Web Hosting , Website Hosting Company AndiHosting UK

Terms & Conditions

Service Agreement
Ban Policy
Auto Renew Policy
Privacy Policy
Refund Policy
Complaints

Service Agreement

This Agreement ("Agreement") is between AndiHosting and the person (individual or legal person) who signs AndiHosting order form ("Order") incorporating this Agreement by reference ("Customer").
This Agreement governs Customer's use of Andihosting Web Hosting and/or related services.

1. Services
Subject to the terms of this Agreement, and contingent on Customer's satisfaction of AndiHosting credit approval requirements, AndiHosting agrees to provide Customer with web hosting and / or related services selected by Customer from AndiHosting then published list of services ("Services") and as described in the Order, for the fees stated in the Order.

The Services to be provided initially to Customer shall be as selected in the Order and thereafter as established through correspondence between Customer and AndiHosting.

2. Term
The initial term of the Agreement shall begin on the date that AndiHosting generates an order confirmation e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term").

However, no service shall commence unless and until AndiHosting receives and accepts a completed Order from Customer, plus payment in full for Services to be rendered during the Initial Term and any set up charges.

AndiHosting reserves the right to reject any submitted Order for any or no reason prior to written acceptance thereof by AndiHosting.

Upon order being accepted, customer will be subject to at least a 30 day commitment, Which if any cancellation has been requested during this time full payment is required for all service. (Please see individual products terms & conditions also) A separate invoice can be generated in this case ask your account manager for further details.

Upon expiration of the Initial Term, this Agreement shall automatically renew for successive terms of the same length as the Initial Term ("Renewal Term") unless AndiHosting or Customer provides the other with written notice of non-renewal at least fourteen (14) days prior to the expiration of the Initial Term or then current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."

3. Payments
Fees
All fees for Services rendered or provided to Customer shall be in accordance with AndiHosting prices.

Customer's billing cycle shall be monthly, quarterly, annually or biennially as indicated on the Order, beginning on the Service Commencement Date. AndiHosting may require payment for the first billing cycle before beginning service. Fees for the Renewal Term are payable seven (7) days in advance of each billing cycle.

If the Order provides for credit / debit card billing, Customer authorises AndiHosting to bill subsequent fees to the credit / debit card before, on or after the first day of each successive billing cycle during the Term of this Agreement otherwise AndiHosting will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order.

Payments must be made in Great British Pounds. Customer is responsible for providing AndiHosting with changes to billing information (such as credit card expiration, change in billing address). You should also update your Paypal details.
Payment in full of such invoiced amount is due upon receipt of the invoice. Should payment in full of any invoice not be received, AndiHosting may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. In addition AndiHosting may terminate this Agreement and / or suspend Services without notice if payment for Services is overdue.

Fees not disputed within thirty (30) days of due date are conclusively deemed accurate. Customer agrees to pay AndiHosting reasonable reinstatement fee following a suspension of service for non-payment, and to pay AndiHosting reasonable costs of collection of overdue amounts, including collection agency fees, legal fees and court costs.

Fee Increases
AndiHosting may amend the Services and / or the fees it charges for Services by giving at least fourteen (14) days notice to Customer, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee and for any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

Taxes
At AndiHosting request Customer shall remit to AndiHosting all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on AndiHosting) regardless of whether AndiHosting fails to collect the tax at the time the related services are provided.

Early Termination
Customer acknowledges that the amount of the fee for Services is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event AndiHosting terminates the Agreement for Customer's breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for AndiHosting breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due seven (7) business days following termination of the Agreement.

4. Law / AUP
Customer agrees to use the services in compliance with applicable law and AndiHosting Acceptable Use Policy (the "AUP"), which is hereby incorporated by reference in this Agreement.

Customer agrees that AndiHosting may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services.

Amendments to the AUP are effective on the earlier of AndiHosting notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment.

Customer agrees to cooperate with AndiHosting reasonable investigation of any suspected violation of the AUP. In the event of a dispute between AndiHosting and Customer regarding the interpretation of the AUP, AndiHosting commercially reasonable interpretation of the AUP shall govern.

5. Customer Information
Customer represents and warrants to AndiHosting that the information he, she or it has provided and will provide to AndiHosting for purposes of establishing and maintaining the service is accurate.

If Customer is an individual, Customer represents and warrants to AndiHosting that he or she is at least 18 years of age, and AndiHosting reserves the right to ask for proof of age (in the form of a valid passport or photo driving licence) and to carry out checks to verify the information provided.

AndiHosting may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.

6. Indemnification
Customer agrees to indemnify and hold harmless AndiHosting, AndiHosting affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

7. Disclaimer of Warranties
CUSTOMER AGREES TO USE ALL ANDIHOSTING SERVICES AND ANY INFORMATION OBTAINED THROUGH OR FROM ANDHOSTING AT CUSTOMER’S OWN RISK.
ANDIHOSTING DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW AndiHosting DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

8. Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF AndiHosting AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

9. Suspension / Termination
Suspension of Service
Customer agrees that AndiHosting may suspend services to Customer without notice and without liability if: (i) AndiHosting reasonably believes that the services are being used in violation of any Terms and Conditions or the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) AndiHosting reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay AndiHosting reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

AndiHosting operate a Banned Services Policy in the instance of a chargeback or misuse of a AndiHosting product or service.

Termination
The Agreement may be terminated by either party, without cause, by giving the other party fourteen (14) days prior written notice.

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if AndiHosting fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail.

The Agreement may be terminated by AndiHosting prior to the expiration of the Initial Term or any Renewal Term without liability as follows:

without notice if Customer is overdue on the payment of any amount due under the Agreement;

if Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within ten (10) days of a written notice from AndiHosting describing the violation in reasonable detail;

without notice if Customer's service is used in violation of a material term of the AUP more than once, or
upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement.

Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

If a domain name is transferred or cancelled within the first 2 years of registration, an administration fee of twelve pounds ninety-nine pence (?12.99) excluding VAT will be charged. The transfer or change of handle / tags will not take place until payment has been received in full.

10. Requests for Customer Information
Customer agrees that AndiHosting may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that AndiHosting believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

11. Back Up Copy
Customer agrees to maintain a current copy of all content hosted by AndiHosting notwithstanding any agreement by AndiHosting to provide back up services.

12. Changes to AndiHosting's Network
Upgrades and other changes in AndiHosting network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. AndiHosting reserves the right to change its network in its commercially reasonable discretion, and AndiHosting shall not be liable for any resulting harm to Customer.

13. Notices
Notices to AndiHosting under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

14. Force Majeure
AndiHosting shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond AndiHosting control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, theft, destruction, terrorist activity, acts of God or other events of a magnitude or type for which precautions are not generally taken in the industry.

15. Governing Law
The Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be brought exclusively in English courts located in England. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum. The Customer is deemed to have agreed to this Agreement, when commencing use of any of AndiHosting services.

16. Miscellaneous
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer / employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority.

AndiHosting reserves the right to amend this Agreement and the AUP and Customer shall be bound by any such amendments. Customer shall have the obligation to periodically visits AndiHosting’s website to review the AUP and make certain Customer is in full compliance therewith. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern.

The terms on Customer's purchase order or other business forms are not binding on AndiHosting unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not.

The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement.

There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without AndiHosting prior written consent. AndiHosting approval for assignment is contingent on the assignee meeting AndiHosting credit approval criteria. AndiHosting may assign the Agreement in whole or in part.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.

The Customer is deemed to have agreed to this Agreement when commencing use of any of AndiHosting’s Services.

Ban Policy

AndiHosting operate Banned Services Policy in the instance of a chargeback or mis-use of a AndiHosting product or service

If a customer requests a chargeback on a AndiHosting Web Hosting package, E-commerce package or Dedicated Server the service will be cancelled and customers will no longer have access to control panels and any associated websites will be taken down.

If a customer requests a chargeback on a AndiHosting Domain Name the Domain Name will be banned and customers will no longer have access to control panels and any associated websites will be taken down.

To release a banned Domain Name a customer must pay a £80 inc. VAT release fee and sign an agreement preventing further chargebacks and mis-use of AndiHosting products or services.

Auto Renew Policy

AndiHosting operate an Auto Renewal Policy on all products and services, which is designed to ensure continuity of service.

Customers can opt out from Auto Renewal or manage their Auto Renewal settings for individual or all AndiHosting products and services via their Account Control Panel.

For customers with Auto Renewal active, fees for the Renewal Term are payable seven (7) days in advance of the contract expiry date.

As per the AndiHosting Cancellation Policy customers wishing to cancel their Auto Renewal must do so, in writing (using the Cancellation Queue in the AndiHosting Ticket System) at least 14 days prior to the contract expiry date.

Any Auto Renewal notification emails will be sent to the email address which is held at that time for the customers account, so it is important that customers ensure their contact and billing details, specifically their email address is up to date.

To ensure services are renewed via Auto Renewal, customers must ensure that their contact and billing details are updated at all times. Customers updating Credit/Debit Card details must be aware that they will be at risk of losing services if details are not updated before the day services are scheduled to expire. AndiHosting cannot be held responsible for loss of a Domain Name if the Auto Renewal is cancelled or a customers contact and billing details are not up to date, therefore preventing the Auto Renewal from taking place.

Auto Renewal of AndiHosting services is excluded from the AndiHosting 30 Day Refund Policy as it is the customers responsibility to cancel services, in writing, 14 days prior to the contract expiry date.

If you have any problems with or enquiries about our Auto Renewal service, please contact our Billing Team. you can submit a ticket at all times.

Privacy Policy

When you sign up for our service, we will ask you to provide contact information such as your name, address, telephone numbers, e-mail addresses, and payment information such as credit card number and expiration date.

We may ask you to complete user surveys, and to provide certain demographic information, such as age, gender, special interests, etc. You do not have to provide this type of information to use our service if you do not want to.

If you contact us for customer support, we may also ask you for information about your operating system, software and other technical matters.

When you visit our website we will capture your IP Address, time of and duration of visit, and time and duration of the pages on our website that you view. We may tie this information to the personally identifiable information we have about you.

We will also place a cookie that will identify you to us as a repeat visitor or a customer when you visit our website. See below. We may tie this cookie to the personally identifiable information we have about you.

When we send you an e-mail, we may include a marker that will allow to identify e-mail that is opened and viewed.

Use of Personally Identifiable Information

We will use your personally identifiable information only as follows:

For payment purposes and to provide customer support;

To announce special offers or provide other information from time to time via e-mail. We may also send e-mail announcing special offers by our third parties, but we will not provide the third parties with your e-mail address or other personally identifiable information. If you do not wish to receive these e-mails, you may opt out of future e-mails at any time by following the instructions included in the e-mail;

To improve our service and the marketing of our service. For example, we may use the information we gather from user surveys, demographic data, and web site visits to help us improve or target our website and customize your visit.

We will not provide any personally identifiable information about you to any other person other than:

A law enforcement or regulatory agency at their request;

A person or company who acquires our business;

Third parties who perform services on our behalf (such as payment processing), subject to the third party agreeing with us that it will keep your personally identifiable information confidential;

To the parent, associated and subsidiary companies of AndiHosting Group.

To our affiliates, or as otherwise needed to protect or enforce our rights or the rights of others.

We absolutely do not transfer or sell your information for inclusion on third party e-mail or other marketing lists.

Use of Non-Personally Identifiable Information

We may share aggregate statistical data about our customers with third parties, such as advertisers or suppliers. This aggregate statistical data will not identify you personally.

Security of your Information

We store your personally identifiable information and payment information on a databases located in the UK, and in full compliance of the Data Protection Act. All data such as card numbers are encrypted and we will take reasonable security measures to protect your personal identifiable data in our databases.

Children's Privacy

Our service is not available to persons under the age of 18, and we will not intentionally maintain information about anyone under the age of 18

What is a Cookie?

A "cookie" is an alphanumeric identifier that is unique to your browser. The cookie will identify your browser to us when you visit our website so that we may customise your visit.

Complaints

The AndiHosting complaints procedure has three stages, which are detailed below. We aim to resolve the majority of complaints at stage one, but if you remain unhappy you may take your complaint to the second or third stage.

Stage One

Please contact the supervisor of the department your complaint relates to. This can be done by.
Once you have outlined the problem, we will:

Try to deal with the complaint on the spot where it is straightforward and easily resolved. We will also ensure that we investigate what led to the complaint to see whether there are any actions we can take to avoid a similar problem arising again.

For more complex complaints, we will carry out a thorough investigation and where we have made a mistake, we will try to put it right. We will advise you of any conclusion that will be used to improve our service.

Where we have to seek further information on a complaint we will advise you when a response can be expected, if for any reason the complaint can not be addressed within the given time period.

Where the complaint is about something outside our control, we will advise how the issue can best be taken up and with whom if we can.

Stage Two

If you are unhappy with the response you have received at stage one, you can go to the next stage of the complaints procedure and refer your complaint to the relevant senior manager. In order to ensure that your complaint is now dealt with at stage two please clearly mark it as a ”Stage Two Complaint”.

A senior manager will then investigate your complaint and aim to give you a response within 20 working days.

Stage Three

If you are still not happy with the response you have received, you can ask for your complaint to be dealt with by the AndiHosting Management Team and CEO. Your complaint will be heard at the first available time and we will aim to give you a response within 20 working days. Again, please ensure that you highlight this as a “Stage Three Complaint'.

Contact us

For information on how to contact us please visit the contact page.

Refund Policy

AndiHosting operate a 30 Day Risk Free Refund Policy
If you are not completely satisfied with your AndiHosting Web Hosting package, AndiHosting Reseller Hosting or AndiHosting Dedicated Server, you have the right to a full refund (excluding any Set Up Fees, Domain Name Registration Fees and / or Overages).

To claim your refund, please raise a ticket here within the first 30 days of your contract.

Refunds will be made within 30 days of receipt of your ticket. We issue refunds bythe same methon you payed by.

If you have not received your refund after 30 days, or have any other refund related enquiry, you can submit a ticket at all times here.

Please note:
Set Up Fees can only be refunded in the following circumstances:
For Dedicated Servers prior to the server being built
For Web Hosting packages prior to activation of the account, or if the Domain Name requested could not be registered.
Successfully registered Domain Names are excluded from the refund policy as a cost is incurred on all registrations, and registrars offer no returns policy of their own. However, you will continue to own the Domain Name even if you wish to cancel other AndiHosting services.
MoreAndiHosting is excluded from the refund policy.
Auto Renewal of AndiHosting services is also excluded from this policy. Please refer to the AndiHosting Auto Renewal Policy for further details.
Under no circumstances will AndiHosting allow a transfer of funds between accounts.
Refunds will not be given if any other AndiHosting Terms and Conditions or policies have been contravened.