References to “You”, “Your”, and “The Client” are
to you as the customer. References to “We”, “Our”, “Us” and “The Company” are
to Ezyweb Limited. The trading styles "Ezyweb" and "Ezyweb.uk" and the trademark "ezyWeb Making IT easy" all refer to Ezyweb Limited.
Our terms and conditions on which we supply any of the products and services listed on Our website www.ezyweb.uk to You or continuation of services previously supplied by Inspired Software UK Ltd trading as eStores are detailed below. Please read these terms and conditions carefully and make sure that You understand them before ordering any products or services from Our website. You should understand that by ordering any of Our Services, You agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference. It is Your responsibility to ensure that You are up to date with all of Our terms and conditions which may change periodically. By placing an order with Us, You warrant that You are legally capable of entering into binding contracts and that You are at least 18 years old.
All services provided by Us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. You agree to indemnify and hold Us harmless from any claims resulting from the use of the service which damages You or any other party.
Pornography, sexual content, or direct link to adult content is prohibited!
2.0 Hosting Account Usage
Our hosting accounts are intended for a single website, You are not permitted to host multiple
websites on one account, this includes pointing domains to folders/sub-domains.
3.0 Software Scripts
The following scripts and programs are prohibited:
· Proxy scripts
· Torrent Trackers
· Bulk email scripts and email marketing systems
· Command execution scripts
· Viruses, malware, ransomeware, or any other hostile code
· Webcams and streaming video
· Chat Room Scripts: IRC (Internet Relay Chat) Bots or Clients
· File download services
· Social media platforms, message forums.
In the event such a script affects server performance detrimentally We reserve the right to disable the effecting script/account prior to notifying You.
You are responsible for ensuring that all scripts used within your account are secure and kept up to date, You agree to update/patch the software when the developers release new versions with security fixes to maintain the integrity of Your web space. Websites found to have known vulnerabilities will be taken offline.
You may not use Our services to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for You, logging into a server or account that You are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, port scanning, or violation of any other organisation's security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, DDoS attacks, mail bombing, or other deliberate attempts to overload or crash a host or network. Your data will be shared with law enforcement authorities in any investigations into suspected criminal violations associated with your account.
5.0 Intellectual Property Rights
Material accessible to You through Our Services may be subject to protection under copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, You must not use Our Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which You access or receive through the network.
6.0 Refusal of Service
We reserve the right at our sole discretion to refuse or cancel service. Violation of any of Our Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
7.0 Spam or Unsolicited Email
You must not use Our service for sending spam, flames, mail bombs, or unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates web sites hosted by Our servers. If Your account is found to be associated with any of the aforementioned activities then We reserve the right to suspend Your account.
If you are found to have spammed we reserve the right to disable your account without warning. We reserve the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
8.0 Anti-Virus Protection
Our servers are protected by Anti-Virus software. Our servers include file monitoring software that will detect any changes to system files. Should a virus or malware be found then files containing malicious code will automatically be quarantined which may render the host website unusable until clean and patched files are replaced; You will be responsible for fixing any viruses found in software scripts on your hosting account; In most circumstances We would be able to offer a fix as a paid for service.
9.0 Data and System Backup
You are responsible for making a backup copy of Your website content that you edit or upload (text, images, videos, and other media) and also scripts files and data unless You have purchased a Backup Plan. Our servers are backed-up for disaster recovery purposes, not for retrieving individual files.
Any attempts to undermine, slander, libel, threaten, or cause harm to one of our servers, customers, employees, or The Company directly is prohibited, is grounds for immediate termination without refund, and will be pursued under the UK law.
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of services by us to you and your use of the services and the server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or nonobservance of any of the terms of this agreement.
12.0 Payment Policies
All accounts are set up on a prepay basis. Although The Company reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Any changes to prices will be clearly communicated to customers prior to their application, with customers being given one month's notice of any changes. Notice will be served via email, to the email address held on The Client’s account. Payment is due every 30 or 365 days, from the date the account was established. Customers with subscriptions will automatically be charged again at the end of the prepaid period unless confirmation of the wish to close has already been received from the customer (see service cancellations).
No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email; If purchasing online an invoice will be sent shortly after the purchase has successfully completed.
All payment is in UK sterling. All prices displayed are shown excluding UK VAT unless otherwise stated.
13.0 Client Account
You are assigned a client account upon becoming a customer of The Company. It's important that you keep the contact information accurate and up to date as the email address on file is where your invoice renewal notices will be sent.
14.0 Payments and Subscription Service Renewal
All subscription services purchased online will automatically renew using your payment card stored on the third party secure payment gateway on the due date, unless a prior cancellation request via email or support ticket has been submitted. If a service has been renewed and no cancellation has been received then no refund is due for any services paid.
Services procured offline can be paid by bank transfer. For payments via cheque an additional charge of £5 shall apply per cheque. In the event of a cheque payment being returned to The Company for insufficient funds, a service charge of £10.00+VAT will be charged to your account.
All invoices must be paid on or before the due date. If payment is declined from your payment card (subscription services) or payment becomes overdue then we reserve the right to suspend your account which would result in Your website and email services going off-line.
15.0 Service Cancellations
To cancel a subscription service you must submit a cancellation request via email or support ticket at least thirty (30) days before the service renewal date, telephone cancellation requests are not accepted as we require the request to be logged in writing via email or support ticket. We will confirm your cancellation has been received and any future subscription billing will cease. We do not issue refunds for any unused time on your service should you choose to cancel your service before your billing date.
Changing a domain names DNS to another provider, non-payment of the renewal invoice or transferring a domain away from The Company’s server does not constitute a cancellation request.
16.0 Data Transfer (Bandwidth) Overage
We operate a fair bandwidth usage policy, if your site starts to use a disproportionate amount of bandwidth (data transfer due to network traffic) We will attempt to contact You to help find a solution which may require you to upgrade your account. However if your account bandwidth exceeds 30GB/month then You will be billed an overage charge of £1.00+VAT per GB.
17.0 Refunds Policy
You have the right to cancel your account within seven days to receive a full refund, your seven days commences from when you first signup for Our service. To cancel under this policy you need to email US quoting your billing name, and for subscription services you need to also quote your online account username. The exceptions to this policy are domain name registration, dedicated SSL certificates and any setup fees where applicable, these are non-refundable.
18.0 Domain Expiry & Redemption Fees
If You have a domain registered with Us then We will send an email to Your contact email address on your account before the expiry date to remind You to renew. If Your domain expires then You will have 14 days to contact Us to renew the domain name at our regular renewal rates, with the exception of .eu domain names.
After the 14 days grace period an expired domain name may enter the domain recovery period, which can last up to 75 days post expiry. During the domain recovery period the domain recovery fee comprises the registrar’s fee starting at £75 + our £20 administration fee + 1 year renewal fee + VAT. Five days after the expiry date the name servers will change, turning off any email and website services running on the domain name.
After the recovery period, which varies according to the domain extension, the domain is released to the public so anyone can re-register your domain and You will most likely lose it!
If an .eu domain expires it goes into quarantine for 40 days, during which time websites and email addresses associated will no longer work. Once the quarantine period has passed, the .eu domain name is released onto the open market and can be registered by anyone on a first-come-first-served basis. The domain recovery fee comprises the registrar’s fee starting at £75 + our £20 administration fee + 1 year renewal fee + VAT. Please be aware that it takes 3-5 working days to recover a domain name from quarantine.
19.0 Server upgrades, maintenance, and migration
Server software upgrades are normally performed overnight, and if there is likely to be any associated service downtime then We will normally contact You in advance. However We reserve the right to perform upgrades and maintenance at anytime without notice should the need arise and any associated service downtime will be minimised as far as reasonably practicable. If We need to migrate servers We reserve the right to migrate Your services to another server which would involve changes to the DNS (Domain Name Service – internet addressing system). Any changes to the DNS results in some service downtime whilst the DNS servers across the internet update, typically 24-48hrs. If a need to migrate servers arose We would email You to provide advance notice.
20.0 Open Source Software
Copyrights and Script Licensing. If You install and use an open source application on Your hosting space either via Our control panel or by other means Your licence agreement is with the organisation or company that developed the application, not with Us. Any trademarks, code, and/or script specific data is directly owned by the respective copyright holders.
Open source software is provided as is without warranty. We do not provide free support for third-party applications, support is charged on a time basis at our standard hourly rate. It is Your responsibility to update the software with any available security updates or security patches.
Each of our servers is protected by a firewall, brute force protection, anti-virus protection, and anti-malware protection, and they are located in a secure data centre. All hosting accounts offer the use of a security certificate to provide https connections.
You agree to always use, and require your customers and employess to always use, strong passwords; strong passwords require a combination of upper and lower case letters, numerals, and symbols, and be at least 10 characters long. You agree to ensure that where software you install stores passwords that it does so using one-way encryption.
22.0 Data Protection Regulations
Each of us agrees to comply with our respective obligations under the Data Protection Act 1998 (the “Act”) as applicable to personal data that it controls or processes as part of, or in connection with, its use or provision of the Services. Specifically, but without limitation, you must comply with the Act as it relates to personal data that you store or transfer using Your Hosted System. With respect to personal data stored on our servers via Your hosting account, You are the ‘Data Controller’ and We are the ‘Data Processor’.
You agree to Us storing Your data on servers provided by third party UK companies provided they c omply with current regulations. You warrant that personal data stored has been collected on an ‘opt-in’ basis.
23.0 E-commerce and PCI Compliance
If You use e-commerce on Your hosting account You agree not to collect payment card data via a webpage hosted on Our servers but instead via a third party secure payment gateway such as Paypal. You agree to comply with PCI-DSS (Payment Card Industry Data Security Standards) and to conduct an annual compliance audit. Our servers are PCI-DSS compliant.
We aim to give outstanding service and value for money, however we recognise that from time to time issues can arise that need to be escalated. We are committed to resolving any such issues as quickly and efficiently as possible. If you are unhappy with any of our services, or you feel that you have not received a satisfactory response, please email Us at firstname.lastname@example.org including your name, company name, and any relevant support ticket references and we will thoroughly investigate any issues raised and propose a course of action for resolution.
25.0 Force Majeure
Neither of us will be in breach of the Agreement if the failure to perform the obligation is due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organised labour action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The Company will not be responsible for any damages Your business may suffer. The Company makes no warranties of any kind, expressed or implied for services we provide. The Company disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by The Company and its employees. The Company makes no "uptime" guarantees.
The Company perform backups of hosting accounts on a regular basis for disaster recovery purposes however they come with no guarantee. The Company can accept no responsibility for any loss of data or consequences arising from this. The Company always advises clients to back up their site data regularly for their own protection.
All communications (emails, verbal or written) are between The Company and The Client. These communications are private and are therefore not to be shared with any other parties.
This agreement is made between The Client and The Company. If you are purchasing hosting on behalf of another party please ensure you specify the account owners details. The Company will only be able to communicate with regards to the account with the registered customer and not a third-party.
The Company would emphasize that in accepting services, customers indemnify The Company for the violation of any law or of The Company’s policy that results in loss to The Company or the bringing of any claim against The Company. This means that if The Company is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against The Company, plus costs and reasonable legal fees.
Failure to comply with any of Our terms & conditions will result in grounds for immediate account termination. The Company reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.