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Terms and Conditions

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.

DOMAINS

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.

Contact/Response time.

We aim to respond to customer contacts within 48 hours regarding any issues with domain names.

Domain Abuse

Please report any instances of abuse on any domains we manage to abuse@nexbyte.net

Customer Complaints

Any complaints regarding domains should be forwarded to support@nexbyte.net

Cancellation

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.

Domain Transfers

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.

  

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, it is recommended they remain hosted on Nexbyte Ltd services which will include support whilst hosted on our services.

Please note our Umbraco plugins are licensed to one domain only and cannot be copied and used on another domain.

  

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 your responsibility to test your website enquiry forms from time to time. This is especially important if you have email running externally from our services. Our CMS systems put you in control of email address settings, therefore, making sure you have a current email address set in the CMS system and that you can successfully receive messages is your responsibility. Please note external mail providers may occasionally make changes that could affect the delivery of these messages.

If you find there is an issue with an enquiry form we will endeavour to help you resolve any issues as a priority 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 up-time. 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

Our standard hosting accounts come with up to 5 free email addresses and up-to 5GB storage across your accounts. To save on any additional charges we recommend you create a local data file on your PC to archive older messages - we can send you a link explaining how to do this on request.

If you require more than 5GB total storage for your emails or require more then 5 email addresses you will need to upgrade your account to one of advanced mail packages. Please note our advanced mail hosting packages start at £300+VAT upward depending on the mail storage requirements per account and how many email addresses required.

Please be aware 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 12 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.

We include 5GB of mail storage per hosting account free of charge however if you require more storage than this we will ask you to upgrade to our advanced email package. We don't strictly enforce any of our account limits therefore if you go over 5GB we will not stop any messages arriving but we will be in touch to ask you to upgrade your account or advise you to archive older message onto a folder on your own PC. 

We no longer allow mail account forwarding to Hotmail, GMail or Yahoo - instead if you wish to use either service you will need to configure the service to sync with our servers which will poll any message from your email accounts instead of us pushing them out to either of the respective services.

  

STANDARD WEBSITE CUSTOMERS

When we undertake a standard web design or development project we require a 50% deposit 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. 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. 

For all standard web design projects/ecommerce projects please be aware of the following terms:

  • Whilst any website built by Nexbyte/Nexmedia is hosted within our infrastructure we will endeavour to fix any issues that prevent the website working correctly within 7 working days of being notified of a problem. Please note if the problems are caused by customer error (such as deletion or content that has been added) then we reserve the right to charge for our time where necessary.
  • Websites must remain hosted with us for any ongoing support to remain in place.
  • By paying your deposit invoice you agree to abide by our terms and conditions.
  • Please note any estimated completion time discussed or included on your proposal is an estimate only and can be affected by various external situations.

Please also note that Nexbyte Limited/Nexmedia hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy from content provided by the customer.
  • 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.

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. 

 

BESPOKE DEVELOPMENT CUSTOMERS

When we undertake a bespoke development project we require a 50% deposit 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.

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.

  • We will provide up to 12 months of bug fixes after your site goes live. For the duration of this period we will endeavor to carry out fixes within 7 working days.
  • Any fixes required after the initial 12 months period may chargeable at our standard hourly rate.
  • Any custom software may require upgrading from time to time for compatibility and to keep the software up to date. We will cover any urgent upgrades for the first 24 months however an ongoing support contract will be required if you wish to extend this support further than 24 months. If a support contract is not in place any upgrades to components will be chargeable at our standard hourly rate. 
  • We offer software support contracts with service level agreement for those with mission-critical services or those who require a faster response time.
  • 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 from content provided by the customer.
  • 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.

Please note any estimated completion time discussed or included on your proposal is an estimate 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.   

 

SERVER USE

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.  

  

SERVER CONTENT 

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.

  

PAYMENT POLICIES 

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.


PAYMENT OPTIONS

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.

  
INDEMNIFICATION 

The customer agrees to defend, indemnify and hold harmless NexByte against liabilities arising out of;  (1) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (2) copyright infringement.

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