These Terms and Conditions act as a fully binding agreement between PrimeXeon Limited (“PrimeXeon”) and each of its customers (“Customer”). The Acceptable Use Policy and Customer Support Policy form integral parts of our Terms and Conditions, and acceptance of these terms implies acceptance of the contents of those policy documents also.
By using any product or service provided by PrimeXeon, the Customer is agreeing to these terms.
1.1 The Customer Support System (“The Client Area”) is located by logging in with your customer account details at at: http://www.primexeon.com/clients.
1.2 PrimeXeon shall primarily communicate with Customer through The Client Area, and/or by electronic mail to the contact e-mail address as specified by Customer within The Client Area.
1.3 Notice of any events or changes involving Customer’s service or this agreement shall be considered given at the time that such notice is posted in a prominent location within The Client Area, or is sent by e-mail to Customer.
1.4 PrimeXeon will never sell or disclose Customers’ contact information or customer lists to any third party, unless required by law or specifically authorised by Customer.
1.5 All customers must maintain the accuracy of their contact information within The Customer Area. Failure to do so may result in suspension of service. PrimeXeon is not responsible for any inability by Customer to access or use The Client Area.
1.6 In order to provide the best level of customer service, some calls may be recorded.
1.7 PrimeXeon may make changes to these Terms of Service at any time, and such changes will take effect thirty (30) calendar days after notice of the changes is given to Customer.
1.8 If Customer does not agree with these Terms of Service, Customer must discontinue use of their services immediately and contact PrimeXeon to cancel their account.
2. Acceptable Use and Refusal of Service
2.1 PrimeXeon reserves the right to refuse or terminate service to anyone, at any time and for any reason, including but not limited to violation of PrimeXeon’s Acceptable Use Policy.
2.2 Should PrimeXeon terminate Customer’s service for a reason other than violation of the Acceptable Use Policy, PrimeXeon will issue Customer a refund for the remaining paid period of service.
2.3 Under no circumstances is PrimeXeon responsible for any damages resulting from termination of service.
3. Payments, Pricing and Cancellation
3.1 Payments are due as advised to Customer and PrimeXeon usually dispatches automated e-mail invoices for monthly services fourteen (14) calendar days prior to the payment due date.
3.2 A reminder will be sent one (1) day before the due date if payment has not already been received.
3.3 If cleared payment is not received by three (3) calendar days after the due date, some or all of the Customer’s services may be suspended, and may incur a £10.00 reactivation fee at PrimeXeon’s discretion.
3.4 Hosting accounts may be deleted if they have spent fourteen (14) or more calendar days in a suspended state.
3.5 Onsite work where distance from our offices is greater than a twenty (20) mile round trip mileage surcharges may apply on top of the hourly rate.
3.6 Customer may cancel an account or service at any time, but is responsible for fees remaining.
3.6.1 For month-to-month billing, Customer is responsible for the current month’s charges.
3.6.2 For annual billing, Customer must notify us thirty (30) calendar days before renewal date if they wish to cancel.
3.6.3 Prepaid accounts are not refundable if Customer chooses to terminate the account before the paid period has expired.
3.6.4 It is the Customer’s responsibility to manage their own PayPal subscriptions. Any overpayment will be added to the Customer’s account as credit for future purchases from PrimeXeon.
3.6.5 For dedicated servers and Virtual Private Servers (VPS), You must inform us at least ten (10) working days before your billing date if you intend to cancel, else the following month’s charges will still apply.
3.6.6 Website management services are usually tied to a twelve (12) month contract and as such you may cancel at any time but a final invoice will be raised for any months outstanding.
3.7 If any invoice or portion thereof is disputed, the invoice must still be paid in full by the due date. Any credits issued in resolution of the dispute will be applied to the subsequent month’s invoice.
3.8 If payments are still not received after forty-five (45) days of the invoice generation date, we reserve the right to contact debt collection agencies to recover the owed amount, if this is the case an additional £50 minimum will be added to the invoice to cover the legal fee’s encountered in the process.
3.9 PrimeXeon may modify account or service pricing at any time. Increases will take effect seven (7) calendar days after notice has been provided to Customer. Customer may choose to cancel the account or service to avoid a price increase. Such price increases will not affect the pricing for any account originally purchased under a ‘guaranteed price for life’ special offer, so long as the account in question has never been in a suspended state due to late payment.
3.10 Any goods or services supplied on credit will remain the property of PrimeXeon until payment has been made with specific terms agreed.
3.11 Payment forms currently accepted by for payment of goods include cheque, cash, payment through our secure payment gateway for online payments, or else by means of cleared funds (BACS, CHAPS or Bankers Draft) or deposit of cleared funds in our bank account with shipment only on confirmation from our bank unless pre-arranged.
3.12 Any failed Direct Debit payments will incur a £10+VAT administration charge.
4. Website Development Specific Payment Terms
4.1 A non-refundable deposit of at least 50% of the total order value is required prior to work commencing.
4.2 The remainder should be paid no later than 30 days after the work is complete. Any bug fixes or minor improvements are covered in your website management contract and should not give cause to with hold payments.
4.3 If the customer fails to make on the due date, then without prejudice to any right or remedy available, PrimeXeon will be entitled to cancel the contract or suspend any further deliveries, or suspend any services to the customer.
5. Domain Names
5.1 Domain names are charged in 12 (twelve) month periods and our current pricing can be found here.
5.2 Customer will receive a notification and invoice (if auto-renew is enabled) 30 (thirty) days before the domain name is due to expire. Once the Customer pays this invoice, the domain name will be automatically renewed.
5.3 If the Customer fails to make the payment before the domain name expiry date, the registration will be suspended and services on that domain (including email and website hosting) may stop working. If a Customer fails to make the payment after 30 (thirty) days after the domain has expired, a fee of up to £100 (plus VAT if applicable) will be charged to recover the domain name.
5.4 The Customer can also renew a domain name in our Client Area.
5.5 If the Customer wishes to transfer their domain name away to another provider, a fee of £10 (plus VAT if applicable) will be charged to administer this transition.
5.6 All UK domain names (including .co.uk, .uk, .org.uk) are subject to Nominet’s Terms and Conditions which can be downloaded here.
6.1 Customer is responsible for complying with all applicable laws of any countries from which Customer uses the Internet to communicate, and applicable laws in force at the location of the server on which his accounts are hosted (details of exact location are available on request from PrimeXeon) and additionally all applicable laws in force in the United Kingdom of Great Britain and Northern Ireland.
6.2 Customer may not participate in or support any illegal activities through the use of their service.
6.3 PrimeXeon does not control the content of network traffic to or from their services or network.
7.1 PrimeXeon’s services are provided as-is, and are to be used at Customer’s own risk.
7.2 PrimeXeon provides no warranties of any kind, expressed or implied, including warranties of salability or fitness for any particular purpose.
7.3 PrimeXeon is not responsible for hardware or software damage, loss of wages or data, or any other financial or personal loss resulting from the use of, or inability to use, the service. Any liabilities are strictly limited to the amount of the fee(s) paid for services rendered.
7.4 Customer is responsible for all actions taken or caused to be taken in Customer’s use of the service. As a condition of service, Customer agrees to indemnify and hold harmless PrimeXeon’s officers, employees, agents, and associates from any cause of action originating from use of the service.
7.5 Any customer we provide SEO services to automatically accept our SEO Disclaimer found here.
8. Security, Back-Ups, and Support
8.1 Due to the insecure nature of much of the global Internet, PrimeXeon strongly suggests that credit card numbers or other personal information never be sent through e-mail or any other Internet service, unless proper encryption is used. Customer is fully liable and responsible for the security and integrity of their own services.
8.2 PrimeXeon will not be held liable for any security breaches that may occur. Customer agrees to fully indemnify and hold harmless PrimeXeon from any legal or financial claims that may result from a breach in the security of Customer’s services.
8.3 PrimeXeon is not responsible for Customer’s data held on their servers. Customer is responsible for maintaining their own back-ups of their data in case of data loss from PrimeXeon’s servers. We keep daily backups of the server and it’s accounts for emergency recovery only. If you require data recovering from our backups for a non-emergency situation, we can provide this service at a cost of £100 per hour it takes to recover, with a minimum charge of one (1) hour and we can’t guarantee we will be able to recover all the information you may require.
8.4 PrimeXeon.com guarantees a response of less than 24 hours to support tickets. But, under normal circumstances, this wait will be significantly shorter.
8.5 If any portion of this agreement is found to contradict applicable laws, the remaining portions will remain in full force. Any and all disputes regarding or resulting from this agreement will be governed by the laws and courts of the United Kingdom of Great Britain and Northern Ireland.