Support 0345 468 0005 • Sales 0800 848 8468 •

TERMS OF SERVICE

Revisions:
March 2010 - Broadband fee updates
January 2010 - Inclusion of the name of our debt recovery agent
December 2009 - Promotional inclusion
October 2009 - Broadband fee updates
July 2009 - Broadband inclusion
March 2009 - Initial term reduction

Server use


XILO reserves the right to refuse service and/or access to its servers and/or services to anyone.

Support


We will endeavour to provide a continuous high quality service. If you experience problems with your service, you should consult our support centre. Should you fail to find a resolution to your problem in our Knowledge Base you should raise a support centre ticket or call our support line during office hours.

Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime is available on the XILO support website, as are details of any interruptions to our services.

Payment policies


All accounts are set up on payment in advance.

Although XILO 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 every billing period anniversary, from the date the service was established. Customers will automatically be charged again at the end of their prepay period unless notification of cancellation is given via our support centre and raised for our billing specialists. 30 days written notice must be given to cancel or downgrade a service and 60 days for colocation services.

In situations where the card number on file is declined, XILO reserves the right to suspend all services until the outstanding debt is cleared. Any non-payment of an invoice may be subject to late payment at 4% of any overdue invoice. 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.

We reserve the right to hand over any unpaid accounts to our appointed debt collection agency, Daniels Silverman Limited and collect 8% interest on any amount owed. Daniels Silverman Limited will also levy a further 15% of the total debt for costs incurred in collecting the debt.

You are required to have a valid email address registered on your account at all times, failure to do so may result in suspension of your account.

No bills or invoices will be sent by postal mail. All invoices will be sent directly to customers via email 14 days before they are due. Requests to alter a billing cycle must be received before an invoice is generated for the next billing cycle.

All payment is in GBP Sterling. All prices displayed are shown excluding value added tax.

Promotional offers


Free domain offer: Shared, reseller and premium hosting accounts that pay annually or bi-annually are offered a free domain registration or transfer. The registration or transfer is for one year, or two years for .uk and to be completed at package sign up. Domain can not be added retrospectively.

RS-5: This is a starter reseller pack and can only be signed up by new account holders. It cannot also be downgraded to, from any higher package or plan.

Affiliate scheme


The payment point for affiliate accounts is £50 and an invoice must be raised for the exact affiliate amount to be withdrawn. Payments are made via cheque sent to the account address.

Your personal details


Please note that whilst your email is primarily used for billing purposes, XILO reserves the right to email you information about enhancements to our systems and important information. You must ensure that valid contact details, including your address and phone number remain on the account at all times. We reserve the right to suspend service if details are incorrect.

We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and delivery address to third parties that XILO may use for the purposes of delivering specific services to you (e.g. equipment).

Payment options


Credit / Debit Cards: XILO accepts MasterCard, Visa,  Electron, Maestro, Solo, JCB and American Express.
Cheque Payment:  XILO cannot guarantee that a service will be provided until after any received cheques have been cleared.
Bank Transfer / BACS:  XILO cannot guarantee that a service will be provided until after payment is received.
PayPal: All PayPal payments are collected in GBP Sterling only. Each payment must be initiated from My XILO on receipt of an invoice.
Google Checkout: All Google Checkout payments are collected in GBP Sterling only. Each payment must be initiated from My XILO on receipt of an invoice.
Pay Offline: XILO cannot guarantee that a service will be provided until after payment is received.

Transfers


When possible, and upon request, we will transfer hosting accounts from an identical control panel. No fee is levied on transfers for up to 20 accounts.

Customers transferring a domain must copy any content, emails and databases from another host, if required. Unless requested prior to completion of transfer.

Money back guarantee


Where indicated on our website, we offer a 7 day money back guarantee. To claim the guarantee, visit our support centre and raise a ticket for our billing team.

Setup times


Most services are setup within minutes of payment being received. However, self and fully managed servers can be longer as these are ordered new from our suppliers. We quote 7-10 working days for delivery of new orders in to the datacentre.

Cancellation and refunds


XILO reserves the right to cancel the service at any time. In this event customers will be entitled to a prorata refund based upon the remaining period of membership. If a customer contravenes the terms of service a refund will not be issued in the event of a cancellation.

Domain names, once registered cannot be refunded or cancelled at any point in time, for any reason.

Customers may cancel their account at any time by giving written notice to XILO.
Fees charged on a prepay basis are non-refundable. Once the initial guarantee period has expired customers are not entitled to receive a refund unless the service is cancelled by XILO. In addition some accounts incur set-up fees, these charges are also non-refundable.

A £5 per domain fee maybe levied on certain transfers away from XILO and we will advise if this applies for your domain(s). This is to cover our administration costs. Accounts must be up to date for any transfers to be processed.

All Hosting accounts are subject to a 30 day minimum, rolling contract.

All Dedicated Servers and Colocated services are subject to a 12 month minimum contract term.

Standard OpenVZ based VPS (XV-*) are subject to a 30 day minimum, rolling contract. Cloud based VPS (VS-*) are subject to a 12 month minimum contract term.

Broadband services are subject to a 30 day minimum, rolling contract, unless taken with a free DSL router which extends contract to 12 months.

When a refund is due, these are processed within 30 days.

Broadband charges


Broadband services attract certain one-off fees for installations, migrations and abortive installations.

£40 - New ADSL activation.
£325 - New SDSL activation.
£11 - ADSL migration (IP Stream).
£40 - ADSL migration (LLU).
£0 - ADSL outbound migration to other service provider.
£25 - Broadband cease.
£11 - Same product usage regrade.
£9 - Bond (per bond).

Engineering visits could attract the following fee is there is no one at the property at stated time, or if there is no fault within the BT network.

£85 - Abortive visit charge (When Openreach engineer is unable to gain access property at agreed time/date).
£165.60 - SFI engineer - No fault found (When Openreach engineer is unable to find fault within BT network, up to customer demarcation point).

Broadband orders cancelled after acceptance by the broadband network will attract the following fee:

£20 - Early ADSL order cancellation.
£30 - Early SDSL order cancellation.

Broadband orders cancelled with less than 24 hours to agreed broadband activation date will attract the following fee:

£75 - Late ADSL order cancellation.
£370 - Late SDSL order cancellation.

Not all orders can be cancelled once accepted. In situations like this, cancellation would equate to your activation, cease (if new line) and first month.

Charge back


Any customer reversing payments via bank, credit card (a "chargeback") or PayPal (a "dispute") may be subject to a punitive fee of £50, should the company deem this charge back to be unfair. The company also reserves its right to defend such charge backs and recover the original monies from the user.

Indemnification


Customer agrees that it shall defend, indemnify, save and hold XILO harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against XILO, 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.

Customer agrees to defend, indemnify and hold harmless XILO against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with XILO services; (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 sold to customer from XILO servers.

Disclaimer


XILO will not be responsible for any damages or losses you may suffer.

XILO makes no warranties of any kind, expressed or implied for services we provide. XILO does back up your data but whilst every attempt would be made in the unlikely event of any corruption or hardware failure, XILO cannot guarantee to be able to replace all data. XILO expects all customers to maintain their own backup routine. XILO disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by XILO and its employees. XILO reserves the right to revise its policies at any time.

208 0.1193-16892 | XHTML | © Copyright 2003-2010 XILO Communications Ltd. All rights reserved. E&OE