Xgeneration general terms of service
Xgeneration Limited (hereinafter referred to as “XGEN”), a provider of internet related services including connectivity, co-location, dedicated and shared server, website hosting and domain name services. These General Terms of Service (‘the Terms’) set out the terms under which XGEN will provide Services to the Client (as such terms are defined below). The Terms should be read in conjunction with XGEN’s Acceptable Use Policy which can be viewed at: http://www.xgeneration.co.uk/xgeneration-aup/ and the Domain Transfer & Ownership Terms and Conditions which can be found at http://www.xgeneration.co.uk/domain-transfer-terms/. These Terms will be supplemented from time to time by order confirmation forms setting out specific details relating to services requested by the Client and, as so supplemented, will apply to the exclusion of any other terms and conditions including any which the Client may attempt to introduce. XGEN reserves the right to change, add, subtract or in way alter these Terms without the prior consent of the Client.
To the extent that the Client is deemed to be a consumer (as defined by the Unfair Contract Terms Act 1977) then these Terms will not affect the rights of the Client as a consumer and will apply to the extent that applicable law allows.
By logging into your account or updating files, or by signing an XGEN order form you are deemed to have accepted these Terms.
These Terms are divided into seven parts, however all parts may not apply in every case:
In these Conditions, the following expressions will have the following meanings, unless inconsistent with the context:
A person, organisation, or establishment indirectly associated with XGEN.
the agreement between XGEN and the Client for the provision of Services formed by these Terms, any product specific terms and conditions and the Order Confirmation(s)
any Software and/or Equipment
in respect of either party, a subsidiary or holding company of that party or any subsidiary of such holding company and the terms “subsidiary” and “holding company” will have the meanings given to them by section 1159 of the Companies Act 2006.
a day which is not a Saturday or Sunday or public or bank holiday in England and Wales
You are a business customer if you are an commercial entity or an individual (a) registering, using or planning to use the Requested Domain as part of a business trade or profession; (b) purchasing a Domain name during the a “Sunrise” or “Landrush” period as defined in the Domain Name Conditions for the Domain Name Registry (c) at your sole discretion, purchasing a Domain Name for financial or Commercial gain, including, without limitation, for the sole purpose of placing advertisements on the Domain Name; (d) purchased 10 or more Domains and purport to act as a business customer as defined.
9am to 5pm on each Business Day
data, text, images, graphics, videos, logos and other content and material, hardware or equipment provided by the Client in connection with the Agreement for use by XGEN in providing the Services
as identified on the Order Confirmation(s)
You are a consumer if You are an individual not: (a) registering, registering, using, acquiring, purchasing or planning to use the Requested Domain(s), Hosting package(s) or any other service of XGEN as part of a business trade or profession; (b) at Your sole discretion, purchasing a Domain Name(s), Hosting package(s) or any other service of XGEN for financial or commercial gain, including, without limitation, for the sole purpose of placing advertisements on the Domain Name(s), Hosting Service(s) and/or any other service of XGEN. For the sole purchase of Domains, You shall not be treated as a consumer under the contract if You have purchased or are the registered holder of 10 or more Domain Names or if You purchase a Domain Name(s) during a “Sunrise” or “Landrush” period as defined in the Domain Name Conditions for the Domain Name Registry.
the Client’s computer system upon which the Software is loaded or otherwise in connection with which the Services are provided
these conditions (in five parts) to be read in conjunction with the Order Confirmation(s)
“Continuous Payment Authorities”
A CPA agreement is not a Direct Debit. A CPA is a regular payment that You arrange which authorises XGEN to take payment from your debit or credit card account. It is not an agreement with your bank or card company.
any defect in systems having a material effect on the Client’s use or operation of the Services or any failure by any Ancillary System to comply with any term of Part 2 of these Conditions
those domain registration and other related services (if any) provided to the Client by XGEN pursuant to the Agreement, as described on a relevant Order Confirmation
any hardware, cabling and/or other equipment provided to the Client by XGEN in connection with the Agreement
the charges due to XGEN under the Agreement in relation to the Services, as set out on the Order Confirmation(s)
Internet Corporation for Assigned Names and Numbers. A California nonprofit, public benefit corporation of which SRSplus is an accredited registrar.
the period of months from the date of the relevant Order Confirmation or, where different, any other period stated on the Order Confirmation or otherwise.
“Registered Account Holder”
You are the Registered Account Holder if you have purchased a service from XGEN for yourself, for a Company or otherwise and control the management of the services. You may grant XGEN the permission to store your registered card details for future payments or otherwise. You have the permission to purchase or cancel the Service(s) or any additional Service(s) that you have purchased.
“Intellectual Property Rights”
any and all patents, trademarks, service marks, copyright, moral rights, rights in design, know-how, confidential information and all or any other intellectual or industrial property rights whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world together with all or any goodwill relating to the same
generally accepted standards and codes of practice for use of the internet including but not limited to a prohibition on sending bulk unsolicited email, mail bombing or impersonating another person, organisation or website
the order confirmation form(s) submitted by XGEN to the Client by email or otherwise in writing for the provision of the Services, in response to the Client’s order or request
means Xgeneration Limited, registered in England and Wales (Company No. 03385197), whose registered office is at Unit 6, Vicarage Farm, Halliford Road, Sunbury-upon-Thames, Middlesex, TW16 6DW
those development, implementation, consultancy, hosting and other services (if any) provided to the Client pursuant to the Agreement, as described on a relevant Order Confirmation, together with any Support Services and Domain Services
any communications or other software provided to or made available to the Client by XGEN in connection with the Agreement, but excluding Third Party Software
those support and maintenance services provided to the Client pursuant to the Agreement, as described on a relevant Order Confirmation
the hours 9am to 6pm on each Business Day during which XGEN will provide the Support Services, as set out on a relevant Order Confirmation
“Third Party Software”
any software identified as third party software (if any) to be provided to the Client pursuant to the Agreement, as set out in a relevant Order Confirmation
“Use the Software”
to load the Software onto and store and run it on the Client System and/or Equipment in accordance with the terms of the Agreement
XGEN shall respond via the same medium the Client contacted XGEN, within a reasonable time. In regards to complaints relating to abusive registration or hosting, Clients agree to contact XGEN in writing at email@example.com XGEN shall endeavour to respond to such matters within 10 days of receipt of the complaint. All other complaints shall follow the XGEN Complaints and Appeals Procedure.
The Client will fully indemnify and keep XGEN and its Associated Companies, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including legal fees) whatsoever incurred by it and arising from any of the following:
Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of XGEN or the Client, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party’s workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.
Without prejudice to the remaining provisions of this clause 12 and any other rights and remedies available to XGEN :
13.Consequences of Termination
The illegality, invalidity or unenforceability of any provision of the Agreement will not affect the legality, validity or enforceability of the remainder. If any such provision is found by any court or competent authority to be illegal, invalid or unenforceable, the parties agree that they will substitute provisions in a form as similar to the offending provisions as is possible without thereby rendering them illegal, invalid or unenforceable.
16.Assignment and Subcontracting
The Client may not assign the benefit or delegate the burden of the Agreement nor sub-license any of its rights under the Agreement (including to its Associated Company) without the prior written consent of XGEN. Any consent provided by XGEN under this clause is given on condition that the assignee or licensee, as the case may be, agrees to comply with the terms of the Agreement as if they were the Client. XGEN may sub-contract or assign any or all of its rights and obligations under the Agreement.
No variation or amendment to the Agreement (including any Order Confirmation) is effective unless agreed in writing and signed by an authorised representative of XGEN.
Any notice to be given or made by either party under or in connection with the Agreement must be in writing and given or made to the other party at its address stated in the Order Form or to such other address as either party may from time to time notify to the other. Every notice, if so addressed, is deemed to have been duly given or made, if delivered by hand, upon delivery at the address of the relevant party, if sent by prepaid first class post, two Business Days after the date of posting and if transmitted by facsimile, at the time of transmission (provided a confirmatory letter is sent by prepaid first class post) provided that, where, in accordance with the above provisions, any notice would otherwise be deemed to be given or made on a day which is not a Business Day or after 4.00 p.m. on a Business Day, such notice shall be deemed to be given or made at 9.00 a.m. on the next Business Day. XGEN may additionally serve notice on the Client under or in connection with the Agreement by email to the Client by sending an email to the contact email address stated on the Order Confirmation(s),and in such a case the email will be deemed sent once transmitted from XGEN’s email server.
19.Applicable Law and Jurisdiction
The construction, performance and validity of the Agreement will be governed by English law and the English courts have jurisdiction to settle any disputes which may arise out of or in connection with it.
20.Provision of Software
The Client undertakes:
The Client may make only so many copies of the Software as are reasonably necessary for operational security and to Use the Software. Such copies and the media on which they are stored will remain the property of XGEN, and the Client will ensure that all such copies bear XGEN ‘ proprietary notices. The provisions of Part 2 of these Conditions will apply to such copies as it applies to the Software.
25.Third Party Software and Services
Any Third Party Software is supplied to the Client on the basis of the relevant third party’s standard licence terms provided to the Client with the relevant Third Party Software and with which the Client agrees to comply.
26.Provision of Support Services
|Network Connectivity Uptime in month||Credit Entitlement|
|From and including 99.99% to 100%||No Credit|
|From and including 99.9% up to and excluding 99.99%||10%|