Terms of Services & Acceptable Use Policy

  • “Agreement” is a legally binding contract between SpixHost and Customer.
  • “SpixHost”, “SpixHost (SMC-Pvt) Ltd.”, “we”, “us”, “our”, et al. shall refer to the Service provider SpixHost (http://SpixHost.com/).
  • “Customer”, “Client”, “you”, “your”, et al. shall refer to any individual, Company seeking to purchase or utilize any service provided by SpixHost. This also includes any agent or contractor of the aforementioned party.
  • “Employee” shall refer to an agent of SpixHost authorized to act on behalf of SpixHost.
  • “Services” shall collectively refer to any service (“Google Workspace”, “Google for Education”,”Web Hosting”, “Dedicated Server”, “Cloud VPS Server”, “Management Services”, “Domain Registration”, “SSL Certificate”, any other Services mentioned on our website), and the billing associated with it that SpixHost agrees to provide to the Customer based on the selections made by the Customer during signup or as requested in writing and approved by an Employee.
  • “Servers” shall collectively refer to any hardware provided by SpixHost that a Customer utilizes.
  • “Sites” shall collectively refer to any website maintained by a Customer on the SpixHost server.
  • “Account” shall refer to the established billing information and its related Services that are representative of the Customer that contracted Services from SpixHost.
  • “In writing” and “written consent” shall refer to communication and/or permission established over email between the Customer and SpixHost.

This Agreement is by and between SpixHost – a division of SpixHost (SMC-Pvt) Ltd., and Customer. By purchasing or utilizing the Services provided by SpixHost or any of its affiliates, it is effective as of the date you purchase services from SpixHost. You acknowledge that you have read, understood, and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that SpixHost may establish and post on its website from time to time.

SpixHost reserves the right to revise this agreement at any time without providing direct notice to those whom it affects. It is understood that any individual/company purchasing or utilizing services provided by SpixHost will review this document periodically for any changes.

Any breach of this agreement by any customer purchasing or utilizing services by SpixHost may result in the services being suspended or terminated with or without notice.

Any questions for clarification, or to challenge the terms set forth in this agreement may be submitted in writing via email to info@SpixHost.com.

1.   Accounts and Services

a. SpixHost agrees to provide all services requested by the Customer during the signup as put forth by the package selected by the Customer. SpixHost will not be expected to provide any other services unless agreed to in writing between the Customer and an Employee. All Services that SpixHost provides shall be bound by the terms of this agreement.

b. New Accounts are established under the following conditions:

i. Full payment has been received as per the invoice generated at signup.

ii. The order has been successfully screened for fraud and is determined not to be fraud.

iii. The Employee reviewing the signup accepts the order.

c. SpixHost retains the right to reject any order at any time for any reason with or without notice. In the event that an order is not accepted for any reason, the Account will be terminated, and any payments received will be refunded. The Customer may send a request about the reason for cancellation in writing.

d. Each Customer that contracts service with SpixHost will be set up with an account that consists of accurate contact and billing information as verified by the Customer. Failure to provide truthful information may result in the suspension or termination of the Account.

e. All Accounts with SpixHost must have valid contact information on file that is always kept up to date as verified by the Customer. This includes but is not limited to, name, physical address, phone number, and email address.

i. The email address on file must not be one provided by SpixHost. It must be on an external server (i.e., any third-party email service provider including Yahoo, AOL, Gmail, or Hotmail.).

ii. SpixHost cannot be held responsible for any reason if we cannot get in contact with the Customer due to inaccurate contact information.

f. All communication regarding the Account initiated by SpixHost with a Customer shall take place via email. SpixHost assumes the email address provided on the Account is accurate and up-to-date and will make no additional effort to contact you.

i. Customers reserve the right to be notified of any action taken on their account in accordance with this clause unless otherwise noted in these terms.

g. Any change to a Service made by SpixHost on behalf of the request of a customer that is not part of a standard package or Service will be temporary in nature. These changes are made on a case-by-case basis and may not be preserved when other changes are made to the Services. SpixHost will not be held responsible for any downtime or issues related to this section.

i. Any change may be removed at any time with or without notice if it is found to have a negative effect on the Services.

h. SpixHost reserves the right to modify its network and facilities used to provide the Services, for purposes including, but not limited to, accommodating evolving technology and increased network demand, and providing enhanced services. SpixHost shall use reasonable efforts to notify customer in advance of any planned changes to SpixHost’s network or facilities that may adversely affect the Services provided under this Agreement.

i. You acknowledge that you have not relied on any statement, promise, or representation made or given by, or on our behalf, which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.

j. All notices given by you to us must be given through our support ticket system. We may give notice to you on our client portal, or the current e-mail registered with your account with us.

k. We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.

2.   Price and Billing

a. The price of any services will be as quoted on our website, updated regularly, except in cases of obvious error. The base rate of prices is USD and the forex rate of the open market selling rate is applied for conversion which will be updated on a regular basis. These prices exclude TAX/VAT.

b. The total cost of your order of the Services will be set out clearly in your Shopping Basket before you submit your order for the Services.

c. Prices are liable to change at any time. We will notify you of a change in our prices at least thirty (30) days before the price increase/decrease comes into force. Any such price increase/decrease will not be effective until the Minimum Term period expires (usually 30 days). If you do not agree to such price changes, please cancel your Services before your service term expires. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to the payment method registered to your account.

d. Our website contains the details of many Services, and it is always possible that, despite our best efforts, some of the Services listed on our website may be incorrectly priced. Where a Service’s correct price is less than our stated price, we will charge the lower amount when accepting your order. If a Service’s correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before accepting your order or reject your order and notify you of such rejection.

e. We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mistake.

f. You must specify a payment method for the Services you have ordered before submitting your order. You can choose any of the payment methods available in our system (i.e., Payoneer, credit or debit card or bank transfer) for your account. We will take payment from the payment method you have registered against your account immediately upon sending you our Acceptance Confirmation or shortly thereafter. If we subsequently reject your order, we will refund the payment you have made.

g. Please note that when purchasing a Service, you are obliged to pay for that Service for the whole of the Minimum Term you specify with your order.

h. All Services are billed on a recurring basis according to the package chosen at signup, or as determined by a Customer and Employee in writing after an Account has already been established, as in the case of an “upgrade”. Payment is automatically attempted via the Payoneer, credit card, or any chosen method on file on the anniversary date of the Service.

i. All Services are billed up-front according to the billing term selected. This includes but is not limited to, one-time fees, upgrades, additional services, terminations, and service credits.

ii. SpixHost shall send an invoice at most [14] days before payment is due for recurring payments.

iii. Automatic billing cannot be stopped unless the Services are terminated.

iv. In the event a customer owes money to SpixHost for any reason, any Services the Customer has with SpixHost may be suspended to attempt to collect payment, with or without notice.

i. Billing for all Services a customer maintains with SpixHost remains active while an Account or Service is suspended. Any payment that comes due during the time an Account or Service is expected in full and must be paid prior to the Service being reinstated.

j. SpixHost reserves the right to charge a late fee of 3% per invoice per month on late payments. Invoices will be automatically considered late once the invoice due date has passed.

k. From time to time, SpixHost may offer promotional or special offers as sales incentives. These offers may be comprised of discounts, free time, free services, discounted services, trial offer periods, and other types of offers. Such offers cannot be combined with other offers unless otherwise stated and are one-time use offers. One offer per client only.

l. SpixHost provides several options for payment:

i. Payoneer: Currently, SpixHost can accept Payments via PayPal. Payments must be fully CLEARED before they are credited to your account.

ii. Credit Card: When you place an order through a credit card, we will, typically, bill the card a few days before your invoice is due. If the credit card charge is expired, not authorized, or declined by our processing company, we will notify you via E-mail. We request that you update your card promptly.

iii. Checks, Money Orders, and Wire Transfer payments: SpixHost accepts both checks and money orders. In the event a check is returned, SpixHost will charge a returned check fee of Rs.1999.00 or the equivalent of your chosen currency. You are responsible for payment of fees on all bounced checks.

m. If the Payment currency is other than USD, then the forex rate difference will be adjusted according to the actual rate. The adjustment will be reflected in the next billing cycle. It includes prepaid or postpaid payments of services.

3.   Non-payment Suspension and Termination

a. In the event you fail to pay your invoice by the due date, we reserve the right to suspend your services until payment is received.

b. If you are still past due on the 3rd day from the due date on the invoice, we reserve the right to terminate your service entirely and in case of a dedicated/VPS server, reformat your server and allocate it to another client.

c. If you are terminated for non-payment, we also reserve the right to refer your account to a third-party collection agency, and you agree to pay any collection fees or legal fees we may be charged to collect on your debt.

4.  Overage Billing

a. “Overage” is defined as usage of the Services provided by SpixHost to you more than the allocated limitation. Overages are charged for additional space, Backup, Bandwidth, and Professional Services (maintenance and management time) used more than the amount allocated to your account.

b. You agree to pay the then-current Overage fees and charges for the SpixHost services, including backup and bandwidth Overage fees, upon receipt of an invoice. Overage rates are set and published on our website at http://www.SpixHost.com/. Usage information is available in the Client Area.

c. Overage fees can be avoided by subscribing to a higher service plan.

5. Support

a. If a problem has arisen about the Services or your registered account, you can access support through our support ticket system support@SpixHost.com, twenty-four (24) hours a day, seven (7) days a week.

b. Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support to you, but, as part of our Hosting Services, our servers are compatible with many programming languages.

6. Hosting Service – Service Levels

a. We will use our reasonable endeavors to make our servers available to you as part of the Hosting Service you purchase for ninety-nine point nine-nine (99.99) percent of each calendar month. We do not guarantee access to our servers will be uninterrupted or error-free, but we shall make reasonable efforts to keep downtime to a minimum. We shall make all commercially reasonable efforts to provide you with advanced notification of all scheduled and emergency outages through the system status page on our website and through our newsletter.

b. Service credits are not given for any form of downtime or service unavailability.

7. Domain Names

a. Where the Contract includes our Domain Registration and Renewal Service:

i. We will endeavor to procure the registration of the domain name you requested.

ii. We will not be liable if the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name.

iii. We shall not act as your agent or on your behalf in any dealings with the domain name registry.

iv. the registration of the domain name you request, and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should obtain and read from the relevant website (you can get the relevant registry terms of service website address by creating support ticket).

v. you are responsible for ensuring that you are aware of the terms referred to in clause 4 of this section so that you can comply with them.

vi. the domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “whois” database of the domain.

vii. we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, maybe or is likely to be in bad faith, in breach of the provisions of these terms and conditions or any legal or regulatory requirement; and

viii. you confirm and warrant that you are the owner of any trademark in any domain name (or have the authority of the owner of any trademark to use such name) that you have requested be registered.

b. You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorized by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.

c. Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices at least thirty (30) days and seven (7) days before the renewal date of your registered domain name. These notices will be sent to the email address given to your account.

d. You hereby authorize us to automatically renew the domain name for you unless you have canceled the Domain Registration and Renewal Service. The price for the renewal will be as set out on the renewals page of the customer administration area and will be charged against one of the payment methods registered against your account. This clause is applicable to online payment methods only.

8. Term of Termination/Cancellation and Money Back Guarantee

a. If a customer wishes to terminate Services or an Account provided by SpixHost, it must be requested in writing via email to support@SpixHost.com, or by logging into the Client Area and requesting cancellation.

b. When you request termination, we will follow this process: We will first contact you to confirm the termination and verify that you are authorized under your account to terminate it. Then, we will immediately suspend billing and disconnect affected service. We are not able to schedule termination ahead of time, and all termination requests are effective immediately. Regarding mid-month or mid-period terminations, SpixHost will not issue pro-rated refunds for payments received in the middle of a payment cycle. Receipt by you of any Services in each period will obligate you to pay for the Services during that entire billing period.

c. In case of Dedicated/VPS Server you must request for cancellation at least 3 days before payment due date. If you request cancellation on the same or after due date, then next month charges will be applied to your account.

d. SpixHost may terminate this Agreement effective immediately and without notice, upon any breach by You of any of the terms in this Agreement. In such an event, SpixHost shall have no obligation to refund any fees paid in advance by You, nor will a backup of any data stored on the Servers be provided.

e. If you terminate your Services, any data we hold or host in relation to the Services you have terminated will be immediately and permanently deleted from our system. Accordingly, you are strongly advised to make appropriate copies of such data before you request for termination of your Services.

f. Currently, SpixHost does not offer a refund-based money-back guarantee of any kind

9. Chargebacks and Payment Disputes

a. Under this Terms of Service agreement, you must first contact SpixHost to attempt to resolve any billing disputes before contacting your bank or credit card Company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question.

b. By using our services, you agree to the policy and to contact SpixHost before contacting your financial institution to seek a resolution.

c. In the event you dispute charges contrary to this agreement, we reserve the right to refer your account or sell your debt (plus any applicable fees) to a third-party collection agency. We also reserve the right to take further legal action against you.

d. Bank disputes (i.e., “chargebacks”) are grounds for immediate termination of an Account without notice from SpixHost. If a bank dispute is received from a Customer, the Account will be suspended and/or terminated. If a customer wishes to reinstate an Account affected by a bank dispute, they will be responsible for the whole amount disputed, plus any additional fees directly associated with the bank dispute.

10. Prohibited Uses

a. You may use the Services only for lawful purposes. Failure to comply with this section will result in immediate termination and/or suspension of the Account. You may not use the Services:

i. In any way that breaches any applicable local, national, or international law or regulation.

ii. To upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, nude materials, pirated contents, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

iii. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.

iv. To upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

v. To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (also known as SPAM).

vi. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

vii. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.

b. Any attempt to exploit a Service in any way is grounds for immediate termination of the Account.

c. The Customer is wholly responsible for any action taken on their Account in any way. The Customer is monetarily responsible for any action that is taken on their Account, regardless of whether the Customer or a third party took the action.

i. In the case where a customer believes their Account was compromised by a third party, it is the Customer’s responsibility to alert SpixHost in writing to this fact as soon as possible. The Customer may be held liable for any service charges accumulated by any action taken by the third party.

d. SpixHost considers certain material to be unacceptable. If unacceptable material is found on a Site or server or is linked to a Site, the Account will be suspended and/or terminated as determined by an Employee. Examples of unacceptable material include, but are not limited to:

i. Pornographic or adult material

ii. Fraudulent activities of any kind

iii. IRC and IRC-related tools

iv. Copyrighted material without explicit consent to use and/or distribute.

v. Network/computer scanning or attack software.

vi. Exploits

vii. Software licenses, license generation software, software “cracks”

viii. Site mirroring

ix. Upload services of any kind

x. Spiders of any kind

xi. Computer viruses/malicious software of any kind

xii. Proxy scripts or services

xiii. Ponzi or pyramid schemes

xiv. Pharmacy or pharmacy-like services

xv. Racist, hateful, or harassing content

xvi. Hacking related information or services

xvii. SPAM of any kind

xviii. Any effort to link to or provide material that is not owned by the Customer will result in immediate suspension of the Account.

e. Any data and/or multimedia that is not explicitly owned by the Customer, and for which the customer does not have explicit written permission from the owner of the data and/or multimedia is prohibited on the Service. Examples include but are not limited to the hosting of music or videos whether for personal or public use. Violation of this section may result in the material being removed with or without notice and/or the suspension of the Account at the discretion of an Employee.

11.   Zero Tolerance Policy for Unsolicited E-mail/Blacklisting

“Unsolicited E-mail Complaint” is an occurrence of a third-party complaint regarding a specific E-mail communication message sent by You. “Unsolicited E-mail Incident” is an occurrence of a single E-mail message that may have been sent to multiple E-mail addresses. An Incident may contain numerous Complaints. Incidents may contain Complaints received up to 24 hours after the first. After 24 hours, a new Incident will be opened.

Blacklisting: “IP Blacklisting” is an occurrence when a third-party blacklisting service determines that a SpixHost-issued IP address is a frequent source of Unsolicited E-mail. blocklisting results in the IP address (or multiple IP addresses in the same “IP range”) being unable to send E-mail to certain third parties.

SpixHost has designed this portion of the Agreement to comply with the United States CAN-SPAM Act (the “Act”.) The Act states that commercial E-mail must be solicited, an effective, visible, and clearly defined un-subscription process be in place, that every E-mail message be sent from a valid address, without any form of IP or source spoofing, that every E-mail message sent contain the physical contact information of the sender, that every recipient of such E-mail messages has requested to receive such E-mails and that the messages and method in which they were sent comply with the other provisions of the United States CAN-SPAM Act.

a. Customers are prohibited from using the Services to send SPAM. The recipients of any email sent from the SpixHost network must first consent to receive email from the sending Account. Any violation of this section will result in immediate suspension and/or termination of the Account.

i. Any email sent to a purchased list, or a list consisting of email addresses not gathered with the consent of the recipient is considered in violation of this section.

ii. SpixHost has the final say in determining if an email message is SPAM.

b. Zero Tolerance for Blacklisting: SpixHost has a Zero Tolerance policy regarding backlisting and considers any attempt to send Unsolicited E-mail Messages or other forms of Spam E-mail (including “Spam-advertising” other websites or services or products) to be violations of this Agreement. If your account is found to be a reason for Blacklisting, SpixHost reserves the right to discontinue your services immediately with or without warning.

c. Furthermore, SpixHost will levy a Blacklisting processing fee of Rs.19999 for the first instance of IP Blacklisting and Rs.39999 for the second instance of IP Blacklisting (collectively, the “Penalties”.) If your service is terminated under the Unsolicited E-mail Policy then you forfeit all fees paid, including pre-paid fees and unused time. All fees paid become non-refundable. Further, account termination does not absolve or nullify Penalty payments you may owe to SpixHost. Further, you may accumulate additional Penalties based on complaints received after your termination. This section of the Agreement will survive for a period of one year even after this agreement is terminated.

12. Tortuous Conduct

a. Any abuse towards any SpixHost employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing, calling, or submitting online tickets to SpixHost. Any cursing, yelling, or further intentional disruptive behavior aimed at SpixHost, or its employees, shall be considered a violation of this Terms of Service agreement.

b. Any threat: whether orally, verbally, in writing, via E-mail, via Live Chat, delivered by second parties or delivered in any other way, and directed towards SpixHost or any of SpixHost’s employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service agreement. Threats of physical violence will be directed to the proper authorities.

c. No refunds shall be given when the above Tortuous Conduct clause is violated and necessitates the termination of an account or services.

13.   License to Host

a. You hereby grant to SpixHost a non-exclusive, royalty-free, worldwide right and license during the term of this Agreement to do the following to the extent necessary to provide the Services under this Agreement:

i. Digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform, and hyperlink any content uploaded by You.

ii. Make archival or backup copies of content uploaded by You to the SpixHost servers. SpixHost shall have the right, but not the obligation, to make backup copies of the data uploaded by You to the SpixHost servers. You are responsible for any of your content residing on SpixHost’s servers and for the backup thereof.

14. Storage, backup, and Security of your material

a. At all times, you bear full risk of loss of any content and software you place on the SpixHost servers. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of the content displayed, linked, transmitted through, or stored on the server.

b. It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information, or other material you upload (“Material”) (or permit to be uploaded) onto our servers as part of your use of the Services. In the event of loss of or damage to your Material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.

c. We will follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our servers (including your Material) from the latest back-up we maintained in accordance with our archiving procedure. We will not be responsible for any loss, destruction, alteration, or disclosure of your Material caused by you or any third party. This clause is applicable to Shared Hosting only.

d. SpixHost does not undertake any obligation to provide management or security services unless you specifically request us to do so. If any technology specifically associated with your account requires updating, you must make a request for such an update through SpixHost’s ticketing system.

c. You shall be solely responsible for undertaking measures to:

i. Prevent any loss or damage to Your content.

ii. Maintain independent archival and backup copies of Your content; and

iii. Ensure the security, confidentiality, and integrity of Your content transmitted through or stored on SpixHost servers. SpixHost shall have no liability to You or any other person for loss, damage, or destruction of any of Your content.

15. Suspension and termination due to Policy Violation

a. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Services. When a breach of this policy has occurred, we may take such action as we deem appropriate, as stated in Section 1.2.

b. Failure to comply with this acceptable use policy constitutes a material breach of our terms and conditions upon which you are permitted to use the Services, and may result in our taking all or any of the following actions:

i. Immediate, temporary, or permanent withdrawal of your right to use the Services.

ii. Immediate, temporary, or permanent removal of any Material uploaded to our servers.

iii. Issue of a warning to you.

iv. Issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

v. Further legal action against you; or

vi. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

c. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

16. Limitation of Liability

a. We do not monitor and will not have any liability for your Material or any other communication you transmit, or allow to be transmitted, by virtue of the Hosting Services.

b. Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail, or any other information transferred through the Internet or via any network provider and no guarantee or representation is given that the Hosting Services will be free from hackers or unauthorized users. You shall be liable for the content of any emails transmitted by virtue of the Hosting Services, for any material you upload to, or allow to be uploaded to, our servers and for always ensuring compliance with all relevant legislation.

c. All conditions, terms, representations, and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.

d. We do not exclude or limit in any way our liability:

i. For death or personal injury caused by our negligence.

ii. For fraud or fraudulent misrepresentation; or

iii. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

iv. Failure of third-party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

e. We will not be responsible for the following types of losses (in each case whether direct, indirect, or consequential) and whether they are caused by our negligence or otherwise:

i. Loss of income or revenue.

ii. Loss of business.

iii. Loss of profits or contracts.

iv. Loss of anticipated savings.

v. Loss of goodwill.

vi. Loss of software or data.

vii. Wasted expenditure (such as pay-per-click advertising costs); or

viii. Wasted management or office time.

f. Where you buy any product or service from a third-party seller through following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.

17. Events outside our control

a. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

b. A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes (without limitation) the following:

i. Misuse, alteration, or interference by you or any third party of our servers or systems (including virus and hacker attacks).

ii. Strikes, lockouts, or other industrial action.

iii. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

iv. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

v. Impossibility of the use of public or private telecommunications networks; and

vi. The acts, decrees, legislation, regulations, or restrictions of any government.

c. Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

18. Our right to vary these terms and conditions.

a. We have the right to revise and amend these terms and conditions from time to time, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in our system’s capabilities.

b. No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.