GENERAL TERMS AND CONDITIONS
These General Terms & Conditions and the Acceptable Use Policy and any information relating to the Service/Package purchased from ESeller Solutions forms the Agreement between Us. If any of these General Terms & Conditions are inconsistent with any terms set out in ESeller Solutions Service specific terms & conditions, the Service specific terms & conditions shall prevail.
You acknowledge and accept that Your use of the Services must be in accordance with the Acceptable Use Policy.
By nature of owning a ESeller Solutions account, You accept these Terms & Conditions.
"Agreement" means any agreement to which these terms & conditions are incorporated.
"ESeller Solutions" means ESeller Solutions with registered office at Suite 420, 41a Oxford Street, Leamington Spa, CV32 4RA, United Kingdom, company number 07005174.
"Package" means a collection of Services.
"Prices" means the Prices for the Services set out in order form or as otherwise notified to You.
"Services" means the Services to be provided by ESeller Solutions.
"You/Your" means the person or company who purchases Services from ESeller Solutions.
- Hosting Service
The service provided by eSeller Solutions will be a shared hosting option.
- Duration and Renewal of Services
Services for which payment is required on a monthly basis are will be automatically charged until notice of termination is received.
- Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, or agreed by ESeller Solutions in writing prior to purchase, Services are not available on a trial basis. It is Your responsibility to ensure that the Services you purchase are suitable for your technical requirements.
- You are entitled to cancel the services by contacting ESeller Solutions’ cancellation team no more than 30 days prior to the expiry of your minimum contract term. Once ESeller Solutions accept your cancellation request you will be provided with written confirmation of cancellation. Requests will not be deemed to have been received and accepted until we have issued our written confirmation to you.
- ESeller Solutions reserves the right to cancel and/or suspend Your Service at any time without notice if You breach these General Terms & Conditions and/or the Service Specific Terms & Conditions and/or our Acceptable Use Policy.
- Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.
- In the event that ESeller Solutions cancels Your Service for reasons other than Your breach of contract, You will be entitled to a pro rata refund based upon the remaining period of Your current contract term.
- If You contravene Your Agreement with ESeller Solutions, a refund will not be issued in the event of a cancellation.
- Domain credits are non-refundable as they enable the purchase of domain names at discounted Prices, based on an up-front commitment.
- Payment will be due the monthly in advance.
- You will be invoiced automatically for the next pre-paid period on the basis of your current payment plan at the expiry of the current pre-paid period unless You have cancelled the Services in accordance with clause 3. Payment of the Price will be taken via the payment method specified and will be non-refundable. In cases of failed payment, the invoice will become due and payable to ESeller Solutions in its entirety.
- You will be invoiced automatically for the installation of security patches in your website/software platforms where these updates are flagged as critical and/or failure to install them could compromise the server.
- ESeller Solutions reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. Notice of changes to Prices and/or Services will be given by e-mail to the e-mail address held in Your ESeller Solutions Account. You will be charged the new Price when the Service is automatically renewed at the end of the current term.
- All payments must be made in UK pounds sterling, inclusive of applicable taxes.
- You warrant that You are authorised to make payment using the payment card or facility You disclose to ESeller Solutions. In the event that You are not the named card holder, You acknowledge that You and the party who is the named card holder both accept ESeller Solutions’ Terms & Conditions and are jointly and severally liable for the payment of all Prices for which payment will be taken from the payment card. You will indemnify and hold ESeller Solutions harmless in the event that the cardholder or issuer declines any transaction for payments to ESeller Solutions, including all of ESeller Solutions costs in administering Your non-payment and obtaining payment of those Prices due.
- ESeller Solutions reserves the right to suspend all Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £30 administration charge. You are responsible for all money owed on the account from the time it was established until ESeller Solutions accepts Your cancellation request. You are responsible for any additional costs incurred by ESeller Solutions in the collection of outstanding debt.
- You are required to have a valid email address and credit/debit card and/or PayPal account registered to Your account at all times, failure to do so will result in automatic suspension of Your account. If You cancel Your credit/debit card and/or PayPal account for any reason You must immediately notify ESeller Solutions and provide details of a current valid payment card and/or PayPal Account.
- Payments processed by PayPal are subject to PayPal’s terms and conditions of Service, and ESeller Solutions makes no representations or warranties with respect to those Services.
- No bills or invoices will be sent by regular mail. All invoices will be sent directly to You via email shortly after the purchase or automated renewal transaction is completed.
- If You fail to pay all Prices due, ESeller Solutions reserves the right to interrupt, suspend or cancel the Services to You. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to ESeller Solutions.
- Please refer to ESeller Solutions Service Specific Terms & Conditions including, but not limited to, the Domain Name terms of Service for Domain Name for specific payment policies.
- If You withdraw any payments made via a bank, credit card or PayPal account (a "chargeback") ESeller Solutions will either defend such chargebacks directly with the card issuer, or take appropriate steps to recover the original monies from You in addition to an administration fee of £30+VAT for each inappropriate chargeback raised.
- If a chargeback is made, ESeller Solutions reserves the right to immediately interrupt, suspend or cancel all services within your Account. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to ESeller Solutions.
- Appropriate Service use
- ESeller Solutions reserves the right to refuse Service and/or access to its servers and/or Services to anyone.
- ESeller Solutions does not allow any content which breaches our Acceptable Use Policy to be stored on its servers. ESeller Solutions reserves the right to remove content from the Services or suspend the Services immediately where it reasonably suspects such content breaches the Acceptable Use Policy.
- ESeller Solutions shall notify You if it becomes aware of any allegation that You breach the Acceptable Use Policy.
- Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of ESeller Solutions.
- ESeller Solutions reserves the right to move Your data to a different server with no prior notice.
- You shall indemnify ESeller Solutions against all damages, losses and expenses arising as a result of any action or claim that the data, content and/or any other material breaches the Acceptable Use Policy.
- In the event that ESeller Solutions removes data or content from the Services and/or suspends Your site, and later reinstates such content and/or resumes the Services, You shall indemnify ESeller Solutions against all damages, losses and expenses arising as a result of any action or claim that such content and/or data and/or the Services Your site breaches the Acceptable Use Policy.
- ESeller Solutions reserves the right to suspend service in the event of any action, content or processes that would compromise the service and/or performance other client installations on the same server.
- Service Agreement
eSeller Solutions will
- Carry out regular server software updates (patches).
Software updates do not include updates such as website platform version revisions or updates for add-on modules installed
- Implement the appropriate operating system updates;
- Maintain firewall services;
- Carry out regular backup;
- Offer server support;
- Manage the databases to ensure optimum performance
Database management includes clearing cached files, managing file build up, but EXCLUDES data upload, data cleaning or general management of product/category data and images in the website database
- provide server monitoring and recovery services;
- regularly update server anti-spam and virus protection;
- run regular server security scans and audits.
- Install any critical security patches in your database platform at Your cost where a security patch has been issued and flagged as critical. Non-critical patches will be recommended but not enforced if installation is not critical to server security.
- Carry out regular server software updates (patches).
- Server Access
As this hosting option is a shared server, no third party or FTP access will be permitted in order to protect all clients hosted on the same server.
- Scheduled maintenance
To guarantee optimal performance on the servers, it is necessary for ESeller Solutions to perform routine maintenance. Such maintenance often requires taking ESeller Solutions Services off-line, typically performed during off-peak hours. ESeller Solutions will give You advance notice of maintenance requiring the Services to be taken off-line whenever possible.
We will endeavour to provide a continuous high quality service. If You experience problems with Your Service, You should email ESeller Solutions at firstname.lastname@example.org
- All data created or stored by You within ESeller Solutions’ applications and servers are Your property. ESeller Solutions shall allow access to such data by only authorised ESeller Solutions personnel. ESeller Solutions makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder’s server space or within applications on ESeller Solutions’ servers.
- ESeller Solutions maintains backups of its servers and infrastructure pursuant to its own archiving and business continuity procedures. In the event of loss of or damage to your data relating to actions made by You or on Your behalf you will be charged for time required to reinstate the most recent backup data.
- In the event of loss of or damage to your data relating to a failure in ESeller Solutions systems or servers, ESeller Solutions will make reasonable commercial efforts to assist you in the restoration of your data.
- You shall indemnify ESeller Solutions against all damages, losses and expenses arising as a result of any action or claim that the content or data of Your site or content or data accessed from or published as part of the Services infringes the intellectual property rights of a third party.
- Your personal details
- You warrant that the contact information that you provide to us on establishment of your account is correct, and that You accept responsibility for keeping this information up to date at all times. You agree that we may suspend access to your account and the Services if we reasonably believe that the information you have supplied is inaccurate.
- Please note that whilst Your email is primarily used for billing purposes, ESeller Solutions reserves the right to email You information about its product offerings. You can unsubscribe from marketing communications by selecting the unsubscribe option within the communication.
- ESeller Solutions will not provide any of Your personal information to other companies or individuals without Your permission unless required to do so by law.
- ESeller Solutions Disclaimers and Warranties
- ESeller Solutions will back up your data/website. Whilst every attempt will be made in the unlikely event of any corruption or hardware failure, ESeller Solutions cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all Service interruptions caused by ESeller Solutions.
- ESeller Solutions makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder "as is" without warranty of any kind.
- So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.
- For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
- ESeller Solutions shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.
- ESeller Solutions will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
- No matter how many claims are made and whatever the basis of such claims, ESeller Solutions’ maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by You for the Services in relation to which Your claim arises during the 12 month period prior to such claim.
- ESeller Solutions shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-
- interruptions to the flow of data to or from the internet;
- changes, updates or repairs to the network or software which it uses as a platform to provide the Services;
- the effects of the failure or interruption of Services provided by third parties;
- factors outside of ESeller Solutions’ reasonable control;
- our actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
- problems with Your equipment and/or third party equipment;
- interruptions to the Services requested by You.
- Force Majeure
ESeller Solutions shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of ESeller Solutions (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication Services generally, or other similar force beyond its reasonable control.
The failure of ESeller Solutions to require Your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by ESeller Solutions of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable notwithstanding termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.
You agree that any notice or communications required or permitted to be delivered under this Agreement by ESeller Solutions to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information You have provided.
- Governing Law
Except as otherwise set forth in the Domain Dispute Policy, Your rights and obligations and all contemplated by this Agreement shall be governed by English law and You submit to the exclusive jurisdiction of the English Courts.
- Legal Fees
If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of ESeller Solutions However, in the event that ESeller Solutions consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
- Entire Agreement
This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.
- Amendment in Writing
- Further Assurances
The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.
- Relationship of the Parties
Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
- Joint and Several Obligations
If any party consists of more than one entity, their obligations here under are joint and several.
- No Third Party Beneficiaries
This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. ESeller Solutions will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of ESeller Solutions as reflected in the original provision.
Please note: by signing up for any of our services you agree to be bound by all ESeller Solutions terms and conditions.