the same. This documentation may include a court order, an email/letter/legal document from the current domain holder and the complainant both stipulating the transfer of the domain to the complainant.
7.52. For all applicable gTLDs, the Client agrees that Gate Hills Technology FZE will act as a Designated Agent, in accordance with ICANN's Transfer Policy, whenever a request is made to update the registrant contact details associated with a Domain. The Client expressly authorises Gate Hills Technology FZE to approve a change of registrant or any change to the registrant's details on their behalf.
7.53. The Client acknowledges and accepts that if Gate Hills Technology FZE takes an action on a Domain as a Designated Agent, the Domain will be opted out from any 60-day transfer lock period.
Expired Domains
7.54. If a domain name is not renewed by its expiry date, it will cease to operate and be deemed expired.
7.55. A registered Domain will expire if payment cannot be taken from the method stored in the Client's account, if the Client has set the Domain to expire, or if the Client fails to renew the Domain manually by the renewal date.
7.56. The Client is responsible for ensuring that the email address stored in their account is up to date and can receive renewal reminders.
7.57. After expiry, a domain may enter a grace and/or redemption period. However, certain registries do not allow these periods.
7.58. Domains from registries that don't allow grace or redemption periods may not be recoverable after expiry. In these cases, the agreement for that Domain will terminate immediately without liability, and no recovery will be attempted.
7.59. The Client acknowledges that three (3) calendar days after the expiry date, Gate Hills Technology FZE may, at its discretion:
- Renew the Domain
- Park the Domain on different name servers, including Gate Hills Technology FZE's name servers
- If the relevant registry does not allow grace or redemption periods, clause 7.60 will apply.
7.60. If the registry allows a grace period, the Client has up to 28 days following the Domain's expiry (the Grace Period) to contact us for renewal, provided the renewal fee is paid in full and cleared funds.
7.61. Once the renewal fee is received within the Grace Period, ownership will be retained, and the Domain will be restored to the Client's control panel as soon as possible.
7.62. After the Grace Period, we may take actions such as:
- Auction the Domain
- Change the contact details
- Transfer the Domain
7.63. If the renewal fee is not received during the Grace Period, the agreement will terminate immediately without liability.
7.64. If a redemption period is allowed, the Client agrees to pay both the redemption and renewal fees if the Domain is renewed after the Grace Period. Redemption periods and fees vary depending on the registry, and details can be found here.
7.65. The Client understands that we are not obligated to take action to renew or recover a Domain in the Redemption Period unless both fees are paid.
7.66. Gate Hills Technology FZE strives to renew Domains on behalf of the Client, but there is no guarantee of success. It is the Client's responsibility to verify the Domain renewal using the WHOIS database or other sources.
7.67. The Client agrees to the applicable domain name registration agreement for the relevant domain extensions: for .ae and امارات domains, www.icann.org for .com, .net, .org, .info, .biz domains, and www.nominet.org.uk for .uk domains.
Chargeback and Fraud Prevention
7.68. In the event of a chargeback request, all services will be suspended pending investigation. If fraud is suspected, non-customers should contact support@gatehills.com for assistance. Existing customers should contact us directly with any billing issues before contacting their financial institution. Chargebacks raised in bad faith will incur a AED 250 administration fee.
Free Domains
7.69. Some hosting packages include a free domain registration or transfer. This applies to certain domain extensions and may vary. We reserve the right to allow or disallow the free registration or transfer. All other extensions will incur additional costs. Any fee reductions for alternate extensions must be agreed in advance.
7.70. The free domain offer applies only to the first year and to standard domains like .ae and .com, excluding premium TLDs such as .dubai.
7.71. The free domain is a welcome gift, selected at checkout with hosting, and can't be redeemed after the initial purchase.
7.72. Free domains are only available to new hosting accounts. Switching or upgrading from another package does not qualify.
7.73. If hosting is refunded, the cost of the free domain will be deducted, as the domain remains the Client's to keep until expiry.
8. ae and امارات Domain Name Registrant Agreement
By registering a .ae or .امارات (dotEmarat) Domain Name, you enter into a Registrant Agreement with Gate Hills Technology FZE and a Domain Name Licence with the TRA. If you do not agree to any conditions in the Registrant Agreement or Domain Name Licence, do not proceed with registration. A copy of the Registrant Agreement is provided below.
1. Registrar's Agency The Registrar will act as an agent for the .aeDA solely to enable the .aeDA to receive the benefits of the rights and obligations under this agreement.
2. Registration of Domain Names 2.1. A Domain Name application must be submitted according to the .aeDA Policies, and the Domain Name must comply with these policies.
2.2. Neither the Registrar nor the Registrant has proprietary rights to:
- The Registered Name;
- The entry of the Domain Name in the Registry Database.
2.3. All personal information related to the Registrant is held by the .aeDA for the benefit of the public in the UAE.
3. Registrant Information The Registrant grants the following rights:
3.1. The .aeDA has the right to publicly disclose all information related to the Registered Names in accordance with .aeDA Policies available on their website.
3.2. The Registrar has the right to disclose necessary information to the .aeDA Registry to register the Domain Name.
3.3. The .aeDA Registry may disclose publicly all information related to the Registered Name to maintain the public WHOIS service in accordance with .aeDA Policies.
4. Change of Registrar 4.1. The Registrar must ensure the Registrant can easily transfer the Domain Name to another Registrar, in line with the .aeDA Policies, which include:
- Maximum fees chargeable by the Registrar;
- Circumstances under which fees are not chargeable;
- Conditions under which the Registrar must transfer the Domain;
- Conditions under which the Registrar is not required to transfer the Domain.
4.2. If:
- The Registrar is no longer accredited;
- The Registrar's Accreditation is suspended or terminated;
- The Registry-Registrar Agreement (RRA) is terminated by the .aeDA;
The Registrant is responsible for transferring the Domain Name to a new Registrar within 30 calendar days of receiving written notice from the .aeDA.
5. Registrar's Obligations 5.1. The Registrar must notify the Registrant in writing if:
- The Registrar is no longer accredited;
- The Registrar's Accreditation is suspended or terminated;
- The Registry-Registrar Agreement (RRA) is terminated by the .aeDA.
5.2. The .aeDA may post notices about these changes on their website and notify the Registrant as appropriate.
6. Registrant's Obligations 6.1. The Registrant agrees to:
- Comply with .aeDA Policies;
- Notify the .aeDA Registry, through the Registrar, of any changes to Registrant Data.
6.2. The Registrant must not:
- Register a Domain Name to divert trade from another business;
- Register misspelled names of another entity for commercial gain;
- Hold a Domain Name without using it to block another Registrant from registering it.
6.3. The Registrant must not:
- Transfer or claim proprietary rights to any Domain Name Registration;
- Use the Domain as security or encumber it in any way.
6.4. The Registrant will immediately enter into a Domain Name Licence with the .aeDA upon request.
7. Dispute Resolution
7.1. The .aeDA has established the aeDRP (the .ae Dispute Resolution Policy) to resolve disputes between the Registrant and third parties regarding the ownership of the Domain Name. Both the Registrar and the Registrant agree that the aeDRP applies.
8. Registrant Warranties 8.1. The Registrant warrants that they meet the Eligibility criteria outlined in the .aeDA Policies. If the Registrant no longer meets these criteria, the Domain Name Licence may be terminated.
8.2. The Registrant agrees that all information provided to the Registrar for Domain Name registration is true, complete, and correct. The .aeDA or Registrar may cancel the Domain Name registration if any of the warranties are not met.
8.3. The Registrant also warrants that they have not previously attempted to register a Domain Name identical to the one being registered, using the same Eligibility criteria, with another Registrar.
9. Liability
9.1. The Registrant agrees not to pursue any claims against the .aeDA related to this agreement or the Domain Name. The .aeDA is not liable for any direct, indirect, special, or consequential damages arising from breaches by the Registrar.
9.2. The Registrant acknowledges that if the Registrar has outstanding fees to the .aeDA, it may terminate the Registry-Registrar Agreement (RRA).
9.3. The Registrant accepts that the .aeDA is not responsible for Domain Name usage or any conflicts, disputes, or claims related to trademarks, business names, or other intellectual property.
9.4. To the fullest extent permitted by law, the .aeDA will not be liable for any consequential, indirect, or special losses or damages, including lost profits, data corruption, or business interruptions.
9. Intellectual Property Rights
9.1 For the purpose of this Contract, “Intellectual Property Rights” shall mean all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, whether registered or unregistered and including all applications for and renewals or extensions of such rights.
9.2 You retain all Intellectual Property Rights in the software and materials that you provide to us and you grant us a license to such Intellectual Property Rights to the extent required for us to perform our obligations pursuant to this Contract.
9.3 All Intellectual Property Rights in any works arising in connection with the performance of the Services by us (the “Works“) shall be our property, and we hereby grant to you a non-exclusive license to such Intellectual Property Rights for the sole purpose of receiving the benefit of the Services.
10. If there is a problem with the Services
10.1 In the unlikely event that there is any defect with the Services:
10.1.1 please contact us through the helpdesk or via email and tell us as soon as reasonably possible (including details of your name, the respective domain name and server);
10.1.2 please give us a reasonable opportunity to repair or fix any defect; and
10.1.3 we will use every effort to repair or fix the defect as soon as reasonably practicable and, in any event, within 1 working day.
You will not have to pay for us to repair or fix a defect with the Services under this clause 10.1.
10.2 If you are a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Trading Standards office. Nothing in these Terms will affect these legal rights.
11. Price of Services
11.1 The prices of for the Services will be as quoted on our site from time to time.
11.2 Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
11.3 The price of a Service excludes VAT (where applicable) at the applicable current rate chargeable in the UAE for the time being.
11.4 Our site contains a number of Services. It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of the Services you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.
12. How to Pay
12.1 You can only pay for the Services using a debit or credit card, or Bank Transfer. We accept the following cards: Visa, MasterCard.
12.2 Payment for the Services is in advance and may be made (i) monthly; (ii) annually; or (iii) triennially in advance, as specified in the Order Confirmation. We will not charge your debit card or credit card until we send you an Order Confirmation.
12.3 Adding your card to file authorises us to auto bill you on your due date. You can manage this via your client area.
13. Termination
13.1 Either party (the “Non-defaulting Party“) shall be able to terminate this Contract immediately in the event that the other:
13.1.1 commits a material breach of any of its obligations under this Contract and has not remedied such breach (if capable of remedy) within twenty eight days of request from the Non-defaulting Party for remedy by serving written notice; or
13.1.2 is subject to any winding up order or resolution, has any provisional liquidator appointed to it, has a receiver appointed or is the subject of an application made to court for an administration order or if a notice of intention to appoint an administrator is filed or an administration order made in respect of it.
13.2 Without prejudice to any rights that have accrued under a Contract or any of its rights or remedies, either party may terminate a Contract on giving not less than 30 days written notice to the other party. Notwithstanding the foregoing, if you have agreed and paid for an annual Service, we shall not be obliged to refund any pro rated payments if you cancel during the annual term.
13.3 An account may be terminated with immediate effect if abusive behaviour is directed at staff.
14. Consequences of Termination
14.1 Other than as set out in these Terms, neither party shall have any further obligation to the other under a Contract after its termination.
14.2 Any provision of these Terms which expressly or by implication is intended to come into or continue in force on or after termination of a Contract shall remain in full force and effect.
14.3 Termination of a Contract, for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.
14.4 If a Contract is terminated pursuant to clause 13.2 or by you pursuant to clause 13.1:
14.4.1 we will promptly provide to you an electronic copy of the Hosted Materials; and
14.4.2 we will provide such assistance as is reasonably requested by you to transfer the hosting of the Hosted Materials to you or another service provider, subject to payment of our reasonable expenses.
15. Our liability if you are a business
This clause 14 only applies if you are a business customer.
15.1 Nothing in these Terms limit or exclude our liability for:
15.1.1 death or personal injury caused by our negligence;
15.1.2 fraud or fraudulent misrepresentation; or
15.1.3 any other area where it would be unlawful or invalid to seek to exclude liability.
15.2 Subject to clause 14.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
15.2.1 any loss of profits, sales, business, or revenue;
15.2.2 loss or corruption of data, information or software;
15.2.3 loss of business opportunity;
15.2.4 loss of anticipated savings;
15.2.5 loss of goodwill; or
15.2.6 any indirect or consequential loss.
15.3 Subject to clause 14.1 and clause 14.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services.
15.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
16. Our liability if you are a consumer
This clause 15 only applies if you are a consumer.
16.1 Nothing in these Terms limit or exclude our liability for:
16.1.1 death or personal injury caused by our negligence;
16.1.2 fraud or fraudulent misrepresentation; or
16.1.3 any other area where it would be unlawful or invalid to seek to exclude liability.
16.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but subject to clause 15.1 above, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
16.3 We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purposes, and subject to clause 15.1 above, we have no liability to you for any
16.3.1 loss of profits, sales, business, or revenue;
16.3.2 loss or corruption of data, information or software;
16.3.3 loss of business opportunity;
16.3.4 loss of anticipated savings; or
16.3.5 loss of goodwill.
16.4 Subject to the foregoing, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services.
17. Indemnity
17.1 You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:
17.1.1 any breach by you of the warranties contained in clause 7; and
17.1.2 any claim made against us for actual or alleged infringement of a third party's Intellectual Property Rights arising out of or in connection with the our use of software and/or other materials provided by you.
18. Events outside our control
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
18.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
18.3.1 we will contact you as soon as reasonably possible to notify you; and
18.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
19. Communications between us
19.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
19.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail at support@Gatehills.ae. We will confirm receipt of this by contacting you in writing, normally by e-mail.
19.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
19.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
20. Other important terms
20.1 This Contract constitutes the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.
20.2 Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this Contract. Neither you nor we shall have any claim for innocent or negligent misrepresentation based upon any statement in this Contract.
20.3 You may not assign or transfer any of your rights or obligations under this Contract, in whole or in part, without our prior written consent.
20.4 If any court or competent authority finds that any provision of this Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Contract shall not be affected.
20.5 If any invalid, unenforceable or illegal provision of this Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
20.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.7 These Terms and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of the UAE.
20.8 The parties irrevocably agree that the courts of the United Arab Emirates have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
20.9 Calls may be recorded for training purposes.
20.10 Our DDoS protection is a network wide solution that covers all of our infrastructure. It is capable of mitigating the majority of DDoS attacks, but if the attack is large enough then i.p addresses, servers or websites may be black-holed or removed from the internet whilst the attack is in progress.
