Cymbiant Hosting

General Terms & Conditions

You indicate acceptance of these terms and conditions of service by placing an order with Cymbiant Hosting. These terms and conditions will not be varied for individual customers.

1. Interpretation

1.1 Definitions Unless otherwise stated, the following definitions apply to this document:
1.2 Include The words "include" and "including" are to be construed without limitation.
1.3 Headings The headings in this document are for convenience only and shall not affect the interpretation of these terms and conditions.

2. Ordering Process

2.1 Order Acceptance We have not accepted a client application or order until an account is set-up and you receive the final 'New Account Information' email, including all details specific to your account. Until this time, we reserve the right to refuse, cancel or reject any order made by the client. In such cases, a full refund will be made using the same method of payment as was originally used. UK domain name registrations are subject to a contract with Nominet .com, org, .net domains are subject to a contract with enom.

3. Refunds

3.1 Money Back Guarantee: 3.1.1 Clients are entitled to a full refund within 30 days of the initial order being placed. This will be issued in the same method as originally used by the client. Cases involving offline methods of payment will be refunded using a personal cheque or other online method.; 3.1.2 The 30 day money back guarantee does not apply and will not be issued if more than 50% of allocated data transfer has already been used on the web hosting account. This money back guarantee does not apply to domain name registrations, SSL Certificates, SEO reports or if the account has breached these terms and conditions prior to cancellation.
3.2 Account Cancellations After the 30 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 and using the full monthly price for spent months (without yearly discount). If cancellation of the account is caused by the client breaching these terms and conditions no refund will be issued. No refunds are issued for domain name registrations or renewals.

4. Misuse

4.1 Spam / Unsolicited Mass E-mail The sending of unsolicited commercial email (SPAM) through our web servers promoting any web site, or via third party web servers promoting a web site hosted by us, can result in the suspension or termination of the client's web hosting account, without refund. Mailing lists may be operated as long as individuals choose to subscribe to receive mailings via clear 'double opt in' methods and a strict removal procedure is published in all mailings. 'Safe lists' and other advertising related mailing lists may not be operated. Any complaints received are taken seriously and will be investigated.
4.2 Chat Rooms Only the chat room scripts provided for the client in their control panel are allowed on our web server. Any other scripts found will be disabled and the account suspended in serious or repeat cases. An exception to this term is provided for scripts, which are FULLY applet based whereby the applet is downloaded and run from the clients system.
4.3 Account Use Under no circumstances must our web servers be used for the hosting or communication of, reference to or linking to any of the following:: 4.3.1 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 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 web servers:

5. Billing

5.1 Payment Schedules The client agrees to supply appropriate payment for the services received from us in advance of the time period during which such services are provided.
5.2 Invoices All invoice notifications will be sent via email and a printable version made available in the client control panel. Clients may request printed invoices which will be provided for an additional charge of £1.50 +Vat per invoice. Clients are required to pay their invoice in advance at the beginning of each payment term using an available method of your choice. If paying via PayPal, debit or credit card, payment will be taken automatically on the due date.
5.3 Bank Charges Clients are responsible for the provision of sufficient funds in their account and we will not be held responsible for any charges incurred as a result of overdrawing the bank account or credit card, or as a result of failed transactions.
5.4 Suspension We reserve the right to suspend any account after 14 working days have passed without due payment being received. Any added time for payment will be at our sole discretion.
5.5 Currencies All invoices and payments are processed in GB Pound Sterling (£) and conversions will be made by the credit card company of the client. Prices shown in any other currencies on this web site or other promotional material are to be treated as a guide only and may be inaccurate due to changes in the exchange rates. All clients are advised to check amounts using accurate recent exchange rates before ordering.

6. Backups

6.1 Regularity and Policy Backups are made by us each day on an incremental basis and each week on a full basis, however, no guarantees are made of any kind as to the integrity of these backups. All clients are strongly advised to regularly download their own backups from their control panel, where a zipped archive is provided weekly of all account files and databases.

7. Resource Use

7.1 CPU and Memory All accounts are monitored for their use of server resources. If any account is using a high amount of server resources we will contact the client 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 web server.

8. Client Responsibility

8.1 Contact Information The client is responsible for keeping their contact details up to date in their control panel at https://client.cymbiant.co.uk. We cannot be held responsible for communication mix-up's as a direct result of the client's failure to update their details.
8.2 Sensitive Data Clients are responsible for keeping their usernames, passwords and other sensitive data safe. If a breach is suspected, the client is required to request a change of login details by contacting our support staff.

9. Contact Procedure

9.1 Breach of Terms and Conditions If a breach of these terms and conditions is found we will, at our sole discretion, determine whether it is a serious or minor breach. If a serious breach of these terms and conditions is found we reserve the right to suspend the account(s) of the client in question or disable any part of the account before contacting them. We will however make an attempt to contact the client prior to suspension in the event of a minor breach using the email address we have on record for your account. If no reply is received within 3 days we will escalate the status of the breach to a serious breach and may suspend the account(s).

10. Limitation of Liability

10.1 Indemnification We are not responsible for any claimed damages, which may result from our web servers going offline, or being unavailable for any reason. This includes damages which may result from the corruption or deletion of data. The client agrees to indemnify, defend and hold Cymbiant Hosting, its directors and employees harmless from any incidental, indirect, direct, special, exemplary, punitive or consequential damages whatsoever, for loss of business profits, business interruption, loss of business information, or any other monetary loss arising out of the use of or inability to use our services, or the provision of or failure to provide services.
10.2 Violations: 10.2.1 We will fully cooperate with investigations of violation of systems or network security at other sites and will cooperate with law enforcement authorities in the investigation of possible criminal violations. Clients who violate these terms and conditions may incur criminal or civil liability.; 10.2.2 For clients with multiple accounts, we reserve the right to suspend all accounts should the main account owner violate these terms and conditions in a manner deemed by us to be extremely serious.; 10.2.3 We will be the sole arbiters as to what constitutes a violation of these terms and conditions. The failure by a client to meet or follow any of the above terms and conditions is grounds for account suspension or deactivation.

11. Amendments

11.1 Modification We reserve the right to add, delete, or modify these terms and conditions, our hosting packages, prices and web site at any time with notice provided via our web site and announcements in our forum and/or client control panel(s). All clients are encouraged to review this document on a regular basis to ensure they are aware of any changes.
If you have any questions concerning the above stated terms and conditions please contact us before ordering.