Terms of Service
The term of service is selectable by the subscriber during the ordering process on our publicly accessible shopping cart. The term can also be adjusted post-signup via subscriber request to HostPhyton.com for term adjustment. The term begins with the processing of subscriber’s order. Successful order processing is subject to payment of referenced order invoice. Unless subscriber specifies otherwise through either (i) cancellation notice within acceptable notice period; (ii) request for term augmentation; the term, in length equal to its prior term, will renew automatically.
Service downgrades and upgrades
Service downgrades (for instance, when changing to a hosting package that offers fewer options) will take effect at the account’s anniversary date only (an account anniversary date corresponds to the day of the month at which an account was opened. For instance, if an account was opened on October 31st, this account may be modified on the 31st of each month once the original commitment is over). Service upgrades, however, may take effect at any time.
Subscribers that wish to dispute a payment, must send an email directly to admin@cHostPhyton.com whereby issue will be researched, and investigated by account managers. If this step is skipped, and payment dispute and/or chargeback is executed with his/her credit card issuing bank and/or PayPal (“Dispute”), said subscribers account will be immediately suspended pending investigation of the issue. HostPhyton.com has a zero-tolerance policy for chargebacks. Any customer who disputes a credit card or PayPal payment agrees to pay a “Reactivation Fee” of 75 GBP for services to be unsuspended, regardless of the outcome of the dispute. We reserve the right to deny renewal of our services to any subscriber who issues a chargeback.
HostPhyton.com reserve the right to increase its fees for services effective the first day of a renewal term. HostPhyton.com will give customers at least a thirty (30) day notice of impending price increases prior to the issuance of their terms’ renewal.
Invoices must be paid by their respective due date. All invoices have clearly defined due dates which are visible on said invoices. Subscribers that have not paid their fees by notated due date as specified on the invoice understand that they are in breach of this agreement; accounts that are in arrears for 3 or more days will be subject to automatic service suspension. Reactivation of services that have been suspended due to late payment, is possible, only after full settlement of past due to invoices, and the payment of a 10 GBP reactivation fee. Accounts that are over 14 days, are subject to immediate termination. Backups will be held for 14 further days, pending total deletion. Account restoration from archived backups are subject to a 175 GBP restoration fee.
Subscribers who are residents of the European Union must pay applicable VAT (20%). Those subscribers that purchasing on behalf of a registered company, are excluded from VAT charges, granted that a valid Europa VAT number is provisioned to our accounts team during signup.
Suspension of Services
You agree that HostPhyton.com may suspend your services without liability if (i) we reasonably believe that the services you have subscribed to are being used in violation of our AUP (Acceptable Usage Policy); (ii) you have unpaid, overdue invoices within your client area portal; (iii) your services are being used to carry out attacks on other servers, or your services are under attack, or your services are in any way, wilful or not, affecting the quality of service of other customers.
Subscriber acknowledges that a minimum of 14 days (30 Days’ Notice is required for Dedicated Servers) cancellation notice prior to the renewal of subscribed term must be made. Notice of cancellation can be made subject to the following guidelines:
Subscribers that pay HostPhyton.com via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. HostPhyton.com (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.
Disclaimer of Warranties
HostPhyton.com DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW HostPhyton.com DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF CYCLONE NETWORKS LTD AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.
Customer agrees to indemnify and hold harmless HostPhyton.com, HostPhyton.com affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable legal fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
HostPhyton.com shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond HostPhyton.com control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
HostPhyton.com reserves the right to augment the above terms of service at any time. Such changes will become effective and binding after their posting on The Company’s website. By continuing to use HostPhyton.com services after any posted revision, all subscribers agree to abide by it.
The subscriber agrees that this Agreement shall be governed in all respects by the laws and courts of United Kingdom. Subscriber agrees that any claim or dispute that may arise against HostPhyton.com must be resolved by a court located in the United Kingdom.