Terms & Conditions

Service & Server use.

FirmSwitch reserves the right to refuse service and/or access to its servers to anyone. FirmSwitch does not allow any of the following content to be stored on its servers: Adult material – includes all pornography, erotic images, or otherwise lewd or obscene content if is not legal or authorised under UK law.

Customer’s Age.

By signing up for our services the Customer certifies to be at least 18 years of age or at least of legal age for the countries, demanding a higher legal age by law, or that either their parent or legal guardian will act as the Customer in accordance with the terms of this contract.

Excessive download content or non-linked content.

Refusal of service based on content matching either of these two criteria is entirely at the discretion of FirmSwitch. FirmSwitch reserves the right to move your domain to a different web server with no previous notice.

Support.

We will endeavour to provide a continuous high quality service. If you experience problems with your service, you should consult your clientarea where you will be able to log a support ticket. Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance, upgrades or repair to our services.

Bandwidth policy.

FirmSwitch reserves the right to cancel your service(s) if you exceed the download limit set, you will be warned when you are approaching the limit.

Space Usage.

If you exceed the limits on your hosting, we will automatically e-mail the Administrator of the site to inform you of the additional space you are using. You will then have 48 hours from that notice to remove files to restore the quota usage. If for any reason you do not then your account may be suspended until you comply with either removing files or upgrading your hosting package.

High resource use policy.

Resources are defined as bandwidth, processor utilization or disk space. FirmSwitch may implement the following policy to its sole discretion:

When a website is found to be monopolising the resources available FirmSwitch reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby FirmSwitch continues hosting the website for an additional fee.

Backups & Data Loss.

The use of all of our services are soley at your risk. FirmSwitch DO NOT take backups of any data. In the unlikely event of any corruption or hardware failure, FirmSwitch cannot guarantee to be able to replace lost data. FirmSwitch 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 or notcaused by FirmSwitch and its employees or anyone connected to FirmSwitch providing server use or any other service. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.

Payment policies.

All accounts are set up on a prepay basis. Although FirmSwitch 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 30 or 365 days, following the date the account was established. Customers will be sent an email to renew their package near the end of their prepay period unless closure notification has already been given. FirmSwitch reserves the right to suspend other services until the outstanding debt is cleared.

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. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer’s card will be charged automatically.

Complaints & Billing/Payment Issues.

Should a customer of FirmSwitch have any issues with Billing information or Invoices, please send an email to sales@FirmSwitch.co.uk or send a letter to the address on your invoice detailing your issues. FirmSwitch reserve the right to suspend an account if the letter/complaint is not raised within the invoice period and is raised after the ‘Due Date’ All payment is in UK sterling.

You are required to have a valid credit/debit card and email address registered on your account at all times, failure to do so may result in suspension of your account. Please note that whilst this email is primarily used for billing purposes, FirmSwitch reserves the right to email you information about enhancements to our systems and product offerings. Your email will not be passed to any other parties at any time.

Cancellation and refunds.

FirmSwitch reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. In no event will a customer receive any extra monies or compensation for cancellation of services.

If a customer contravenes FirmSwitch terms of service a refund will not be issued in the event of a cancellation. Customers may cancel their account at any time with at least 30 days notice given. But will not be entitled to a refund for any services for the rest of the hosting package contract or additional services purchased (minimum 12 months each time the hosting package is renewed).

Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as startup incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable. Customers are not entitled to receive a refund unless the service is cancelled by FirmSwitch. In addition some accounts incur set-up fees, these charges are also non-refundable.

Indemnification.

Customer agrees that it shall defend, indemnify, save and hold FirmSwitch harmless from Any and all demands, liabilities, losses, costs and claims, including reasonable Attorney’s fees asserted against FirmSwitch, 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 FirmSwitch against liabilities arising out of;

(1) any injury to person or property caused by any products sold or Otherwise distributed in connection with FirmSwitch server(s) service(s);

(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 FirmSwitch server.

Disclaimer.

FirmSwitch will not be responsible for any damages your business may suffer. FirmSwitch makes no warranties of any kind, expressed or implied for services we provide. FirmSwitch reserves the right to revise its policies at any time. Should FirmSwitch have legal action taken against them, for any reason specified in any of our our policies or otherwise you agree to only take us to court in the country in which our business and servers reside.

Please note: By signing up for any of our services you agree to be bound by all FirmSwitch terms, conditions, acceptable use and privacy policies.