|
|
|
Legal
Information - Terms of
Service:
Terms of Service
Acceptable
Use Policy
(AUP)
Email
Limits
Nominet
Terms (Applying to all UK
domains)
Privacy
Policy
Terms
of Service
1. General Terms
The following Terms of Service,
Acceptable Use Policy and accompanying
policies (collectively the "TOS",
"contract" or the "Agreement") constitute
a binding, legal agreement between X9
Internet ("X9", the "Company", "us" or
"we") and the customer (the "Customer" or
"you") which shall govern the terms and
conditions of services provided by the
Company. The Company agrees to provide
services to the Customer in accordance
with the terms and conditions set forth in
the Agreement.
1.1 Definition of Terms. All services
provided by X9 are henceforth referred to
as the "Service". All accounts, whether
they be shared web hosting, server
management, or any other product or
service offered by X9, are governed under
the Agreement and subject to all terms and
conditions. In all parts of the Agreement,
singular refers to plural and masculine
refers to feminine as applicable.
1.2. Modifications to this Agreement. We
reserve the right to change the Agreement
at anytime, in whole or in part, at any
time. Where you disagree with the updated
agreement, you will be able to cancel and
terminate services at the end of your
current billing period. If you reject the
updated agreement and fail to contact us
within seven (7) days giving notice of
your rejection in writing, it will be
assumed that you acknowledge and agree to
the updated Agreement and agree to be
bound by the updated terms. You
acknowledge that any changes or
modifications shall not constitute grounds
for non-payment.
1.3. Transfer of Rights and Assignation.
Under no circumstances shall the Customer
transfer their rights under this agreement
to any other individual or third-party
without the direct written consent of the
Company. The company shall be entitled in
its absolute discretion to assign the
whole or any part of this agreement.
1.4. Severability. Every provision set out
in a separate paragraph will be construed
as a separate and independent provision
severable from all or any of the other
provisions. The headings are for
convenience only and will not affect the
validity or construction thereof.
1.5. Accepted Methods of Notification.
Where you are required to give notice to
us under this agreement, all notifications
must be made in writing and delivered
either via our online members area, by
sending a support ticket to the
cancellation department. Notification
given in any other form, for example, over
the telephone or informal email to an
employee or company director will not be
accepted.
1.6. Jurisdiction. This contract and
agreement shall be governed and construed
in accordance with the Laws of England,
United Kingdom, and the parties submit to
the non-exclusive jurisdiction of the
Courts of the said Country.
1.7. Timeframes. All dates and times are
given in good faith but no liability is
accepted for damage or loss caused by
delay.
1.8. Limitation of Liability. Neither
party shall be liable for any indirect,
incidental, special, punitive, or
consequential damages, or any loss of
profits, revenue, data, or data use. Our
maximum liability for any damages whether
in contract or delict will not exceed the
fees which you have paid to us or are
payable to us for this order, and if such
damages result from your use of the
software or technical support, the
liability shall be limited to the fees
paid or payable for the software or
technical support.
2. Order Acceptance
2.1. Request for provision of
services. X9 Internet as a company dealing
in online ecommerce, makes available to
you an order form for the purpose of
ordering services. During the order
process, you will be assigned a unique
order ID and your payment will be taken
and/or your payment details stored. This
does not constitute acceptance of your
order. Your order is only accepted when
you receive an email or other
communication from us informing you that
your order has been accepted and your
service is now in the process of being
provisioned. Your order may be rejected at
any point prior and for a period of up-to
twenty-four (24) hours following this, in
cases where we believe your order
represents too high a risk, we do not have
the stock to fulfil your order or where
you placed the order improperly &endash;
for example, ordering a service with a
promotion (including coupon codes or other
automatic discounts) which has expired.
The company will be the sole judge in
deciding what constitutes placing an order
improperly.
2.2. Proof of identity and payment. As X9
operates in industries with high-fraud
risks, we perform extensive checks on all
orders. These checks are carried out in
full compliance with our privacy policy.
X9 will refuse and refund orders where we
deem the order to be too high a risk,
where we believe the documentation or
details provided are not legitimate. X9
co-operates fully with local and
international law enforcement agencies and
reports all instances of fraud or
suspected fraud.
2.3. Substitution and upgrades. Due to
parts availability or other concerns, when
you order a service from X9, the entire
service or components of the service
purchased may be replaced and/or
substituted for components of equal
performance or value. Components may also
be upgraded with components which are of
greater value and / or represent faster or
improved performance. Where we decide to
upgrade or substitute all or part of your
service, there will be no change to the
monthly fee or set-up fees charged. The
company will be the sole judge as to what
constitutes 'equal performance or value'.
The service specification listed on our
website and/or in any advertisement should
be considered the minimum specification
which X9 will provide where an order has
been placed by you and accepted by us.
2.4. Incorrect or Inaccurate Information.
We endeavour to make all the information
on our websites and in our advertisements
as accurate as possible. X9 however does
not warrant that the information provided
is complete, reliable, current, or
error-free. If an error is found within
fourteen (14) days of accepting your
order, we will contact you as quickly as
possible and allow you to either cancel
your order or reconfirm your order with
the correct information. Where we do not
receive a response from you within
seventy-two (72) hours, we will cancel
your order and refund you via the means
payment was taken.
2.5. Contract Period. Unless otherwise
agreed in writing, all services are
provided on a month to month basis. The
minimum contract period is one (1) month.
The contract and billing period start from
the date the service is ordered by you
from us.
3. Billing and Refund Policy
3.1. Payment Policy. All fees for
Service provided by the Company are due in
advance on the first day of each billing
cycle. An invoice for Services due will be
generated on your account and dispatched
to your primary account e-mail address
approximately five (5) days prior to your
actual due date. Within those five (5)
days, the Customer must login to the
billing centre and make full payment of
all due amounts. It shall be the
Customer's responsibility to ensure that
full payment is received prior to the
designated invoice due date. Reminder
invoices and/or notices are not
guaranteed.
All invoices must be paid in full not
later than 11:59 PM GMT on the designated
invoice due date. If we do not receive
full payment on any given invoice before
the designated invoice due date, the
Customer's account will become delinquent.
All delinquent accounts are subject to
immediate suspension or disconnection of
all provided Services, not just the
Service that is past due or delinquent.
Any account that remains delinquent for
more than twenty-four (24) hours following
suspension or disconnection of services is
subject to immediate cancellation of all
Services provided. In the event of
cancellation for non-payment, all Services
provided by X9 will be terminated, and all
associated data will be permanently lost.
The customer acknowledges that X9 is not
responsible for any damages or losses due
to cancellation for non-payment.
All invoices that remain unpaid after
seven (7) days of the designated invoice
due date will be referred to our
collections agency. The collections agency
used by X9 may vary from time to time. If
civil litigation is deemed necessary to
collect a past due balance, the Customer
agrees to pay all of our court and
solicitors fees, in addition to the
collections fee, original amount due, and
any reconnection charges. The Customer
agrees to a place of venue of the
Company's choosing.
Monthly payment plans. Clients who elect
to choose a monthly payment plan are fully
responsible for the upkeep of the
stipulated monthly payment and must ensure
that any payment subscription put in place
either via paypal or a credit/debit card
remains active. It is your responsibility
to ensure that a regular payment process
is in place and you must inform us
whenever you change your payment
arrangement when you cancel a paypal
subscription or change your card provider
or when your card details change. When a
monthly payment plan misses three (3)
consecutive monthly payments, your monthly
payment plan automatically defaults to the
standard yearly plan and the whole annual
hosting and domain registration fee, if we
also registered your domain, becomes due
immediately, minus any payments already
collected under the original monthly
payment plan.
3.2. Refunds Policy. Except as specified
elsewhere in this agreement, all payments
to X9 are final and non-refundable. This
includes the one-time set-up fee and all
subsequent charges or fees regardless of
usage. Refunds will be made where we are
legally obligated to do so. We may also
provide refunds at our discretion. If you
believe you have been overcharged or
falsely billed, you must communicate these
concerns to our Billing Department within
twenty-eight (28) days of such overcharge
or false billing.
3.3. Bank Assisted Disputes ("Charge
back"), Payment Disputes or Payment
Reversals. Initiation of any complaint or
Bank Assisted Dispute (charge back)
against us constitutes a severe breach of
this agreement. A "complaint or charge
back" shall be defined as initiating any
form of complaint or charge back with
PayPal, your credit card issuer or bank.
Upon receipt of a complaint or charge
back, or threat thereof, X9 will
immediately suspend or disconnect all
Services provided to the Customer. If we
do not hear from you within twenty-four
(24) hours of such suspension, we will
immediately cancel and terminate all
Services provided, not just the Service
that is being disputed. We will then
initiate proceedings with our collections
agency to collect and recover the full
amount for services. Please note that
threats of a complaint or charge back will
be treated the same as an actual complaint
or charge back
4. Cancellation Policy
4.1. Cancellation Policy. You may
cancel your Services with X9 at anytime by
providing the Company with not less than
five (5) days prior written notice of your
intent to cancel Services. All
cancellation requests must be submitted to
us via our online ticketing system, must
be submitted to the billing department,
and must contain all information
requested. Cancellation requests received
not meeting these conditions will not be
accepted.
We must emphasise that if you do not
cancel a Service at least five (5) days
prior to your next scheduled due date for
that Service, it will be assumed that you
intend to renew the Service for an
additional billing cycle, and you will be
responsible for payment of the next
generated invoice
We may at our discretion accept
cancellation requests less than five (5)
days prior to your next scheduled renewal
date.
Cancellation requests after the first 7
days of service must be received at least
five (5) days prior to your "monthly"
renewal date. If cancellation of service
is not done (5) days prior to your
"monthly" renewal date, you will be billed
the following month and every month,
including any late fees, thereafter
until we receive the proper cancellation
notice as outlined above. The date you
send your cancellation is the date your
account will be cancelled.
Our billing system is automated and
cancelling your PayPal or Credit Card
subscription may result in immediate
cancellation of your hosting account
regardless of any remaining time left that
you have prepaid for. Once your account is
cancelled, there is no way to retrieve
your data. Please backup you data before
you cancel.
5. Uptime/SLA Agreement
5.1. Service Level Agreement. X9
guarantees at least 99.9% network and
power uptime. This excludes scheduled
maintenance, reboots, self-inflicted
downtime, acts of God, backbone issues,
DDoS attacks, hardware failure, downtime
on individual servers, service failures,
labour strikes, or other conditions out of
the company's control. In the unlikely
event that we fail to meet our network
uptime guarantee, we will issue a prorated
credit to your account to be credited to
your next invoice.
6. Support Policy
6.1. Sales, Billing and Network
Support. All services provided by the
company to the customer are "unmanaged".
The company is not obligated to assist or
provide technical support for any software
issues. The company will have the sole
decision on what constitutes a software
issue. For the purposes of sales
questions, billing enquiries and technical
support related to the server hardware or
network, the company provides access to a
support HelpDesk, accessible from our
support site. Any Customer requiring
assistance beyond our normal support
policy will be notified that the request
falls outside our normal support
policy.
6.2. Server Tweaks. If service is provided
to you on a shared platform, you cannot
request server tweaks or custom
compilations of the server to include
add-on modules to run software which was
not provided by us via the one-click
install feature bundled with the shared
service. Our shared platform has been
built specifically to facilitate multiple
users and requesting that we increase
system limits or system quotas to
facilitate custom software which may not
have been developed specifically for a
shared platform, will erode our platform
design and such requests will be denied.
In such cases you should look at our
dedicated server range to provide you with
a solution.
6.3. Support Abuse. Abuse or disrespect
directed towards our staff or network
staff will never be tolerated. If you are
disrespectful, use foul language, threaten
us, or do anything else we may find
offensive, you will be considered in
severe breach of this agreement.
Violations of this policy carry heavy
penalties including, but not limited to,
warning, extended suspension or
disconnection of all Services provided, or
cancellation of all Services provided.
Prior to un-suspension or disconnection of
a Service suspended or disconnected for
violation of this policy may be subject to
an "Administrative Charge" of £25.00.
As per this agreement, no refunds will be
offered in the event that cancellation is
considered
|

|
|