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Copyright © 2021 FASTOX, All rights reserved.
This agreement is made
between Fastox Limited, a limited company registered in England and Wales with
company number 12106087 (“Fastox” which expression shall include all
or any of its subsidiaries, agents, successors and assigns), and you the
customer (“Customer” which expression shall include its permitted
successors and assigns).
When registering an
account or signing up for a service with Fastox, you’ll be agreeing to our
‘Terms & Conditions of Service’ as set out below.
Billing and Charges
All of our Shared hosting
packages carry a 60 day money-back guarantee! If you are dissatisfied for any
reason at all then just let us know why and if we can’t help, we’ll issue a
full hosting refund! Please note that VDS orders, dedicated server orders, and
domain costs are not refundable.
Payments
Renewal invoices are
generated 30 days in advance and sent to your registered e-mail address on
file. It is your responsibility to ensure this e-mail address is kept up to
date and can receive emails from us.
It is important that we
receive payment on time. All services must be paid for by the due date shown on
the invoice unless a written adjustment has been agreed. Failure to complete
payment after this time will result in an automatic reminder when the invoice
is overdue, and automatic account suspension should the invoice remain unpaid
for more than 3 days. This applies to all hosting accounts and virtual servers.
Domain names expire on the day immediately after their renewal date.
If an invoice is unpaid,
the related service will be suspended until such time that payment is received
and you inform us by email that you have paid. At this point we will use all
reasonable endeavours to restore service within 24 hours.
We reserve the right to
alter our prices at any time and will notify you of any alteration by providing
you with a written notice. Notice of any price alteration will be sent via e
mail to the e mail address that we hold for you in our account. If you have
already purchased a particular service then the price alteration will only
become effective when the service reaches the end of its current term.
You warrant that you are
lawfully authorised to make payment using the payment card or facility you
disclose to us. In the event where you are not the named cardholder, you
acknowledge that you and the named cardholder both accept these terms and
conditions and are jointly and severally liable for any payment(s) due. You
hereby indemnify us in the event that the cardholder or issuer declines any
transaction for payment, including our costs in recovering the outstanding
amount due.
If you attempt a
chargeback or dispute a transaction with your bank, we reserve the right to
suspend all services provided to you with immediate effect. Services will
remain suspended and until such time as the chargeback has been fully reversed
in our favour .
If not specifically stated
to the contrary, our services are intended to be used for the purposes of
hosting websites and e-mail. Batch processing, video encoding/transcoding, web
crawling/spidering, archiving and online backup systems and any system for
purposes other than hosting a website are not permitted on our shared hosting
servers. However you may use such tools on a dedicated server. We reserve the
right to enact defensive movements to maintain the stability of our systems for
all clients.
If you believe your
website may be susceptible to high or otherwise abnormal usage you must contact
us to discuss the suitability of your hosting environment.
Cancellation, refunds, termination and
disputes
Cancellation notices for
all services must be given at a minimum of 24 hours in advance of the next
billing date, with the exception of dedicated servers for which we require a
cancellation notice a minimum 30 days before the next billing date. Refunds
will be given for every whole unused prepaid month. Refunds will be paid back
to the payment source you paid with him.
A breach of any of our
terms and conditions will result in immediate termination with no refund. Any
disputes should be expressed in writing via a valid written contact method as
listed on our contact page.
Client Conduct
Under no circumstances
will we tolerate threatening or abusive behavior towards our staff. Should this
occur, we reserve the right to terminate the hosting agreement with immediate
effect.
Should the client, during
the course of a telephone conversation, email or support ticket, make reference
to “legal action” or say anything we might reasonably understand to imply or
infer that the client may intend to pursue a legal claim against us, we reserve
the right to refuse telephone support going forward. Any further correspondence
must then be sent by email or support ticket.
Should we feel that your
needs would be better served by another provider, we reserve the right, at our
sole discretion, to terminate the hosting agreement. Where it is reasonable to
do so, we will provide 30 days notice of termination and provide a backup of
all website content and email.
Rights on Termination
Termination of this
agreement does not affect your pre-existing liability, if any or affect our
right to recover damages or pursue any other remedy in respect of any breach of
this agreement by you.
In the event of us
terminating this agreement due to breach of these conditions by you, we shall
be entitled to the balance of all payments which would but for such termination
have accrued up to the earliest date on which this agreement could have been
terminated by you.
A change of details
We have the right to
change any username or password allocated to you for the purpose of essential
network maintenance, enhancement modernisation or other work deemed necessary
to the operation of the Internet.
Similarly, we have the
right to alter the hosting environment your site runs in to one with
like-for-like features, as long as reasonsable notice is given and there is no
disruption to service. The only reason we would do this is if it represented an
‘upgraded’ environment for you, the end user.
Domain registration, renewal, transfer and
restoration
Some hosting packages
include a free domain registration or transfer for a .be / .biz / .cc / .co.uk
/ .com / .de / .eu / .info / .ltd.uk / .me.uk / .net / .org / .org.uk domain
name. All other extensions are excluded from this offer due to their additional
cost but please contact us for a reduced price if you wish to order with a
different extension. The registration period is one year.
Hosting package renewals
do not include a further free domain renewal, transfer or registration.
We will always register,
transfer and renew domain names in our client’s name – never in our own. You
are always in control of every aspect of your domain name(s) and can manage
your domain’s WHOIS data through My.Fastox. It is your responsibility to keep
this data correct.
All domain registrations
are bound by our Registrant Agreement and relevant 3rd Party terms. Please see
below.
Account Support / Emergency Contact
We provide support via
e-mail and phone. To provide efficient service and comply with data protection
laws, any requests for changes to your account (including billing changes,
password changes or any other technical changes) must be submitted by ticket or
e-mail from your registered address.
60 Day Guarantee
Our no-quibble 60 Day
Money Back Guarantee Fastox has established a reputation for reliability,
performance, support and value for money. At Fastox we work hard to provide you
with the best possible service and we’re so confident in this that we offer a
no-quibble, 60 day money back guarantee. If you are unhappy for any reason
within the first 60 days of opening your shared hosting account, you are free
to cancel and receive a full refund including the time already used, less
domain registration fees which are non-refundable.
We would however
appreciate it if you got in touch with us before deciding to cancel so that we
can address any problems you might be having.
Please note that refunds
can take 7 working days, and this policy does not cover accounts which have
violated our acceptable usage policy.
Zero Tolerance towards Abuse
Customers are responsible
for all scripts, data and other objects on their accounts. Abusive scripts are
scripts which interfere with our systems and/or the accounts of other
customers, cause harm to any other computer system or user, or engage in any
type of fraudulent activity. Any account found to be the source of abusive
scripts will be immediately suspended and investigated, and subject to action
as detailed under Illegal Content below. We will always notify customers and,
where necessary, fully co-operate with the authorities.
You must not use the
service for the transmission of illegal material. You agree to refrain from
sending or receiving any materials which may be deemed to be offensive,
abusive, indecent, defamatory, obscene, menacing or otherwise as prohibited by
current and future statutes in force. You agree to refrain from sending or
receiving any material which may be in breach of copyright (including
Intellectual Property Rights), confidence, privacy or other rights. If you are
in any doubt as to the legality of what you are doing, or propose to do, you
should take independent legal advice.
In Brief
All content uploaded to
your your hosting service, including dedicated servers, must conform to UK law.
It is the user’s sole responsibility to ensure this. Storage, distribution of
or transmission of illegal materials may lead to investigation and possible
prosecution by the relevant authorities.
·
You must not gain or attempt to gain unauthorised access to any
computer systems for any purpose. Such action may lead to criminal prosecution
under the Computer Misuse Act.
·
You must not send data to the internet using forged addresses or
data which is deliberately designed to adversely affect remote machines
(including but not limited to denial of service (DDoS), worms and viruses,
trojans and ping storms).
·
You must ensure that local PCs and network connected servers are
not configured to allow open relay and must not participate in the sending of
unsolicited bulk email (commonly referred to as ‘spam’ ,’UBE’,’UCE’ ).
·
You are prohibited from running ‘port scanning’ or other
software intended to probe, scan, test the vulnerability of or access remote
systems or networks except in circumstances where the remote user has given
express permission for this to be done. We may ask for evidence of such
permission.
·
You must take all reasonable steps to ensure that your password
and login credentials remain confidential.
·
Open proxy servers are not permitted under any circumstances and
will result in immediate termination of service.
·
Sites must not contain ‘hateful’ material or content which seeks
to incite hate.
·
Sites must not contain images, videos, depictions or
descriptions of pornography which is unlawful in the UK or which is deemed to
be distasteful at our sole discretion.
·
Sites must not contain ‘warez’, copyrighted music/videos or
links to such content. It is the sole responsibility of the user to ensure that
they have the rights to distribute any content displayed on their website.
·
Sites must conform to UK copyright law.
We undertake to take
action required under the provisions of the Regulation of Investigatory Powers
Act and will fully cooperate with the appropriate UK authorities.
We have a zero-tolerance
policy against spam and the sending of bulk, unsolicited e-mail is prohibited
at all times. Customers who abuse the email service will be notified that their
behaviour is unacceptable and may have their accounts suspended, terminated or
blocked at our sole discretion.
·
You agree not to send emails that might cause annoyance,
inconvenience or anxiety to a recipient.
·
You agree not to send any emails likely to cause distress or any
material which is offensive, indecent, obscene, menacing or in any way
unlawful.
·
You agree to have a clear opt out policy in all newsletter
communications.
·
You must not use our mail services or network to send email to
any user who does not wish to receive it.
·
You must not use our mail services or network to send
unsolicited email, in bulk (commonly known as ‘spam’) or individually.
·
You must not use our mail services or network with intent to
deprive others of service (‘mail bomb’).
·
You must not use false mail headers or alter the headers of mail
messages in such a way as to conceal the identity of the sender.
·
You must not use any email address that you are not authorised
to use.
·
You must ensure that any email servers connected to our network
and operated by you are not configured to allow ‘open relay’.
·
You must take full responsibility for your own email reputation,
Fastox can not guarantee a positive reputation.
Web usage includes the use
of web space provided with client accounts, web hosting on our servers and the
use of web services and space on customer colocated servers. We cannot and do
not proactively monitor content on any web space maintained by customers
(whether customer space, web hosted or colocated services) and cannot and do
not guarantee that such sites are free of illegal content or other materials
that may be considered unacceptable.
You undertake sole
responsibility for the content of web pages owned and/or operated by you –
whether on client pages, web hosted space or colocated servers – within our
domain or other domains hosted within our network. You undertake sole
responsibility to ensure that all materials on any website owned or operated by
you contains material that you have created or have permission to use. You
undertake sole responsibility for any dispute involving Copyright or
Intellectual Property Rights associated with your site or service. You must not
use your website or web service to promote or distribute any material or
content that is illegal (under any current or future legislation). You should
be aware that the internet is a global communications network and what may be
legal in the UK may be illegal elsewhere and leave you liable to prosecution in
another country. Legal adult content as defined by UK law is allowed on our
servers however you must inform us as we will host your site on a separate IP
to prevent any SEO implications for other clients.
We may undertake
investigation of content services if potential abuse is brought to our
attention and we reserve the right to remove any web page on our servers at any
time and for any reason. Any accounts found to be abusive, contain illegal
content or otherwise break our terms of service will be liable for immediate
termination with no refund.
An Industry Leading SLA
We endeavour to provide a
99.5% service uptime, excluding planned or emergency server maintenance or
conditions beyond our reasonable control. All customers will be notified of
planned maintenance as far as possible in advance through our status page and,
should the maintenance last for longer than 30 minutes, via e-mail.
Should we break this SLA
in any calendar month with unscheduled service unavailability (as verified by
our network monitoring) we will upon request credit a full week’s cost to your
client account. No hidden catches – we value our service and clients extremely
highly.
Our SLA is rescinded if
you have overdue invoices on your account, or if you have paid the invoice for
the period of the disruption late.
Fastox makes no guarantee
to defend a customer’s website from a denial of service attack unless that
service has been specifically offered and agreed.
In the event of a problem
with your server, we shall ensure that a qualified engineer will be dealing
with the problem within 15 minutes of being notified. In the rare event that
your problem cannot be resolved within 15 minutes you will be notified. When
notifying you we will provide you with the details of the problem along with an
estimation of when the issue will be resolved. We shall keep you regularly
updated until the moment the problem is resolved. An engineer’s report shall be
sent to you within 12 hours of the problem being resolved.
Our Liability
We are unable to assert
fitness for any specific purpose and as such the Company cannot be held liable
for any form of consequential loss or damage caused directly or indirectly by
use of our service, misuse of our service, downtime, service issues, data loss
or any other event.
Our maximum aggregate
liability to you under or in connection with this agreement in respect of any
direct loss, whether such claim arises in contract or in tort shall not exceed
a sum equal to twice the fees paid by you for the services in relation to which
your claim arises during the [12/24 month] period prior to such claim.
None of the clauses herein
shall apply so as to restrict liability for death or personal injury resulting
from our negligence, the negligence of our employees or our sub-contractors. We
will not be liable for any interruptions to services arising directly or
indirectly from:
·
Interruptions to the flow of data to or from the internet
·
The effects of the failure or interruption of services provided
by a third party
·
Factors outside our reasonable control
·
Your actions or omissions
·
Problems with your equipment and/or third party equipment
·
No action or proceedings against us arising out of or in
connection with this agreement shall be commenced more than one year after
services rendered, and both parties acknowledge that this clause constitutes an
express waiver of any rights under any otherwise applicable statute of
limitations.
In the event of any
preventable disruption to service we will credit your account as described in
our Service Level Agreement. Our liability will not exceed the total amount
paid for the service. If you have sensitive or mission-critical data to host,
you must seek your own insurance and independent legal advice.
Our backups are intended
as a convenience service and are not guaranteed or intended to replace your
backup procedures. It is your sole responsibility to ensure you have a backup
of all your important data.
Third Party Services
Some of the services we
provide (domain names, SSL certificates) are fufilled by a third party
provider. For instance, an SSL certificate is provided by a root certificate
provider (e.g. Thawte, Let’s Encrypt, Comodo, Verisign, Geotrust…), and
domain names are provided by the organisation in charge of that namespace (e.g.
Nominet for UK domain names). Whilst we always pass your orders on to these
third party entities in a timely fashion, we unfortunately cannot be held
liable for any failings on their behalf.
We will however be happy
to chase them, and in most cases we can offer a goodwill refund at our
discretion should you be dissatisfied with a time delay.
All third party software
and hardware shall be sold subject to your acceptance of the relevant
supplier’s software licence for such third party software. Where possible, we
shall forward to you any and all representations and warranties we receive from
the respective third party software supplier.
Assisted Migration
Our Assisted Migration
service is intended as a help for you to migrate to us. It is provided on a
best-effort basis. We will endeavour to migrate your site as successfully as
possible but the client accepts that this might not always be possible. If we are
unable to migrate your site, we may, at our sole discretion, provide a refund
of the fee paid for the hosting service, less domain registration/transfer
fees, SSL certificates and other associated services.
As an incentive to move
your website to us we may, at our sole discretion, credit you with up to six
months of free hosting service upon production of a valid invoice showing an
equivalent payment to your previous provider. This credit will be applied to
your existing due date.
Force Majeure
We will not be responsible
for any failure to provide any services or perform any obligation because of
any act of God, strike, lock-outs or other industrial disputes.
Notice
Any notice or
communications required or permitted to be delivered by us to you shall be deemed
to have been given if delivered by e mail in accordance with the contact
information that you have provided.
Assignment
You shall not assign,
transfer, charge or deal in any other manner with this Agreement or any of its
rights under it nor purport to do the same without our prior written consent.
We may at any time, assign
(absolutely or by way of security and in whole or in part), transfer, mortgage,
charge or deal in any other manner with the benefit of any or all of any other
party’s obligations or any benefit arising under this agreement.
Amendment in Writing
We may update or amend
these terms and conditions from time time to comply with law or to meet our
changing business requirements.
Whole Agreement
This agreement, and any
documents referred to in it, constitute the whole agreement between the parties
and supersede any previous arrangement, understanding or agreement between them
relating to the subject matter they cover.
Nothing in this clause
operates to limit or exclude any liability for fraud.
Severance
If any provision of this
agreement (or part of a provision) is found by any court or administrative body
of competent jurisdiction to be invalid, unenforceable or illegal, the other
provisions shall remain in force.
If any invalid,
unenforceable or illegal provision would be valid, enforceable or legal if some
part of it were deleted, the provision shall apply with whatever modification
is necessary to give effect to the commercial intention of the parties.
Governing law and Jurisdiction
This agreement and any
disputes or claims arising out of or in connection with its subject matter or
formation (including non-contractual disputes or claims) are governed by and
construed in accordance with the law of England.
The parties irrevocably
agree that the courts of England have exclusive jurisdiction to settle any
dispute or claim that arises out of or in connection with this agreement or its
subject matter or formation (including non-contractual disputes or claims).
Communications Forwarding
Communications received
with respect to a particular domain name registration will be handled as
follows: (i) We will forward to you or a Contact all correspondence received by
registered mail or traceable courier. This information may be opened, scanned
and emailed to you or your Contact. Regular postal mail will be discarded or
returned to sender at our discretion. (ii) Email correspondence will be
forwarded, only if submitted via the contactprivacy.com website, to the address
as it appears in Tucows records. (iii) A voice mail message will advise all
callers that inbound messages will not be accepted; calls will be directed to
the contactprivacy.com web site where written messages will be forwarded
according to your instructions. (iv) We will only be responsible for forwarding
communications where our details have appeared in the whois and when your Whois
Information is accurate, complete and up to date.
Right to Suspend and Disable
We shall have the right,
at our sole discretion and without liability to you or any of your Contacts,
suspend or cancel your domain name and to reveal Registrant and Contact Whois
Information in certain circumstances, including but not limited to the
following: (i) when required by law; (ii) in the good faith belief that
disclosure is necessary to further determination of an alleged breach of a law;
(iii) to comply with a legal process served upon Tucows; (iv) to resolve any
and all third party claims including but not limited to ICANN’s or a Registry’s
dispute resolution policy; (v) to avoid financial loss or legal liability (v)
to avoid financial loss or legal liability; (vi) if we believe that you or one
of your Contacts is using the Whois Privacy Service to conceal involvement with
illegal, illicit, objectionable or harmful activities; or (vii) to transmit
SPAM, viruses, worms or other harmful computer programs.
You understand and agree
that, in the event that we receive a formal complaint, notice of claim or UDRP,
that we will have the right to disable the Whois Privacy Service pending final
disposition of the matter.
Pre-Registration Terms
& Conditions Acceptance of Standard Terms By using Fastox’s pre-registering
service the customer acknowledges and agrees to Fastox’s standard Terms &
Conditions and Disclaimer, Limitation of Liability and Copyright Policy.
Cancellation Notice
Cancellations for pre-registered gTLDs are not permitted once a prepayment has
been made. pre-registrations can be cancelled at any point before a prepayment
is made.
Refund Policy When a
prepayment is required to process a pre-order and the desired domain is not
successfully registered, a full refund will be issued. It is the duty of the
customer to ensure up to date card details are stored.
Guarantees Pre-registering
for a new domain extension with Fastox’s pre-registering service does not
guarantee a successful registration. Fastox endeavours to secure your desired
domain and is in no way liable for unsuccessful gTLD registrations.
Requirements The exact
requirements for registering new gTLD’s are yet to be announced. The
introduction of requirements are subject to individual registries and are
likely to be simultaneously announced to release dates. Registration are at the
discretion of the registry in accordance with their terms and conditions. Fastox
endeavours to communicate this information as soon as it is made available to
them.
Payments By using Fastox’s
pre-registration service the customer acknowledges and agrees that it is their
duty to ensure up to date payment details are provided during prepayment.
Pre-orders will not be successful without a successful prepayment being made.
1.
Company Address and Contact Details
Sebastian de Lemos 5
Sydney Street, Chelsea, SW36PU 0203 886 0759
1.
How long will you take to get back to me?
Within office hours, near
instantly. Outside of office hours we aim to respond and resolve within 4
hours. Every email gets a response within 12 hours. Anything sent by post will
be responded to within 3 working days.
1.
Abuse, phishing, spam contact –
All reports will be
acknowledged within 3 working days. support@fastox.in
1.
How to raise a Format Complaint
Please email support@fastox.in
you will receive a response within 3 hours. Business Continuity Plan All of our
employees are capable of working remotely and no sensitive or business critical
information is stored ‘on-premise’. We use a hosted VoIP provider which means
calls can be re-routed in the event of any problems with our main office. In
the event of a critical failure in one of the cloud hosting providers we use,
we would revert to our backup systems using an alternative provider. In a worst
case scenario our main website and customer panel could be up and running
within an hour of a critical failure.
1.
Data Quality Policy
It is a requirement that
you provide us with a valid name and address when purchasing a service from Fastox.
Our online ordering system will not let users order items through without
providing a valid name and address, and our merchant provider will check the
details (cardholder name and address) against those provided for the
registration at the time of ordering. We will validate personal users using
billing data (name match the card on file, address digits given match the card
given),
In circumstances where we
don’t have access to cardholder information where the validity of the data
provided is in question we would ask for two copies of ID out of:- Passport
Driving licence Recent Utility Bill or bank statement(not for a mobile phone)
For businesses we can
validate data using the official companies house register (company name,
address). Alternatively, the business can provide a utility bill, bank/merchant
statement, or a letter from HMRC dated within the last three months to provide
verified proof of name and address.
Verified/validated data
will be stored in our online ordering/billing system which is a PCI compliant
solution, but the copies of identification used to perform the validation would
be destroyed once the validation process has been completed.
If we are unable to
contact a registrant where there was a problem with data verification, we would
place a data lock on the domain name manually once all attempts to contact the
registrant had failed. This will be within 30 days of originally being notified.