Terms & Conditions Definitions "We/US" means ZXHost as a trading business, also covers ZXPlay & ZXVPS;
"Contract" means a contract for the provision of the Service(s) made between the Client and the Supplier;
"Service(s)" means the internet related Service(s) which are supplied ZXHost on and subject to the terms in these Conditions;
We may update these Terms and Conditions from time to time, any changes will be notified to all client's via the email-address you provide. If you do not agree to any changes we make you must inform us before the changes come into effect, if you continue to use your service past this date you indicate your agreement to the new Terms and Conditions.
Delivery If you pass our automated fraud checks and the Product you have ordered displays as in stock, you order will be delivered within 15 minutes via an email to the email address given to us during the order process, custom packages and licenses may increase this to within 24 hours, you will be made aware of any delay.
Your Contract with us is for a minimum period and renews for the length of your billing period. For example if you pay every month then your contract is a rolling one (1) month. If you pay every three (3) months, your contract is a rolling 3 months and so on. Unless otherwise specified the Contract will start when we accept your order for Service(s) and the subscription payment period has been cleared, which we will acknowledge in writing by sending you an email to the email address notified to us in your order and will continue in accordance with the terms applicable to a particular Service(s) and for the subscription period applicable to the Service(s) in question.
The Service(s) will lapse unless we receive payment for the extended term of the subscription. We will not be liable in respect of the non-renewal of a Service(s) if, having sent you a notice, we do not receive the applicable payment, or if you fail to notify us of a change of contact details.
We will try to operate at 100% uptime, however from time to time their may be breakdown's or maintenance windows that our out of our control. We will try and give as much notice to any planned maintenance as early as possible through the email on our system and social media networks.
Limitation of Liability
We give no condition, warranty or undertaking and makes no representation to customers about the suitability of, or fitness of our service for your purposes other than those conditions, warranties, undertakings or representations expressly set out in these conditions.
We will not be liable to you or any third party for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever or howsoever caused which arise out of or in connection with this agreement, or for loss of profit, loss of business, loss of data, depletion of goodwill or loss occurring in the normal course of business or otherwise.
We will have no liability for any loss or damage to any data stored on Servers or back-up facilities. You must maintain adequate insurance cover in respect of any loss or damage to data stored on Servers or back-up facilities.
We prohibit certain services from running on our VPS platform, we do not permit:
- Open mail relays
- Sending unsolicited emails
- The running of a public mirror service
- Using hosting services in any manner that is illegal, including any pictures or content of anyone under or implied to be under the age of 18
- Storing or distributing material of any manner which is infringing trademarks or patents
- Use of unlicensed software that infringes the author's rights
- Transmission of any material that harasses another person or persons
- Any fraudent activity or forgery
- The running of a public facing filehosting service
- Using your service to attempt to gain access into or through a unauthorised network or computer
- Use of your service to create or control a remote DDOS attack or brute force attempt
- Use of peer 2 peer services with the intent to transfer any content that will infringe upon any trademarks.
For the avoidance of doubt, the Supplier does not monitor, and will have no liability for the contents of, any communications transmitted by virtue of the Service(s).
Notwithstanding the aforesaid the Supplier reserves the right to withdraw the Service(s) without compensation to you in the event of a breach of the Acceptable Use Policy and any such breach shall be treated as a fundamental breach of the Contract.
Chargebacks & Refunds
Should the Supplier receive a chargeback or a threat of a chargeback and not be given reasonable time to rectify it in relation to your account the Supplier reserves the right to suspend or terminate the Service(s) provided to you with immediate effect regardless of the situation giving rise to the chargeback. Requests for a refund under this Clause must come from the email account that we have on file. Should this not be possible the Supplier reserves the right to require proof of identity. In the event that such proof is not forthcoming the Supplier shall be under no obligation to make any refunds.
Refunds are accepted with no questions asked within 14 days from the date of the order processed, and full payment will be refunded within 24 hours of the refund notice received. Outside of the 14 day windows refunds are reviewed and only accepted on a per occasion basis.
Invoices are generated 14 days before renewal date, with a reminder sent 7 days before due date. Overdue emails will be sent on 1/3/7 days overdue, services will be suspended 7 days after due date, and terminated 14 days after due date if no payment is made Termination We reserve the right to terminate your Service(s), and any future business relation with you, for any suitable reason at any time via written notification.
Last Updated : 31/08/2015