Nexbyte/Nexmedia Terms & Conditions
Nexmedia is a trading name of Nexbyte Ltd - company number 5646254
Nexbyte Ltd, 2 Neptune House, Nelson Quay, Milford Haven, Pembrokeshire, SA73 3BH
NexByte Limited is hereafter referred to as "NexByte"
By paying your invoice, logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions. We reserve the right to update and amend our Terms & Conditions from time to time.
Although our core business does not include reselling domains we can register domains and manage them for you if you prefer not to handle this yourself. We normally bill in advance for domain renewals however in some cases we may bill in arrears for domains. For any domains registered through Nominet on our NEXBYTE Tag, we will include a link to Nominet Terms & Conditions within your PDF Invoice.
We aim to respond to customer contacts within 48 hours regarding any issues with domain names.
Please report any instances of abuse on any domains we manage to firstname.lastname@example.org
Any complaints regarding domains should be forwarded to email@example.com
Please note it is your responsibility to send us cancellation notice in writing (via email) to cancel any surplus domains. If we do not receive cancellation in writing (via email) we reserve the right to bill for the entire period that the domain has been registered and renewed by us.
Our standard domain transfer fee is £30+VAT per domain however if your account is in arrears we will not release any domains until the entire balance has been cleared. We may also re-point the DNS servers at our accounts page until a settlement has been received in full.
WEB DESIGN AND DEVELOPMENT WORK
When we undertake a web design or development project we require a 50% deposit in advance - with smaller jobs under £500 we may take the whole amount in advance. Once any design work / initial consultancy has been approved or sent back for amends by yourselves or any agents acting on your behalf this deposit becomes non-refundable to cover our costs. By paying your deposit invoice you agree to abide by our terms and conditions, this will be clearly stated on your deposit invoice.
Nexbyte Limited/Nexmedia hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy
- Loss or damage caused by omission
- Loss or damage caused by delay or error in the production of the website.
- Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
Completion times on proposals are estimated only and can be affected by various external situations.
The entire liability of Nexbyte Limited to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
INTELLECTUAL PROPERTY RIGHTS
On request, we are normally willing to grant the rights to use any graphics and layouts we produce for our customers elsewhere. Any software, systems, plugins either bespoke, for Umbraco or nopCommerce used or created by Nexmedia will, however, remain the intellectual property of Nexbyte Ltd. In the case of our most recent Umbraco plugins, these must remain hosted on Nexbyte Ltd services and are licensed to one domain only.
WEBSITE HOSTING TERMS
NexByte reserves the right to suspend or cancel a customer's access to any of the systems detailed above when NexByte decides that the account has been inappropriately used or otherwise. Although this will only be in extreme cases we reserve the right at any time to access, amend, remove or delete any or all data stored on our servers without your prior consent. When your account is closed, all data can be deleted. In the event of abuse, we reserve the right to cancel your account at any time without notice. To protect your privacy we never distribute your name or e-mail address to any third parties, unless instructed to do so by order of a Court.
In the case of websites built by Nexbyte we will endeavour to resolve any issues with your website same day once notified of a problem. We cannot, however, be held responsible for any losses incurred from issues with your website or any contact forms that have not been reported to a member of Nexbyte staff.
We will endeavour to resolve any issues within 48 hours wherever possible for any websites built elsewhere but hosted by us once reported to a member of Nexbyte staff.
WEBSITE ENQUIRY FORMS
It is recommended to test your website contact forms from time to time especially if you have email running externally from our services. External providers may occasionally make changes that could affect the delivery of these messages. We will endeavour to resolve any email enquiry from issues within 24 hours of being notified.
OUR SERVERS, SECURITY AND SERVER PATCHING
All of our web servers run in an enterprise-grade clustered cloud computing environment ensuring maximum uptime. Due to the clustered environment, we endeavour to achieve 99.99% uptime at all times. We use private networks, firewalls and VPN features to defend your data and applications from malicious attack. With daily snapshots images of our servers, in addition to external offsite backups of websites and databases, we ensure that we can safely restore your services at any time in the event of an emergency. Our servers are all running current (Microsoft supported) operating systems. Our servers are upgraded on a regular basis to ensure cutting-edge performance and we always ensure the latest patches have been applied as soon as they are released.
EMAIL SERVICES AND EMAIL PASSWORD SECURITY
You are responsible for ensuring that you have a secure email password. Nexbyte will not be held responsible for any losses incurred if someone is to access your email due to insecure passwords. We encourage all customers to use at least 8 characters with a mix of upper and lowercase combined with symbols. If we detect an account being abused we reserve the right to disable the account with immediate effect. In this case, we will contact you as soon as possible and help you to reset your password and get your account back up and running as quickly as possible.
Please note we have seen a growing number of attempts to access email accounts with simple non-secure passwords and we ask all of our customers with concerns about their passwords to contact us for details on how to change their email passwords.
With the increased use of IMAP, we do also suggest that our customers also set up a POP account on at least one local device so they have a backup of all of their emails on a local machine.
We include 10GB of mail storage per hosting account - if you require more storage than this we will ask you to upgrade to our advanced or enterprise email package. We don't enforce any of our account limits therefore if you go over 10GB we will not stop any messages arriving but we may be in touch to ask you to upgrade your account.
SOFTWARE DEVELOPMENT CUSTOMERS
At the point of build any web-based applications will be built according to the latest browser technology at that time and when specifically requested by the customer may cover older browser technology such as IE 5.0/6.0 which we no longer support.
Any project agreed will only include items detailed in the main brief/proposal (this will be a PDF) provided to the customer prior to payment of the 50% deposit invoice. Any additional wishlist items requested by the customer cannot be included in the price quoted. If we decided to provide any extra services not detailed in the initial brief any support or fixes on these items will not be included under our support terms below and may be chargeable.
For all custom software project we provide the following guarantee:
- We will provide up to 12 months of bug fixes after your software goes live. We will endeavor to carry out fixes within 7 working days.
- We will provide up to 24 months of bug fixes however after the first 12 month period these will be addressed within 14 days.
- We offer software support contracts with service level agreement for those with mission-critical services or those who require a faster response time.
Accounts are to be used by the primary owner only - you are not permitted to resell, store or give away web-hosting services to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's website. You must not divulge your username or password to any other person, and you should take reasonable precautions to ensure that other people do not discover it.
NexByte does not allow any of the following content to be stored on its servers:
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of NexByte.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also, includes any sites which provide "links to" or "how to" information about such material.
Gaming websites - Includes pirated software, software downloads etc., and encrypting of any of the above.
HIGH RESOURCE USAGE POLICY
Resources are defined as bandwidth and/or processor utilization. NexByte may implement the following policy to its sole discretion:
When a website is found to be monopolising the resources available NexByte reserves the right to suspend that site immediately. Where possible we will move this to a spare dedicated server, however, we will contact you to renegotiate terms if this is the case. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers and to protect our other customers.
All accounts are set up on a prepay basis. Although NexByte/NexMedia reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be invoiced again prior to the end of their prepay period unless closure notification has already been given (30 days prior to the renewal date).
Should a pre-pay account goes more than two days overdue we reserve the right to suspend service pending payment. NexByte also reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request to our registered office.
If you require a restore of your website data for your own records from our backup archive due to account suspension there will be a restore charge of £120+VAT. If however payment is made and the service is to continue we will restore your service free of charge. Backups of your site data will only be held for 60 days following suspension of services.
All payments are in UK sterling.
Fast Pay/BACS: This our preferred payment method - the details will be included on your invoice. If you pay by BACS please ensure that you make payment at least 3 working days prior to your renewal date to avoid termination of services.
Credit/Debit Cards: NexByte accepts MasterCard, Visa (not Visa electron), Switch and Solo.
Cheque Payment: NexByte cannot guarantee that a service will be provided until any received cheques have been cleared - please make sure we receive any cheque payments at least 5 working days prior to your renewal date to avoid termination of services.
Standing Order: For any rented systems paid monthly or annually.
CANCELLATION AND REFUNDS
Cancellation of services must be given in writing one month prior to the next renewal date. The renewal date will be stated on your previous invoice and it is your responsibility to send us written notice 30 days prior to the renewal date. Should we not receive written notice we will renew your contract and you will be liable for the full amount. No refunds will be given unless the cancellation falls within the terms of NexByte's Money Back Guarantee (see below).
No refunds will be provided on any pre-pay package renewal canceled after the renewal date on the invoice.
NexByte reserves the right to cancel the service at any time. In this event, customers will be entitled to a pro rata refund based upon the remaining period of service. If a customer contravenes NexByte's terms of service a refund will not be issued in the event of a cancellation.
Money Back Guarantee: New customers may cancel any standard hosting package within fourteen days of their account creation date and be entitled to a full refund except in the following circumstances: Customers will not be entitled to a refund if they have previously had an account with NexByte; if an account has previously been created at the same postal address; if data transfer has exceeded 1GB within the fourteen day refund period; if the product type has been changed within the first fourteen days; or if more than one product of the same type has been ordered within the first fourteen days. In addition, the Money Back Guarantee does not apply to Domain Name Registration, Rented systems as detailed above, Web Forwarding, Reseller Accounts/Reseller Hosting Products, SQL Database Hosting, Dedicated Servers or any admin or upgrade fees. To request a refund under the terms specified above send a letter to NexByte's accounts department with the following information: NexByte Account code; transaction ID; value of transaction; credit card number used to make the purchase. This letter must be signed by the account holder.
All other fees charged are non-refundable.
The customer agrees that it shall defend, indemnify, save and hold NexByte harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against NexByte, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by Nexbyte. The customer also agrees that it shall defend, indemnify, save and hold Nexbyte harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Nexbyte for any product sold by the customer, its agents, employees or assigns through any website developed/designed by Nexbyte.
The customer agrees to defend, indemnify and hold harmless NexByte against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with NexByte's servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products or services sold to customer from NexByte's servers.