Terms Of Service (TOS)
Moreover, in this TOS, "xHost Solutions" shall refer to xHost Solutions Pty Ltd, and all its parents, subsidiaries, successors, and assigns; unless otherwise specified, "xHost Solutions" and "xHostSolutions.com" shall have the same meaning and shall be interchangeable.
1. General Terms
In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:
1.1. Customer agrees to pay, in advance of each monthly service term, for hosting services to be rendered.
1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order xHost Solutions service for a certain minimum period of time.
1.3. Customer agrees to a no-refund policy in advance. Setup fees and monthly web hosting service fees are non-refundable.
1.4. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 business days or account will be terminated.
1.5. xHost Solutions is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer's failure to pay for xHost Solutions services.
1.6. Customers agree to pay all taxes applicable to your account.
2. Agreement for Services.
2.1. xHost Solutions will provide, and Customer will purchase and pay for, the Web hosting services (the "Services"), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.
3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to xHost Solutions.
3.1.1. Customer must pay in full for the Services before xHost Solutions begins to provide the Services to Customer.
3.1.2. Setup fees will be charged and are due at the time of the Customer's initial request of the Services requiring setup.
3.2. Payment is due on the defined monthly recurring billing date of each month. All returned checks will be charged a AUD$20.00 service fee. Service will be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by xHost Solutions will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to xHost Solutions a "Processing and Collection" Fee of not less than Fifty (AUD $50.00) Dollars nor more than One Hundred Fifty (AUD $150.00) Dollars.
4. Delinquent Accounts.
xHost Solutions may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which xHost Solutions may be entitled under this Agreement or under applicable law.
5. Account Cancellation.
Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that xHost Solutions does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.
Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. Termination of account in a given month requires at least thirty (30) days notice prior to that month's billing date, otherwise account termination and billing termination will not take effect until the subsequent month's billing date. Any notifications that you wish to discontinue service with us must be delivered via e-mail to email@example.com.
6. Refunds and Disputes.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO XHOST SOLUTIONS ARE NONREFUNDABLE.
All payments to xHost Solutions are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in xHost Solutions sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.
Without waiving any of its other rights under this Agreement, xHost Solutions offers to its Customers a 30-day money-back guarantee on fees for hosting services only (the "30-Day Guarantee"). If for any reason you cancel your account within thirty (30) days of the beginning of your service, xHost Solutions will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be canceled, but no money will be refunded to you.
Please note that the amount refunded to you will be the amount you paid for hosting services only, and will not include any of the following fees:
* Setup fees,
* Fees for domain name registrations,
* Fees charged for exceeding your allotted disk storage space or bandwidth,
* SSL certificate fees,
* Web design fees,
* Web site marketing fees, and
* Any other fees for services involving a third party.
The 30-Day Guarantee is subject to all of the following limitations:
a. You are entitled to a maximum of one (1) 30-Day Guarantee.
b. If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day Guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of xHost Solutions.
c. You may not transfer or assign the 30-Day Guarantee to any third party.
d. You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
+ Creating multiple accounts, using the same customer name or different customer names;
+ Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
+ Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
+ Knowingly providing false or misleading information when you register for your account; or
+ Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee.
e. If you violate any provision of any of the following policies of xHost Solutions, you will not be eligible for the 30-Day Guarantee:
+ Terms of Service (TOS);
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from xHost Solutions and does not apply to any changes to your service at any time.
7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.
8. xHost Solutions reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:
8.1. the Acceptable Use Policy , or
8.2. the No-Spam Policy.
9. Customer agrees to defend, indemnify, and hold harmless xHost Solutions, and the parents, subsidiaries, successors, assigns, employees and agents of xHost Solutions against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys' fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
10. XHOST SOLUTIONS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR
10.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF XHOST SOLUTIONS SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
10.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
10.3. All services such as backup and control panel(s) are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. xHost Solutions is not responsible for lost data or for lost data due to third party software that is not maintained by xHost Solutions programming staff.
11. XHOST SOLUTIONS PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. XHOST SOLUTIONS DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND XHOST SOLUTIONS SHALL HAVE NO LIABILITY THEREFOR.
12. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XHOST SOLUTIONS DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
13. XHOST SOLUTIONS DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
14.No Waiver of Rights by xHost Solutions.
Any failure by xHost Solutions to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of xHost Solutions rights.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AUSTRALIAN ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
16.1. From xHost Solutions to Customer.
xHost Solutions will notify you by e-mail of any notices that xHost Solutions is required to provide to you under this Agreement, at the most current e-mail address you have provided to xHost Solutions.
By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that xHost Solutions has your most current e-mail address, and xHost Solutions shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that xHost Solutions sends to the most current e-mail address you have provided to xHost Solutions.
16.2. From Customer to xHost Solutions.
Unless otherwise specified in this Agreement, notices to xHost Solutions shall be sent to the following email address billing@xHostSolutions.com.au
17. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the New South Wales, Australia, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.
18. Entire Agreement.
This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and xHost Solutions, and supersedes any prior or previous agreements between you and xHost Solutions with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which xHost Solutions notifies you from time to time, pursuant to this Agreement.
19. No Oral Modification of this Agreement.
This Agreement may not be modified orally.
21.1 Customer shall not assign or attempt to assign its obligations under this Agreement without xHost Solutions prior and express written consent to such assignment.
21.2. xHost Solutions may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.
21. Consent to Jurisdiction; Venue.
Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined by xHost Solutions.
22. Choice of Law.
For all purposes, this Agreement shall be deemed to have been made within the State of New South Wales, Australia. This Agreement shall be governed by the laws of Australia and the laws of the State New South Wales.
23. Force Majeure.
xHost Solutions shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of xHost Solutions.
24. Severability of Terms of this Agreement.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.
25. Limitation of Actions Arising Under this Agreement.
Any cause of action you may have with respect to xHost Solutions performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.