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Legal
Information - Terms of
Service:
Terms
of Service
Acceptable
Use Policy (AUP)
Domain
Terms
Privacy
Policy
Customer
Complaints Policy
Terms
of Service
1.
General Terms
The
following Terms of Service and
accompanying policies (collectively the
"contract" or the "Agreement") constitute
a binding, legal agreement between X9
Internet ("X9 Internet", 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 Internet 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 Internet,
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 firm 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 fulfill 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
Internet 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 Internet 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 Internet 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 Internet, 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 Internet 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 Internet
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 yearly basis. The billing
period starts 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. We accept all main credit
and debit cards, and PayPal. 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 Internet will be
terminated, and all associated data will
be permanently lost. The customer
acknowledges that X9 Internet is not
responsible for any damages or losses due
to cancellation for non-payment.
When a service was suspended due to non
payment, but the service was not yet
deleted, you can apply to reannimate the
service for which we require an admin fee
of £15.00 which must be paid together
with the outstanding amount before we can
unsuspend the service.
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 Internet 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.
3.2. VPS Payment Policy. When an order is
placed for a VPS with monthly payment, we
require a deposit equal to one month's
rental. When you miss a payment we will
use your deposit payment to make the
payment which was missed. When you then
make your payment we will return those
funds into your deposit account. When an
invoice remains unpaid for more than 21
days, we will accept notice that you wish
to cancel the VPS at the end of the
current monthly payment period after which
time the VPS will be deleted and you no
longer have access to the files held on
it. VPS deletion cannot be reversed.
3.3. Refunds Policy. Except as specified
elsewhere in this agreement or as part of
our published money-back guarantee, all
payments to X9 Internet are final and
non-refundable. This includes any agreed
one-time set-up or domain registration 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.
3.4. 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 Internet 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 Internet 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.
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
Internet 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 software 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 vps
or 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
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