Terms & Conditions – Web Hosting
You indicate acceptance of these terms and conditions of service by placing an order with Pixafusion Marketing Agency Ltd. These terms and conditions will not be varied for individual customers.
In this Agreement the following words and expressions shall have the following meanings: “downtime” means any service interruption in the availability to visitors of the Website;
“intellectual property rights” means patents, trademarks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
“Pixafusion Marketing Agency Ltd” means https://pixafusion.agency
“IP address” stands for internet protocol address which is the numeric address for the server;
“ISP” stands for the internet service provider;
“server” means the computer server equipment operated by Pixafusion Marketing Agency Ltd in connection with the provision of the Services;
“the Services” means Web Hosting, domain name registration, email and any other services or facilities provided by Pixafusion Marketing Agency Ltd.
“spam” means sending unsolicited and/or bulk emails;
“virus” means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as “worms” or “trojan horses”;
“visitor” means a third party who has accessed the Website; Product specifications and details may be found at the URL.
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
The Customer wishes to provide Pixafusion Marketing Agency Ltd with data that will be hosted on Pixafusion Marketing Agency Ltd’s servers and made accessible via the Internet.
Pixafusion Marketing Agency Ltd provides Web Hosting services and has agreed to host the Customer’s data upon the following terms and conditions.
Pixafusion Marketing Agency Ltd shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
The Customer shall deliver to Pixafusion Marketing Agency Ltd the website and the software used in the website which is owned by the Customer or licensed to him by a third party or Pixafusion Marketing Agency Ltd (“the Customer Software), in a format specified by Pixafusion Marketing Agency Ltd.
Charges, Payment and Money-Back Guarantee
Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro) also cheques, bank transfers with the prior arrangement on yearly plans
Pixafusion Marketing Agency Ltd do not accept cash or any other form of payment other than those outlined above
Pixafusion Marketing Agency Ltd shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes overdue, a 10% charge will be added to your invoice automatically.
Pixafusion Marketing Agency Ltd does not provide credit facilities.
From time to time Pixafusion Marketing Agency Ltd may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
Pixafusion Marketing Agency Ltd provides “Money-Back Guarantees” on certain products. Should your product qualify for this guarantee please raise a support ticket within the customer control panel within 30 days of placing your order for a full refund? This guarantee excludes domain names and add-ons which may not be cancelled once ordered, free domains given with hosting will be deducted from the total amount paid at the current Domain Registration pricing. Add-ons will also be deducted from the total refund price, with the exception of Web builder Plus which carries a 30-day Money-Back Guarantee. Customers are limited to using the money-back guarantee once. If you cancel a hosting package within the first 12 months and on a monthly or quarterly plan, the full domain price needs to be paid in full.
Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.
Should your chosen payment method fail Pixafusion Marketing Agency Ltd will attempt to settle your invoice using any other payment facilities available on your account.
All services will renew until cancelled by the customer. Pixafusion Marketing Agency Ltd emails the customer’s primary email address prior to renewal of services, it is the customer’s responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.
Once a package becomes overdue, and Pixafusion Marketing Agency Ltd has had no communication from the customer the account will be suspended and all services within. If you are running a legacy package that is no longer available, we will migrate you to an identical cost package but cannot guarantee the same functionality.
All services not renewed on time will be suspended after a 2-day grace period. Your site will not be deleted for 40 days, so you can renew your package at any point within this time period.
Dedicated servers have to be renewed the day before expiry as there is no grace period. Once a dedicated server expires the files will be removed and no backups will be taken.
Any payments received via PayPal or Credit Card in error due to no cancellation of subscriptions will incur a £0.20p transaction charge for refunds. Unfortunately we cannot refund domain renewals.
Pixafusion Marketing Agency Ltd shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
Where Pixafusion Marketing Agency Ltd changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
When a customer requires extra IP addresses for dedicated over and above what’s supplied, you will need to complete a Ripe form. Filling in this form will not guarantee supply due to the current shortage of IPV4. If you’re purchasing a dedicated server and you require extra dedicated IP addresses, we suggest you contact us before you order.
We will not supply the above 5 IP addresses to a new customers. The customer has to have a live server for at least 1 month before we can review higher volumes, and this will be dependent on satisfying section 5.3
Software Licence and Rights
If the Customer requires the use of software owned by or licensed to Pixafusion Marketing Agency Ltd (“Pixafusion Marketing Agency Ltd’s software”) in order to use the Services, Pixafusion Marketing Agency Ltd grants to the Customer and its employees, agents and third-party consultants and contractors, a royalty-free, worldwide, non-transferable, non-exclusive licence to use Pixafusion Marketing Agency Ltd Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Pixafusion Marketing Agency Ltd Software.
In relation to Pixafusion Marketing Agency Ltd’s obligations under this Agreement in connection with the provision of the Services, the Customer grants to Pixafusion Marketing Agency Ltd a royalty-free, worldwide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website (“the Content”).
For the avoidance of doubt, this Agreement does not transfer or grant to Pixafusion Marketing Agency Ltd any right, title, interest or intellectual property rights in the Customer Software or the Content.
The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Pixafusion Marketing Agency Ltd Software.
Pixafusion Marketing Agency Ltd may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including backup copies of the Content. Upon termination or expiration of this Agreement, Pixafusion Marketing Agency Ltd shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
Service Levels and Data Backup
Pixafusion Marketing Agency Ltd shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Pixafusion Marketing Agency Ltd makes no warranties or representations that the Service will be uninterrupted or error-free and Pixafusion Marketing Agency Ltd shall not, in any event, be liable for interruptions of Service or downtime of the server.
Pixafusion Marketing Agency Ltd carries out data backups for use by Pixafusion Marketing Agency Ltd in the event of systems failure. Pixafusion Marketing Agency Ltd does not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Pixafusion Marketing Agency Ltd accepts no responsibility for data loss or corruption.
Pixafusion Marketing Agency Ltd offers support 7 days a week, we guarantee that you will get a response to any ticket or enquiry within 8 hours. Most tickets are responded to within the hour.
Pixafusion Marketing Agency Ltd will change the ticket priority and put on hold any ticket priority that’s misused. The high priority is only used for server or complete website outages.
Acceptable Use Policy
Please see the respective Acceptable Use Policy for the hosting you are intending to purchase.
SSD Cloud Hosting
The Customer warrants and represents to Pixafusion Marketing Agency Ltd that Pixafusion Marketing Agency Ltd’s use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Pixafusion Marketing Agency Ltd as set out in Clause 6.2.
The Customer agrees to indemnify and hold Pixafusion Marketing Agency Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Pixafusion Marketing Agency Ltd arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
Limitation of Liability
Nothing in these terms and conditions shall exclude or limit Pixafusion Marketing Agency Ltd’s liability for death or personal injury resulting from Pixafusion Marketing Agency Ltd’s negligence or that of its employees, agents or sub-contractors.
The entire liability of Pixafusion Marketing Agency Ltd to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In no event shall Pixafusion Marketing Agency Ltd be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Pixafusion Marketing Agency Ltd had been made aware of the possibility of the Customer incurring such a loss.
Term and Termination
This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
Pixafusion Marketing Agency Ltd shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
Either party may terminate this Agreement forthwith by notice in writing to the other if: the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
the other party ceases to carry on its business or substantially the whole of its business; or
the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
On termination, all data held in the customer’s account will be deleted.
Pixafusion Marketing Agency Ltd may assign or otherwise transfer this Agreement at any time.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved to be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error-free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Domain Name Registration Transfer & Renewal
Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top-level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Pixafusion Marketing Agency Ltd will provide a full refund for that domain name.
All domain registrations with a .uk prefix to the customer will be entering into a contract with Nominet Uk.
All.THE UK, .CO.UK, .ME.UK and . ORG.UK prefix domains need to be active to manage or transfer out. We do not charge to transfer out ACTIVE domains.
Once registered refunds may not be available, as domain names are classed as digital goods.
Domain names need to be renewed before the expiry date to ensure no loss of service or potential loss of domain.
All domains have a grace renewal period of 30 days, and it will not cost you any more to renew with the exception of.EU domains that once they have expired there is a redemption charge between £60 – £250 to renew.
All gTLD (non-country code) domains are bound by the Enom or Resellerclub terms of service including the transfers of such domains.
Commission earned via the affiliate programme will only be paid by using a valid Paypal or UK bank account. It is the customer’s responsibility to ensure they have this facility. In the event of the customer not being able to obtain this facility then no commission will be paid, and I will be offered as a credit in their client area.
Affiliates can only generate discount codes so they can be used to acquire new customers. (If Available)
Affiliates are not allowed to use their own generated codes, the codes used are for new customers only.
In the event of any changes to the affiliate program system- wise, we will always guarantee a minimum of 2 years or 24 monthly affiliate payments after the customer signup.
Affiliates must log in to their account at least once every 3 months to keep their account active if you have no products or services, failure to do so will result in the closing of the account and loss of commissions. For affiliates with Hosting or domains in their account, this restriction doesn’t apply.