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Thread: UK TOS question

  1. #1

    UK TOS question

    Hi all
    This is my first post, please be patient

    I was wondering if there were any UK based resellers out there who get their hosting from a US based company.

    After researching this I can't see any downside to it.
    The only question I have was regarding the TOS of the original host because obviously they are governed by US law.

    Does this make any difference to UK based resellers, and did you have to make any changes to the TOS that your original host provided you with (apart from the obvious).

    Cheers
    Dice

  2. #2
    i would say there are various laws which are different but most of the laws will be very similar. Its worth checking out places like 1and1 who are a uk based business.

  3. #3
    Join Date
    Mar 2004
    Location
    Pennsylvania, U.S.A.
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    1,579

  4. #4
    Join Date
    Mar 2001
    Location
    London, England
    Posts
    334
    Originally posted by MikeC
    i would say there are various laws which are different but most of the laws will be very similar. Its worth checking out places like 1and1 who are a uk based business.
    They are a German business with a UK subsidiary. And in any case how could 1and1 help the thread starter?
    Mark Castle
    Secura Hosting Ltd
    www.capitalethernet.co.uk
    My views are my own and not those of my company.

  5. #5
    Join Date
    Feb 2004
    Location
    Glasgow, Scotland
    Posts
    7
    I'm based in the uk and use hosting supplied for US business. The main reason is that UK bandwidth is slow and expensive. While the ping times to the US are slower, the throughput of data is higher and cheaper. Plus, of all my customers, only 6 are UK based. The rest come form all over the world not just the US.

    wrt TOS. Well if your host goes belly up or scams you, then your only recourse is via the US courts. The UK consummer laws don't apply to pruchases form abroad. So if the host does a runner with your money, you won't have the same rights as if they were uk based.

    As for the TOS that you use for your customers. Well there will be several additions. For example, UK distance selling regulations require you to clearly publish your contact details and a method for customer to obtain a refund. The refund period require may varry depending on how you sell the service. But it's generally no more than 30 days for any reason you must give a refund. Also the Data protection act applies to all the details you collect from customers. So a properly worded Privacy Policy is required in most cases. There is also a difference for the UK in how acceptance to a TOS is confirmed. You have to display the TOS prior to order (not just link to it) and you have to have some sort of positive act of acceptance e.g. [] check this box to confim that you agree to these terms and conditions. While failling to do this won't be breaking the law, you may find that you TOS becomes invalid should you try to enforce it if the confirmation has not been done properly.

  6. #6
    Cheers guys.
    I think I need to a bit more business research first.

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