Terms of Use

uphost.co.uk welcomes you. Thank you for choosing to access and use our Service made available to you through our website located at www.uphost.co.uk (Website) or through our mobile application (App).

• 1. We provide access to and use of our Service subject to these Terms and Conditions. Your use of our Website and/or our Service, registering to use our Service, or clicking a box that states that you accept and/or agree to our Terms and Conditions, is as an acknowledgement that you have read, understood and agree to be legally bound our Terms and Conditions and our Privacy Policy which is hereby incorporated into our Terms and Conditions. Please read these Terms and Conditions (incorporating our Privacy Policy) before using our Website and/or our Services. If you do not agree to any terms in these Terms and Conditions or our Privacy Policy, then please do not use our Service.
  2. Our Service and Website are operated and provided by Uphost Ltd a limited company registered in England (company number 11599657) trading under the name uphost.co.uk (upHost or we or us or our). Our business is based in England and our registered office is at The Base Dallam Lane, Warrington, Cheshire, England, WA2 7NG. Our VAT registration number is GB307089700.
  3. We may change our Terms and Conditions from time to time without notice to you and will post any changes on our Website. By continuing to use the Service after we make any such changes to the Terms and Conditions, you are deemed to have accepted such changes.
  4. If you have any questions regarding these Terms and Conditions please contact us at [email protected].
  5. We provide conference call services (Service). Our Website is provided for the benefit of customers interested in or registered and/or subscribed to use our Services (as applicable). Our Website is run from England and through our service providers who may or may not be based in England.

1. Uphost will provide you (or any entity for which you have the authority to act) (you or Subscriber) access to, and use of, the Service subject to these Terms and Conditions.
2. Whilst Uphost will provide the Service with reasonable care and skill in line with acceptable industry standards of a conference call provider, we can never guarantee that the Service will be fault-free or uninterrupted,
3. Uphost will always aim to rectify any interruptions to the Service and remedy faults as soon as reasonably practicable.
4. Uphost cannot guarantee full availability of the Service at all times. We reserve the right to suspend access to the Website, App and/or Service for operational reasons such as repairs, maintenance, upgrading the functionality of the Service, the Website or the App or for the introduction of new services. We shall endeavour to limit the frequency and duration of these disruptions.  Occasionally the Service may not be available for circumstances beyond our reasonable control.

1. To use our Service you will need to create an account and complete the registration process at https://uphost.co.uk/get-started/ (Registration).
2. You warrant and represent to us that the details you provide to us during Registration are accurate, complete and up-to-date. We will hold and treat such information in accordance with the terms of our Privacy Policy.
3. If you or your Participants use a mobile telephone to access our Service, we may need to send SMS messages. You may opt out of this service by replying STOP to the SMS message or by contacting us at [email protected].
4. To ensure that your contact information is accurate and up to date, you agree to immediately notify us of any changes to the information that you provided to us at Registration.
5. By applying to register and/or completing Registration, you warrant and represent to us that:
   – where you are acting on behalf of a business, you are authorised to act on behalf of that business for the purposes of registration and use of our Service;
   – you are eighteen (18) years of age or older.

1. We accept no liability for any breach of your obligations under these Terms and Conditions. We are in no way responsible for your use of the Service.
2. The Subscriber and/or Authorised Users may invite third parties to use the Service (Caller) and you agree that you will not, and you will not permit or engage any Authorised User or Caller or any other person to:
3. use the Service in any way that is unlawful or breaches any applicable local, national or international law or regulation or has any unlawful or fraudulent purpose or effect;
4. reproduce, duplicate, copy or resell any part of the Website, App or Service;
5. access without authority, interfere with, damage or disrupt any part of any software used in the provision of the Service;
6. send, use or reuse any material that infringes any third party intellectual property rights, is abusive, unlawful, pornographic, libellous, racist or discriminatory in any way;
7. transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form or similar solicitation.

1. You acknowledge that each Authorised User must also agree to these Terms and Conditions (incorporating the Privacy Policy) prior to use and that you will be responsible for ensuring compliance by each Authorised User with these Terms and Conditions and for any breach of these Terms of Conditions by any Authorised User.
2. The Subscriber is solely responsible for the information contained in any data or content inputted by the Subscriber or any Authorised User (Subscriber Data). You acknowledge, agree and accept that Uphost shall not, under any circumstances, be responsible for the use or misuse of any Subscriber Data carried out by the Subscriber or any Authorised User or other third party.
3. Subscriber warrants and represents that it either owns or has the right to provide all Subscriber Data. Subscriber hereby grants to Uphost a non-exclusive, transferable, royalty-free license to use the Subscriber Data for the sole purpose of providing the Service and as otherwise described in these Terms and Conditions (incorporating our Privacy Policy).
4. We will hold and use all Subscriber Data subject to the terms of our Privacy Policy.

1. You acknowledge and agree that we and/or our licensors own all legal rights, title and interest in and to the Service, the Website, the App and any information, data, software, graphics, and interactive features contained therein, including all modifications, improvements, adaptations, enhancements, or translations made thereto, and all proprietary rights in any of the foregoing (collectively, Uphost IP), shall be and remain the sole and exclusive property of Uphost Ltd (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
2. All websites built by Uphost Ltd will remain under our ownership for a 24-month period. After this time, ownership of the website will transfer to the client. Following the 24-month period, we will continue to provide the same level of service; however, the client will have the option to transfer the site to another provider if they choose.

1. On Registration, you will be asked to provide the following:
2. valid credit/debit card details in respect of which you are authorised to give payment authority

1. We may suspend access to or use of all or part of the Service and/or terminate our agreement with you immediately without notice:
   • for any of the reasons set out in these Terms and Conditions;
   • if there is a technical failure to the Service;
   • it is necessary for the security of the Service;
   • if you materially breach these Terms and Conditions;
   • we believe that the Service is being used in a way forbidden or otherwise not permitted by these Terms and Conditions (this applies even if you do not know that the Services are being used in such a way);
   • you fail to get your negative account balance up to date within 10 days of a request to do so;
   • if you become insolvent (or suffer or incur any event or circumstances analogous to insolvency); or
   • for any other reason without cause.
2. During a suspension of the Service these Terms and Conditions shall continue to apply.
3. If we suspend your access to the Service as a result of your actions, access will not be restored until we are satisfied that you will only use the Service in accordance with these Terms and Conditions.
4. We shall use reasonable endeavours to inform you of such suspension and/or termination as soon as reasonably possible and explain why we have taken this action.
5. You acknowledge and agree that if we suspend access to your user account, you may be prevented from accessing the Service, your account details or any files or other content contained in your account.
6. You may terminate your agreement with us at any time by deleting your account in the Uphost Ltd profile panel on the Website or App.
7. Upon termination of your agreement with us, any positive balance in your account shall be refunded to you within 14 days and any outstanding charges due to your account being in negative balance will become due to us immediately.

1. Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury arising from our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be limited or excluded by law.
2. Subject to 1 above, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
   • your use of, or inability to our the Service;
   • your reliance on any information displayed on the Website
   • loss of profits, sales, business or revenue, business opportunity, contracts, goodwill and/or anticipated savings;
   • indirect or consequential loss or damage;
   • loss suffered that is avoidable through your reasonable conduct.
3. We will not be liable to you for any breach of or delay in the performance of our obligations under these Terms and Conditions to the extent that the breach is directly or indirectly due to circumstances beyond our reasonable control, including, but not limited to fire, flood, storm, other natural event, act of God, explosion, lock-out, strikes, civil disturbance or war.
4. Subject to 1 above, our maximum aggregate liability to you arising out of or in connection with these Terms and Conditions whether in contract, tort, misrepresentation, under statute or otherwise, howsoever caused, including by negligence and/or arising from a breach of, or a failure to perform the Service or otherwise in relation to the Service shall be limited to an amount not exceeding the value of charges paid by you to us in connection with the cost of the call in question.

1. You shall defend, indemnify and hold harmless us and our respective officers, and directors against all losses, costs, damages, and expenses (including legal costs) suffered or incurred by us and arising out of or in connection with any claim or demand made or threatened arising out of or in relation to your use of the Service, including the use by any Authorised User or Caller of the Services in breach of these Terms and Conditions.

Please read our Privacy Policy and Cookie Policy to see how we process your personal information and protect your privacy when you use our Service and submit your information or data to us.

1. No rights are granted to any third parties under or in connection with these Terms and Conditions pursuant to the Contracts (Rights of Third Parties) Act 1999.
2. Any failure or delay by us to enforce any of the provisions of these Terms and Conditions and exercise any of the rights and remedies contained herein or by law, shall not be deemed to be a waiver of those provisions or rights or remedies or any other rights or remedies, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
3. If any provision (or part of a provision) of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
4. These Terms and Conditions are governed by and shall be construed in accordance with English law and you and we hereby submit to the exclusive jurisdiction of the English courts.