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Legal
Information - Terms of
Service:
Terms of Service
Acceptable
Use Policy
(AUP)
Nominet
Terms (Applying to all UK
domains)
Privacy
Policy
Terms
of Service
1. General
Terms
The following
Terms of Service, Acceptable Use Policy
and accompanying policies (collectively
the "TOS", "contract" or the "Agreement")
constitute a binding, legal agreement
between EZsetup (The "Company", "us" or "we") and the
customer (the "Customer" or "you") which
shall govern the terms and conditions of
services provided by the Company. The
Company agrees to provide services to the
Customer in accordance with the terms and
conditions set forth in the
Agreement.
1.1 Definition of
Terms. All services provided by
EZsetup are henceforth referred to as the "Service".
All accounts, whether they be shared web
hosting, server management, or any other
product or service offered by
EZsetup, are governed under the Agreement and subject
to all terms and conditions. In all parts
of the Agreement, singular refers to
plural and masculine refers to feminine as
applicable.
1.2.
Modifications to this Agreement. We
reserve the right to change the Agreement
at anytime, in whole or in part, at any
time. Where you disagree with the updated
agreement, you will be able to cancel and
terminate services at the end of your
current billing period. If you reject the
updated agreement and fail to contact us
within seven (7) days giving notice of
your rejection in writing, it will be
assumed that you acknowledge and agree to
the updated Agreement and agree to be
bound by the updated terms. You
acknowledge that any changes or
modifications shall not constitute grounds
for non-payment.
1.3. Transfer of
Rights and Assignation. Under no
circumstances shall the Customer transfer
their rights under this agreement to any
other individual or third-party without
the direct written consent of the Company.
The company shall be entitled in its
absolute discretion to assign the whole or
any part of this agreement.
1.4.
Severability. Every provision set out in a
separate paragraph will be construed as a
separate and independent provision
severable from all or any of the other
provisions. The headings are for
convenience only and will not affect the
validity or construction
thereof.
1.5. Accepted
Methods of Notification. Where you are
required to give notice to us under this
agreement, all notifications must be made
in writing and delivered either via our
online members area, by sending a support
ticket to the cancellation department.
Notification given in any other form, for
example, over the telephone or informal
email to an employee or company director
will not be accepted.
1.6.
Jurisdiction. This contract and agreement
shall be governed and construed in
accordance with the Laws of England,
United Kingdom, and the parties submit to
the non-exclusive jurisdiction of the
Courts of the said Country.
1.7. Timeframes.
All dates and times are given in good
faith but no liability is accepted for
damage or loss caused by delay.
1.8. Limitation
of Liability. Neither party shall be
liable for any indirect, incidental,
special, punitive, or consequential
damages, or any loss of profits, revenue,
data, or data use. Our maximum liability
for any damages whether in contract or
delict will not exceed the fees which you
have paid to us or are payable to us for
this order, and if such damages result
from your use of the software or technical
support, the liability shall be limited to
the fees paid or payable for the software
or technical support.
2. Order
Acceptance
2.1. Request for
provision of services.
EZsetup, as a company dealing in online ecommerce,
makes available to you an order form for
the purpose of ordering services. During
the order process, you will be assigned a
unique order ID and your payment will be
taken and/or your payment details stored.
This does not constitute acceptance of
your order. Your order is only accepted
when you receive an email or other
communication from us informing you that
your order has been accepted and your
service is now in the process of being
provisioned. Your order may be rejected at
any point prior and for a period of up-to
twenty-four (24) hours following this, in
cases where we believe your order
represents too high a risk, we do not have
the stock to fulfill your order or where
you placed the order improperly &endash;
for example, ordering a service with a
promotion (including coupon codes or other
automatic discounts) which has expired.
The company will be the sole judge in
deciding what constitutes placing an order
improperly.
2.2. Proof of
identity and payment. As
EZsetup operates in industries with high-fraud risks,
we perform extensive checks on all orders.
These checks are carried out in full
compliance with our privacy policy.
EZsetup will refuse and refund orders where we deem
the order to be too high a risk, where we
believe the documentation or details
provided are not legitimate.
EZsetup co-operates fully with local and
international law enforcement agencies and
reports all instances of fraud or
suspected fraud.
2.3. Substitution
and upgrades. Due to parts availability or
other concerns, when you order a service
from EZsetup, the entire service or components of the
service purchased may be replaced and/or
substituted for components of equal
performance or value. Components may also
be upgraded with components which are of
greater value and / or represent faster or
improved performance. Where we decide to
upgrade or substitute all or part of your
service, there will be no change to the
monthly fee or setup fees charged. The
company will be the sole judge as to what
constitutes 'equal performance or value'.
The service specification listed on our
website and/or in any advertisement should
be considered the minimum specification
which EZsetup will provide where an order has been placed
by you and accepted by us.
2.4. Incorrect or
Inaccurate Information. We endeavor to
make all the information on our websites
and in our advertisements as accurate as
possible. EZsetup however does not warrant that the information
provided is complete, reliable, current,
or error-free. If an error is found within
fourteen (14) days of accepting your
order, we will contact you as quickly as
possible and allow you to either cancel
your order or re-confirm your order with
the correct information. Where we do not
receive a response from you within
seventy-two (72) hours, we will cancel
your order and refund you via the means
payment was taken.
2.5. Contract
Period. Unless otherwise agreed in
writing, all services are provided on a
month to month basis. The minimum contract
period is one (1) month. The contract and
billing period start from the date the
service is ordered by you from
us.
3. Billing and
Refund Policy
3.1. Payment
Policy. All fees for Service provided by
the Company are due in advance on the
first day of each billing cycle. An
invoice for Services due will be generated
on your account and dispatched to your
primary account e-mail address
approximately five (5) days prior to your
actual due date. Within those five (5)
days, the Customer must login to the
billing center and make full payment of
all due amounts. It shall be the
Customer's responsibility to ensure that
full payment is received prior to the
designated invoice due date. Reminder
invoices and/or notices are not
guaranteed.
All invoices must
be paid in full not later than 11:59 PM
GMT on the designated invoice due date. If
we do not receive full payment on any
given invoice before the designated
invoice due date, the Customer's account
will become delinquent. All delinquent
accounts are subject to immediate
suspension or disconnection of all
provided Services, not just the Service
that is past due or delinquent. Any
account that remains delinquent for more
than twenty-four (24) hours following
suspension or disconnection of services is
subject to immediate cancellation of all
Services provided. In the event of
cancellation for non-payment, all Services
provided by EZsetup will be terminated, and all associated data
will be permanently lost. The customer
acknowledges that EZsetup is not responsible for any damages or losses
due to cancellation for
non-payment.
All invoices that
remain unpaid after seven (7) days of the
designated invoice due date will be
referred to our collections agency. The
collections agency used by
EZsetup may vary from time to time. If civil
litigation is deemed necessary to collect
a past due balance, the Customer agrees to
pay all of our court and solicitors fees,
in addition to the collections fee,
original amount due, and any reconnection
charges. The Customer agrees to a place of
venue of the Company's
choosing.
3.2. Refunds
Policy. Except as specified elsewhere in
this agreement, all payments to
EZsetup are final and non-refundable. This includes
the one-time setup fee and all subsequent
charges or fees regardless of usage.
Refunds will be made where we are legally
obligated to do so. We may also provide
refunds at our discretion. If you believe
you have been overcharged or falsely
billed, you must communicate these
concerns to our Billing Department within
twenty-eight (28) days of such overcharge
or false billing.
3.3. Bank
Assisted Disputes ("Chargeback"), Payment
Disputes or Payment Reversals. Initiation
of any complaint or Bank Assisted Dispute
(chargeback) against us constitutes a
severe breach of this agreement. A
"complaint or chargeback" shall be defined
as initiating any form of complaint or
chargeback with PayPal, your credit card
issuer or bank. Upon receipt of a
complaint or chargeback, or threat
thereof, EZsetup will immediately suspend or disconnect all
Services provided to the Customer. If we
do not hear from you within twenty-four
(24) hours of such suspension, we will
immediately cancel and terminate all
Services provided, not just the Service
that is being disputed. We will then
initiate proceedings with our collections
agency to collect and recover the full
amount for services. Please note that
threats of a complaint or chargeback will
be treated the same as an actual complaint
or chargeback
4.
Cancellation Policy
4.1. Cancellation
Policy. You may cancel your Services with
EZsetup at anytime by providing the Company with not
less than five (5) days prior written
notice of your intent to cancel Services.
All cancellation requests must be
submitted to us via our online ticketing
system, must be submitted to the billing
department, and must contain all
information requested. Cancellation
requests received not meeting these
conditions will not be
accepted.
We must emphasize
that if you do not cancel a Service at
least five (5) days prior to your next
scheduled due date for that Service, it
will be assumed that you intend to renew
the Service for an additional billing
cycle, and you will be responsible for
payment of the next generated
invoice
We may at our
discretion accept cancellation requests
less than five (5) days prior to your next
scheduled renewal date.
Cancellation
requests after the first 7 days of service
must be received at least five (5) days
prior to your "monthly" renewal date. If
cancellation of service is not done (5)
days prior to your "monthly" renewal date,
you will be billed the following month and
every month, including any late
fees, thereafter until we receive
the proper cancellation notice as outlined
above. The date you send your cancellation
is the date your account will be
cancelled.
Our billing
system is automated and canceling your
PayPal or Credit Card subscription may
result in immediate cancellation of your
hosting account regardless of any
remaining time left that you have pre-paid
for. Once your account is cancelled, there
is no way to retrieve your data. Please
backup you data before you
cancel.
5. Uptime/SLA
Agreement
5.1. Service
Level Agreement. EZsetup guarantees at least 99.9% network and power
uptime. This excludes scheduled
maintenance, reboots, self-inflicted
downtime, acts of God, backbone issues,
DDoS attacks, hardware failure, downtime
on individual servers, service failures,
labor strikes, or other conditions out of
the company's control. In the unlikely
event that we fail to meet our network
uptime guarantee, we will issue a prorated
credit to your account to be credited to
your next invoice.
6. Support
Policy
6.1. Sales,
Billing and Network Support. All services
provided by the company to the customer
are "unmanaged". The company is not
obligated to assist or provide technical
support for any software issues. The
company will have the sole decision on
what constitutes a software issue. For the
purposes of sales questions, billing
enquiries and technical support related to
the server hardware or network, the
company provides access to a support
helpdesk, accessible from our support
site. Any Customer requiring assistance
beyond our normal support policy will be
notified that the request falls outside
our normal support policy.
6.2. Support
Abuse. Abuse or disrespect directed
towards our staff or network staff will
never be tolerated. If you are
disrespectful, use foul language, threaten
us, or do anything else we may find
offensive, you will be considered in
severe breach of this agreement.
Violations of this policy carry heavy
penalties including, but not limited to,
warning, extended suspension or
disconnection of all Services provided, or
cancellation of all Services provided.
Prior to un-suspension or disconnection of
a Service suspended or disconnected for
violation of this policy may be subject to
an "Administrative Charge" of £25.00.
As per this agreement, no refunds will be
offered in the event that cancellation is
considered.
 
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