Contents

Please find below the contents to which refers to the content of these terms and conditions:

1.0        Service & Agreement
1.1        Acceptance & Assignment
1.2        Pricing Policy
1.3        Payment & Billing System
1.4        Provision of Services
1.5        Suspension of Services
1.6        Violations of Acceptable Use & Behaviour Policy
1.7        Bandwidth Usage
1.8        Promotion of any illicit or malicious activity
1.9        The Subscriber agrees
2.0        Abuse of Recourse
2.1        Resellers ‘Client’ Responsibility
2.2        Termination of Agreement
2.3        Cancellation
2.4        Refund Terms
2.5        Website Design
2.6        Business Cards
2.7        Backups & Data Loss
2.8        Contact
2.9        Email
3.0        Use & Ownership Rights of Domain’s
3.1        Information Collation & Utilisation
3.2        General
3.3        Indemnity
3.4        Disclaimer, Limitation of Liability & Exclusion of Warranties
3.5        Changes to Terms & Conditions of Service


 

1.0       Service & Agreement

This Service Agreement ("Agreement") governs the relationship of the Service Provider ‘Hosting Vortex’, its systems and resources (the "Service"), and any entity that is explicitly granted use of the Service (the "Subscriber").


1.1       Acceptance & Assignment

The "Subscriber" shall indicate acceptance of this "Agreement" in the course of submitting an order to the Service Provider ‘Hosting Vortex’ through the Service Provider's electronic order form or by accessing the Service.
The “Subscriber” by means of ordering, making ongoing and continued payment of services accepts and will be satisfied to adhere to the ‘Terms & Conditions’ of service here applied.
We will provide your selected "Subscriber" service normally within 48 hours of receipt and completion of payment.
The "Subscriber" may not assign rights or delegate duties assumed by acceptance of this "Agreement" without the prior written consent of the Service Provider ‘Hosting Vortex’; any attempt to assign or delegate without consent shall be void.
The party assuming the rights to the "Service" shall be responsible for the Subscription described in the Fee Schedule and form part of this "Agreement".


1.2       Pricing Policy

The “Service Provider” Hosting Vortex reserves the right to change the prices for the provision of Services at any time although pricing is guaranteed for the period of any prepayment, up until the next billing period, invoice due date.


1.3       Payment & Billing System

The "Subscriber" agrees to pay all fees invoiced by the Service Provider ‘Hosting Vortex’ via ‘Pay Offline’ or ‘PayPal’ transaction. All payments must be in GBP (£) Pounds Sterling and made in advance of any “Service” provision. The “Subscriber” will automatically be charged by means of an invoice, sent via email unless otherwise agreed detailing relevant services. All charges shall be payable by the due date/s shown.
Where the "Subscriber" has not elected to automatically transact payments to the Service Provider ‘Hosting Vortex’, or in the event that an automatically-transacted payment should fail, the “Subscriber” agrees to promptly pay any invoiced charges to the Service Provider ‘Hosting Vortex’  prior to or by the invoice due date. Any payment received after the invoice due date indicated to the "Subscriber" by electronic mail shall be considered a late payment.
Any account not paid within fifteen (15) days from the invoice due date will be suspended, if after a further fifteen (15) days elapse and payment has still not been received, the "Subscribers" Account may be terminated without notice. Upon such termination, all service provision files relating to the "Subscriber" will be deleted. No redress can be sought in such event.

1.4       Provision of Services

The Service Provider ‘Hosting Vortex’ shall provide access to the Services paid for by the "Subscriber" expressly for the use of the "Subscriber", to include maintenance of the network infrastructure necessary to connect the Service to the Internet and a password to support authentication while using the Service.

The "Subscriber" shall be careful with their website security, we can not be held responsible for site deletion by Subscribers who divulge their passwords to ‘any’ other (party) user. We do however operate a full site back up service which is provided to every authorised user.

The "Subscriber" shall not obtain any right or title in any equipment or software belonging to the Service Provider ‘Hosting Vortex’ or any third parties whose equipment the Service Provider may utilise to provide the Service.

During the term of this Agreement, and conditioned upon full payment of fees, the Service Provider ‘Hosting Vortex’ grants access and use solely on the grounds of acceptable operations as defined  in the "Violations of Acceptable Use & Behaviour Policy" detailed below.

The "Subscriber" will notify the Service Provider to request permission prior to engaging in any activity which may impact the quality of service for other Subscribers.

The Service Provider ‘Hosting Vortex’ reserves the right to monitor the use of the Service to determine (at its sole discretion) whether an act constitutes a violation of the "Violations of Acceptable Use & Behaviour Policy".


1.5       Suspension of Services

The Service Provider ‘Hosting Vortex’ reserves the right to suspend use of the Service (at its sole discretion) should it deem that the “Subscriber” in using, operating the Service does soin a manner that contravenes or constitutes a violation of UK (United Kingdom) and or International Law. Please refer to our "Violations of Acceptable Use & Behaviour Policy" detailed below.

Should your account exceed the allocated ‘Bandwidth’ amount we reserve the right to suspend the account until the start of the next allocation, please refer to ‘Bandwidth Usage’ detailed below.

 

1.6       Violations of Acceptable Use & Behaviour Policy
 

The following list is meant to serve as a guide to our ‘Acceptable Use & Behaviour Policy’, but is not a complete enumeration of prohibited activities. This list is to serve as a guideline

(not exhaustive) of unacceptable use and behaviour, acts that will be considered violations are:

• Any use of the service that violates or is in breach of UK (United Kingdom) and or International law.
• Any activities that may violate export International control regulations, and any restrictions (including making non-exportable information or software available to foreign nationals as may  be prohibited by law).
• Transmitting copyrighted material without authorization from the copyright holder.
• Broadcasting someone's intellectual property, audio or video, without first obtaining relevant licence/s, and or permission/s dictated, required by UK (United Kingdom) and or International Law.

1.7       Bandwidth Usage
 

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased (at an additional fee), suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Please note; unused transfer in one month cannot be carried over to the next month.
 

1.8       Promotion of any illicit or malicious activity to include:

• Purposefully interfering with the regular operation of the Service.
• Attempting to access any system which the Subscriber knows or should reasonably know that the Subscriber is not authorised to do so.
• Hosting any deceptive material for the purposes of ‘Phishing’.
• To use any password cracking software or other ‘Hacking Tools’.
• Run root exploit kits against other servers.
• Scan networks, gambling, circumvent copyright or patent protection or expose any trade secret/s.
• Distribute viruses ‘Worms’ or ‘Trojan Horses’.
• Any activities which result in the spread of computer viruses or other damage programme or data files.
• Forging or misrepresenting message headers in whole or in part.
• Violating of the rights of privacy or publicity of an individual.
• Threatening or encouraging bodily harm or destruction of property.

1.9       The Subscriber agrees NOT to:

• Post commercial, political, or advertising posts to public forums.
• Issue unsolicited ‘track-backs’ for the purpose of promotion.
• Provide DNS resolution in support of Unsolicited Bulk Electronic Mailing.
• Host a destination site linked from an Unsolicited Bulk Electronic Mailing.
• Operate an open mail relay.
• Post or retain any material on the Subscriber’s Website, E-mail Account, Server which is offensive, abusive, indecent, defamatory, obscene, menacing, in breach of confidence,
  and/or infringes the Intellectual Property Rights of any third party or contain a virus or other hostile code or constitute, procure or encourage a criminal offence.

2.0       Abuse of Recourse to Include:

• Consistent overuse of shared resources to the detriment of other Subscribers.
• Operating an open proxy server or using the Service as part of a proxy network.
• Use of a insufficiently secure (“null”) password, dictionary word as password, or any other form of authentication lacking reasonable secrecy from a third party as part of a root or User-level authentication scheme.
• Allowing an unauthorised third party to establish root access to Service provided by the Service Provider ‘Hosting Vortex’.
• Allowing an unauthorised third party to establish user-level access to Service provided by the Service Provider ‘Hosting Vortex’.

2.1       Resellers ‘Client’ Responsibility

Resellers are responsible for supporting their clients. The Service Provider ‘Hosting Vortex’ will not provide support to our Reseller's ‘Clients’. If a Reseller's ‘Client’ contacts us, we reserve the right to place the ‘Client’ account on hold until the Reseller can assume their responsibility for their ‘Client’. All support requests must be made by the Reseller on their ‘Clients, behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their Reseller account and the actions of their ‘Clients'. The Service Provider ‘Hosting Vortex’ hold the reseller responsible for any of their ‘Clients’ actions that violate UK (United Kingdom) and or International Law, or our terms of service.

2.2       Termination of Agreement:
 

• The "Subscriber" may terminate at the end of the present billing cycle by submitting a cancellation request via an electronic mail
• The Service Provider may terminate with thirty (30) days prior notice.
• The Service Provider may terminate with fifteen (15) days notice should the Subscriber fail to correct any breach of this Agreement.
• The Service Provider ‘Hosting Vortex’ may immediately and without prior notice terminate upon determining (at its sole discretion), if the Subscriber is in violation of acceptable use.
• The Service Provider ‘Hosting Vortex’ may provide ‘Termination of Agreement’ notice by electronic mail as an acceptable means of communication.

 
2.3       Cancellation

The "Subscriber" may cancel the "Service" provision/s at any time, but this must be done in writing by means of an email denoting relevant request. In such an event and only upon receipt, the Service Provider ‘Hosting Vortex’ will acknowledge the “Subscriber/s” cancellation request, cease "Service" provision/s and aim to terminate this "Agreement" within fourteen (14) days of that date.


2.4       Refund Terms

All payments to The Service Provider ‘Hosting Vortex’ are non-refundable. However, if you are paying annually for hosting services and cancel early before your twelve (12) months of service is over, we will issue a pro-rata refund for full unused months at time of cancellation. In such an event, a surcharge equating to 50% will be deducted from the total amount to refund.
All Domain name registration fees in whole or part, plus any charges for customization and extras added to your account are non-refundable.
Where ‘Business Cards’ are ordered, resulting ‘proof’ has been approved, orders will be non-cancellable or refundable.
Your ‘statutory’ rights under UK Law are unaffected by these terms.


2.5       Website Design

Where website design service is requested, it will be the “Subscribers” responsibility to provide information, images, pictures (if desired) to enable ‘proof’ example of website to be delivered for the “Subscribers” review and consideration. The service provision of ‘hosting’ will commence on the date of order irrespective of time employed to provide web-design, this being dependant in part on the provision necessary information and detail by the “Subscriber”. Once approval from draft ‘proof’ proposal has been given, resulting website will be uploaded and public www access to the internet will be provided, normally be within 72 hours from point of acceptance.


2.6       Business Cards

The “Subscriber” will be requested to supply preferred layout and whether there might be a requirement to include logo’s, advising selection of options, type and quantities as detailed on the service provider’s website. In every instance business cards are requested, a proof example for the “Subscribers” review will be produced and only when approval is given, will the cards in quantities requested be ordered. Please refer to above note regarding our ‘non-cancellable or refundable’ payment policy relating to supply of business cards once approval, orders have been placed.


2.7       Backups & Data Loss

Your use of the service is at your sole risk. The Service Provider ‘Hosting Vortex’ is not responsible for files and/or data loss residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and/or data stored on ‘Hosting Vortex’ servers.
The Service Provider ‘Hosting Vortex’ shall be excused from any delay or failure in performance under this Agreement which is caused by reason of any occurrence or contingency beyond it’s reasonable control, including without limitation: acts of God, earthquake, labour disputes and strikes, riots, war, and governmental requirements


2.8       Contact

The Service Provider ‘Hosting Vortex’ may from time to time contact the "Subscriber" by email with news about our website and offers. By agreeing to these terms and conditions you are granting permission for us to contact you.


2.9       Email

Subscriber agrees not to send unsolicited commercial and/or bulk electronic mail other than those the Subscriber agrees to send bulk electronic mail, or to any party who have specifically requested to receive such mail. Any and all such mail must comply with all UK (United Kingdom) & International law governing transmission of electronic mail.


3.0       Use & Ownership Rights of Domain’s

You expressly understand and agree that any domains registered via The Service Provider ‘Hosting Vortex’ in your name using our registration service may be taken without notice by ‘Hosting Vortex’ as collateral for any overdue amounts owed if your account remains overdue beyond thirty (30) days, or as a result of a failure to meet your contractual obligations.
You understand that in the event your account is not paid within ninety (90) days your domain ‘Ownership’ may be secured by The Service Provider ‘Hosting Vortex’ and immediately transferred to ‘Hosting Vortex’, at which time if your account still remains unpaid will consider the adoption permanent and the domain may then be sold by ‘Hosting Vortex’ to offset any costs written off as a result of any loss.


3.1       Information Collation & Utilisation

Upon (the "Subscriber") requesting Services from ‘Hosting Vortex’, certain information will be required. This may include, but is not limited to, your name, date of birth, your business name,  your address, email address, telephone number, facsimile number and mobile number. This information may be used for the management and administration of any account and to enable  the Service Provider ‘Hosting Vortex’ to make contact with the Customer from time to time as may be required.
Where prior (verbal) agreement is made between the Service Provider ‘Hosting Vortex’ and (the "Subscriber"), referral to (the "Subscriber") website and business reference/s may be made without need for any written reference.
When any person visits the ‘Hosting Vortex’ website, we may store any IP Address and use Cookies where appropriate, which we may use for internal statistical analysis or as otherwise may be applicable. We may also store non-personal information, such as your browser type.
We will not divulge any personal information to any third party save for the following reason; as required to do so by law, regulation, statute, treaty or similar provision and/or to any organisation, agency or otherwise with appropriate authority.
The service provider ‘Hosting Vortex’ is registered with the ‘Information Commissioner’s Office’ under the Data Protection Act 1998.


3.2       General

If you believe you or your system was the subject of an attack originating from our network, please contact us immediately. Our security response team will investigate all complaints received at the soonest opportunity.


3.3       Indemnity

The Subscriber shall indemnify and hold the Service Provider ‘Hosting Vortex’ harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect, and consequential), legal fees and expenses that the Service Provider may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement (including reasonable legal fees) and for any act or omission of the Subscriber which are in any way related to the Service.


3.4       Disclaimer, Limitation of Liability & Exclusion of Warranties

THE TOTAL AGGREGATE LIABILITY OF THE SERVICE PROVIDER TO CUSTOMER SHALL BE LIMITED TO THE AMOUNT PAID TO THE SERVICE PROVIDER ‘HOSTING VORTEX’BY CUSTOMER HEREUNDER DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM IN WHICH THE SERVICE PROVIDER IS LIABLE TO CUSTOMER.
IN NO EVENT SHALL THE SERVICE PROVIDER ‘HOSTING VORTEX’ BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT, OR OTHERWISE, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF THE FAILURE OF AN AGREED UPON REMEDY. THE SERVICE PROVIDER ‘HOSTING VORTEX’ PROVIDES THE SERVICE ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
While the Service Provider ‘Hosting Vortex’ makes reasonable efforts to maintain the Service, many factors are not within the Service Provider's control. Therefore, the Service Provider ‘Hosting Vortex’ does not warrant, and is not responsible for (even if caused by negligence of the Service Provider) any loss of data, delays, non-delivery or miss-delivery of information, lack of access, slow response time, interruptions of the Service, or errors of the Service. Loss, delay or non-delivery of data can be due to but not limited to the Service Provider's own negligence, viruses, or other third parties.
The "Subscribers" data is defined as any data held by the Service Provider ‘Hosting Vortex’ and includes account information, web hosting data, email, and domain name services.
This disclaimer and waiver shall apply equally to any and all third party providers.
The Service Provider ‘Hosting Vortex’ makes no warranty to the “Subscriber” regarding the accuracy of usage statistics, which the Service Provider ‘Hosting Vortex’ may provide at its discretion. Further more, no advice or information given by any representative of the Service Provider ‘Hosting Vortex’ shall create a warranty or serve as amendment to this Agreement.


3.5       Changes to Terms & Conditions of Service

The Service Provider ‘Hosting Vortex’ reserves the right to revise its policies, the Service ("Agreement") Terms & Conditions at any time without issuing notice.  A copy of current Service ("Agreement") Terms & Conditions can be found on our website; http://www.hostingvortex.co.uk/