1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply the Services to you which apply in addition to the Service Specific Terms (see clause 3.1 below).
1.2. Why you should read them. Please read these terms and your Service Specific Terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or the Service Specific Terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are 4X Hosting Ltd a company registered in England and Wales. Our company registration number is 11226791 and our registered office is at Sterling House, Fulbourne Road, Walthamstow, London, England, E17 4EE. Our registered VAT number is GB360650905.
2.2. How to contact us. You can contact us using the following methods: -
Live Chat www.4xhosting.com
Communication and support services are provided between 24 hours a day, 7 days a week (Hours of Support), during these hours we will endeavour to respond to any questions within 4 hours.
2.3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your order.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1. The Contract shall consist of the following documents which shall if there is any conflict or inconsistency between them, to the extent of any conflict or inconsistency only, shall have the following order of priority:-
3.1.1. these terms; and
3.1.2. any Service Specific Terms.
3.2. How to order Services All Services are ordered on-line through www.4xhosting.com (our website). Services are selected by you via our website ordering process, required information is collected and may require verification, payment is taken, Terms and Agreements are accepted, and e signed as required. Your order is an offer to buy our services. Once you have placed an order you will receive notification from us via e-mail acknowledging that we have received your order. Please note that this does not mean that your order has been accepted by us.
3.3. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.4. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Services or because we are unable to meet a delivery deadline you have specified. The key aspects that would mean you would not be successful in ordering services would be Incorrect or in-valid information, unsuccessful payment method, or not signing the required Terms and Agreements.
4. OUR SERVICES
4.1. The Services are as detailed on our website in the terms that are specific to the services that you order (“Service Specific Terms”). The Services include any portal, feature or function and support service provided as part of the Service.
4.2. Unless we have agreed otherwise in your Service Specific Terms all Services are provided on the following basis: -
4.2.1. We are not responsible for the provision of any applications on your server. You are solely responsible for the accuracy of all the applications running on servers you hold on our Service and should carry out backups.
4.2.2. We shall be entitled to access to your server strictly as is necessary to carry out our obligations under this contract and for no other purpose. Nothing in this clause shall prohibit us from acting or refusing to use as we deem appropriate if we believe that your server breaches any law.
4.2.3. You confirm that you either own or have the relevant permissions to use the applications for the purpose in relation to which we provide the Services. By entering into this contract, you give us permission to hold any applications within our platform or any third-party platform supporting our Service.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Services you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services, the timing of supply of the Services or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1. Minor changes to the Services. We may change the Services:
6.1.1. to reflect changes in relevant laws and regulatory requirements; and
6.1.2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not fundamentally change the features and operation of the Service.
6.2. More significant changes to the Services and these terms. We may make changes to the Services which do fundamentally and detrimentally change the features and the operation of the Service, but if we do so we will notify you and as per clause 8.1 you may end the Contract.
7. PROVIDING THE SERVICES
7.1. When we will provide the Services. During the order process we will let you know when we will provide the Services to you. We will also tell you during the order process when and how you can end the contract.
7.2. We will supply the Services to you unless you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
7.3. We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.
7.4. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to you. If so, this will have been requested of you during the order process. We may also contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the required or correct information, we need within a reasonable time of us asking for it.
7.5. Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services to:
7.5.1. deal with technical problems or make minor technical changes;
7.5.2. update the Services to reflect changes in relevant laws and regulatory requirements;
7.5.3. make changes to the Services as requested by you or notified by us to you (see clause 6).
7.6. Your rights if we suspend the supply of Services. We will try to contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. If we have to suspend the Services for longer than 24 hours in any week, we will adjust the price so that you do not pay for Services while they are suspended. You may contact us to end the contract for the Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than  concurrent calendar days and we will refund any sums you have paid in advance for the Services in respect of the period after you end the contract.
7.7. We may also suspend supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see clause 12.4) and you still do not make payment within 7 calendar days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not suspend the Services where there is a genuine dispute in relation to an unpaid invoice (see clause 12.6). As well as suspending the Services we can also charge you interest on your overdue payments (see clause 12.5).
8. YOUR RIGHTS TO END THE CONTRACT
8.1. You can always end your contract with us. Your rights when you end the contract will depend on if there is anything wrong with the Service, how we are performing and when you decide to end the contract.
8.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below, the contract will end immediately and we will refund you in full for any Services which have not been provided. The reasons are:
8.2.1. we have told you about an upcoming change to the Services or these terms which you do not agree to (see clause 6.2);
8.2.2. we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed (see clause 12.3);
8.2.3. there is a risk that supply of the Services may be significantly delayed because of events outside our control;
8.2.4. we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than the period as defined in clause 7.6; or
8.2.5. you have a legal right to end the contract because of something we have done wrong.
8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). In relation to the Services, you have a legal right to change your mind and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in clauses 8.4 and 8.5.
8.4. How long do I have to change my mind? You have 14 calendar days after the day we email you to confirm we accept your order.
8.5. Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 8.1), you can still contact us before it is completed and tell us you want to end it. The contract will not end until the end of the current billing period following the request for cancellation. We will refund any advance payment you have made for Services which will not be provided to you.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1. Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2. How we will refund you. We will refund you the price you paid for the Services, by the method you used for payment. However, we may make deductions from the price, as described below.
9.3. Deductions from refunds. If you are exercising your right to change your mind: We may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then: your refund will be made within 14 calendar days of your telling us you have changed your mind
10. OUR RIGHTS TO END THE CONTRACT
10.1. We may end the contract if you break it. We may end the contract for a Service at any time by writing to you if:
10.1.1. you do not make any payment to us when it is due, and you still do not make payment within 7 calendar days of us reminding you that payment is due within 14 calendar days of non payment; or
10.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, (see clause 7.4).
10.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for Services we have not provided but will retain reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3. We may withdraw the Services. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least one calendar month in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.
11. IF THERE IS A PROBLEM WITH THE SERVICES
How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can contact our customer service team via any of the methods detailed in clause 2.2.
12. PRICE AND PAYMENT
12.1. Where to find the price for the Services. The price of the Services (which excludes VAT) will be the price indicated on the order pages when you placed your order. If any VAT is applicable, it will be shown on the final page before payment is taken. We take all reasonable care to ensure that the price of Services advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the Services you order.
12.2. We will pass on changes in the rate of VAT. If the rate of VAT changes, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
12.3. What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will regularly check and review prices before accepting your order so that, where the Service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Service's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. You do not have to proceed. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
12.4. When you must pay and how you must pay. You must pay for the Services in advance, with the first payment taken online from a credit or debit card and this payment method will then be used for the recurring payments unless you contact us to change the payment method or you cancel the Services as permitted under this Contract.
12.5. We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6. What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
13.2. Our liability to you for loss or damage that we are responsible to you for as detailed in clause 13.1 above, is limited to the price paid by you in the 12 months before the month in which the claim by you is made.
13.3. We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or loss of revenue.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1. How we will use your personal information. We will use the personal information you provide to us:
14.1.2. to supply the Services to you;
14.1.3. to process your payment for the Services; and
14.1.4. if you agreed to this during the order process, to inform you about similar goods, services or products that we provide, but you may stop receiving these at any time by contacting us.
14.2. We may pass your personal information to credit reference agencies. Where we extend credit to you for the Services, we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
14.3. We will only give your personal information to other third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS
15.1. We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Services, we can still require you to make the payment later.
15.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.