The following terms and conditions (these “Terms”) govern the provision by Endrop (“Company”) of the services and/or products (referred collectively herein as “Services and Products”) described on the Service Order Form, the Service Level Agreement and defined in any of the Company’s product support listing, to the customer (“Customer”) identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this “Agreement.”
By submitting the online order form, Customer hereby agrees to the following:
- Customer agrees to pay for hosting services rendered in advance of each service term.
- Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
- Customer agrees to a no-refund policy in advance, unless specific circumstances arise, when a refund may be made at the discretion of the Company management. Setup fees are non-refundable.
- Non-Payment of services shall result in a 7-day notice of suspension. If no payment is received within this period then a 7-day notice of disconnection will be issued AND a late payment fee of £5 will be added to the invoice. All payment failures must be cured within 7 days of notice. Customers failing to secure payment within 7 days of notice will have their accounts (and any services attached to them) removed.
- Customer agrees to adhere to the Company Acceptable Use Policy.
- Customer agrees not to engage in activity that violates either United States or United Kingdom laws applicable to the service terms described herein.
- Company reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy and Terms of Services.
Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:
1. Indemnification. Customer agrees to indemnify and hold harmless Company and the employees and agents of Company (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgements (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 Products, and will 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.
2. Limitation on Company Liability. Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
3. Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognised overnight courier, registered or certified mail, to the address or facsimile number of Customer as set forth in the Service Descriptions or Company as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by facsimile, (iii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested. Endrop, 40 Bloomsbury Way, Lower Ground Floor, London, WC1A 2SE, Attention Accounting Manager.
4. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
5. Customer Cancellation or Non-Renewal. In order to cancel or elect not to renew any product or service, Customer must submit a cancellation request from within the client area (or in the case of a domain, disable the auto renew feature) AT LEAST 2 DAYS prior to the product or service expiring. CUSTOMER ACKNOWLEDGES AND AGREES THAT NO PRODUCT OR SERVICE WILL BE CANCELLED, ALL PRODUCTS AND SERVICES SHALL CONTINUE TO RENEW AND CUSTOMER WILL CONTINUE TO BE BILLED FOR ALL PRODUCTS AND SERVICES UNLESS CUSTOMER SUBMITS CANCELLATION REQUEST FROM WITHIN THE CLIENT AREA.
6. Miscellaneous. Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Violation of terms may result in termination and suspension of account.
