1. These terms and conditions cover the contract between the client and Ezee Internet
Registered Office Ezee Hosting, 7-9 North St. David Street, Edinburgh, Scotland, EH2 1AW
2. In return for payment in full we will provide the services for the period of the contract subject to any limitations as described in this document.
3. Clients Rights and Obligations
3.1 The client will abide by any and all applicable laws relating to the service and will abide by the Companies Acceptable usage Policy.
3.2 The Client will be responsible for any data stored on our servers. The company takes full server backups for the purpose of disaster recovery but will not restore any file or group of files either on request or for a fee.
3.3 It is the Clients responsibility to keep their account updated with valid contact details. The Client Agrees to indemnify Ezee Internet for any issues caused by failing to keep these details up to date.
4. The Companies Rights and Obligations
4.1 The Company shall use reasonable endeavours to perform the Services and shall as soon as reasonably practicable on or after the Commencement Date provide the Client with a user identification, password for the Web Space. The Company accepts no liability in respect of any loss incurred as a result of disclosure of the Clients password.
4.2 The Company gives no warranty that access to its Server and the Client's Web Site shall be uninterrupted or error-free.
4.3 The company will provide statistics and data to the client in a format chosen by Company. The company will not be held responsible for the accuracy or reliability of this data nor for any failure to record information or for details to be reset.
4.4 The Company (in its absolute discretion) shall be entitled in the event that access to the Client's Web Site exceeds the permitted bandwidth or storage allocation (forming part of the Web Site) as provided in the Schedule to: suspend access to the Client's Web Site;move the Web Site to a high performance service or require the Client to move its Web Site to another server; and/or increase its charges to the Client to take account of the additional bandwidth being used.
4.5 Notwithstanding any other provision the Company shall be entitled without notice at any time to change the bandwidth or storage allocation and to make any changes to the Services which are necessary to comply with any applicable safety, security or other statutory requirements, or which do not materially affect the nature or quality of the Services.
4.6 The company reserves the right to modify the users site, suspend or terminate the contract if in the companies opinion the service or services are being used in contradiction of any UK laws or the company feel the users files may contain malware that could cause server security or overloads. The company also reserves the right to suspend services to any Client, who's use of the service affects or is likely to affect other Clients, the server or the network.
4.7 The free forwarding service is provided with no warranties and at the discretion of The Company. The company reserves the right to suspend, modify, upgrade, terminate or restructure this service without notice.
5.1 The company is entitled to review the fees on the renewal date and is obliged to notify the clients in reasonable time of any changes to the fees.
5.2 The company will wherever possible provide a grace period after the due date of any contract before suspending access. In the case of domains this may not be possible with some registrars and the company will not be held responsible or at fault for any failures caused by late payment.
6. Domain Registration
6.1 In the event that the Client needs domain name registration services the Company shall endeavour to procure the registration of such domain name as the Client may request as set out in the Schedule or as advised to the Company in writing by the Client. However, the Company shall not be liable in the event that such requested domain name is not registerable or in the event that the relevant domain name regulatory authority suspends or revokes any registration of such domain name. The Company shall not act as agent for or on behalf of the Client in any dealings with regulatory authorities. Registration of a domain name requires us to give your details to the registrars responsible for your domain, by placing an order with us you accept this and give the company explicit permission to use those details in pursuance of that registration.
6.2 The company will not accept responsibility for a domain name registered with another company, registrar or organisation until the transfer of that domain name to the registrar the company nominates has been completed and The Company has full control. Prior to the transfer in of a domain to our control authorisation must be received from a representative of the company. Upon completion the client agrees to notify The Company that the process has been completed. Until this final notification has been received The company will not accept any responsibility for the domain, including but not limited to management, renewal process or record maintenance.
6.3 The company shall notify the client of renewal notifications as they are received by the company from the relevant registration authority. These notifications will be delivered to the email address provided by the client on their initial order unless an updated email address has been provided and this update has been confirmed by the company. The company shall not be liable for losses whether financial or otherwise caused by the clients failure to notify us of changes to the email address or other details relating to the specific order that caused the loss.
6.4 Whilst renewal notices are sent these should only be considered as reminders, these reminders are not part of the service. It is the clients ultimate responsibility for domain renewal. The client accepts that whether or not The Company has successfully contacted the client The Company cannot be held liable if the Client fails to renew the domain prior to the expiry date.
6.5 To ensure uninterrupted operation of the domain renewals should be placed with The Company at least 7 working days prior to the expiry date. Due to the distributed nature of the domain name system it can take up to this long for a renewal to be fully processed and accepted.
6.6 All domains are renewed on an annual basis, we will send out reminder emails 30 days, 14 days, 7 days and 1 day before expiry. We will send the emails to the email address on the account, it is the registrants responsibility to make sure their contact details are up to date. Ezee take no responsibility if your domain renewal fails due to your contact details being incorrect. If you do not wish to renew a domain please make sure you contact us a minimum of 14 days before your domain expires by emailing us at email@example.com. Alternatively you can set your domain to auto renew, this can be managed through the client portal area. All domains will be auto renewed 14 days in advance of the domain name expiring and will be billed 28 days in advance.
If you do not renew your domain before its expiry date it will have all services we provide suspended and you will have up to 30 days (protected period) after to renew the domain name at the original renewal fee. Please log into the client portal area to view renewal fees. After 30 days your domain will be suspended and will go into a 60 day grace period which you can still renew your domain name but with an additional redemption fee of £75 inc VAT. This must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar. will not guarantee the renewal of a domain name.
Transfers away from Ezee Hosting cannot be authorised if the domain you wish to transfer is still in its first year of registration. As an example if you have purchased a domain for 1 year you cannot move this domain to another registrar within that first year.
6.7 Ezee Hosting Ltd are partners with Nominet and all .UK domain names registered via Ezee Hosting Ltd, are strictly adhered to by the terms of service issued by Nominet. You can view these terms here: http://www.nominet.org.uk/go/termshttp://www.nominet.org.uk/go/terms
7. Company's Remedies
In the event that the Client's Web Site is in breach of the Acceptable Use Policy or the Company for whatever reason decides it is necessary or in its best interests to do so (including if the Client is in breach of its obligations or fails to pay the Fees) the Company shall be entitled to:-suspend or bar access to the Client's Web Site for such period as it shall consider fit; remove all or any part of the Client's Web Site from the Company's Server; and/or delete all or any data, files or other information that is stored on the the Server on which the Client's Web Site is stored; and the Company reserves the right (in its sole discretion) to suspend use by Client of any CGI-bin that may have a detrimental effect on the CGI Server without prior notice. 8. Warranties and Liabilities
8.1 The Company does not give any warranty, guarantee or other term as to the quality, fitness for purpose or otherwise of any goods or other services supplied by a third party, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods or services to the Company.
8.2 The Company shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any exercise of the Company's rights or remedies under these Conditions including without limitation the suspension of access to the Client's Web Site or deletion, corruption, loss or removal of data, file or material stored on the Client's Web Site or removal of the Client's Web Site from the Server or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.
8.3 Except as expressly provided in these Conditions, the Company shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents or otherwise) which arise out of or in connection with the Services hereunder or their use by the Client, and the entire liability of the Company under these Conditions shall not exceed the proportionate amount of the Fees
9.1 These Conditions shall continue in force for the Term Provided always that the Client shall be entitled to terminate these Conditions at any time after the minimum period of three months of the Term by giving to the Company not less than 30 days' written notice of termination.
9.2 Notwithstanding the provisions of clause 9.1, either party shall be entitled forthwith to terminate these Agreement by written notice to the other if :-
9.2.1 that other party commits any breach of any of the provisions of these Conditions and, in the case of a breach capable of remedy, fails to remedy the same within thirty days after receipt of a written notice giving particulars of the breach requiring to be remedied;
9.2.2 an encumbrancer takes possession or a receiver is appointed over any of the property or assets of that other party; that other party makes any voluntary arrangement with its creditors or becomes subject to an administration order; that other party goes into liquidation or becomes bankrupt; the other party ceases or threatens to cease to carry on business; or
9.2.3 anything analogous to any of the foregoing under the law of any applicable jurisdiction occurs in relation to that other party; or
9.3 Upon termination of these Conditions for whatever reason, the Company shall delete the Client's Web Site from its Server without any liability whatsoever.
9.4 Termination of these Conditions shall be without prejudice to any other rights or remedies a party may be entitled to thereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision on or after such termination. Subject to the foregoing, neither party shall thereafter have any further obligation to the other under these Conditions;
9.5 Upon termination of these Conditions for whatever reason all due or outstanding fees and expenses owed by the Client to the Company shall forthwith become due and payable.
10.1 These Conditions constitute the entire agreement between the parties as to the subject matter of these Conditions and supersedes all prior oral or written agreements, understandings or arrangements between them relating to the provision of the Services.
10.2 The Company shall not be liable to the Client for any loss arising from or in connection with any representations or undertakings made prior to the Commencement Date other than those confirmed by a duly authorised director of the Company in writing and expressly incorporated or referred to in these Conditions.
10.3 If any provision of these Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of these Conditions and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.
10.4 The Client shall not be entitled to assign these Conditions nor all or any of its or their rights and obligations hereunder without the prior written consent of the Company.
10.5 The waiver by either party of a breach or default of any of the provisions of these Conditions by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.
10.6 In the event of there being a conflict between the terms of these Conditions and the terms of the Acceptable Use Policy The AUP shall apply.
11.1 We offer a full refund within 30 days of new customer payments for annual hosting fees. Monthly Hosting, Domain Registration and Domain Renewal fees are non refundable after payment has been received and the service provided. Renewal for services that have not been cancelled before the renewal payment which will occur between 7 and 14 days prior to the renewal date will not be refunded after payment has been taken and the service renewed.
11.2 Any cancellation requested by the Client during a valid contract period may be subject to an administration fee on a cost recovery basis but not to exceed £10.00
11.3 Any money back guarantee will be honoured if we fail to deliver our services within a 48 hour period from when the order was made. Our money back guarantee policy can only be used with a valid reason or complaint regarding the service we have delivered.
12. Complaints Procedure
Should a client feel we are in breach of these terms they can lodge a formal complaint via our ticketing system, we will acknowledge your complaint within 1 (one) hour of it being opened. If you are not satisfied with the initial outcome we will mark your complaint as such and it will be escalated no later than 2 business days from receipt.
All communications between the parties with respect to these Conditions shall be delivered or sent by first-class post (or if the recipient is in another country by prepaid airmail) to the relevant address(es) stated in these Conditions or to such other address as the addressee may from time to time have notified for such purpose, or sent by electronic mail (with confirmation by letter posted first-class within 24 hours). Communications shall be deemed to have been received within two Business Days (if sent by first-class post) or seven Business Days (if sent by prepaid airmail) after posting exclusive of the day of posting.
The Client hereby undertakes that it will, without prejudice to any other right of action which the Company may have, at all times keep the Company fully and effectively indemnified against any liability (which liability shall include, without limitation, all losses, costs, claims, expenses, demands, actions, damages, legal and other fees and expenses on a full indemnity basis) which the Company may suffer or incur as a result of, or by reason of, any breach or non-fulfilment of any of the Client s obligations under these Conditions, any breach of third party intellectual property rights or the use of the Services.
15. Governing law and jurisdiction
These Conditions shall be governed by and construed in accordance with the laws of England. The Parties hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts.