Terms and Conditions of Service
This agreement will come into force if and when we notify you by email that we have accepted your order or application for services.
1.0 Definitions and Interpretation
The headings in this document are for convenience only, and shall not affect the interpretation of these conditions or this agreement.
In this document, the masculine gender shall include the feminine, and the singular the plural, and vice versa, and unless otherwise stated the following definitions shall apply:
- "we", "us", and "our" are references to Cymnet, Cymnet Hosting and PND Services.
- "Cymnet" and "Cymnet Hosting" are trading names of PND Services, 26 King St, Penarth, Vale of Glamorgan, CF64 1HQ.
- "you", "your", "customer", and "client" are references to the person, individual, body corporate, unincorporated association or partnership who is applying to receive or is receiving services from us, having entered into this agreement.
- "services" are services supplied to you by us under this agreement.
- "server" is any computer, server or associated network equipment used by us to provide services to you or on which we may allocate you resources under this agreement.
- "order" is an application made by you for services from us.
- "Order date" is the date you applied for services from us.
- "charges" are the fees you pay to us for services we provide under this agreement.
- The words "include", "includes" and "including" are to be construed without limitation.
This agreement is governed by the laws of England and Wales.
3.0 Order Acceptance
Your order or request for services has not been accepted by us until we send you an email specifically confirming our acceptance of your order or request for services. Until that email is sent, we reserve the right to refuse or cancel your order or request for services. If we refuse or cancel your order or request for services, we will refund in full any payment received by us from you for those services, using the payment method used in the original transaction.
4.0 Payments and Invoicing
4.2 Invoices: We will send all invoices, notifications, payment requests, and payment reminders by email to the email address shown in your account details. Your account details can be updated at any time by logging into our Client Area. It is your responsibility to ensure that your contact details are up to date and that the email address show in your account details is able to receive our emails. We cannot be held responsible for any difficulties or loss of service that may arise if you fail to keep this information up to date.
Your account history, and copies of all invoices generated for your account can be accessed by logging into our "Client Area".
4.3 Invoice Date: This is the date the invoice is generated, and is clearly shown on all our invoices. All invoices must be paid in full within 7 days of the invoice date shown.
4.4 Due Date: This the date by which the invoice must be paid in full. The due date is seven days after the invoice date. Any invoice not paid by the due date is therefore overdue.
4.5 Overdue Invoices: If you fail to pay an invoice within 28 days of the due date, a 10% late payment fee may be added to your account balance. If you fail to pay an invoice within 35 days of the due date, your account and related services will be automatically suspended. If you fail to pay an invoice within 56 days of the due date, we reserve the right to terminate your account and all related services supplied by us.
4.6 New Orders: All invoices for new orders or new requests for services must be paid in full within 7 days of the date the order was placed. If you fail to pay in full within 7 days of the order date, we reserve the right to cancel your order.
4.7 Declined and Reversed Payments: If a payment for services ordered or requested is declined or reversed by Paypal, your bank, or your credit card company, we reserve the right to cancel your order or request for services and terminate your account without further notice.
4.8 Bank charges: You are entirely responsible for ensuring that there are sufficient funds in your bank account when payment is applied for services you have ordered or requested from us. We can not be held responsible for any charges incurred by you as a result of your bank account becoming overdrawn, or your credit card limit being exceeded, or as a result of a failed transaction or returned cheque.
4.9 Currencies: All orders are accepted, and invoices and payments processed in GB Pound Sterling (£) only. If you wish to pay an invoice by cheque, please note that we are only able to accept cheques drawn on UK banks.
5.0 Charges and Fees
We reserve the right to review from time to time the fees we charge for the services we provide. If we decide to increase our fees, that increase will apply immediately to all new orders or requests for services. Fees for existing accounts will however only be increased when we next invite you to renew your hosting account, or renew your domain registration, or if you ask for your account to be upgraded or your domain registration to be extended.
6.0 Your Obligations
6.2 Whilst this agreement is in force you agree to comply with all reasonable guidelines, instructions and requests regarding the use of our services, that we may issue from time to time.
6.3 Whilst this agreement is in force you agree not to sell, transfer, or otherwise make available any service or software supplied by us to you under this agreement without our express written permission.
6.4 Whilst this agreement is in force you warrant that you will comply with your obligations under UK law as it applies to your use of any service we supply.
7.0 Package Resources & Server Access6.1 Server & Data Centre Access: You accept that the services we provide do not include any right of physical access to the server hosting your account, and do not include any right of access to the data centre where the server hosting your account is located.
6.2 Package Specification: You are solely responsible for ensuring that the specification of the hosting package ordered is appropriate for your requirements.
6.3 CPU & Memory: All accounts are monitored for their use of server resources. If your hosting account appears to be using a higher than average amount of server resources, we will contact you to discuss the situation. In serious cases we reserve the right to suspend your account without notice, prior to contacting you, if this is necessary to maintain the smooth running of the server,
6.4 Data transfer: The maximum permitted data transfer per month depends on the hosting package ordered. If you exceed the prescribed limit for your account, we reserve the right to make an additional charge for the extra resources used. If you exceed the prescribed monthly bandwidth limit on a regular basis, we will ask you to upgrade to a hosting account more suited to your needs. Please be aware that accounts may be automatically suspended when their agreed resource limits have been reached, and manual intervention will then be required to bring them back online.
7.0 Intellectual Property Rights7.1: You do not acquire any intellectual property rights to any software used on the server or otherwise associated with the services we provide. You are therefore not permitted to sell, modify, reverse engineer, or make any changes to such software that might be considered to be an infringement of Intellectual Property Rights. If you fail to comply with this condition, we will hold you liable for any costs we may incur as a result of your action.
7.2: If your hosting account includes the licensed use of software owned by third parties, you must agree to be bound by their licence conditions.
8.0 Availability of Service8.1: From time to time it may be necessary for us or our suppliers to carry out essential server or network maintenance. When ever possible we will endeavour to provide reasonable notice of such planned maintenance via the Announcements page on this website. However this may not always be possible. Hardware failures, file system checks and reboots can sometimes result in unwelcome and unplanned server downtime, and we can not be held responsible for any loss you may incur as a direct or indirect consequence of such outages.
8.2: All our hosting packages are based on shared hosting. Server performance will consequently vary depending on the amount of server resources being used by all users at any given time, and on the use you make of your own hosting package. We can not therefore be liable for transient reductions in server performance.
9.0 Misuse of Our Services9.1 Spam / Unsolicited Mass E-mail: The sending of unsolicited emails (SPAM) through our servers promoting any service or web site, or through third party servers promoting a web site hosted by us, will result in the suspension or termination of your hosting account without refund.
Mailing lists are permitted provided subscribers are able to choose whether they wish to subscribe to your mailing list via clear "opt in" methods. You must also include a strict removal procedure in all mailings. "Safe lists" and other advertising related mailing lists may not be operated. Any complaints received are taken seriously and will be fully investigated.
9.2 Account Use: Our servers must not be used for the hosting or communication of, reference to, or linking to any of the following:
- Distribution of torrent files and other files related to download distribution (trackers, etc)
- HYIP / High Yield Investment Programmes
- Pirated software and files.
- Any material which is of an "adult" nature, including nudity, pornography, or anything of a sexual, lewd, or obscene nature.
- Any material that breaches the rights (including Intellectual Property Rights) of any third party.
- Threatening, abusive, harassing, or defamatory statements.
- Any material that is or seeks to encourage a criminal act.
- Material that contains any virus, worm, Trojan horse or other harmful code.
- Speech or propaganda likely to promote or incite hatred of any other individual or group of individuals.
- The collection of personal information for illegal purposes.
- Links to, frames or displays of any of the items listed above.
- phpSitemapNG - Google site map creator
- All versions of YABB forum
- CGI-Proxy, Anonymizer and all other Proxy scripts
- IRC scripts
- Chat rooms
- phpShell and similar command execution scripts
- Webmail and eGallery modules of PHP-Nuke
- "Matt‘s" FormMail
10.0 Account Suspension & Termination
We will be the sole arbiter as to what constitutes a violation of these terms and conditions. If you fail to meet or follow any of these terms and conditions, we reserve the right to consider that grounds for account suspension or termination.
If these terms and conditions are breached, we will at our sole discretion determine whether this is a serious or minor breach. If we consider it to be a serious breach, we reserve the right to suspend your hosting account, or disable any part of it, before contacting you. In the event of a minor breach, we will make an attempt to contact you using the email address shown in your account details in the Client Area of our web site. Unless we receive a reply within 3 days, we will automatically escalate the status of the breach to a serious breach, and may suspend your account.
If we are subsequently unable to resolve any breach of these terms and conditions to our satisfaction, we reserve the right to terminate your hosting account.
If we terminate your hosting account, no refund will be made in respect of any domain registration services that we have provided.
If you are on an annual payment schedule and we terminate your hosting account for any reason other than a breach of these terms and conditions, a pro rata refund will be made. This will be based on the equivalent monthly charge for remaining full months of your annual payment schedule. A pro rata refund will only be made if the calculated refundable sum exceeds £10.00.
If we terminate your hosting account as a result of a breach of these terms and conditions, no refund will be made.
We can not be held responsible for any losses you incur if your hosting account is suspended or terminated as a result of you breaching these terms and conditions.
We will consider any notice we give to have been duly delivered one day after sending an email to the email address shown in your account details in the Client Area of our web site. You can update this at any time by logging into the Client Area. It is your responsibility to ensure that this email address is current and able to receive our emails. We cannot be held responsible for any problems that may arise if you do not keep this information up to date.
12.0 Sensitive data
You are responsible for keeping your hosting account password safe. This is the first line of server security. If you suspect someone else knows your password, please change it immediately. Choose a new password with care. Please use a mixture of numbers, small letters, and capitals.
Choose all other user names and passwords associated with your hosting account with care. Please use a mixture of numbers, small letters, and capitals.
13.0 Limitation of Liability & General Terms
13.1: Whilst the data held on our server is backed up on a regular basis, we offer no guarantee of any kind as to the availability or integrity of these backups. You are therefore strongly advised to regularly download your own backups of all account files and databases using the facility provided in control panel (cPanel).
13.2: We are not responsible for any claimed damages, resulting from our servers going offline, or being unavailable for any reason. This includes damages resulting from the corruption or deletion of data. You agree to indemnify and hold us and our employees and suppliers harmless from any claims, damages, including but not limited to consequential damages resulting from the use of services we provide which damage you or any other party.
13.3: You must comply in a timely fashion with any actions we request clients to take on our announcements page.
13.4: You are entirely responsible and liable for all activities conducted using the server resources allocated for your hosting account and hosting package.
13.5: You must fully comply with your obligations under the Data Protection Act 1998 and under other relevant UK laws or EU Regulations.
15.0 Modifications to our Terms and Conditions
From time to time we may find it necessary to revise our terms and conditions of service to reflect changes to the way we or our partners operate. We therefore reserve the right to add to, delete, or modify these terms and conditions, our hosting packages, prices, and our web sites at any time. Notice of such changes will be posted on the announcements page on this website, and the "last updated date" at the bottom of this document will be revised accordingly if changes are made to this document.
These Terms and Conditions of Service were last updated on the 25 September 2017.