|
Legal
Information - Terms of
Service:
Terms of Service
Acceptable
Use Policy (AUP)
Nominet
Terms (Applying to all UK
domains)
Privacy
Policy
Terms
of Service
1. General Terms
The following Terms of
Service, Acceptable Use Policy
and accompanying policies
(collectively the "TOS",
"contract" or the "Agreement")
constitute a binding, legal
agreement between
Cobra Host (The "Company", "us" or "we") and the
customer (the "Customer" or
"you") which shall govern the
terms and conditions of services
provided by the Company. The
Company agrees to provide
services to the Customer in
accordance with the terms and
conditions set forth in the
Agreement.
1.1 Definition of Terms. All
services provided by
Cobra Host are henceforth referred to as the "Service".
All accounts, whether they be
shared web hosting, server
management, or any other product
or service offered by
Cobra Host, are governed under the Agreement and subject
to all terms and conditions. In
all parts of the Agreement,
singular refers to plural and
masculine refers to feminine as
applicable.
1.2. Modifications to this
Agreement. We reserve the right
to change the Agreement at
anytime, in whole or in part, at
any time. Where you disagree with
the updated agreement, you will
be able to cancel and terminate
services at the end of your
current billing period. If you
reject the updated agreement and
fail to contact us within seven
(7) days giving notice of your
rejection in writing, it will be
assumed that you acknowledge and
agree to the updated Agreement
and agree to be bound by the
updated terms. You acknowledge
that any changes or modifications
shall not constitute grounds for
non-payment.
1.3. Transfer of Rights and
Assignation. Under no
circumstances shall the Customer
transfer their rights under this
agreement to any other individual
or third-party without the direct
written consent of the Company.
The company shall be entitled in
its absolute discretion to assign
the whole or any part of this
agreement.
1.4. Severability. Every
provision set out in a separate
paragraph will be construed as a
separate and independent
provision severable from all or
any of the other provisions. The
headings are for convenience only
and will not affect the validity
or construction thereof.
1.5. Accepted Methods of
Notification. Where you are
required to give notice to us
under this agreement, all
notifications must be made in
writing and delivered either via
our online members area, by
sending a support ticket to the
cancellation department.
Notification given in any other
form, for example, over the
telephone or informal email to an
employee or company director will
not be accepted.
1.6. Jurisdiction. This
contract and agreement shall be
governed and construed in
accordance with the Laws of
England, United Kingdom, and the
parties submit to the
non-exclusive jurisdiction of the
Courts of the said Country.
1.7. Timeframes. All dates and
times are given in good faith but
no liability is accepted for
damage or loss caused by
delay.
1.8. Limitation of Liability.
Neither party shall be liable for
any indirect, incidental,
special, punitive, or
consequential damages, or any
loss of profits, revenue, data,
or data use. Our maximum
liability for any damages whether
in contract or delict will not
exceed the fees which you have
paid to us or are payable to us
for this order, and if such
damages result from your use of
the software or technical
support, the liability shall be
limited to the fees paid or
payable for the software or
technical support.
2. Order Acceptance
2.1. Request for provision of
services. Cobra Host, as a company dealing in online ecommerce,
makes available to you an order
form for the purpose of ordering
services. During the order
process, you will be assigned a
unique order ID and your payment
will be taken and/or your payment
details stored. This does not
constitute acceptance of your
order. Your order is only
accepted when you receive an
email or other communication from
us informing you that your order
has been accepted and your
service is now in the process of
being provisioned. Your order may
be rejected at any point prior
and for a period of up-to
twenty-four (24) hours following
this, in cases where we believe
your order represents too high a
risk, we do not have the stock to
fulfill your order or where you
placed the order improperly
&endash; for example, ordering a
service with a promotion
(including coupon codes or other
automatic discounts) which has
expired. The company will be the
sole judge in deciding what
constitutes placing an order
improperly.
2.2. Proof of identity and
payment. As Cobra Host operates in industries with high-fraud risks,
we perform extensive checks on
all orders. These checks are
carried out in full compliance
with our privacy policy.
Cobra Host will refuse and refund orders where we deem
the order to be too high a risk,
where we believe the
documentation or details provided
are not legitimate.
Cobra Host co-operates fully with local and
international law enforcement
agencies and reports all
instances of fraud or suspected
fraud.
2.3. Substitution and
upgrades. Due to parts
availability or other concerns,
when you order a service from
Cobra Host, the entire service or components of the
service purchased may be replaced
and/or substituted for components
of equal performance or value.
Components may also be upgraded
with components which are of
greater value and / or represent
faster or improved performance.
Where we decide to upgrade or
substitute all or part of your
service, there will be no change
to the monthly fee or setup fees
charged. The company will be the
sole judge as to what constitutes
'equal performance or value'. The
service specification listed on
our website and/or in any
advertisement should be
considered the minimum
specification which
Cobra Host will provide where an order has been placed
by you and accepted by us.
2.4. Incorrect or Inaccurate
Information. We endeavor to make
all the information on our
websites and in our
advertisements as accurate as
possible. Cobra Host however does not warrant that the information
provided is complete, reliable,
current, or error-free. If an
error is found within fourteen
(14) days of accepting your
order, we will contact you as
quickly as possible and allow you
to either cancel your order or
re-confirm your order with the
correct information. Where we do
not receive a response from you
within seventy-two (72) hours, we
will cancel your order and refund
you via the means payment was
taken.
2.5. Contract Period. Unless
otherwise agreed in writing, all
services are provided on a month
to month basis. The minimum
contract period is one (1) month.
The contract and billing period
start from the date the service
is ordered by you from us.
3. Billing and Refund
Policy
3.1. Payment Policy. All fees
for Service provided by the
Company are due in advance on the
first day of each billing cycle.
An invoice for Services due will
be generated on your account and
dispatched to your primary
account e-mail address
approximately five (5) days prior
to your actual due date. Within
those five (5) days, the Customer
must login to the billing center
and make full payment of all due
amounts. It shall be the
Customer's responsibility to
ensure that full payment is
received prior to the designated
invoice due date. Reminder
invoices and/or notices are not
guaranteed.
All invoices must be paid in
full not later than 11:59 PM GMT
on the designated invoice due
date. If we do not receive full
payment on any given invoice
before the designated invoice due
date, the Customer's account will
become delinquent. All delinquent
accounts are subject to immediate
suspension or disconnection of
all provided Services, not just
the Service that is past due or
delinquent. Any account that
remains delinquent for more than
twenty-four (24) hours following
suspension or disconnection of
services is subject to immediate
cancellation of all Services
provided. In the event of
cancellation for non-payment, all
Services provided by
Cobra Host will be terminated, and all associated data
will be permanently lost. The
customer acknowledges that
Cobra Host is not responsible for any damages or losses
due to cancellation for
non-payment.
All invoices that remain
unpaid after seven (7) days of
the designated invoice due date
will be referred to our
collections agency. The
collections agency used by
Cobra Host may vary from time to time. If civil
litigation is deemed necessary to
collect a past due balance, the
Customer agrees to pay all of our
court and solicitors fees, in
addition to the collections fee,
original amount due, and any
reconnection charges. The
Customer agrees to a place of
venue of the Company's
choosing.
3.2. Refunds Policy. Except as
specified elsewhere in this
agreement, all payments to
Cobra Host are final and non-refundable. This includes
the one-time setup fee and all
subsequent charges or fees
regardless of usage. Refunds will
be made where we are legally
obligated to do so. We may also
provide refunds at our
discretion. If you believe you
have been overcharged or falsely
billed, you must communicate
these concerns to our Billing
Department within twenty-eight
(28) days of such overcharge or
false billing.
3.3. Bank Assisted Disputes
("Chargeback"), Payment Disputes
or Payment Reversals. Initiation
of any complaint or Bank Assisted
Dispute (chargeback) against us
constitutes a severe breach of
this agreement. A "complaint or
chargeback" shall be defined as
initiating any form of complaint
or chargeback with PayPal, your
credit card issuer or bank. Upon
receipt of a complaint or
chargeback, or threat thereof,
Cobra Host will immediately suspend or disconnect all
Services provided to the
Customer. If we do not hear from
you within twenty-four (24) hours
of such suspension, we will
immediately cancel and terminate
all Services provided, not just
the Service that is being
disputed. We will then initiate
proceedings with our collections
agency to collect and recover the
full amount for services. Please
note that threats of a complaint
or chargeback will be treated the
same as an actual complaint or
chargeback
4. Cancellation
Policy
4.1. Cancellation Policy. You
may cancel your Services with
Cobra Host at anytime by providing the Company with not
less than five (5) days prior
written notice of your intent to
cancel Services. All cancellation
requests must be submitted to us
via our online ticketing system,
must be submitted to the billing
department, and must contain all
information requested.
Cancellation requests received
not meeting these conditions will
not be accepted.
We must emphasize that if you
do not cancel a Service at least
five (5) days prior to your next
scheduled due date for that
Service, it will be assumed that
you intend to renew the Service
for an additional billing cycle,
and you will be responsible for
payment of the next generated
invoice
We may at our discretion
accept cancellation requests less
than five (5) days prior to your
next scheduled renewal date.
Cancellation requests after
the first 7 days of service must
be received at least five (5)
days prior to your "monthly"
renewal date. If cancellation of
service is not done (5) days
prior to your "monthly" renewal
date, you will be billed the
following month and every month,
including any late fees,
thereafter until we receive the
proper cancellation notice as
outlined above. The date you send
your cancellation is the date
your account will be
cancelled.
Our billing system is
automated and canceling your
PayPal or Credit Card
subscription may result in
immediate cancellation of your
hosting account regardless of any
remaining time left that you have
pre-paid for. Once your account
is cancelled, there is no way to
retrieve your data. Please backup
you data before you cancel.
5. Uptime/SLA
Agreement
5.1. Service Level Agreement.
Cobra Host guarantees at least 99.9% network and power
uptime. This excludes scheduled
maintenance, reboots,
self-inflicted downtime, acts of
God, backbone issues, DDoS
attacks, hardware failure,
downtime on individual servers,
service failures, labor strikes,
or other conditions out of the
company's control. In the
unlikely event that we fail to
meet our network uptime
guarantee, we will issue a
prorated credit to your account
to be credited to your next
invoice.
6. Support Policy
6.1. Sales, Billing and
Network Support. All services
provided by the company to the
customer are "unmanaged". The
company is not obligated to
assist or provide technical
support for any software issues.
The company will have the sole
decision on what constitutes a
software issue. For the purposes
of sales questions, billing
enquiries and technical support
related to the server hardware or
network, the company provides
access to a support helpdesk,
accessible from our support site.
Any Customer requiring assistance
beyond our normal support policy
will be notified that the request
falls outside our normal support
policy.
6.2. Support Abuse. Abuse or
disrespect directed towards our
staff or network staff will never
be tolerated. If you are
disrespectful, use foul language,
threaten us, or do anything else
we may find offensive, you will
be considered in severe breach of
this agreement. Violations of
this policy carry heavy penalties
including, but not limited to,
warning, extended suspension or
disconnection of all Services
provided, or cancellation of all
Services provided. Prior to
un-suspension or disconnection of
a Service suspended or
disconnected for violation of
this policy may be subject to an
"Administrative Charge" of
£25.00. As per this
agreement, no refunds will be
offered in the event that
cancellation is considered.
 
|
