Terms of Service
By subscribing to any of the Services and opening an account with us ("the Account") you ("the Customer") agree to be bound by these terms and conditions. These terms and conditions apply to all Everything Servers accounts. They set out the basis on which we offer our services. This information should be read carefully and if you have any questions, please feel free to get in touch.
2.1 You agree to cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information.
3.1 If paying by a cheque, please allow 5 working days for the cheque to clear and for us to open the Account. If paying via cash we will endeavour to set up your account on the same day.
3.2 Invoices are generated 10 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 1 day after the official due date. If no attempt is made within the next 15 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held. In total 6 days from the official due date will pass before we permanently terminate your account. If you require additional time in order to pay an invoice, please contact our Billing department.
Any incorrect, overcharges or billing disputes must be reported within sixty (60) days of the time the charge occurred.
4. Cancellations & Refunds
4.1 As for DDOS Protection, due to the nature of the service, all payments made to Everything Servers are final. An conditional 7 day money back guarantee is provided on Server Administration and Server hardening services as long as the reason is justified. Payments after the initial thirty (30) days of Service are non-refundable, regardless of usage or reason.
4.2 Setup or product addon fees do not come under the purview of this guarantee and therefore, these will not be refunded, regardless of reason. Please feel free to enquire about this before making a purchase. You may not chargeback payments through any of the payment gate ways. In order to request a refund, you will be required to get in touch.
4.3 Only first-time accounts are eligible for a refund. If you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
5. Modification of Terms of Service
Everything Servers reserves the right to modify or change these terms of service at all times. All customers are bound by the latest terms of service published on this website.
6. Limitations of Service.
The customer agrees that there are limitations to the services provided and Everything Servers will not be responsible. These include:
6.1 Accounting matters related to payment for software, licenses, Services or other items unless directly provided by or acquired for Customer by Everything Servers.
6.2 Fixing errors and omissions contained in any third-party source outside the direct control of Everything Servers, unless otherwise specified.
7. Response Times
Everything Servers guarantees a maximum response time on our Server Admin plans of 1 hour. Tickets are reviewed in the order in which they are received and answered in the same order respectively.
8. Refusal Of Service
Everything Severs reserves the right at its sole discretion to refuse or cancel service. Violation of any of these Terms of Service will result in a warning, suspension, or termination of Service. Accounts may be terminated for any or no reason at all without any prior notice to the customer. Service terminated due to Terms of Service violations will not be refunded.
9. Customer Abuse
Everything Severs has a zero tolerance policy for abusive language and/or abusive behavior towards our company, the Service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive will result in immediate irrevocable account termination without and refund. Threats to sue, slander, libel, etc. will all be considered abuse.
10. Posting on Public Websites
Any Customer of the Service that engages in posting negative feedback on any public forum about our company and/or our employees before contacting our feedback department to discuss any issues you may have will result in immediate account termination. The customer is well within their right to post feedback without discussing the issue with Everything Servers's feedback department; however, we expect professional courtesy in our relationship with our Customers and expect at least being contacted first. We always work to the best of our ability to resolve any negative issues brought up with our feedback department. We will reserve the right to terminate service for any Customer that violates this term.
11.Limitation of liability
11.1 Everything Servers disclaims all liabilities in connection with and is not responsible for the following:
(a) down time, (b)lost files, (c)equipment failures, (d)acts of nature, (e)any security breaches whatsoever affecting the Customer's Account or any damage resultant from activities considered beyond the control of Everything Servers, such as war, natural disasters etc.
11.2 In no event shall Everything Servers be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.
11.3 Nothing in this Clause 20 excludes each party's liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.
11.4 Subject to Clause 18.3, our liability to you in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents be limited to the annual fees paid by you to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until you have provided documentary evidence to our satisfaction proving that loss has occurred.
11.5 We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.
11.6 Everything Servers will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
The Customer agrees that it shall defend, indemnify, save and hold Everything Servers harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Everything Servers, its agents, its customers, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns in connection with their use of the Services.
13.1 This Agreement shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
13.2 The Customer and Everything Servers both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.
Information collected is used for billing and to provide service and support to our customers. We may also study this information to determine our customers needs and provide support for our customers. Reasonable precautions are taken in account in order to prevent unauthorised access to this information. This safeguard may require you to provide additional forms of identity should you wish to obtain information about your account details.
Your payment details are handled via an external company. We use PayPal, Stripe (Credit/Debit Cards) and Skrill which are external companies. Everything Servers keeps tracks of the transaction ID's in order to reference invoices to transactions, these are all secure, encrypted and stored in a database.
Whilst browsing our website, cookies are stored in order to enable features such as user system logins or saving preferences should you not be logged in. For example, if you have been referred here by an affiliate link, this stores a cookie on your computer in order for affiliate to receive the commission.
Your account details are all logged within a MySQL database hosted by us. All your personal details are secure and will not be passed onto anyone else. Your account can be deleted by yourself which removes all details containing your personal information. To delete your account please submit a support ticket to the Billing department and it will be dealt with. Your passwords are all one-way encrypted not allowing your password to be viewed or decrypted.
29/11/2016 15:32 (GMT - London/Lisbon)
For any enquiries, please feel free to get in touch.