Terms and Conditions

24 Neptune House, Nelson Quay, Milford Haven, Pembrokeshire, SA733BH

NexByte Limited is hereafter referred to as "NexByte".

NexMedia is a trading name of NexByte Ltd.

By paying your invoice, logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions. 

TERMS OF SERVICE 

STANDARD HOSTING CUSTOMERS

NexByte provides either Internet (Web) hosting or rented systems and email services to its' customers. NexByte reserves the right to suspend or cancel a customer's access to any or all services provided by NexByte when NexByte decides that the account has been inappropriately used or otherwise. 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 files (including web pages, etc.) will be deleted. 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.

RENTED SYSTEMS

NexByte/NexMedia provide rented systems to various customers and these systems include:

• NexCommerce
• NexBook
• SiteManager Pro - this has superseeded both of the above.

If you have one of the above "rented" systems your invoice will state "Software Rental" or "System Rental" - you pay rental for access/use of the product however do not own the system itself. These products cannot be run on any other hosting and will not be released in any form to any other hosting company. You do however own any graphics designs and CSS generated by NexByte/Nexmedia and these can be provided on disc for a nominal fee however none of the software products detailed above can be taken elsewhere.

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. In these 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. 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.

SOFTWARE DEVELOPMENT CUSTOMERS

At 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. 

For customers that opt to carry out their own testing to reduce their costs:

• We will provide upto 6 months of bug fixes after your software goes live. We will endeavour to carry out this work same day or next business day wherever possible.
• We will provide upto 12 months of bug fixes however after the first 6 month period these will be addressed within 14 days.
• We offer software support contracts with service level agreement for those with mission critical services however these are normally combined with dedicated hosting services.

For customers that opt for us to carry out system testing:

SERVER USE 

Personal accounts are to be used by the primary owner only. Personal account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. 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. Customers may however resell our Reseller packages. NexByte reserves the right to refuse service and/or access to its servers to anyone.

BACK-UPS 

ALL SQL Server accounts are backed three times daily and can be restored on request for a fee of £50 plus VAT. 

If the issues requiring data restore are caused by the customer  then the above fee will be applicable however if the issues are due to hardware failure or any work we are carrying out then restore of data will be carried out free of charge

SERVER CONTENT 

NexByte do 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. 

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 one month prior to the end of their prepay period unless closure notification has already been given. 

Should a pre-pay account go more than severn days overdue we reserve the right to suspend service pending payment. In addition, NexByte 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. 

All payments are in UK sterling 

PAYMENT OPTIONS 

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 after any received cheques have been cleared. 

Standing Order:  For any rented systems paid monthly or anually.

CANCELLATION AND REFUNDS 

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. 

Customers may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled. No refunds will be given unless the cancellation falls within the terms of NexByte's Money Back Guarantee (see below). 

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 2000 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 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 or any product sold by customer, its agents, employees or assigns. 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.