Cymbiant Hosting

Managed Hosting Terms & Conditions

This document contains Cymbiant Hostings (the "company", "us", "we", or "our") Managed Hosting Terms of Service. Cymbiant Hosting expects its clients (the “customer,” “user,” “you,” or “your”) to carefully read and understand this document.
By doing business with Cymbiant Hosting, you are subject to the following Terms of Service, as well as our Refund Policy available on our website at: http://www.cymbianthosting.co.uk/Terms/.

Cymbiant Hosting reserves the right to modify this agreement anytime at the company's sole discretion. Any modifications made to these Terms of Service shall go into effect immediately after such modifications are published. We will attempt to email all of our clients a copy of this document every time changes are made, but it is ultimately the client's responsibility to make sure they understand and have read our current terms of service for this and other products they may have purchased from us. We will not be held responsible for our clients being unaware of our Terms of Service. An up to date version of this document as well as other legal information can be found at our website: http://www.cymbianthosting.co.uk/Terms/.

By hosting your website with Cymbiant Hosting it is assumed that you have read and agree to all of the following terms and conditions. These terms outline the entirety of the service provided and should make clear what our responsibilities are as your hosting company.

What is Managed Hosting? / Introduction

Managed Hosting by Cymbiant Hosting is a hands-free approach to web hosting. Our developers maintain our clients’ websites running efficiently and perform content updates at their request. Each managed hosting account comes with an allotted amount of development time included with it. Additional time may be purchased as required.

In addition to keeping website content up-to-date and making sure everything runs as it should, Cymbiant Hosting will also provide the client a monthly traffic report within the client are at https://client.cymbiant.co.uk and keep a daily back up of the website and all its files.

Hours of Operation

We are open Monday through Friday from 8:00 AM to 6:00 PM. Outside of this time all issues and support requests should be raised via a support ticket. You can raise a support ticket via your account at https://client.cymbiant.co.uk

Account Payments

Your managed hosting fee can be paid on a month-to-month basis or yearly. If you pay every month, we require that you provide us with valid payment details so your payment can be deducted automatically each billing cycle. Payments accepted are Credit/Debit Card, Bank Transfer, PayPal and Google Checkout.
It is important that we receive your payment promptly to prevent any service interruptions or suspensions. You may update your payment details by calling us on 0844 826 0341 or by raising a support ticket from within your account at https://client.cymbiant.co.uk.

Late Payments

Please know that if your hosting fee payment is late by 28 days or more, a £25 late fee may be applied to your account. Also, it may take up to 48 hours to restore your service from a suspension. If any outstanding balance is not paid in full after 120 days from its due date we reserve the right to terminate your service and erase the account along with all files, email accounts, and other data stored on our server. Any outstanding balance will still be owed to our company and will be subject to legal collection efforts.

Account Specifications

Hosting fees are subject to change without prior notice. Customers with current contracts will not see an increase until the contract ends. Cymbiant Hosting may modify hosting account features and limitations at any time without prior notice.
Hosting account modifications will be effective immediately.

Maintenance Requests & Website Modifications

As part of our managed hosting service, we provide our clients with up to 2 hours development time each month (see packages for time provided). The hours of development time are not accumulative from one month to the next. A client request for modifications or improvements can be anything the client wishes to add, change, remove from their website content as long as the development work time required to complete such modifications does not amount to over the time allowed by the clients package.

Development time is intended for content modifications or additions only; Layout changes, such as redesigning the header or template are excluded. Requests and total work time will be logged by the webmaster on duty. We ask that our clients be reasonable with any requests submitted and understand that in certain cases we may turn down a request if we believe it to be excessive. Clients who wish to have extensive work done on their site may purchase additional development time at a standard hourly rate of £30.00/hr. This hourly rate may be adjusted without prior notice.

Submitting a request for website modifications

In order to let us know of any changes you wish to make to the site, you must submit a support ticket. To submit a ticket, please goto https://client.cymbiant.co.uk and fill out the "Submit Ticket" form. Please provide a detailed explanation of the changes you wish to make and any files needed to perform the changes. We are unable to accept requests by phone.
Please be as detailed as possible when filling out a support ticket so our developers can accurately resolve your issue or perform the modifications needed. Support tickets will be reviewed and responded to within 4 hours. Depending on the amount of time needed to resolve the ticket, we may need additional time after we review the ticket to fulfill your request. You will be notified by email when your ticket has been resolved.

Email Service

Customers may not use Cymbiant Hostings services to send unsolicited commercial e-mail (UCE, also known as 'Spam'). Cymbiant Hosting will block the mail services of any customer found to be sending such mail.
Customers may not have "open mail relays". Cymbiant Hosting will close the relay or connection of any customer found with an open mail relay.
Opt-in mailing lists are allowed, where it can be proved that subscribers did opt-in and that a suitable opt-out mechanism is available.
If Clients have not logged into any mailbox provided by Cymbiant Hosting within a 6 month period this may result in the deletion of the mailbox.

Backup Service

We perform a daily backup of your website and all contents inside your user folder on our server. This includes, emails, pictures, videos and any other data stored and hosted by us. This is meant as a security precaution in the unlikely event that our server should crash or our hard drives were irreparably damaged. This simply means your data is safe.
You will most likely never lose any files, and if anything ever happened to your website we could restore it from a backup. Please know that we offer this backup service as a preventive measure in case there is a problem with the server. If you require restoration of your website for any other reason, such as unintended changes made by you to the website, a restoration fee of £50.00 +Vat will be applied to your account. We cannot guarantee the success of a restoration due to the complexity of the process. We wish to stress that this should only be thought of as a last measure and not a routine solution. Please see 'Data Loss' for more information.

Data Loss

Although we keep a daily backup of your account, there is always a risk for potential data loss or damage. In the unlikely event of a natural disaster for instance, such as an earthquake or a flood, your files may be lost and your website may go offline. We will not be held responsible for data lost, any website downtime, or loss of potential business.
Once again, please know that while we have many systems in place to prevent any permanent damage or loss of your website and its files, there is always a small risk that is beyond our control.

Downtime & Server Maintenance

In order to keep things running smoothly, we regularly work on the server and perform updates and installations as needed. We understand how important it is to prevent downtime and service interruptions, which is why we do our best to ensure minimal impact to our clients. We generally will only perform routine maintenance after midnight and will place notices of any work on our status page (https://client.cymbiant.co.uk/networkissues.php) as well as emailing you if we think your website will experience any downtime or be affected in any way.
If you experience any issues or unusual load times while accessing your website or email please get in touch with us so we can look into the problem. We take the reliability of our services very seriously and strive to answer your support tickets within 4 hours.

Service Cancellation & Website Transfer

You may cancel your managed hosting service at any time. Once we process your cancellation request, you will be given 14 days to copy all of your files from our server so that we may remove them. Your account and all its files will be permanently removed once the 14-day period ends. You will be provided with FTP login details so that you can transfer all files belonging to your website. Email messages and other data not found inside your website folder that you wish to transfer will be provided. Any MySQL databases associated with your account will be made available for download as well.
Please know that aside from making all of your data available to you so that you can download it, we will not assist in transferring your website to another server, reinstalling any services, or reconfiguring any scripts or other files. We will simply make everything available to you, we will not transfer the website on your behalf. If you need help transferring your website we may do it for you at an hourly rate of £30 +Vat .

We reserve the right to cancel and terminate your account for any of the following reasons: Misuse of service, delinquent account status, inappropriate website content or other unacceptable activity, and in the event that we should decide to discontinue our managed hosting service. If we decide to cancel your account you will be informed and given FTP login details so that you can save your files onto another location. You will be given 30 days to transfer your data and be provided with a full archive of your website, its databases, email accounts and other files. We will not assist in transferring the files or reconfiguring your website to run on an external server. Your account and all its files will be permanently removed once the 30-day period ends.

Refunds

We have a no refund policy on hosting and related services outside of our 30 Day Money Back Guarantee.
All sales are final. Please see our Refund Policy available on our website at the following address: http://www.cymbianthosting.co.uk/Terms/.

The Money Back Guarantee is limited to the cost of hosting and does not include costs incurred for any domain name(s) registered for the Customer nor any Development work carried out during the Money Back Guarantee Period,

Account Confidentiality & Security

In order to keep your website and account information secure we may ask you to verify account details to prove your identity. If someone who is not presently listed on the account profile calls regarding your account, we may deny them access until we can contact you to make sure this person is allowed to manage the account.

Acceptance

Please note that by paying your initial hosting fee you are agreeing to all of our terms of service as written here. Cymbiant Hosting reserves the right to change or update these terms at any time without prior notice. Changes made to these Terms of Service shall be effective immediately.

Miscellaneous

This Agreement, and all disputes and claims arising out of or in connection with it, shall be governed by the laws of England & Wales. The Customer irrevocably and unconditionally agrees with Cymbiant Hosting that the English courts shall have exclusive jurisdiction over all such disputes or claims arising hereunder.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Revised and effective: January 9th, 2010.