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The
Active Dot Terms of Service
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Terms of Service
Acceptable
Use Policy (AUP)
Nominet
Terms (Applying to all UK
domains)
Privacy
Policy
1. General Terms
The
following Terms of Service, Acceptable Use Policy
and accompanying policies (collectively the "TOS",
"contract" or the "Agreement") constitute a
binding, legal agreement between Active Dot
("Active Dot", the "Company", "us" or "we") and the
customer (the "Customer" or "you") which shall
govern the terms and conditions of services
provided by the Company. The Company agrees to
provide services to the Customer in accordance with
the terms and conditions set forth in the
Agreement.
1.1 Definition of Terms. All services provided by
Active Dot are henceforth referred to as the
"Service". All accounts, whether they be managed
websites, shared web hosting, or any other product
or service offered by Active Dot, are governed
under the Agreement and subject to all terms and
conditions. In all parts of the Agreement, singular
refers to plural and masculine refers to feminine
as applicable.
1.2. Modifications to this Agreement. We reserve
the right to change the Agreement at anytime, in
whole or in part, at any time. Where you disagree
with the updated agreement, you will be able to
cancel and terminate services at the end of your
current billing period. If you reject the updated
agreement and fail to contact us within seven (7)
days giving notice of your rejection in writing, it
will be assumed that you acknowledge and agree to
the updated Agreement and agree to be bound by the
updated terms. You acknowledge that any changes or
modifications shall not constitute grounds for
non-payment.
1.3. Transfer of Rights and Assignation. Under no
circumstances shall the Customer transfer their
rights under this agreement to any other individual
or third-party without the direct written consent
of the Company. The company shall be entitled in
its absolute discretion to assign the whole or any
part of this agreement.
1.4. Severability. Every provision set out in a
separate paragraph will be construed as a separate
and independent provision severable from all or any
of the other provisions. The headings are for
convenience only and will not affect the validity
or construction thereof.
1.5. Accepted Methods of Notification. Where you
are required to give notice to us under this
agreement, all notifications must be made in
writing and delivered either via our online members
area, by sending a support ticket to the
cancellation department. Notification given in any
other form, for example, over the telephone or
informal email to an employee or company director
will not be accepted.
1.6. Jurisdiction. This contract and agreement
shall be governed and construed in accordance with
the Laws of England, United Kingdom, and the
parties submit to the non-exclusive jurisdiction of
the Courts of the said Country.
1.7. Timeframes. All dates and times are given in
good faith but no liability is accepted for damage
or loss caused by delay.
1.8. Limitation of Liability. Neither party shall
be liable for any indirect, incidental, special,
punitive, or consequential damages, or any loss of
profits, revenue, data, or data use. Our maximum
liability for any damages whether in contract or
delict will not exceed the fees which you have paid
to us or are payable to us for this order, and if
such damages result from your use of the software
or technical support, the liability shall be
limited to the fees paid or payable for the
software or technical support.
2. Order Acceptance
2.1. Request for provision of services. Active
Dot as a company dealing in online ecommerce, makes
available to you an order form for the purpose of
ordering services. During the order process, you
will be assigned a unique order ID and your payment
will be taken and/or your payment details stored.
This does not constitute acceptance of your order.
Your order is only accepted when you receive an
email or other communication from us informing you
that your order has been accepted and your service
is now in the process of being provisioned. Your
order may be rejected at any point prior and for a
period of up-to twenty-four (24) hours following
this, in cases where we believe your order
represents too high a risk, we do not have the
stock to fulfill your order or where you placed the
order improperly &endash; for example, ordering a
service with a promotion (including coupon codes or
other automatic discounts) which has expired. The
company will be the sole judge in deciding what
constitutes placing an order improperly.
2.2. Incorrect or Inaccurate Information. We
endeavor to make all the information on our
websites and in our advertisements as accurate as
possible. Active Dot however does not warrant that
the information provided is complete, reliable,
current, or error-free. If an error is found within
fourteen (14) days of accepting your order, we will
contact you as quickly as possible and allow you to
either cancel your order or re-confirm your order
with the correct information. Where we do not
receive a response from you within seventy-two (72)
hours, we will cancel your order and refund you via
the means payment was taken.
2.3. Contract Period. Unless otherwise agreed in
writing, all services are provided on a yearly
basis. The minimum contract period is one (1) year.
The contract and billing period start from the date
the service is ordered by you from us.
3. Billing and Refund Policy
3.1. Payment Policy. All fees for Service
provided by the Company are due in advance on the
first day of each billing cycle. An invoice for
Services due will be generated on your account and
dispatched to your primary account e-mail address
approximately five (5) days prior to your actual
due date. Within those five (5) days, the Customer
must login to the billing center and make full
payment of all due amounts. It shall be the
Customer's responsibility to ensure that full
payment is received prior to the designated invoice
due date. Reminder invoices and/or notices are not
guaranteed.
All invoices that remain unpaid after thirty (30)
days of the designated invoice due date will result
in suspension of all services, pending
deletion.
3.2. Refunds Policy. Except for the initial 30 day
trial period money back guarantee, all other
payments to us are final and non-refundable.
Refunds will be made where we are legally obligated
to do so. We may also provide refunds at our
discretion. If you believe you have been
overcharged or falsely billed, you must communicate
these concerns to our Billing Department within
twenty-eight (28) days of such overcharge or false
billing.
3.3. Bank Assisted Disputes ("Chargeback"), Payment
Disputes or Payment Reversals. Initiation of any
complaint or Bank Assisted Dispute (chargeback)
against us constitutes a severe breach of this
agreement. A "complaint or chargeback" shall be
defined as initiating any form of complaint or
chargeback with PayPal, your credit card issuer or
bank. Upon receipt of a complaint or chargeback, or
threat thereof, Active Dot will immediately suspend
or disconnect all Services provided to the
Customer. If we do not hear from you within
twenty-four (24) hours of such suspension, we will
immediately cancel and terminate all Services
provided, not just the Service that is being
disputed. We will then initiate proceedings with
our collections agency to collect and recover the
full amount for services. Please note that threats
of a complaint or chargeback will be treated the
same as an actual complaint or chargeback
4. Cancellation Policy
4.1. Cancellation Policy. You may cancel your
Services with Active Dot at anytime by providing
the Company with not less than five (5) days prior
written notice of your intent to cancel Services.
All cancellation requests must be submitted to us
via our online support page, must be submitted to
the billing department, and must contain all
information requested. Cancellation requests
received not meeting these conditions will not be
accepted.
We must emphasize that if you do not cancel a
Service at least five (5) days prior to your next
scheduled due date for that Service, it will be
assumed that you intend to renew the Service for an
additional billing cycle, and you will be
responsible for payment of the next generated
invoice
We may at our discretion accept cancellation
requests less than five (5) days prior to your next
scheduled renewal date.
5. Uptime/SLA Agreement
5.1. Service Level Agreement. Active Dot
guarantees at least 99.9% network and power uptime.
This excludes scheduled maintenance, reboots,
self-inflicted downtime, acts of God, backbone
issues, DDoS attacks, hardware failure, downtime on
individual servers, service failures, labor
strikes, or other conditions out of the company's
control. In the unlikely event that we fail to meet
our network uptime guarantee, we will issue a
prorated credit to your account to be credited to
your next invoice.
6. Support Policy
6.1. Support Abuse. Abuse or disrespect
directed towards our staff or network staff will
never be tolerated. If you are disrespectful, use
foul language, threaten us, or do anything else we
may find offensive, you will be considered in
severe breach of this agreement. Violations of this
policy carry heavy penalties including, but not
limited to, warning, extended suspension or
disconnection of all Services provided, or
cancellation of all Services provided.
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