Contact & Billing Information:
Upon account creation or purchase of service, you must provide us with, and keep current, accurate contact information for yourself or your entity. This includes but is not limited to email addresses - not based on our servers - financial information, jurisdiction information and telephone contacts. Maintaining accurate and updated information with us is required by applicable law. It is your responsibility to ensure the email address on file is current or up to date always. We are not responsible for any claim, damages, fees, or otherwise because of accounts terminated or suspended due to inaccurate or unusable contact information. Providing false contact information of any kind may result in the termination of your account. You can update this information at any time in your client dashboard, email, or by telephone.
Pricing:
Foundation Hosting ("us", "the service provider" and "the company") reserves the right to change pricing terms on any accounts and services at any time. While we have little control over third-party licensing where prices can go up outside of our control, we will never increase existing clients web hosting account plan price unless absolutely necessary. New accounts for current customers are subject to the current fees at the time the new account is opened.
Billing and Payments:
You agree to pay Foundation Hosting ("us", "the service provider" & "the company") in advance for the services to be rendered. Subsequent payments are due on the anniversary date of your plans term. You agree that until and unless you notify us using the proper cancellation request system, in our client area, for all services received, those services are considered active, billable, and will be billed on a recurring basis. Client agrees to all annual and longer-term recurring charges that are not canceled at least 30 days before the next renewal date. It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. Foundation Hosting ("us", "the service provider" and "the company") reserves the right to bill your credit card or information on file. We are not responsible for any fees accessed on the client by their bank because of the client's account being invoiced. Foundation Hosting ("us", "the service provider" and "the company") provides a 5-day grace period from the time invoices are generated, however, invoices not paid by due date are subject to a late fee of £5 plus 10% (ten percent) interest of the past due amount. Service will be interrupted on accounts that are 5 days past due. Service interrupted for non-payment will remain disconnected until the account balance or contract term is paid in full.
Refunds
Activated services or products are eligible for a refund if they have been active for less than 5 days. Services which have not yet been set up may be eligible for a refund. Account credit is ineligible to be refunded. Refunds are not available anytime for domain names, SSL certificates, licenses. Refunds will not be provided if you have violated any policy set out in our Terms of Service or any other agreement set out by Foundation Hosting. If you're unhappy with your service at Foundation Hosting ("us", "the service provider" and "the company") we do all refund requests through our support team. Charging us back through your bank/PayPal or any other payment gateway is forbidden and will result in your client account being terminated & you will not be able to shop with us again.
Any chargebacks or unauthorized refunds will be reported to our debt collection agency for collection, any fees associated with this will be paid by the debtor. If the fee isn't paid within seven (7) days, the client risks the chance of his/her service being suspended and/or terminated without any refund and/or credit.
PayPal subscriptions are the responsibility of the client. If the client cancels their product/service, it is their responsibility to cancel their PayPal subscription. Foundation Hosting ("us", "the service provider" and "the company") is not liable to refund subscription payments or payments for renewal of services.
Termination:
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason, including without limitation if you breach the Terms set out in this or any other agreement we see applicable.All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Threats and unlawful conduct:
You may not use our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Use of our services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another company or individual will result in immediate and permanent termination of your account(s).
Fraud:
Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters." Adding, removing or modifying identifying network header information to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Impersonation involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Attacks and Exploits:
Any activity which affects the ability of other people or systems to use any services or other Internet services. This includes "denial of service" (DOS) attacks against ourselves, another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client's responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others or penetrate security measures of other systems.
Disputes:
Sometimes, our clients present disputes to us that may require our attention. This may include ownership disputes, copyright disputes etc. In the event that a dispute arises, we deal with it via means of consulting all parties involved to obtain context and knowledge of the situation to make an appropriate decision, with clarity. Please contact our team regarding our disputes policy.
Indemnification:
Client agrees to defend, indemnify, and hold Foundation Hosting ("us", "the service provider" and "the company") harmless from any and all demands, liabilities, losses, injury, costs, and claims, including reasonable attorney's fees, asserted against us, our agents, our customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold or supplied, infringing on proprietary rights of a third party, , copyright infringement, or defective products by customer, our agents, employees or assigns. .
Governing Law:
By using any Foundation Hosting ("us", "the service provider" and "the company") services, you agree to submit to binding arbitration. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Each party agrees that any action arising out of or in connection with this Agreement shall be handled by an arbitrator of Foundation Hosting (us, the service provider)’s choice. The arbitrator's award is final and binding on all parties. You, the client, are also responsible for all costs related to such arbitration. The language of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. Each party agrees that, whenever a party is requested to execute one or more documents evidencing such consent, it shall do so immediately.
Disclosure:
Foundation Hosting ("us", "the service provider" and "the company") will cooperate with law enforcement agencies. We will only disclose subscriber information including assigned IP numbers, account history, account use, etc. to a law enforcement agent or official that provides an authentic court order or other lawful request.
Disclaimer:
We are not responsible for any claims resulting from the use of our service. We are not responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for any services. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and all service interruptions regardless of cause. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, the client agrees that the company shall not be liable for any damages, loss, or injury.
You are not eligible for a refund if you violate any terms in this agreement or any other agreement we think is applicable.
If the fee isn't paid within seven (7) days, the client risks the chance of his/her service being suspended and/or terminated without any refund and/or credit. PayPal subscriptions are the responsibility of the client. If the client cancels their product/service, it is their responsibility to cancel their PayPal subscription. Foundation Hosting ("us", "the service provider" and "the company") is not liable to refund subscription payments or payments for renewal of services
