Legal Information - Terms of Service - Acceptable Use Policy - Domain Name - Data Protection Act : xilo

• Terms of Service
• Acceptable Use Policy
• Broadband AUP
• Domain Name
• Data Protection Act

TERMS OF SERVICE

Revisions:
September 2016 - Updated phone number.
June 2016 - Changes to company information.
December 2014 - Changes to VAT charging for EU customers.
May 2013 - Updated product name references
March 2013 - Updated cease fee due to wholesale cost changes
October 2012 - Updated cease fee due to Openreach cost increase
May 2011 - Updated cease fee due to C&W wholesale cost increase
February 2010 - Updated cease fee due to C&W wholesale cost increase
January 2010 - Change in VAT rate, to 20%
August 2010 - Revisions to VPS/VM and BT SFI charging
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

Company

Services provided under these Terms of Service are provided by XILO Ltd., whose registered office is 128 City Road, London, EC1V 2NX, United Kingdom with registration number 06451134. Tel: +44 333 773 3000, Fax: +44 333 773 3009.

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.

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 an electronic cancellation request via your My XILO account, or via written letter to our registered office.

Services that are unpaid past the due date will be suspended and terminated. All data will be removed from our servers and we hold no liability to any losses incurred due to non-payment.

We reserve the right to hand over any unpaid accounts to one or more, of our appointed debt collection agencies, Daniels Silverman Limited or Henriksen Limited and collect 8% interest on any amount owed. Our collection agencies may also levy a further fee added to 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. Pricing excludes VAT at the standard current rate (20%) except where indicated unless within the EU where your local rate of VAT will be charged. Inclusive VAT pricing is based from VAT exclusive pricing and is subject to change.

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 (registration only)) 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.

£10 EV Upgrade: This promotion can only be used once per hostname. Once a discounted EV upgrade has been used, another cannot be issued and a full priced EV certificate must be purchased.

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).

Only one account per entity. We reserve the right to merge any account belonging to the same entity.

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.
Direct Debit: Facility offered for active accounts for monthly service payments, excluding domain names and one-off services.
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. Domains that are no longer required must have auto renewal disabled at least 15 days prior to the renewal date to prevent invoice generation. After this time and once an invoice has been generated, please contact our billing specialists to arrange manual cancellation.

Broadband customers must place their cease request via the broadband menu within My XILO. The date chosen will be the date the service is ceased but notice applies from 30 days of when the request is made. A cease fee will be applicable as advised on-screen.

Customers may cancel their account at any time by giving 30 days 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 where our assistance is required. 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 then monthly rolling after the initial term. Colocated servers have a 3 month notice period.

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

Managed Servers and the Managed Server add-on is subject to a 12 month minimum contract term then monthly rolling after the initial term with a 3 month notice period.

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

Telephone only (PSTN/WLR) services are subject to a 30 day minimum, rolling contract. Telephone only (Digital/ISDN) services are subject to a 12 month minimum contract term then monthly rolling after the initial term.

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.
£32 - Broadband cease for Home, Office, Pro, Pro Advanced and Elite.
£33 - Broadband cease for Extreme.
£32 - Broadband cease for Fibre FTTC.
£32 - Phone and Broadband cease for Talk Surf/Pro after 12 months of activation.
£40 - Phone and Broadband cease for Talk Surf/Pro within 12 months of activation.
£11 - Same product usage regrade.
£8 - Bond (per bond).
£125 - Fast Track.

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

£20 - Early ADSL/FTTC 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/FTTC order cancellation.
£370 - Late SDSL order cancellation.

Phone and Broadband (Bundled) services and Phone only services cancelled after acceptance by the wholesale network will attract the following fee:

£69.99 - 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.

There may be times when we need to book a BT Openreach engineer to visit your property to resolve a fault that cannot be resolved remotely. Such 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 fault charge (When Openreach engineer is unable to gain access property at agreed time/date).
£165.60 - SFI (1) engineer - No fault found (When Openreach engineer is unable to find fault within BT network, up to customer demarcation point).
£98 - Abortive installation charge (When Openreach engineer is unable to gain access property at agreed time/date)

If a SFI is booked using the SFI2 charging modules, the charges per module differ from a standard SFI charge.

£154.00 - Base Charge
£44.00 - Internal Wiring
£22.00 - Internal Equipment
£0.00 - Pre-ordered Co-op Call
£0.00 - Network - Waived by BT
£0.00 - Frames - Waived by BT

Broadband Terms

XILO will provision your broadband service for the fastest speed possible. Certain factors including condition of line and length will affect what speed is possible.

Where possible, lines will be provisioned on a ADSL2+ service and will require a suitable ADSL2+ router.

We cannot however make any guarantees to the reliability of the service due to factors outside of our control such as environmental, radio or electrical interference, weather or natural disaster. Where there is a fault, we will raise to our suppliers who will aim to respond/resolve within the following time scales: 40 hours for BT StandardCare, 20 hours for BT Enhanced Care and 50 hours for CPW/Tiscali/CWA without Enhanced Care. There is no uptime SLA offered on standard ADSL services.

In certain situations it will be required for changes to be made on the line to aid stability, in preference of speed due to line conditions.

For services moved to a fully unbundled supplier, it is your responsibility to contact us to give notice to end your service. Notice to end service will only be taken from the date you inform us.

Broadband accounts overdue more than 14 days will be ceased where we have not been able to gain payment for service or have been unable to contact the account holder via phone, text message or email. Standard cease fees will be applicable in line with the service agreed.

You must retain an active phone line for us to deliver broadband to you. If you cancel your phone line, your broadband will cease and the cease fee will be payable. Broadband can not be delivered to you without an phone service. Any notice or minimum term remaining will be due in full should your phone line be cancelled.

Lead times given for service provision are estimates from the wholesale network and not guaranteed unless received in writing. The date for installation or activation may change of which we will advise you via email.

Broadband Hosting

XILO will offer a free hosting service for as long as there is an active broadband service on account. Once an account has no active broadband service, the hosting service will automatically be removed after 7 days and it is the customers responsibility to ensure all files are removed prior to this.

Broadband Router

XILO will provide a router on a loan basis to aid diagnostics for complex faults. This remains the property of XILO at all times.

All postage costs are to be met by the customer including dispatch and return. We advise that tracking postage is sent insured up to £50 in case of a damage or loss. Devices should be returned in adequate packaging and remain the customers responsibility until received in working order by XILO

Non-return, or damage to equipment when requested by XILO will be subject to a £50 fee being charged.

Telephony Terms

No guarantees are provided as to the reliability of the service due to factors outside of our control such as environmental, radio or electrical interference, weather or natural disaster. Where there is a fault, we will raise to our suppliers who will aim to respond/resolve within the following time scales: 40 hours for BT StandardCare, 20 hours for BT Enhanced Care. There is no uptime SLA offered on standard telephony services.

Telephony accounts overdue more than 14 days will be ceased where we have not been able to gain payment for service or have been unable to contact the account holder via phone, text message or email. Standard cease fees will be applicable in line with the service agreed.

Lead times given for service provision are estimates from the wholesale network and not guaranteed unless received in writing. The date for installation or activation may change of which we will advise you via email.

Charge back

Any customer reversing payments via bank, credit card (a "chargeback") or PayPal (a "dispute") may be subject to a punitive fee of £15, 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.

Complaints

We strive to provide the best service and support, including ensuring a reliable and dependable service. Occasionally we may fall short of the high standard we want to deliver to all customers and in such situations we want to know so that we can learn and improve our policies or procedures.

In the event you wish to make a complaint, we will attempt to resolve this as quickly and smoothly as possible.

We are happy to accept these in writing via your portal noted for the attention of the complaints team or via post to our registered office. Please ensure that you include full information for your complaint and what you would like us to do to put the situation right. For complaints via post, please also include your name, address and registered email address.

On receipt of your complaint, we will acknowledge this within 1 working day and this will be via email or phone call.

We aim to investigate and resolve all complaints within 1 week for receipt of the complaint but should further time be required, we will advise you of this and provide an estimated date of when we should be able to provide a outcome or explanation.

If you are unhappy with the outcome or explanation, we will be happy to escalate the complaint for further review by our Managing Director within 1 week from escalation.

We are committed to resolving any complaints received.

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.