This agreement is between ello group trading as Xagga Hosting (herein referred to as "We" or "Us" or "Our") and You as the Customer (herein referred to as "You" or "Your" or "Customer" or "Client") regarding the hosting Services we operate.
The use of “Account” or "Accounts" or “Package” or "Packages" or “Service” or “Services” herein refer to our web hosting, reseller hosting and VPS hosting products.
We reserve the right to amend, add or remove Terms & Conditions at any given time from any of our agreements/documents, and You shall obey to the current (published) version. You should check this page regularly for changes to Your agreement.
0. General terms
• We provide all customer/technical/billing support, both written and verbal, in English (British) only. We cannot be held responsible in any way for problems/issues/faults due to translation and/or language breakdown. Should this happen on a frequent basis, We reserve the right to Terminate Your Services at Our discretion.
• To “Suspend” is to temporarily shut down, ban or disable an Account or Accounts or Service or Services.
To “Terminate” is to permanently close an Account or Accounts or Service or Services and delete all subsequent data. Thus, Termination is irreversible.
• Hosting Services are available to individuals and companies in most countries across the world, however You must use Your Services in compliance with UK laws & regulations in addition to Your local laws & regulations. We reserve the right to refuse, cancel and/or terminate Your Services should we find other customers from your country/location excessively abusive of our Services.
• We reserve the right to change, edit or alter the specifications of Our packages at any given time, though We will give as much notice in advance as possible should any packages change.
• You must be at least 18 years of age to purchase any Services. Proof of identification and/or age may be required when purchasing any Services.
• By purchasing any hosting Service You agree that You are bound by all Terms and Conditions outlined in this agreement, in addition to our Acceptable Use Policy as viewed here. Where applicable, such as when you have purchased/trasferred/renewed a domain name or an SSL Certificate, our Domain and SSL Policy also applies, as viewed here. Reseller Hosting Customers are also bound by our Resller Hosting Policy as viewed here.
• VPS hosting products are bound by the Terms and Conditons, and Acceptable Use Policy as set out at www.vpsnodes.net/legal as VPS hosting products are sold and supported by VPSnodes.net, a trading style of ello group.
• We only accept PayPal as our payment method. This provides Us and You with additional buyer protection on our Services.
• All Accounts are activated when PayPal confirms the payment, and when Our staff have reviewed the Account details to confirm they are correct. This procedure was put in to place to help stop spammers from abusing the Services.
• All Services run on a “monthly rolling contract” – Your Services will automatically renew and continue each month until You cancel.
• Invoicing will occur five (5) days before Your billing date and We will automatically take payment if You have configured a PayPal Subscription. Otherwise, You are expected to complete the transaction on or before the billing date.
• If Your invoice is not paid on or before the billing date, Your Services will be automatically suspended. Providing there is a genuine billing error or valid reason for non-payment, We may, at Our sole discretion unsuspend Your Services and give You a grace period of up to 5 days (additional). During this time You are expected to pay the outstanding invoice(s). Failing to pay these within your grace period will see Your Services suspended once again. Any overdue invoices will incur a 10% non-negotiable overdue fee.
• If Your invoice remains unpaid on or after twenty-one (21) days of the invoice being issued, We reserve the right to terminate Your Accounts and Services, and subsequently erase all data.
• If You choose to pay by PayPal Subscription, this will set up an automatic monthly recurring payment whereby Our billing platform will automatically debit Your PayPal every month for the cost of Your Services. If You ever decide to cancel Your Services with us, it is Your responsiblity to ensure the PayPal Subscripton is cancelled so that We do not receive payment for non-active Services.
• We reserve the right to terminate Services and subsequently ban any Customer/Client whereby we experience persistent billing faults and/or non-payment due to Customer/Client error, misuse or negligence.
• To cancel Your Services, You may request a Cancellation by submitting a ticket, e-mailing or telephoning Our Customer Support Team. Please take note of Our regular working hours which are outlined on Our contact us page here.
• You may request to cancel Your Services at any time. However, if You make a cancellation request within twenty-four (24) hours of Your next billing date, We are unable to guarantee You will not be charged for another month's Services.
• Should You sign up to an Account that includes a free domain name, a £20 cancellation fee is applicable should You ever wish to cancel Your Account/Services, or move Your domain name away to another registrar.
• Unless of a billing fault on Our part, We will not issue any refunds.
• In the case of a billing fault on Our part, We will issue a refund within fourteen (14) working days.
• Any agreed refunds are issued at the discretion of Our management.
• This also means any credit You may have with Us cannot be refunded.
4. Customer support
• In this clause, We refer to Customer Support as being telephone, e-mail and support ticketing between Us and You.
• You agree that You are liable for all charges levied by Your telephone provider arising from telephoning our Customer Support Team.
• We will try but cannot guarantee to provide support for any third-party software that You may have installed on your hosting Services or Accounts.
• Our Customer and Technical Support Team agents are kind, friendly and not agressive towards customers, thus We expect the same attitude to be shown towards them. If We believe that You are abusive towards any of Our agents, We reserve the right to suspend and/or terminate Your Services immediately without any prior warning. As such, We will not tolerate any of the following: use of profanity, agressiveness, rudeness, threatening or any other type of abuse.
• Web Hosting and Reseller Hosting customers are able to create and download full web site backups at any time through their 'cPanel' software interface.
• We make every effort to ensure working backups are made of Your files; however we cannot be held responsible for any loss of data as a result of a system failure or the negligence of You or Us.
• Some Services may have extra backup schedules or locations to be purchased at an additional fee. Whilst We make every effort to ensure all backups are free from corruption, We are unable to guarantee this.
6. Uptime guarantee
All Web Hosting and Reseller Hosting Accounts and Services are backed by a 99% monthly uptime guarantee. This guarantees the Servers and Networks Your data is hosted on are available at minimum 99% of the month. If, at the end of the month, We have fallen short of this guarantee, We will give you an extra month's hosting - free!
• Our hosting Servers are monitored by an independent monitoring platform Bijk, and We will only base Our monthly uptime from the results of this platform. Thus, if Pingdom shows our uptime greater than 99% we will not issue any credit for your hosting.
• If We have fallen short of Our guarantee, You must request Your free month's hosting from Our Customer Support Team no later than seven (7) days after the closure of the month. Any requests made after this time will be considered invalid.
• Any scheduled server or network maintenance listed on our system status page including any resulting downtime is excluded from this guarantee.
7. Privacy of shared servers
You should never consider files stored on shared servers as private. We may review files stored under web hosting and reseller hosting accounts from time to time. Subsequently, if We find any files that are in breach of our Terms & Conditions we would immediately ask that you remedy the situation and ensure you adhere to the Terms & Conditions. We may, in some scenarios, erase such files without prior notification, then issue a warning to You. If We find multiple breaches of our Terms & Conditions, We may terminate Your Account at our discretion without prior notification.
8. Server location
For some products and Services, We allow You to choose or set the location You would like Your Services hosted. However, this is on an "as available" basis; if the location You chose is at full or near full capacity, We will provision your Services elsewhere in another location.
In the event of catastrophic Services failure, We may at Our sole discretion, reprovide Your Services in another location to resume or continue high levels of service, in some cases with less resources such as CPU power, RAM or bandwidth. Should such an event occur, You may request that Your Services are moved back to the original location at any time and We will try our utmost to perform this action as soon as possible.
9. Limitation of Liability
We disclaim all liabilities in connection with the following:
• Loss of any data.
• Incompatibility of Our Services with any of Your equipment, software or telecommunications links.
• Technical problems, errors or interruptions beyond Our direct control.
• Computer viruses or malware obtained directly or indirectly from the use of Our Services or Accounts, including those of which We host but do not have explicit control over..
• Any security breaches which may affect the Services.
We accept no responsibility for the suspension or termination of any Services should You fail to receive e-mails from Us due to e-mail delivery issues or incorrect spam flagging.
In no event shall We be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.
You accept all responsibility and liability for any data published or made available to the Internet through the use of Our Services. Furthermore, We cannot be held responsible for any software or services provided by third parties made available through the use of Our Services or the Internet.
We cannot be held responsible for failure or delay in performing our obligations due to circumstances beyond Our direct control, including but not limited to acts of God or a government body, war, fire, strike or labour disturbance, unavailability of telecommunications, failure of third party hardware or software, inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
You agree that You shall indemnify, save and hold Us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Us, Our agents, customers, offices and employees, that may arise or result from any acts or omissions of You, Your agents, employees or assigns in connection with the use of Our Services.
You agree that We are not liable for any consequential damages which You may suffer as a result of loss of business, contracts, profits, clients or otherwise. We are unable to monitor or control any traffic over the Internet and exclude all liability for the publication of inaccurate, misleading, offensive or otherwise obscene materials which breach our Terms and Conditions, Acceptable Use Policy or any laws.
You shall agree that a court may strike out or override any part of these Terms and Conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the Terms and Conditions as if the offending issues had never been contained in them.