Legal


Billing Policy

Hostway bills on a monthly or yearly cycle, depending on what option and plan has been selected. Account and billing anniversary information will be sent to you after we have processed your order. Prompt payment is necessary to ensure uninterrupted service of your account.

30 Day Money Back

Hostway offers a 30-day money back guarantee for all shared hosting accounts to new customers. This entitles customers to enjoy a risk free trial of Hostway’s services to test quality, performance and speed. The 30 day money back applies to all Hostway shared web hosting plans. Following services do not qualify for 30 day money back guarantee: domain names, additional items and services; virtual private servers; dedicated servers; items and services ordered through the reseller program.

If you are not completely satisfied with our services within the first 30 days of your initial activation date, you will be given a full refund of the contract amount excluding set-up fees and overages.

Free Month

For some customers Hostway offers a “free month”. Hostway will take a payment for the first month to authorise the account. A credit will then be issued to the account, giving the customer a positive balance. The customer may cancel at anytime during their first 30-days to receieve the credit back, OR automatically carry the account forward after 30-days with the positive balance applied. The following services do not qualify for 30 day money back guarantee or free month: domain names, additional items and services; dedicated servers; items and services ordered through the reseller program, and will be charged without exception.

Payments

Credit/Debits cards

  • Customers paying by credit or debits cards will be automatically charged the appropriate amount at the beginning of the account’s billing period.
  • Hostway reserves the right to charge a min. £25.00 fee for chargebacks as well as bounced payments. Further penalties may apply (please see Late Payment Fees section).

Cheque/Money order

  • Customers paying by cheque/money order must ensure that cheque/money order is received by Hostway Billing Department by the beginning of the billing period.
  • All cheques and money orders must be drawn in UK sterling.
  • Hostway reserves the right to charge a min. £25.00 fee for returned cheques. Further penalties may apply (please see Late Payment Fees section).

Late Payment Fees

All unpaid balances incurred during period of service provided by Hostway are subject to collection.

Hostway UK understands and will exercise our statutory right to claim compensation, interest and administration penalties for any debt recovery if we are not paid according to agreed credit terms.

By using Hostway’s services, the customer agrees to accept:

  • liability for all losses, including banking charges, interest, collection agency fees and commissions and/or the costs of any other action, as well as any lawyer/solicitor fees expended in the collection of monies due to us for any services rendered whether or not suit is instituted.
  • liability for an administration charge of 15% of the total amount outstanding on accounts (min. £25.00) to the customer’s account when payment fall more than 30 days overdue.
  • liability for ongoing late payment interest as outlined in the Late Payment of Commercial Debts (interest) Act 1998 and the European Directive 2000/35/EC European Directive 2000/35/EC

Cancellations

Any request for cancellations must be received via email (billing@hostway.co.uk), regular mail or fax (+44 (0)207 538 8001) and you’ll receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email cancellations are not accepted.

Please confirm with a member of the Billing team that your service has been canceled on a specific date. We cannot provide refunds for continuing services which have been “assumed” to be closed.

It remains the responsibility of customers to ensure they cancel any products or services they wish to cancel themselves, via their Control Panel (SiteControl). This can be done under the “Personal/Billing Info” section. If you are unable to do this please call Billing on +44 (0)207 538 8000 opt 3

Account Renewals

In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan’s Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section above.

NOTE: Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify Hostway that you would like to cancel your account.

Cancellation of Dedicated Server and Dedicated Solutions

Please note that dedicated servers cannot be cancelled during the contract period unless there is specifically a “Contract Buyout” agreement included in the original contract, if you wish to cancel your dedicated server(s) or dedicated enviroment mid contract you are then liable for the outstanding contract balance along with any outstanding invoices and and this must be settled within 30 days of Hostway receiving the notice of cancellation.

Failure to settle within that period could the balance will be refered for collection and will attract additional administration and interest fees as mentioned above in the “Late Payment Fees” section. Please note that whilst there is a balance outstanding on any account Hostway reserve the right to restrict access and avalibility to the customer of code, web pages or any electronic data, Hostway undertakes it will not use the customers information or code for any purpose.

Submission of the cancellation form does not automatically complete the cancellation request – your account may be past due or delinquent in which case the balance must be settled before cancellation of an account can be possible. Domain name transfers, non-usage, Internic problems, ISP problems, or any other secondary issues not directly related to Hostway’s services does not qualify an account for cancellation. Customers are urged to make sure that they receive a cancellation confirmation from Hostway, indicating the closure of a domain and/or an account has been completed.

Once a cancellation request has been received and been confirmed you will need to complete the process via SiteControl; you need to click on “Personal/billing info” at the top of the page and then follow the instructions towards the bottom of the page

Refunds

Full refunds are only available within the 30 day money back period (excluding setup fees- see above); Annual prepayments (or higher payment cycles) are given pro-rata refunds only on the discretion of Hostway.

Billing Terms

This agreement is between Hostway, and the authorised entity/person mentioned above: The Authorised Person mentioned above will hereafter be referred to as “User”.

1. Subject to the provisions hereof, the account will be opened upon reception of order, and repeated in each successive billable period thereafter at the then applicable prevailing rates and charges, unless written notice of cancellation is received from User prior to the beginning of the next billable period. Any features or overages will be liable for charges and will automatically be added to the account and charged on the User’s statement date. Cancellation and closure of service may take up to 24-72 hours after receipt of intent to cancel.

2. Charges for “billable period rate” services are payable prior to the beginning of each period. Failure to pay in no way relieves the user’s obligations to make full payment. User hereby agrees to pay any and all attorney fees, court costs, and related expenses incurred by Hostway in the collection of any amount due it.

3. Hostway may, with 30 days written notice, amend the rates and or charges for any future server usage and/or services.

4. User agrees to use all Hostway services and facilities at User’s own risk. Hostway specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Hostway be liable for any loss, or loss of data, or any other damages.

5. User agrees to protect and indemnify Hostway against any and all liability, loss, or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights and privacy and infringement of copyrights and property resulting from User’s use of Hostway services.

6. Hostway reserves the right to cancel any account, at any time, without notice, for any reason Hostway considers appropriate. Use of the email system to send unsolicited email or Usenet postings is not allowed from any Hostway account. “Sexually Explicit Adult Content” is not allowed on Hostway servers. At Hostway’s discretion, access to Hostway’s Internet Account may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole. See Terms of Use Policy.

7. User agrees not to use disk space provided by Hostway for uploading files not directly related to his website. At Hostway’s discretion, any such activities deemed inappropriate by Hostway may result in termination of access to Hostway’s Internet Account. User also agrees not to use any server side program that requires unusual amount of server resources. If and when User website’s server processing usage exceeds what is considered usual, Hostway shall offer new pricing deemed appropriate for such usage by Hostway. If User declines the said offer, the Hostway may cancel User account at Hostway’s discretion. Hostway shall be the sole arbiter of what constitutes unusual amount of server resources. User agrees not to store any archival files in the disk space on Hostway servers. 90% of files stored on the servers must be linked to the website. Violation of this rule may result in termination of access to Hostway’s Internet Account. Websites designed to distribute softwares and/or multimedia files are subject to special pricing. For accounts under which the disk space is resold, the traffic allowance is halved and subject to special pricing.

8. User is solely responsible for usage of Hostway and any statement User makes on Hostway’s system may be deemed a “publication “ of the information entered. Acknowledging the foregoing, User specifically agrees not to use Hostway’s service in any manner that is illegal, libelous, or against any Hostway policy.

9. Hostway reserves the right to cancel any services/account with out notice for reasons it sees as fit and just.

10. Each of Hostway’s web hosting plans except for as stipulated below carries a 30 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund of the contract amount excluding any overages and the set-up fee. In the event of cancellation of an account for which set-up fee was waived, the set-up fee as stipulated at the time of User placing the order for the domain will be charged to User’s account. For web hosting contracts the full monthly contract amount except for domain registration fees and charge for overages will be refunded if Hostway is notified within the first 30 days following activation. No refund is available after the 30th day. All cancellation requests must be submitted to Hostway by email or regular postal mail. This 30 day money back guarantee as described above is not valid with the following services: reseller accounts, domain parking plus, and dedicated servers.

11. The billable service period begins on the date the services indicated in this agreement become available to User. Any traffic or feature overage will be billed immediately after it occurs. Traffic or feature overages will be calculated using daily traffic limits/and or standard charges.

12. This Agreement shall be governed by and interpreted in accordance with the laws of the United Kingdom, and the courts of the judicial district of the United Kingdom shall have exclusive jurisdiction in respect of any proceeding in connection with this Agreement.

13. Hostway will prepare, where applicable V.A.T (value added tax) invoices to customers within the United Kingdom and V.A.T applicable European Union countries. Invoices will be prepared via email and online (via web browser) for customers at their due statement date.

14. Payment methods provided in the User’s control panel will be used continuously to bill on statement date. If a method fails to clear an overdue balance, Hostway will use historic payment records to reconcile the account.

15. THE ABOVE ACCOUNT AND BILLING INFORMATION APPLY TO YOUR TERMS OF USE AGREEMENT.

* All prices exclude VAT where applicable. All plans, packages and offers are subject to terms and conditions of sale available on the site.

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