This Web Hosting Agreement (“Agreement”) is between CloudBoxHosting, and the person (individual or legal person) whose signs CloudBoxHostings’ service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of CloudBoxHostings’ Web hosting service.
PLEASE READ THIS AGREEMENT CAREFULLY.
Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of CloudBoxHostings’ credit approval requirements, CloudBoxHosting agrees to provide the web hosting services described in the Order for the fees stated in the Order.
The initial service term of the Agreement shall begin on the date that CloudBoxHosting generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a “Renewal Term”) unless CloudBoxHosting or Customer provides the other with written notice of non-renewal at least fifteen (15) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”
Fees are payable in advance from ten (10) days prior to the beginning of, to the first day of a new billing cycle. Customer’s billing cycle shall be monthly, quarterly, semi-annually or annually as indicated on the Order, beginning on the Service Commencement Date. CloudBoxHosting may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes CloudBoxHosting to bill subsequent fees to the credit/debit card up to 5 days prior to, on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise CloudBoxHosting will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees will be issued ten (10) days prior to the 1st day of each billing cycle, and the fees shall be due on the first day of the new billing cycle.
Payments must be made in GBP. Customer is responsible for providing CloudBoxHosting with changes to billing information (such as credit card expiration, change in billing address) At its option, CloudBoxHosting may accrue charges to be made to a credit/debit card until such charges exceed £10.00. CloudBoxHosting may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. CloudBoxHosting may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay CloudBoxHostings’ reasonable reinstatement fee following a suspension of service for non-payment and to pay CloudBoxHostings’ reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
- Fee Increases. CloudBoxHosting may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty-five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
- Taxes. At CloudBoxHostings’ request Customer shall remit to CloudBoxHosting all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on CloudBoxHosting), regardless of whether CloudBoxHosting fails to collect the tax at the time the related services are provided.
- Early Termination. Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event CloudBoxHosting terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for CloudBoxHostings’ breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
- Late Fees. Customer acknowledges that any invoice that is not paid within five (5) days of the due date will be subject to a £10.00 late fee.
Accounts that are 30 days past due will be automatically deleted from our servers, if you wish to activate an account over 30 days past due, there will be a £25.00 fee to restore your account from backups (if available). Any special pricing you had on your old account will not transfer to the new account, all new accounts will pay current prices on our website.
- Refunds and Disputes. All payments to CloudBoxHosting are non-refundable. This includes the one-time setup charge (if applicable) and subsequent charges or fees regardless of usage. All overcharges or billing disputes must be handled directly via the CloudBoxHostings Billing Team within 10 days of the overcharge or dispute. Initiation of a formal complaint or chargeback for services from CloudBoxHosting is a strict violation of this TOS. A “formal complaint” or “chargeback” shall be defined as initiation of any complaint, dispute, or chargeback with PayPal and/or your credit card issuer. Upon receipt of a formal complaint or chargeback, CloudBoxHosting will take immediate action against the offending account including suspension or termination at our sole discretion. Further, such a complaint or chargeback will result in deactivation of all services on your account whether you disputed one or all of the services on your account. Chargebacks will also result in being reported to debt collection agencies. You will be responsible for all debt collection fees as well as all owed fees to CloudBoxHosting. Any unreasonable chargebacks against CloudBoxHosting will occur a £150 chargeback fee.
- Special Offers/Coupons. Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. Future invoices will be billable at regular contract term pricing. One coupon per account. Coupons are valid for new orders only and cannot be applied to upgrades, renewals, and cannot be used to replace an existing account. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account.
Coupon abuse will not be tolerated and may result in the suspension and/or termination of the account, loss of our 30 Day Money Back Guarantee protection, and thus no refunds will be offered. Coupons or discounts are only valid towards the initial purchase and do not affect the renewal or recurring price unless specifically mentioned. If you have any questions about promotions, please contact our Sales Department prior to placing your order.
Customer agrees to use the service in compliance with applicable law and CloudBoxHostings’ Acceptable Usage Policy posted at https://CloudBoxHosting.com/acceptable-use-policy/ (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that CloudBoxHosting may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on the earlier of CloudBoxHostings’ notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with CloudBoxHostings’ reasonable investigation of any suspected violation of the AUP. In the event of a dispute between CloudBoxHosting and Customer regarding the interpretation of the AUP, CloudBoxHostings’ commercially reasonable interpretation of the AUP shall govern.
Customer represents and warrants to CloudBoxHosting that the information he, she or it has provided and will provide to CloudBoxHosting for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to CloudBoxHosting that he or she is at least 18 years of age. CloudBoxHosting may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contact.
Customer agrees to indemnify and hold harmless CloudBoxHosting, CloudBoxHostings’ 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 attorneys 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.
Disclaimer of Warranties
CLOUBOXHOSTING DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW. CLOUDBOXHOSTING DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. 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 CLOUDBOXHOSTING 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 THREE MONTHS OF SERVICE.
- Suspension of Service. Customer agrees that CloudBoxHosting may suspend services to Customer without notice and without liability if: (i) CloudBoxHosting reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) CloudBoxHosting reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay CloudBoxHostings’ reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection. It remains the sole discretion of CloudBoxHosting if an account is eligible for reinstatement.
- Termination. The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if CloudBoxHosting fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by CloudBoxHosting prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon thirty (30) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within five (5) days of a written notice from CloudBoxHosting describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this Agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
Cancellations and Money Back Guarantee
- Cancellations. Customer is free to cancel their account at any time by filing a cancellation request within the CloudBoxHosting Customer Portal. Cancellations MUST be filed 72 hours before the invoice due date to avoid payment liability for the next calendar month. Similarly, CloudBoxHosting reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.
Cancellations filed after 72 hours before the invoice due date will be applied to the month after the next calendar month. The customer assumes responsibility for payment of the next month’s due invoice.
- Money-Back Guarantee. If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds must be made through our Billing Department of our helpdesk. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees, setup fees, or any fees for additional services that are purchased in the first thirty (30) days. Refunds will deduct the costs of any software licensing included free or purchased separately under your account. CloudBoxHosting also reserves the right to deduct fees for value-added services that may have been included in the services at no additional cost, such as SSL certificates, dedicated IPs, or free domain registration or transfer, from any refunds or account credits. Money-back guarantee only applies to those products and services that specified with this offer. Any other products or services with no specification in money-back guarantee are not entitling to any money back or refund. Under the money-back guarantee, only first-time accounts/customers are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. CloudBoxHosting reserves the right to determine the definition of a first-time account. If you cancel your account after the first 30 days have passed, or after your account is renewed then, unfortunately, we will not be able to issue any refunds. Please note: upgrades to hosting service, dedicated IPs, domain registration/ transfer and SSL certificates are non-refundable.
Due to the nature of cryptocurrency payment systems, no refunds at any point will be offered for cryptocurrency payments and will not qualify under our 30 Day Money Back Guarantee. Violations of our Terms of Service or AUP will waive the right to a refund and our refund policy.
In the event that your shared, reseller or semi-dedicated server has a physical downtime that falls short of the 99.9% uptime guarantee, you may be entitled to credit of up to 5% of your monthly fee for every 30 minutes of downtime (up to, but not exceeding 100% of one monthly payment, and the credit will be applied toward future payments). Approval of the credit is at the discretion of CloudBoxHosting upon valid justification provided. Third-party monitoring services are not accepted as justification due to a variety of factors including monitor’s network capacity/transit availability and firewalls. The uptime of the server is defined as the reported uptime from the OS (operating system) and the web server.
Site availability guarantee does not include downtime that is out of CloudBoxHostings’ control, including but not limited to: outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; scheduled or emergency maintenance, DDoS or other attacks on our servers, hardware failure, third-party software failure, maxed out resources, interruptions resulting from errors or omissions by the customer, issues relating to the customer’s ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control.
You are responsible for reporting a downtime event, and you must request a credit within five (5) days of experiencing a downtime event. To request credit, contact our Billing department with proper justification.
Requests for Customer Information
Customer agrees that CloudBoxHosting may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end-users that CloudBoxHosting believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end-users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
You can request customer support only by opening a ticket through the HelpDesk system located in the Customer area. CloudBoxHosting will have no liability to provide customer support if it is requested in any other way apart from the HelpDesk system. You are solely responsible to use the appropriate HelpDesk category when opening posting a Ticket. CloudBoxHosting will have no liability to respond to tickets opened in inappropriate categories. CloudBoxHosting shall not be liable for any delay in a Ticket opened in inappropriate categories. You acknowledge that by asking our customer support representatives for assistance, You authorize their intervention and operation in your account.
You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, an excessive number of tickets opened by a single Customer, aggressive and/or harassing behaviour, foul language, repetitive use of inappropriate categories for opening posting Tickets, etc. Any abuse of the HelpDesk system may result in a warning, HelpDesk access restrictions, account suspension or possible account termination with no refund. CloudBoxHosting has the sole right to decide what constitutes abuse of the HelpDesk system.
Reseller Hosting Customers are responsible for supporting their clients. CloudBoxHosting does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. CloudBoxHosting will hold any reseller responsible for any of their clients’ actions that violate the law or these terms of service.
Back-Up and Data Loss
Your use of the service is at your sole risk. CloudBoxHosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on CloudBoxHosting servers. While CloudBoxHosting does maintain backups of your files and/or data on our Shared, Reseller, and Semi-Dedicated platforms, we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence.
Changes to the CloudBoxHosting Network
Upgrades and other changes in CloudBoxHostings’ network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. CloudBoxHosting reserves the right to change its network in its commercially reasonable discretion, and CloudBoxHosting shall not be liable for any resulting harm to Customer.
Notices to CloudBoxHosting under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on https://CloudBoxHosting.com. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
CloudBoxHosting shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond CloudBoxHostings’ 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 labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trademark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be an agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on CloudBoxHosting unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third-party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without CloudBoxHostings’ prior written consent. CloudBoxHostings’ approval for assignment is contingent on the assignee meeting CloudBoxHostings’ credit approval criteria. CloudBoxHosting may assign the Agreement in whole or in part.
Right to Refusal With Out Cause
CloudBoxHosting may refuse to accept any customer or any website for participation in the CloudBoxHosting hosting network as determined by CloudBoxHosting at its sole discretion.