Terms and Conditions
These are the official Equiphase Terms and Conditions as of 29th September 2011. Any changes to these Terms and Conditions will be made online to this document. Please read and understand this agreement before signing up for any of our online services.
Equiphase.net Terms and Conditions
(as of: 29th September 2011)
Equiphase reserves the right to revise, amend, or modify these T&C's, our AUP (Acceptable Use Policy) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our T&C's (Terms and Conditions) with 7 days prior notice being given before any revision, amendment, or modification being put into affect.
Be aware that the use of Equiphase services constitutes acceptance and agreement of this legally binding document and our Acceptable Use Document. Any breach of either of the two could result in Account Suspension, Account Termination, or in severe cases, your details being passed on to the correct authorities.
Important External Notes:
It is important to remember that when registering a domain you are subject to the domain's registrars terms and conditions as well as our own.
Pornography and sex-related merchandising are prohibited on any Equiphase server EXCEPT those on servers that have clearly stated that such content is allowed upon signing up. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Equiphase servers or any other server on the Internet. Links to such materials are also prohibited.
Contents
- Definitions
- Resource Use
- Refunds
- Misuse
- Backups
- Liabilities
- Payment of Invoices
1. Definitions
1.1 “Business Customer” means any person who is not a Consumer.
1.2 “Charges” means the charges in respect of the Services that we provide to you. These are agreed upon before your account is set up.
1.3 “Commencement Date” means the date when our agreement with you is concluded.
1.4 “Confirmation Form” means the form which we send to you by post or e-mail after you have placed an order, confirming details of the Service ordered, and the relevant Charges.
1.5 “Consumer” means an individual whose use of the Service is for personal purposes only, and not for use in connection with any trade, business or profession.
1.6 “Equipment” means any equipment (including any software) provided to you by us, or to which we enable you to have access, in connection with the Service.
1.7 “Order Form” means the form completed by you online or printed out and sent to us by fax/post and showing details of the Service.
1.8 “Reseller” means a person authorised by us in writing to sell on the Service consisting of web site hosting and other assorted services to its own customers.
1.9 “Service” means the service to be provided by us to you, as described in an Order/Confirmation Form and on the pages of our web site relevant to that service. (In the event of a discrepancy between the description of the service on the web site and that on the Order/Confirmation Form, the description on the Order/Confirmation Form shall be conclusive).
1.10 “we/us/our” refers to Equiphase.net and;
1.11 “you/yours” refers to you, the person placing an order for the Service(s).
2. Resource Use
2.1 CPU & Memory
All accounts are monitored for their use of server resources. If any account is using a high amount of server resources we will try to contact the customer to discuss the issue with them. In serious cases where an account is using a considerably large amount of system resources (memory, CPU etc.) the account may be suspended or script disabled without notice to maintain the smooth running of the server.
2.2 Data transfer and web space allocations
Customers can request a package upgrade or temporary resource increase at the costs available by submitting a ticket in the usual way. It is the sole responsibility of the customer to contact us in advance of requiring extra resources to prevent automatic charges or account suspension. In some cases, accounts are automatically suspended when their resource limits have been reached and manual reactivation is required by us.
3. Refunds
3.1 Money back guarantee
3.1.1 Customers are entitled to a full refund within 7 days of the initial order being placed. This will be issued in the same method as originally used by the customer. Cases involving offline methods of payment will be refunded using a personal cheque or other online method. Domain registrations are not eligible for our 7 day money back guarantee.
3.1.2 The 7 day money back guarantee does not apply and will not be issued if more than 30% of allocated data transfer has already been used on the web hosting account. The 7 day money back guarantee does not apply if ANY part of the TOC or AUP policies have not been violated. This money back guarantee does not apply to domain name registrations or if the account has breached these terms and conditions prior to cancellation. The guarantee does not apply in the case of Domain Registrations.
3.1.3 The money back guarantee is only given at Management's sole discretion.
3.2 Account cancellations
After the 7 day introduction period, no refunds will be issued for account cancellations on a monthly payment schedule. Accounts on a yearly payment schedule are entitled to a pro rated refund taking only full months into account when calculating refund due. If cancellation of the account is caused by the customer breaching these terms and conditions no refund will be issued. Absolutely no refunds are issued for domain registrations. Domain registrations are not eligible for our 7 day money back guarantee.
4. Misuse
4.1 Spam / Unsolicited Mass E-mail
The sending of Unsolicited Commercial Email (SPAM) through our servers promoting any web site or through third party servers promoting a web site hosted by us WILL result in the suspension or termination of the customers web hosting account without refund. Mailing lists may be operated as long as individuals choose to subscribe to receive mailings and the mailing list software in use is that provided in our supplied control panels. You may create your own mailing list software with the understanding that, if requested, you can provide the IP address of the user who submitted the request to be added to the list itself. 'Safe lists' and other advertising related mailing lists may not be operated. Any complaints received are taken seriously and will be investigated. If it is found that any account held with Equiphase is used for spamming or sending unsolicited mass electronic messages (in any format, i.e. E-Mail, Chat, Windows Messenger) we will terminate or suspend your account without any given notice and without any refund.
4.2 Chat Rooms
Only the chat room scripts provided for the customer in their control panel are allowed to be run on our servers. Any other scripts found will be disabled and the account suspended in serious or repeat cases.
4.3 Account Use
Under no circumstances must our servers be used for the hosting or communication of, reference to or linking to any of the following:
4.3.1 nudity, pornography, anything of a sexual, lewd, or obscene nature;
4.3.2 violations of any copyright or any other right of any third party;
4.3.3 threatening, abusive, harassing, defamatory statements;
4.3.4 promotion of illegal activities (hacking, cracking, etc);
4.3.5 information or software containing or about any kind of virus;
4.3.6 hate speech or hate propaganda;
4.3.7 the collection of personal information for illegal purposes;
4.3.8 terrorist activities, text relating to terrorism, links to terrorism, or anything about terrorism in general;
4.3.9 content deemed by us at our sole discretion to be harmful to us;
4.4 Banned scripts
We do not allow the use of the following scripts on our servers:
4.4.1 Proxy scripts
4.4.2 IRC scripts
4.4.3 Anonymizer
4.4.4 phpShell and similar command execution scripts
4.4.5 or ANY other script that could compromise the security or quality of our servers.
4.5 Resellers
In the event that a resold account is in breach of our misuse terms, we reserve the right to suspend this account without informing our reseller's client. The end user will not be contacted by us and every effort will be made to inform the reseller (our customer) of our actions and reasons.
4.6 Our Procedure
You agree that we can take as much action as we see fit to stop the misuse and violation of our Terms and Conditions. If we receive numerous complaints about a server or web hosting account sending out spam or other unauthorised methods of communication, you agree that we have permission to access your dedicated server/hosting account and remove any such violation. You also agree that Equiphase will not take any action to back up data from the account that is sending out the unauthorised messages and that data may not be recovered using our Backup facility for this reason. You also agree that if you hold an account with Equiphase (for any of our services) and do not agree to our Terms and Conditions, then this will be classed as violating said conditions.
5. Backups
Backup measures are in place to assist in the event of hardware failure warranting a full system restore. All customers are strongly advised to regularly download their own backups from their control panel where a zipped archive is provided daily of all account files and databases. We backup on a rotational system of each account once a week. You are requested to ensure you carry out daily backups. We offer a chargeable service for performing daily backups on your behalf. We use a secondary server at a remote location to backup our data.
5.1 Although every attempt is made to back up customer data, we will not be held responsible for data being lost, damaged, or removed by any means.
5.2 It is the customer (i.e. YOUR) responsibility to continually backup your data. Backup facilities are included in the "cPanel" administration panel - please use them.
6. Liabilities
Although we understand that downtime and service outages can result in you losing business, due to the low prices we charge for your Internet Services, Equiphase make absolutely NO guarantees for ANY of our services' uptimes or status.
Equiphase are not liable in any way whatsoever for your account being terminated or suspended without prior given notice to you if you have not adhered to any part of our Policy.
6.1 We are not liable if your service should go down for any reasons. This includes, but is not limited to:
6.1.1 Server Connection Downtime;
6.1.2 Hacking or Compromised Servers;
6.1.3 Any other problems with our services or servers;
6.2 Equiphase have the right to refuse any refunds or repayments to any customers if:
6.2.1 The customer has not adhered to any part of our policy;
6.2.2 The customer cancels their account after the given 'Money Back Guarantee' time period (see section 3.1). In most cases however, if the customer is on a pay annually, Equiphase will refund a considerable amount of the year unused. This may not always be the case.
6.2.3 Management make the decision not to process the refund - please note, that if this is the case, absolutely no refund will be presented to the customer (i.e. You).
7. Payment of Invoices
7.1 Invoices are created 28 days before they are due.
7.2 Invoice reminders are sent out 7 days before, 1 day after, 3 days after, and 7 days after the due date.
7.3 The system will automatically suspend any hosting packages if any invoice relating to it is overdue by 14 days.
7.4 After 14 days of suspension, and if your account is still in arrears, you will be charged a reconnection fee of £10.00.
7.5 If the invoice is still overdue 6 weeks after this (i.e. 8 weeks over the due date), the system will assume it is no longer required, and will automatically terminate it.
7.6 We may be able to recover your data after the termination date if our archive system has not permanently removed it. In some instances, we'll be able to recover this data. If we are, a charge of £100.00 would be required for recovery of the data.
