Service Agreement Overview
Introduction Welcome to NexaHosting Limited’s service offerings. Our website, NexaHosting, outlines the array of services we provide, chiefly our acclaimed website hosting and domain name registration and renewal solutions.
Acceptance of Terms Prior to engaging with our services, we urge you to thoroughly review the terms outlined herein. Your decision to utilize our services signifies your agreement to these terms. Should you choose not to agree with the stipulated terms, our services will remain inaccessible to you. Additionally, our adherence to the European General Data Protection Regulation (GDPR) is integral to these terms, and we advise you to peruse them diligently, retaining a printed copy if necessary.
About NexaHosting Limited
– NexaHosting Limited operates the domain Nexahosting.com By subscribing to our services, you also consent to receive our email newsletter, which serves as our principal communication channel, keeping you informed about service updates, billing information, scheduled maintenance, and account management details.
Client Eligibility
– To engage with our services, you affirm that:
- You possess the legal authority to form binding agreements.
- You are of 18 years of age or older. 2.2 For clients representing entities, you confirm your capacity to legally bind the said entity to these terms.
Ordering Services
– Service procurement is contingent upon account registration, which requires accurate and complete information. We reserve the right to suspend service access if provided information is deemed inaccurate. Account credentials must be kept confidential and used solely by the account holder.
– An order summary, inclusive of service details and pricing, will be presented for review and correction prior to finalizing your order.
– Payment method registration, via credit/debit card or paperless direct debit, is mandatory for order submission. Note that initial orders may necessitate credit/debit card payment.
– Confirmation of service orders will be communicated via email within 24 hours, with invoice records maintained on your account.
Formation of Contract
– Upon order placement, you will receive an email acknowledging your order and, if applicable, notification of hosting service activation.
– A binding contract is established upon our issuance of this acknowledgment. We reserve the right to decline service orders and will communicate such decisions accordingly.
– The contract pertains exclusively to services specified in the acknowledgment. Provision of any additional services not confirmed is not guaranteed.
Affiliate Disclosure
– Our website may feature links to external sites, including those of affiliated companies. We must clarify that we cannot guarantee the quality of products or services purchased through these links, and we fully disclaim any implied warranties.
– It’s important to note that such disclaimers do not compromise your legal rights when dealing with third-party sellers.
Consumer Protections
– As a consumer, the Consumer Contract Regulations 2013 typically grant you a 14-working-day window to cancel contracts, starting the day after receiving the Acceptance Confirmation.
-. By ordering our Services, you consent to immediate service commencement, waiving the right to cancel within the standard seven-working-day period.
– This agreement does not override your broader statutory rights.
Money-Back Assurance
– Upon contract formation, you retain the option to cancel, specifically concerning the Hosting Service.
– Cancellations are honored within 30 days post-Acceptance Confirmation, ensuring a full refund for the Hosting Service. Refunds are processed to the original payment method, limited to one per customer.
– To initiate a cancellation, submit a support ticket within the specified 30-day timeframe. We will confirm your request via email, requiring your re-confirmation to finalize the cancellation. This step prevents unintended data loss.
– Services exempt from the money-back guarantee include:
- Domain Registrations and Renewals
- Private SSL Certificates
- Virtual Nameservers and Add-Ons
- Virtual Private Servers (VPS) and Related Products
Pricing and Payments
– Service prices, exclusive of VAT, are as listed on our website.
– The total cost of your service order will be transparently presented before confirmation.
– Prices are subject to change; we commit to providing at least a 14-day notice prior to any increases.
– In the event of pricing errors:
- We will honor the lower price if the correct price is below our stated price.
- We will seek your direction if the correct price exceeds our website’s listed price.
- We are not obligated to offer services at an incorrect (lower) price post-Acceptance Confirmation.
– For outstanding payments, we may engage external debt recovery services, potentially incurring additional fees for which you would be responsible.
– Payment timeliness is crucial. Payments are recognized upon clearance. Should your primary payment method fail, we may attempt alternative registered methods.
– Payment authorization failures may lead to account suspension.
Service Quality Assurance
– We pledge to deliver our Services with due diligence and expertise, in line with these terms.
– Liability for warranty breaches is limited to circumstances where:
- Written notification of the breach is provided to us.
- We are allowed to review the service provision post-notification.
- The issue does not stem from non-adherence to our instructions or unauthorized alterations or misuse of the Services.
– In the event of a warranty breach, we commit to prompt remediation or a proportional refund.
– Acceptance of these terms confirms reliance solely on information provided by us through official channels.
Hosting Service Access
– Clients are responsible for ensuring access arrangements to our Hosting Services.
– It is also the client’s duty to inform all users accessing the Services via their connection of these terms and our acceptable use policy.
Service Level Commitments
– While uninterrupted server access is our goal, we acknowledge potential disruptions and strive to minimize them.
IP Address Allocation
– IP addresses assigned to clients remain our property and are non-transferable post-service termination.
– We endeavor to mitigate any impact from IP address re-allocation.
Data Backup and Server Maintenance
– Clients must maintain backups of their data. We offer tools for backup creation but do not provide server backup access for data recovery.
– Our server data is subject to our archiving procedures.
– We are not liable for data loss or damage caused by clients or third parties.
Usage Restrictions
– Hosting packages include a specific monthly bandwidth allowance.
– Exceeding this allowance results in automatic service suspension, with options to upgrade or await the next calendar month for service resumption.
– Non-VPS hosting packages are subject to a 10% server processing capacity limit.
– Excessive CPU usage may be addressed at our discretion to ensure service quality for all clients.
– The number of mailboxes included is specified per hosting package.
– Inactive mailboxes for over 100 days will be purged.
– Service usage must adhere to our website and acceptable use policies.
– Violations may lead to service termination.
Assistance and Technical Support
– Our dedicated team stands ready to assist with any inquiries regarding the Services provided. Please note, our scope does not extend to programming assistance; however, our Hosting Services are designed to be compatible with a multitude of programming languages.
– We have adopted a modern approach to technical support, offering assistance exclusively through our online support ticket system and live chat services, rather than traditional telephone support.
Domain Name Governance
– In the event that the Contract encompasses our Domain Registration and Renewal Service, we shall:
- Endeavor to secure the registration of your chosen domain name.
- Not be held accountable if the domain name registry declines your requested domain name registration or if it is later suspended or revoked.
- Remain independent and not represent you in interactions with the domain name registry.
- Require that the use and continued registration of the domain name adhere to the terms and conditions set by the relevant domain name registry, which you are obliged to review and comply with.
- Recognize the successful registration of the domain name only when your status as the registrant is confirmed on the top-level domain name registrar’s “whois” database.
- Reserve the right to request that you select an alternative domain name if your initial choice is deemed to be potentially problematic or non-compliant with these terms and conditions or any legal or regulatory requirements.
- Require you to affirm that you hold ownership or the authorized use of any trademark associated with the domain name you seek to register.
– You assure us that you possess the legal rights or have obtained permission to utilize any domain name provided by you for use in connection with the Hosting Service.
– To maintain the registration of your domain name, periodic renewals are necessary. We will issue renewal notifications 30 days and 7 days prior to the renewal date, sent to the email address associated with your account.
– You grant us permission to automatically renew the domain name on your behalf unless you have opted out of the Domain Registration and Renewal Service as per these terms and conditions.
– The renewal fee will be clearly stated in the customer administration area and charged to a payment method registered with your account.
– We reserve the right to implement various locks on any domain name registered through our service at any point and without prior notification.
Intellectual Property Rights and Licenses
– You retain all intellectual property rights to your content, granting us a global, non-exclusive, royalty-free license to utilize, store, and manage your content on our servers and to publish it online as part of delivering the Hosting Service.
– You guarantee that your content does not violate any third-party intellectual property rights and that you are authorized to grant us this license. We may create necessary copies, including backups, to fulfill our obligations.
– You agree to protect us from any claims, legal actions, losses, damages, costs, and expenses resulting from your use of the Services or allegations that your content infringes on someone else’s intellectual property rights.
– Software obtained from our website is licensed to you on a non-exclusive, non-transferable, royalty-free basis for the purpose outlined on our site. This license ceases upon the termination of the Hosting Services.
– Any third-party software downloaded from our site is subject to the standard license terms of the intellectual property owner, as notified at the time of download.
– We hold all intellectual property rights to the Hosting Services and our software, excluding your content. Decompiling or disassembling the Hosting Services or our software is strictly prohibited.
– We will defend against any claims that the Hosting Services infringe any UK intellectual property rights of a third party and will cover any resulting costs, provided that:
- You promptly notify us of the claim.
- You do not make any admissions or agreements without our written consent.
- You provide reasonable cooperation in the defense and settlement of the claim, at your own expense.
- We have exclusive control over the defense and settlement of the claim.
– SSH access is provided for full utilization of the WordPress Command Line Interface (WP-CLI), with the exception of sudo commands, which are not permitted.
Stipulations of Liability
– Our role does not encompass monitoring your material or communications transmitted through the Hosting Services; hence, we bear no liability for such content.
– Given the inherent public domain of the Internet, we cannot be held liable for safeguarding the privacy of electronic communications or any information conveyed over the Internet or through any network provider.
– We do not assert that the Hosting Services will be impervious to security breaches or immune to unauthorized access, and no such guarantee is provided.
– We expressly exclude all conditions, terms, representations, and warranties not explicitly stated in these terms and conditions or the documents referenced within them.
– Our liability is not waived in any way for:
- Incidents resulting in death or personal injury due to our negligence.
- Circumstances outlined under section 2(3) of the Consumer Protection Act 1987.
- Instances of fraud or fraudulent misrepresentation.
- Any situation where it would be unlawful to limit or attempt to limit our liability. 18.6. The following loss categories are not our responsibility, irrespective of whether they result from our negligence or other causes, and whether they are direct, indirect, or consequential:
- Loss of income or revenue.
- Loss of business prospects.
- Loss of profits or contractual agreements.
- Loss of anticipated savings.
- Diminution of goodwill.
- Loss of software or data integrity.
- Financial waste, such as ineffective advertising expenditures.
- Inefficient utilization of management or operational hours. 18.7. In accordance with these terms and conditions, our total liability in connection with the Contract’s performance, whether due to contract breach, tort (including negligence), or other reasons, shall not exceed the total of 100% of the fees you have paid for the Services in the 12 months preceding the incident that incurred liability. 18.8. It is advisable for you to obtain business interruption insurance or other relevant insurance to secure your interests in the event of an interruption of the Services, particularly the Hosting Service. 18.9. For products or services purchased from third-party sellers through links on our website, the seller’s liability is delineated in their own terms and conditions, which you are encouraged to review.
Service Tenure and Termination Provisions
– The Domain Registration and Renewal Service segment of the Contract will initiate on the date of our Acceptance Confirmation and will persist until:
- The requested domain name registration is completed, and you elect not to renew the domain name.
- We discontinue the Domain Registration and Renewal Service due to the domain name’s unavailability, your breach of terms, or other impediments to registration.
– Should we terminate the Domain Registration and Renewal Service under the specified clauses, we will reimburse the amount paid for the service using the original payment method.
– The Contract portion pertaining to Services other than the Domain Registration and Renewal Service will commence on the date of our Acceptance Confirmation and, unless terminated as outlined herein, will continue for the Service’s Minimum Term. Following the Minimum Term’s expiration, the Services will proceed on a month-to-month basis until cessation, which may occur through:
- Notification by you, as a Consumer, via a clear statement through online support ticket or live chat.
- Notification by you, as a Business customer, through an online support ticket or live chat.
- At least 30 days’ advance written notice from us to your registered email address.
- Your right as a Consumer to cancel within the cooling-off period, i.e., within 14 days of purchase.
– To ensure adherence to the cancellation deadline, communication regarding your intent to cancel should be sent before the period’s expiration. We recommend this be done at least two working days before the intended cancellation date. Note that the cooling-off period applies exclusively to Consumers, not Business Customers.
– As part of our cancellation protocol, you must re-confirm your cancellation request through our support ticket or live chat systems. Failure to do so will result in the continuation of the Services and an ineffective cancellation. Cancellation requests cannot be processed via letter, email, or telephone.
– Services that continue on a month-to-month basis will be billed monthly in advance, with charges applied directly to a registered payment method on your account. The billing cycle will align with the original Service commencement date, known as the Payment Date, until you cancel the Services in line with these terms and conditions.
– We do not offer refunds for cancellations that occur mid-billing cycle.
– We reserve the right to terminate or suspend the Services under these terms and conditions, our Terms of Website Use, or our Acceptable Use Policy, with 30 days’ advance notice via email to your registered address.
– In the event of Service cancellation by us, we will issue a pro-rata refund for the unexpired Minimum Term.
– If you violate any obligation within these terms and conditions, we may terminate the Contract with 7 days’ notice.
– The expiration or termination of the Contract does not affect any rights or liabilities accrued under the Contract up to the date of expiration or termination.
Data Erasure Post-Service Cancellation
– Upon the cancellation of your Services, any data we possess or host in relation to the canceled Services will be irrevocably erased from our systems.
– It is strongly recommended that you secure copies of such data prior to initiating cancellation of your Services.
Supplementary Provisions
– We reserve the right to introduce additional terms and conditions for specific offers. These will be communicated to you when relevant.
Electronic Correspondence
– In compliance with legal mandates, certain communications and information we provide must be in written form. By engaging with our website, you consent to primarily electronic interactions.
– Our primary methods of communication will be via email or notices on our website. You acknowledge that electronic documents meet legal standards for written communication, which does not infringe upon your statutory rights.
Delivery of Notices
– All formal notifications from you should be conveyed through our designated online system.
– Notifications from us will be sent to the current email or postal address associated with your account.
Rights and Responsibilities Transfer
– The Contract’s terms are not intended to be enforceable by anyone outside the parties involved, as per the Contracts (Rights of Third Parties) Act 1999.
– The Contract commits both parties and their successors and permitted assigns.
– You are not permitted to transfer or reassign the Contract or its obligations without our explicit written approval.
– We retain the right to transfer or delegate the Contract or its obligations at any point during its term.
Exemptions for Unforeseen Events
– We are not accountable for any failure or delay in fulfilling our obligations due to circumstances beyond our control, known as a “Force Majeure Event.”
– Force Majeure Events encompass, but are not limited to:
- Unauthorized access or damage to our servers or systems by you or third parties, including cyber-attacks.
- Industrial disputes such as strikes or lockouts.
- Public disturbances, acts of terrorism, war, or threats of war.
- Natural calamities like fires, explosions, storms, floods, earthquakes, or epidemics.
- Inaccessibility of public or private telecommunication networks.
- Governmental actions, laws, regulations, or restrictions. 25.3. Should a Force Majeure Event occur, our obligations are considered suspended for its duration, and we will seek to resolve the issue or find alternative means to fulfill our contractual duties.
Waiver
– Our failure to insist on strict compliance with any of your obligations under the Contract or these terms and conditions, or our failure to exercise any rights or remedies, shall not constitute a waiver of such rights or remedies. Your compliance with obligations remains in effect.
– Any waiver by us of a default does not extend to subsequent defaults.
Waivers by us must be expressly stated in writing to be effective.
Severability
– If any term, condition, or provision of these terms and conditions or the Contract is deemed invalid, unlawful, or unenforceable by a competent authority, that specific part will be severed. The remaining terms and provisions will remain valid to the fullest extent allowed by law.
Entire Agreement
– These terms and conditions, along with any referenced documents, constitute the entire agreement between us regarding the subject matter of any Contract. They supersede any prior oral or written agreements.
– Both parties acknowledge that no reliance was placed on representations, promises, or statements made during negotiations, except as expressly stated in these terms and conditions.
– Any untrue statements made before the Contract (unless fraudulent) do not provide a remedy beyond breach of contract.
Amendments to Terms and Conditions
– We retain the right to periodically revise and amend these terms and conditions.
– The terms and conditions applicable to your order are those in force at the time of purchase, unless legal requirements necessitate changes (which would apply retrospectively).
– Any variations to these terms and conditions must be in writing and signed on our behalf.