This Agreement represents the Terms & Conditions which apply between the Customer & NodHop Hosting (hereafter referred to as the Supplier) in relation to the provision of Web Hosting Services ( hereafter referred to as the Service). By registering for the Service you are acknowledging these terms & conditions & agree to be bound by them. You warrant that you buy our services as a business and not as a consumer.
The Supplier is responsible for providing the Customer with the following:
- E-Mail Facility
- Technical Support to Registered Users vial Live Help of the Helpdesk for Valid Enquries
UNLIMITED USAGE POLICY
Unlimited Usage applies to shared and reseller hosting services only as specified on the relevant page of the NodHop website.
Unlimited Definition. NodHop does not limit the amount of disk space that a single customer can use on the basis that customers use the service in good faith and in accordance with these terms. The use of the term unlimited relates to the amount of disk space and bandwidth that a small business or home user requires to run their websites.
What is excluded from Unlimited. NodHop offers web hosting services to home users and small to medium sized businesses. The service is not intended to be used by large companies or international organizations or for larger data processing activities which would be better suited to a Dedicated Server. NodHop offers unlimited disk space and bandwidth on certain shared hosting and reseller accounts. As these accounts are on shared servers the service allows Registered Users to use the shared resources of the server. In order to ensure that no one single website can adversely affect the other Registered Users, NodHop’s servers use systems to restrict the amount of certain key
- – CPU
- – Concurrent connections
- – IO
- – Number of processes
- – Memory
- – MySQL CPU & IO
On that basis, if a Registered User is identified as being close to these limits on a consistent basis, NodHop will advise alternative and more appropriate hosting services such as a Virtual Private Server (VPS) or a Dedicated Server. In extreme instances NodHop reserves the right to suspend or cancel the service at their discretion. In such cases, Registered Users will be informed and invited to make the necessary back ups of their account via their web hosting control panel.
EXCLUSIONS FROM THE SERVICE
The following are specifically excluded from the Service:
- The cost of Domain name registration is specifically excluded from the cost of the Service;
- Advice or support for Invalid Enquiries;
- Any access by the Supplier to the Customer’s Webspace via FTP or other electronic means unless with prior agreement with the Registered User
- Advice or support to enquiries received from Unregistered Users
- Adult Content – for further information please refer to our Acceptable Usage Policy
- Spam – for further information please refer to our Acceptable Usage Policy
- Any content which contravenes the Supplier’s Acceptable Usage Policy
The Customer is responsible for ensuring that they will not display via the webspace any materials which:
- Break, contravene, infringe or violate any UK or Foreign Laws or regulations;
- Break, contravene, infringe or violate any intellectual property rights of NodHop Limited or any other third party;
- Are defamatory, slanderous or libelous;
- Are harassing or threatening;
- Are discriminatory based on gender, race, age or promotes hate;
- Violate any NodHop policy posted on the NodHop website and which includes but is not limited to our Acceptable Usage Policy;
- Contain viruses or other computer programming defects which result in damage to NodHop or any third party
The Customer accepts that they may only utilize the Bandwidth allocated to them in the relevant Hosting Package. Additional Fees will be charged for exceeding the relevant bandwidth allowance on the selected Hosting Package.
The Customer accepts that they will use only properly licensed third party software in relation to the Service.
The Customer is responsible for ensuring that they have made back-up files using the Back-up facility provided as part of the Service via the Web Hosting Control Panel.
CONTACT WITH THE SUPPLIER
The Customer acknowledges and recognizes that all contact with the Supplier in the first instance should be made via Live Help, the Helpdesk or via e-mail to firstname.lastname@example.org
The Customer agrees that the Supplier shall offer telephone support as part of the Service only once the Customer has placed a call on the Helpdesk & can quote a Helpdesk reference to assist in the rapid diagnosis of the problem.
The Service Charge shall be those published on the Supplier’s website at the address.
Any changes to the value of the Service Charge shall be notified by e-mail to the Customer and shall take effect from 30 days of this notification.
The Service Charge does not include the Domain Name Registration Fee.
The Monthly Fee for the Service shall be paid by the Customer using the Supplier’s Payment Gateway in advance of the applicable Service Month. The Supplier reserves the right to refuse service to the Customer should the Monthly Fee not be paid in advance of the Service Month. In such instances, if a Customer’s account is suspended there shall be a £10 reactivation charge, which can only be waived at the Supplier’s sole discretion.
The Annual Fee for the Service shall be paid by the Customer using the Supplier’s Payment Gateway in advance of the applicable Service Year. The Supplier reserves the right to refuse service to the Customer should the Annual Fee not be paid in advance of the Service Year. In such instances, if a Customer’s account is suspended there shall be a £10 reactivation charge, which can only be waived at the Supplier’s sole discretion.
In no circumstances are refunds available for domain name registrations/vps/dedicated servers and other services stated products except for domain name transfer requests that have failed. Domain name transfer refunds are made in accordance with the terms below.
All refunds are payable less the Transaction Charge. The Transaction Charge for debit cards is at 25%.
Refunds can not be made in the instance that a customer has ordered a web hosting service and is unable to amend the DNS records of their domain name if it is held with another company.
No refunds can be made 7 days after the service is ordered. For the purpose of clarity, if a service is ordered at 09:00 am on the 1st of the month, a refund is payable up to 09:00 on the 7th day of the month; with the exception of shared hosting services.
All refund requests must be submitted by email to email@example.com & must be sent using the email address submitted when the service was purchased. Refund requests submitted using an email address other than that which was used when purchasing the service will not be processed. If a subsequent request for refund is submitted outside of the 7 day refund period outlined above then the original request is not considered to be a valid refund request. In such instances any refund is at the discretion of the Supplier.
Any request for refund submitted outside of the 7 day refund period outlined above shall be processed at the discretion of the Supplier.
The Customer agrees to be bound by the NodHop Dispute Policy:
If you have any reason to complain in regard of services which have been provided to you by NodHop, you may submit details of your complaint in writing to the following address: firstname.lastname@example.org
Upon receipt of your complaint, NodHop Customer Services will acknowledge receipt by e-mail within a maximum of 5 working days of its receipt. This e-mail will provide details of any actions which NodHop proposes to take in relation to your complaint and the timescale for completion of these actions.
The Customer also agrees that in the event that a dispute arises with any third party, the Customer shall indemnify and hold the Supplier harmless pursuant to the terms and conditions contained in the Dispute Policy.
SERVICE REGISTRATION INFORMATION AND ITS USE
The Customer agrees to provide the Supplier with the following information in order to process your registration:
Customer name, Customer company name, mailing address, telephone number, fax number and e-mail address;
The Customer agrees to adhere to the requirements of the Supplier’s Domain Name Registration Terms and Conditions. The Customer’s attention is drawn to section 10 of these Terms and Conditions relating to the use of information provided to the Supplier by the Customer, and in particular the provision of such information to the relevant Domain Registrars including, but not limited to, ICANN and Nominet.
OBLIGATIONS RELATING TO DATA PROVIDED BY THE CUSTOMER
If the Customer is registering the Service on behalf of a third party, the Customer hereby confirms that they have received their prior written consent to do so and their agreement to these terms and conditions. The Customer hereby indemnifies the Supplier against any actions or legal proceedings from any third parties relating to any such registrations.
DISCLOSURE AND USE OF REGISTRATION INFORMATION
This agreement authorises the Supplier to use any information provided to them as required for the purpose of providing the Service.
The Customer hereby irrevocably waives any and all claims and causes of action that the Customer may have arising from such disclosure or use of the Service registration information.
The Supplier agrees that any information received from the Customer will not be used in any way except for the purposes stated in this agreement.
The Supplier will take reasonable precautions to ensure that any information provided by the Customer is protected against loss, misuse, unauthorized access or disclosure, alteration or destruction.
LIMITATION OF LIABILITY
- The Customer agrees that the Supplier shall, under no circumstances, be liable for any damages resulting from loss of profits or data arising out of or in connection with this Agreement. In particular the Supplier will not be liable for the following:
- interruption of the Customer’s business; events beyond the reasonable control of the Supplier; application of the Dispute Policy
- The Supplier’s maximum aggregate liability shall not exceed the greater of: (a) the total amount paid by the Customer for the total of the first Monthly Fee or the Annual Fee, whichever is applicable; or (b) £30.00 (UK Pounds)
- Sub section iii) above shall not apply in instances where the Service has been suspended due to non payment of the Service Charge by the Customer.
INDEMNIFICATION OF THE SUPPLIER
The Customer agrees to indemnify the Supplier and employees and directors against any action arising from action on the part of Registered or Unregistered Users of the Service.
This indemnification is in addition to any indemnification required under the Dispute Policy.
BREACH AND REVOCATION
The Supplier reserves the right to suspend, cancel or refuse delivery of the Service to any Customer in the event that:
- the Customer materially breaches this Agreement;
- the Customer provides false or inaccurate information;
- The Customer breaches the Supplier’s Acceptable Usage Policy
The Supplier shall not be liable for any delay or failure in performance of its obligations under this Agreement which is due to or results from any acts, events, omissions, happenings or non-happenings beyond its reasonable control including acts of God, strike, work stoppages, governmental regulations, acts or directives, war, riot, fire, flood, civil commotion, equipment or facilities shortages or delays which are experienced by providers of internet services generally, or any circumstances beyond its reasonable control.
Termination may be made by either the Supplier or the Customer with 30 calendar days notice. Such notice must be in writing in the form of an e-mail.
Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, shall be governed by and construed in accordance with the laws of the United Kingdom.
These terms & conditions do not affect your statutory rights as a consumer.