Terms & Conditions
Welcome to Fusionhost. The following Terms and Conditions (“Terms”) apply when you view or use this website (“Site”) or the services we provide (“Services”). These Terms are a binding legal agreement between you and GoFusion Limited, the operators of the Site and Services (“Fusionhost”, “We”, “Us” or “Our”).Please review the following Terms carefully. By accessing or using the Site or Services, you signify your agreement to these Terms. If you do not agree to these Terms, you may not access or use the Site or Services and you must discontinue use and exit immediately.
1. PRIVACY POLICY
The Company respects the privacy of its Service users. Please refer our Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.
2. SERVICES
We offer our Services, including our hosting and virtual private network (“VPN”) services, subject to these Terms. By requesting any of the Services, you expressly agree to abide by these Terms. You are eligible to use the Site or Services if you are:
(a) Of legal age and capacity, and
(b) Legally authorised to do so, including if acting on behalf of a business or organisation.
You agree to use the Site and Services at all times in accordance with applicable laws.
3. REGISTRATION AND CREATING AN ACCOUNT
3.1 To use the Services, you may register on the Site and create an account. You do not need to register to use the Site. Registration is done by filling out a form electronically and providing requested information. As a condition of your use of the Site or Services, you warrant that:
(a) all information supplied by you is true, accurate, current and complete, including, but not limited to your name and e-mail address.
(b) you will keep registration information accurate and up-to-date, and
(c) you are responsible for and will safeguard your account information, including your password and log-in credentials which gives you access to your account and the security of which is your responsibility.
3.2 It is important that you provide correct information and keep your contact details current at all times so that we can effectively provide the Services to you.
3.3 All new accounts are normally setup within an hour from making your request for Services and placing your order, however our sales team may contact you for security verification of your order. Once your account is active, server creation is in real time.
3.4 Fusionhost reserves the right to terminate or suspend any account, or service, without reason.
4. PRICES AND PAYMENT
4.1 Services are offered conditional on prompt payment. Prices for Services are as described on the Site. Payment may be made on a monthly, semi-annually or annual basis as described on the Site. We reserve the right to make changes to the Services we offer and their pricing from time to time including introducing and discontinuing certain services or offers.
4.2 You agree that Fusionhost shall be permitted to charge your credit or debit card automatically on a monthly, annual or other agreed upon basis in advance of providing services.
4.3 Subscriber is responsible for any additional Bank fees, interest charges, finance charges, overdraft charges or any other fees resulting from charges billed by Fusionhost.
4.4 Upgrading and Downgrading a Service within your billing cycle will result in Pro-Rata charges and credits on your account. Pro-rata credits are only possible where the Subscriber retains at least one service and are not refundable in the event of service or account cancellation.
4.5 Once Cloud and VPN service has commenced, the subscriber agrees that the minimum term of service applies and no refunds will be provided.
4.6 All Microsoft OS servers deployed on our clouds must conform with the Microsoft Service Provider License Agreement. As such, any Windows server you deploy will automatically be licensed and added to your account within 48 hours of deployment.
4.7 In the event of non-payment, we reserve the right to suspend or terminate the Services without notice. Non-payment occurs if we do not receive full payment when due in accordance with our billing terms. Service may be interrupted on accounts that reach 14 days past the due date. Service will be suspended on accounts that reach 30 days past the due date. Please ensure that all your payment details are correct and current: an expired credit card may result in non-payment and we shall have no liability in such instance. Suspension or termination of Services, will not relieve you of responsibility for the payment of all monies owed and accrued charges.
4.8 Accounts not paid by 30 days past the due date may also be subject to a late payment fee as described in clause 4.5 below. We reserve the right to charge an administration fee for re-activation of any suspended account suspended which shall be £25.00. Accounts not paid by 60 days past the due date will be terminated.
4.9 In the event of non-payment, we reserve the right to turn over your account to an outside collection agency for collection of outstanding monies and accrued charges. You will be responsible for collection and administration fees involved in the collection of the funds. If you desire to cancel your account, you must contact us through the correct contact information found on this Site, and receive full confirmation before considering your account closed. Until a confirmation email is sent to you confirming account closure, your account will continue to be billed.
4.10 If payment is not made when due, we reserve the right to charge interest at the rate of 10% on all overdue balances for the period from the date on which payment became due until the date on which payment is made. In addition each overdue invoice will attract a late payment compensation fee of £40 if the invoice is under £1000, and £70 if the invoices is in the amount of £1000 and over.
5. DOMAIN NAMES
Domain Name Registration
5.1 We accept new domain name registrations and verify the domain name through email for security confirmation. We register new domain registrations as possible after payment has been processed and verified.
5.2 When you register a .uk domain name, we will register it with Nominet on your behalf. You need to comply with Nominet’s terms and conditions which may be viewed on its website.
5.3 When you register a .uk domain name you are entering into two separate binding contracts: one is with us and the other is with Nominet, the registry for all domain names ending in .uk. Registering a .uk domain name entitles you to be a domain name holder and use it for an initial period of 2 years. However, you do not become the owner of the domain name. If you do not renew it at the end of the two year period, it becomes available for other potential applicants.
5.4 Upon registration, it is important that you provide us with accurate contact details so that we and Nominet can contact you about your domain name in the future, for example to renew it for you at the end of the initial registration period. We will do all we can to ensure that your details are submitted correctly during registration as provided by you. As our system is automated, you are advised to check that all details are correct before submitting the domain for registration.
5.5 Once a domain name registration request has been completed no refunds can be made by Fusionhost. No refunds can be made if registration attempts have been made by you within 48 hours of attempting to register the domain through Fusionhost
5.6 Until you receive confirmation of registration from Fusionhost there is no guarantee that the domain name requested has been accepted and will be registered.
Indemnity
5.7 You agree that all details provided by you in respect of a domain name registration are true and correct. You warrant that the registration of the requested domain name and the way in which it is used (directly or indirectly) does not and will not infringe the legal rights of any third party. We do not accept any responsibility for the use of registered domain names especially where there may be conflict over rights to ownership. You hereby indemnify and hold harmless Fusionhost (including its directors, officers and personnel) from and against any costs, claims or legal proceedings arise as a result of the registration of a domain or your conduct hereunder.
Domain Name Renewals
5.8 Domains purchased with web hosting packages are renewed each year at the same time as the package itself. After any registration period has lapsed registration renewal may be made upon receipt of payment of renewal fees. You can renew your domain name up to six months before it is due to expire. You can choose to renew the domain with Nominet at a higher rate. Just let us know that you would like to renew the domain name and we can renew it for you with Nominet. If you do not contact us about the renewal, you will receive a renewal reminder email from Nominet suggesting that you should contact us and ask us to renew the domain name for you. If you still do not contact us, you will receive a pro forma invoice from Nominet for the renewal by email and post seven days after the domain name is due to expire. This is because under the terms of your contract with Nominet they cannot cancel the domain name unless they have contacted you to remind you to renew it.
Domain Name Transfers
5.9 Transfer of a domain away from our registrar to a new registrar (a third party) requires cancellation of the associated hosting account. This policy is in place due to transfers out which leave accounts inactive, wasting server resources. You must provide at least 10 working days notice in writing to transfer a domain away. If the domain is associated with a purchased web hosting package, this package must be in an active status with at least 10 working days left on its contracted period. Domain transfers will be declined due to any outstanding monies on the account or pending abuse investigation or a violation of these Terms.
6. SPAM AND UNSOLICITED COMMERCIAL EMAIL
6.1 Fusionhost has a zero tolerance approach to the sending of unsolicited commercial email or SPAM over our network. Very simply this means that customers of Fusionhost may not use or permit others to use our network to transact in spam messages. Violations of this policy carry severe penalties, including termination of Services. Upon notification of an alleged violation of our SPAM policy, we will initiate an immediate investigation (within 12-24 hours of notification). During the investigation, we may restrict your access to the network to prevent further violations.
6.2 If you are found to be in violation of our SPAM policy, we may, at our sole discretion, restrict, suspend or terminate customer’s account. Further, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Fusionhost will notify applicable law enforcement agencies or officials if the violation is believed to be a criminal offence.
6.3 First violations of this policy may result in an Administrative Fee of £100 at our discretion and your account will be reviewed for possible immediate termination. A second violation will result in an Administrative Fee of £399 and immediate termination of your account. Users who violate this policy agree that these fees will be paid on request. We reserve the right to charge up to a total of £3000 for spam related violations due to costs which may be enforced on us by data carriers or data centre administration fines.
6.4 As our resellers are ultimately responsible for the actions of their clients over the Fusionhost network, it is advisable that resellers develop a similar, or stricter, policy for their clients. Our customers are solely responsible for the use of their hosting account at all times.
7. PROHIBITED USE
You may not engage in any of the following prohibited conduct. For avoidance of doubt the hosting of, reference to, usage or linking to any of the following is also not allowed. You must not engage in, commit or encourage any of the following:
- Violations of any copyright or any other right of a 3rd party
- Threatening, abusive, harassing, defamatory statements.
- Promotion of illegal activities (info on hacking, cracking etc)
- Hosting or linking to copyrighted files without permission
- Information, instructions, links, etc containing malicious code
- Hate speech or hate propaganda
- Scripts or systems that cause server performance issues
- Misrepresentation of member’s identity, or impersonation
- Collection of personal information for illegal purposes
- Collection of personal information without users permission
- Content that is deemed by Fusionhost, in its sole discretion, to be harmful to Fusionhost
- Solicitation or sale of any harmful/illegal products or service
- Use of high resources, or high bandwidth which affects other users, customers and server performance
Websites are subject to network abuse and high resources, including CPU and memory usage. We reserve the right to suspend or terminate the website or any user which uses high bandwidth or resources that affects our users, customers or server performance.
By using our Site or requesting or enquiring about our Services, you agree to act in a courteous manner at all times when interacting with us. Fusionhost does not tolerate abusive, threatening or inappropriate behaviour and you agree to not engage in any such behaviour with Company’s officers, directors, personnel or agents. We reserve the right in our sole discretion to deny access to anyone to the Site or Services at any time and for any reason, including, but not limited to, for violation of these Terms.
8. CONSUMER CANCELLATION RIGHTS
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel our contract to provide the Services. You will have this right if it is a consumer, meaning an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession. This right does not apply to non-consumers. If you are a consumer you have the right to cancel up to 14 days after our contract is entered into. The Client will no longer have this right after we have performed the Services. If we have begun to provide the Services during this cancellation period, you will need to pay for the provision of Services up until point of cancellation. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement by letter sent by post to our address at GoFusion, 21 Emma Place Ope, Plymouth, PL1 3FD. You must send us this statement before the cancellation period has expired. If you cancels in accordance with the above, we will reimburse you all payments received in respect of the cancelled Services minus the cost of Services up until point of cancellation.
9. Refund Policy
9.1 Once a domain registration request has been completed no refunds can be made by Fusionhost. No refunds can be made if registration attempts have been made within 48 hours of attempting to register the domain through Fusionhost.
9.2 All account holders can request to cancel their account within 30 days to receive a refund excluding domain registration costs. No refunds can be issued after this period of time. Refunds are given in cases of defective or unsatisfactory Services but not on the basis that of “finding a better deal”.
9.3 Subject to clause 8 above:
(a) No refunds are issued in respect of any account where the holder has violated these Terms.
(b) Refunds are issued in our sole discretion.
(c) Cloud server, VPN and Domain Names payments are non-refundable.
10. DATA STORAGE & WEBSITE RECOVERY
You are solely responsible for the backup of files and data on your account, especially and including your hosting account. We do not duplicate your information for backup for customer privacy reasons. We provide free backup storage space for our non Cloud and VPN customers: this should be used to make necessary backups of all data. We cannot recover your data so please ensure that is backed up at all times. We accept no responsibility or liability for lost data. Please note that we keep backup copies of websites stored on our servers for disaster recovery purposes for 7 days. We recommend that you make regular backup of the information stored on our servers. There shall be a fee of £25.00 chargeable for recovery of each website.
11. INDEMNIFICATION
You agree to indemnify and hold harmless Fusionhost, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable legal fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of our website or Services in violation of these Terms or applicable law whether or not such use is by you or any person using your log on information and regardless of whether such person has been authorized to use the Services by you.
12. INTELLECTUAL PROPERTY
All rights in the contents of this Site are held by Fusionhost or its licensors and are protected by UK and international copyright laws. ‘Fusionhost’, the Fusionhost logo, brand and service mark are all the intellectual property of Fusionhost, whether registered or unregistered trademarks, and may not be used without prior written consent. All rights are reserved. No part of this Site may be copied or reproduced without our prior written consent.
13. DISLAIMER
13.1 Fusionhost will not be responsible for any damages your business may suffer. Fusionhost makes no warranties of any kind, expressed or implied for the Site or Services. Fusionhost 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 Fusionhost and its employees.
13.2 We shall not have any liability for any delay, omission, failure or inadequate performance of the Services which is the result of circumstances beyond our reasonable control. Where this occurs, we will notify you in writing as soon as is reasonably possible and use reasonable endeavours to overcome the problem as soon as practicably possible.
13.3 FUSIONHOST DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW FUSHIONHOST DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS AND ‘AS AVAILABLE’ BASIS.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUSIONHOST SHALL NOT BE LIABLE FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, LOSS OF PROFIT, DATA, BUSINESS, GOODWILL, TURNOVER OR ANY OTHER LOSS ARISING FROM ITS PERFORMANCE OR NON-PERFORMANCE OF ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THESE TERMS, THE SITE OF SERVICES, EVEN IF FUSIONHOST HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES
NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF FUSIONHOST AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAID OR PAYABLE BY YOU USTOMER FOR THREE MONTHS OF SERVICE.
15. MODIFICATIONS
These Terms may be modified from time to time by us. Please check this space regularly for such updates. Continued use of the Services constitutes acceptance of any updated or modified Terms. Any updated Terms can also be requested by emailing support@fusionhost.co.uk. If you do not agree to our Terms you should contact us to have your account terminated immediately.
16. GOVERNING LAW
The laws of England shall govern these Terms and the parties thereto irrevocably submit to the jurisdiction of English Courts.
