This agreement is made between mxNAP. (“mxNAP” which expression shall include all or any of its subsidiaries, agents, successors and assigns), and you the customer (“Customer” which expression shall include its permitted successors and assigns).

Billing and Charges

All of our Shared hosting packages carry a 30 day money-back guarantee! If you are dissatisfied for any reason at all then just let us know why and if we can’t help, we’ll issue a full hosting refund! Please note that VDS orders, dedicated server orders, and domain costs are not refundable.

Payments

Renewal invoices are generated 21-30 days in advance and sent to your registered e-mail address. It is your responsibility to ensure this e-mail address is kept up to date and can receive emails from us.

It is important that we receive payment on time. All services must be paid for by the due date shown on the invoice unless a written adjustment has been agreed. Failure to complete payment after this time will result in an automatic reminder when the invoice is overdue, and automatic account suspension should the invoice remain unpaid for more than 3 days. This applies to all hosting accounts, VDS and Dedicated servers. Domain names expire on the day immediately after their renewal date. As such we strongly recommend renewing a minimum of 48 hours before the expiration date.

If an invoice is unpaid, the related service will be suspended until such time that payment is received and you inform us by email that you have paid. At this point we will use all reasonable endeavours to restore service within 24 hours.

Unless otherwise stated, all payments must be received in UK Pounds sterling. If you pay by foreign bank transfer, then you must be responsible for all foreign currency charges.

We reserve the right to alter our prices at any time and will notify you of any alteration by providing you with a written notice. Notice of any price alteration will be sent via e mail to the e mail address that we hold for you in our account. If you have already purchased a particular service then the price alteration will only become effective when the service reaches the end of its current term.

You warrant that you are lawfully authorised to make payment using the payment card or facility you disclose to us. In the event where you are not the named cardholder, you acknowledge that you and the named cardholder both accept these terms and conditions and are jointly and severally liable for any payment(s) due. You hereby indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.

If you attempt a chargeback or dispute a transaction with your bank, we reserve the right to suspend all services provided to you with immediate effect. Services will remain suspended and until such time as the chargeback has been fully reversed in our favour .

Overusage

Account usage is checked frequently. All accounts will receive notification when bandwidth usage is nearing the account’s limit. Overusage will result in automatic account suspension unless a prior agreement has been reached. Usually the cheapest option is to upgrade to the next package where available, otherwise our standard charges are 40p per GB per month for additional bandwidth usage and £2 per month per 250MB disk usage. Upon suspension please contact us to arrange upgrade pricing.

If not specifically stated to the contrary, our services are intended to be used for the purposes of hosting websites and e-mail. Batch processing, video encoding/transcoding, web crawling/spidering, archiving and online backup systems and any system designed to consume CPU or disk resources for purposes other than hosting a website are not permitted on our shared hosting servers. However you may use such tools on a VDS or dedicated server. We reserve the right to enact defensive movements to maintain the stability of our systems for all clients.

If you believe your website may be susceptible to high or otherwise abnormal usage you must contact us to discuss the suitability of your hosting environment.

Cancellation, refunds, termination and disputes

Cancellation notices for all services must be given at a minimum of 48 hours in advance of the next billing date, with the exception of VDS and Dedicated servers for which we require a cancellation notice a minimum 30 days before the next billing date. For shared hosting, an account credit will be granted for each whole unused month. No cash refunds will be granted unless a payment has been taken in error. Refunds for prepaid dedicated servers and VPS will only be granted where there is a genuine irreconcilable problem with the service and at management’s discretion.

A breach of any of our terms and conditions will result in immediate termination with no refund.

Setup fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method as listed on our contact page.

Client Conduct

Under no circumstances will we tolerate threatening or abusive behaviour towards our staff. Should this occur, we reserve the right to terminate the hosting agreement with immediate effect.

Should the client, during the course of a telephone conversation, email or support ticket, make reference to “legal action” or say anything we might reasonably understand to imply or infer that the client may intend to pursue a legal claim against us, we reserve the right to refuse telephone support going forward. Any further correspondence must then be sent by email or support ticket.

Should we feel that your needs would be better served by another provider, we reserve the right, at our sole discretion, to terminate the hosting agreement. Where it is reasonable to do so, we will provide 30 days notice of termination and provide a backup of all website content and email.

Rights on Termination

Termination of this agreement does not affect your pre-existing liability, if any or affect our right to recover damages or pursue any other remedy in respect of any breach of this agreement by you.

In the event of us terminating this agreement due to breach of these conditions by you, we shall be entitled to the balance of all payments which would but for such termination have accrued up to the earliest date on which this agreement could have been terminated by you.

Setup fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method.

A change of details

We have the right to change any username or password allocated to you for the purpose of essential network maintenance, enhancement modernisation or other work deemed necessary to the operation of the Internet.

Similarly, we have the right to alter the hosting environment your site runs in to one with like-for-like features, as long as reasonable notice is given and there is no disruption to service. The only reason we would do this is if it represented an ‘upgraded’ environment for you, the end user.

Domain registration, renewal, transfer and restoration

Some hosting packages include a free domain registration or transfer for a .be / .biz / .co.uk / .com / .de / .eu / .info / .ltd.uk / .me.uk / .net / .org / .org.uk domain name. All other extensions are excluded from this offer due to their additional cost but please contact us for a reduced price if you wish to order with a different extension. The registration period is one year.

Hosting package renewals do not include a further free domain renewal, transfer or registration.

We will always register, transfer and renew domain names in our client’s name – never in our own. You are always in control of every aspect of your domain name(s) and can manage your domain’s WHOIS data through Tandem. It is your responsibility to keep this data correct.

All domain registrations are bound by our Registrant Agreement and relevant 3rd Party terms as detailed here.

Account Support / Emergency Contact

We provide support via e-mail and phone. To provide efficient service and comply with data protection laws, any requests for changes to your account (including billing changes, password changes or any other technical changes) must be submitted by ticket or e-mail from your registered address.