Email Hosting Terms

In plain English

We provide business email on your domain through Fastmail, a specialist email provider, as an authorised Fastmail reseller. We set up your mailboxes, look after them and give you one bill and one place to ask for help. Fastmail runs the email service itself, so their Terms of Service apply as well as ours, and you agree to both. Email is for people writing to people: no spam, no bulk marketing and no automated or transactional email. Your email belongs to you, and it is stored in Amsterdam, inside the EU. You pay monthly per mailbox and can add or remove mailboxes whenever you like. If you leave, we'll help you move your email elsewhere for free, but you must take it before your account closes, because Fastmail deletes it shortly afterwards.

This summary is provided for convenience only. The full terms below take precedence in all cases.

1. About These Terms

1.1 These Email Hosting Terms ("Terms") apply when Geeky Code Ltd ("Company", "we", "us", or "our"), a company registered in England and Wales (Company Number: 12200751), with its registered office at 24 Downsview, Chatham, Kent, ME5 0AP, United Kingdom, provides email hosting to a business customer ("you", "your", "Client").

1.2 Your order, whether a quote you accept, a package you request through our website or a request you confirm in writing (the "Order"), and these Terms together form the contract between us (the "Agreement"). If they conflict, the Order takes precedence.

1.3 These Terms are for business customers only. They do not apply to consumers.

1.4 Domain names are covered by our separate Domain Name Terms, website design and development work by our Web Design Terms, website hosting by our Website Hosting Terms, and our SaaS products by our SaaS Terms.

2. How the Service Works

2.1 Our role – We do not run our own email servers. The email service is provided by Fastmail Pty Ltd, a company registered in Australia ("Fastmail"), and we resell it to you as an authorised Fastmail reseller. We set up your account and mailboxes, manage them for you, bill you and provide your support.

2.2 Fastmail's terms – Your use of the email service is also subject to Fastmail's Terms of Service and the policies they refer to (together, "Fastmail's Terms"). By ordering email hosting from us, you agree to Fastmail's Terms, and you must make sure that everyone who uses one of your mailboxes follows them. If anything in these Terms conflicts with Fastmail's Terms about how the service may be used, Fastmail's Terms take precedence.

2.3 Who you deal with – Your contract for the email service is with us, and you pay us, not Fastmail. Fastmail is not responsible for anything we do or fail to do, and we are not responsible for Fastmail's service except as these Terms say.

2.4 Age of users – Fastmail's service is only for people aged 18 or over. You must not give a mailbox to anyone under 18.

3. Plans and Mailboxes

3.1 Plans – Mailboxes are provided on the plans described on our hosting page or in the Order, currently Mail and Mail Pro. Each plan has its own storage allowance and features.

3.2 At least one Mail Pro mailbox – Every email account must include at least one Mail Pro mailbox. Standard Mail mailboxes can then be added alongside it.

3.3 Changing your package – You may add or remove mailboxes, or move a mailbox from Mail to Mail Pro, at any time by asking us. We will adjust your next invoice to match.

3.4 Storage and limits – Each mailbox has a storage allowance. When a mailbox is full, new messages may not be delivered or saved. Fastmail also applies limits, such as on how much email can be sent, to protect the service from abuse. We will tell you if a mailbox is close to its allowance, but it is your responsibility to keep within it or move to a larger plan.

3.5 Changes to the service – Fastmail may change, add or remove features of the email service from time to time. We will tell you about any change that materially reduces what your plan includes.

4. Setup and DNS

4.1 Your domain – To use email on your own domain, you need a domain name, registered through us or elsewhere.

4.2 DNS records – Email only works if the domain's DNS records (MX, SPF, DKIM and DMARC) point to Fastmail. Where we manage the domain's DNS, we will set these up for you. Where someone else manages it, we will tell you the records needed, and it is your responsibility to make sure they are added and kept in place.

4.3 Migration – Where the Order includes it, we will copy your existing email, contacts and calendars from your current provider. You must give us the access we reasonably need to do this, and keep your old service running until we confirm the move is complete.

5. Acceptable Use

5.1 People writing to people – The service is for normal business email that people expect to receive and read. It is not designed for automated, transactional or bulk email.

5.2 What you must not do – You must not, and must make sure your users do not, use the service to:

• send spam, unsolicited bulk or commercial email, chain letters or other unsolicited or duplicated messages;
• send newsletters or marketing campaigns, or automated or transactional email such as order confirmations or password resets, to people outside your organisation;
• "warm up" email addresses or test deliverability in order to get around spam filters;
• collect, store, process or forward large volumes of automated messages or logs;
• collect email addresses or other personal information without consent;
• impersonate anyone, send phishing messages or distribute malware;
• do anything unlawful, or that infringes anyone else's rights; or
• place an unreasonable load on, or otherwise interfere with, the service.

5.3 Sending in bulk – If you need to send newsletters or transactional email, you should use a service designed for it. We can help you choose and set one up.

5.4 Breach – Fastmail may suspend or close any account it believes is being used to send spam or is otherwise breaching Fastmail's Terms, immediately and without warning. If that happens because of how you or your users used the service, we are not responsible for it, and fees already paid are not refunded.

6. Accounts and Security

6.1 Your users – You are responsible for everything done through your mailboxes, and for making sure each user keeps their password and other sign-in details secure. We strongly recommend that every user turns on two-step verification.

6.2 Tell us about problems – You must tell us straight away if you think a mailbox has been accessed without permission, so that we can help secure it.

6.3 Our access – As your reseller, we can create, change, suspend and delete the mailboxes in your account on your behalf. We will only do so when you ask, when it is needed to provide or support the service, or when Fastmail or the law requires it. We will only look at the contents of a mailbox with your permission, or where the law requires it.

6.4 Who can instruct us – We will take instructions about your account from the person named in the Order and anyone else you authorise in writing. You must tell us when someone stops being authorised, for example when they leave your organisation.

7. Fees and Payment

7.1 Fees – Fees are charged per mailbox, per month, at the prices set out in the Order or our current price list. All fees are exclusive of VAT, which is added where applicable.

7.2 Billing – Fees are invoiced monthly or yearly, as set out in the Order, in advance. Invoices are due within 14 days of the invoice date.

7.3 Price changes – We may change our prices, for example if Fastmail changes its prices to us, by giving you at least 30 days' notice in writing. The new price applies from the first invoice after the notice period ends, and for yearly plans only from your next renewal.

7.4 Unpaid invoices – If an invoice is more than 30 days overdue, we may suspend your mailboxes after giving you at least 7 days' written notice. We will restore them once the overdue amount is paid.

7.5 Refunds – Fees are not refunded for part of a billing period, or for mailboxes removed partway through one.

8. Your Data

8.1 Your email belongs to you – Neither we nor Fastmail claim any ownership of the email, contacts, calendars, files or other data in your account ("Your Data").

8.2 Keep your own copies – Fastmail runs the service on resilient infrastructure, but neither we nor Fastmail guarantee that Your Data will never be lost. Any archive or retention features of your plan are there to help you, not as a backup. You are responsible for keeping your own copies of anything you cannot afford to lose, and we can help you set this up.

8.3 Retention and legal obligations – You are responsible for deciding how long your organisation keeps email, and for meeting any legal obligations you have to keep or delete it.

9. Data Protection

9.1 Our roles – For the personal data in your mailboxes, you are the controller, we are your processor and Fastmail is our sub-processor. We process that data only to provide the service and on your instructions, as set out in our Data Processing Agreement.

9.2 Where your email is stored – Your Data is stored in Fastmail's data centre in Amsterdam, the Netherlands, inside the European Union. The UK recognises the EU as giving personal data an adequate level of protection, so storing it there needs no further safeguards. We will give you at least 30 days' notice in writing before your email is moved to a data centre outside the UK or EU.

9.3 Access from elsewhere – Fastmail's staff, and the related companies that help it run the service, may access data from other countries, including the United States and Australia, for example to provide support or keep the service secure. Fastmail protects this access using the Standard Contractual Clauses and the other safeguards described in its Privacy Policy and Data Protection Agreement. By ordering email hosting, you authorise these transfers.

9.4 Our own data about you – We handle the personal data we hold about you, such as your contact and billing details, as described in our Privacy Policy.

10. Support and Availability

10.1 Support – We provide support for the email service by email during business hours, Monday to Friday, 9am to 5pm UK time, excluding public holidays. We will raise anything we cannot fix ourselves with Fastmail and keep you updated.

10.2 Availability – Fastmail aims to keep the service available at all times, but neither we nor Fastmail guarantee that it will be uninterrupted or error-free. The service may be unavailable during maintenance or for reasons outside our control.

11. Leaving

11.1 Moving your email – You may move your email to another provider at any time. We will help you export your mail, contacts and calendars, or give a new provider the access it needs to copy them, at no charge.

11.2 Moving to Fastmail directly – If you would rather deal with Fastmail directly, you can ask us to transfer your account to you, so that you keep your mailboxes and Your Data as they are and pay Fastmail instead of us.

11.3 Take your data before you go – When an account or mailbox is closed, access to it ends immediately, and Fastmail deletes the data in it shortly afterwards (currently within about seven days). Neither we nor Fastmail are obliged to keep it or give you a copy after closure. You must export or move anything you want to keep before we close it, and we will remind you of this before we do. Fastmail may keep a closed address reserved for up to 12 months to prevent anyone else from impersonating it.

12. Limitation of Liability

12.1 Nothing in the Agreement limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.

12.2 Subject to section 12.1, we are not liable for any loss of profits, revenue, business, goodwill or anticipated savings, for any loss, corruption or non-delivery of email or other data, or for any indirect or consequential loss.

12.3 Subject to section 12.1, we are not liable for any failure, delay, outage or data loss caused by Fastmail, by your DNS provider, or by anyone else outside our control, or for any action Fastmail takes under Fastmail's Terms.

12.4 Subject to section 12.1, our total liability under or in connection with the Agreement, whether in contract, tort (including negligence) or otherwise, is limited to the email hosting fees paid by you in the 12 months before the event giving rise to the claim.

12.5 You agree to indemnify us against any claim by Fastmail or any other third party arising from a breach of section 5 by you or your users.

13. Termination

13.1 By you – You may end the Agreement, or remove individual mailboxes, at any time by telling us in writing. Monthly plans end at the end of the current month, and yearly plans at the end of the current year.

13.2 By us – We may stop providing email hosting by giving you at least 60 days' notice in writing. If we do, we will help you move your email under section 11 before the end of the notice period. If our arrangement with Fastmail ends for reasons outside our control, we will give you as much notice as we reasonably can.

13.3 For breach – Either of us may end the Agreement immediately by written notice if the other materially breaches it and, where the breach can be put right, does not put it right within 14 days of being asked to. We may also end it immediately if Fastmail closes your account for a breach of Fastmail's Terms.

13.4 Sections 7, 8, 11.3, 12 and 14 continue after the Agreement ends.

14. General

14.1 Force majeure – Neither of us is liable for delays or failures caused by events outside our reasonable control.

14.2 Changes to these Terms – We may update these Terms from time to time, for example to reflect changes to Fastmail's Terms, and will tell you about material changes at least 30 days before they take effect. Fastmail may change Fastmail's Terms itself, in which case the updated version applies from the date Fastmail sets.

14.3 Entire agreement – The Agreement is the whole agreement between us about the email hosting service. It replaces any earlier discussions or understandings.

14.4 Severability – If any part of the Agreement is found to be invalid, the rest remains in effect.

14.5 Third-party rights – No one other than you and us has any right to enforce the Agreement.

14.6 Notices – Notices under the Agreement must be in writing and may be sent by email. Notices to us go to hello@geekyco.de.

15. Governing Law

15.1 The Agreement is governed by the laws of England and Wales. Fastmail's Terms are governed by their own law, currently that of Victoria, Australia.

15.2 We will try to resolve any dispute through good-faith discussion first. If that does not work, the courts of England and Wales have exclusive jurisdiction.