Terms of Service

Important Legal Agreements

If you use the PayPal Billing agreement, you herby give permissions for Panda Host LTD to collect Invoice when they are due. If you continue to use it while ordering new services, you hear by give Panda Host LTD permmissons to alter the subcriptions to inclue or remove services due for payment. You can cancell you PayPal Subcription at any given time, by login in to your client area, under billing and PayPal Billing. The cancellation button will terminate all subcriptions. Please be awear, if you have no allocated funds or any other means of payment your services will be suspended upon over due invoices. Other options for payments are available. I.E none subcription based PayPal payments, Bank transfers, direct Debits and card payment methods.

Services

Panda Host LTD will provide Customer with what they signed up for within their order according to the fees indicated to the Customer before Panda Host LTD billed Customer. Customer also understands that unless Panda Host LTD is running a promotion, Panda Host LTD will not discount their price or provide anything more or less than what the customer signed up for without Customer upgrading their plan by a Panda Host LTD customer service representative. The payment term the customer selects while ordering is the effective term of this agreement.

Complaints

Here at Panda Host LTD we like to think we get it right all the time, every time but the truth of it is everyone gets it wrong from time to time. We can only improve on our services with valid feedback from you, our customers. If you wish to make a complaint about a service you have received, please submit an email to us at customer-service[@]pandahost.co.uk including as much detail from the issue you have. We will acknowledge your complaint within 1 business day and aim to resolve any issues within 5 business days. If you’re not happy with the initial outcome of your complaint and its regarding your .uk domain name, please feel free to escalate your issue to Nominet (the .uk registry) here: http://www.nominet.org.uk/disputes/complaining-about-registrar/complaints-procedure You can escalate complaint’s within the business, but if a resolution still cannot be reached you have to provide the registrant with Nominets complaints about a registrar process.

Customer Service Level

Please contact Panda Host LTD using one of the contact methods below, outside of office hours please email us at support[@]pandahost.co.uk. We will to respond to all points of contact within 1 business day and aim to resolve any issues you have within 3 business days.

Renewal Policy

All domains are renewed on an annual basis, I will send out invoices 60 days prior to your domain name expiring. I will send the invoice to the email address on the account, and it is the registrants responsibility to make sure their contact details are up to date. If you do not wish to renew a domain please make sure you contact us a minimum of 35 days before your domain expires by emailing support[@]pandahost.co.uk. Unless requests to the contrary are received, all domains are renewed automatically approximately 30 days before the domain name expires. If you request that you no longer wish to have your domain name renewed by us, it will be left to expire and all services I provide regarding that domain name will be suspended. Your domain name will then go into a 30 day protected period, after 30 days your domain will be suspended by Nominet and it will go into a 60 day grace period. If you change your mind and still wanted to retain your domain name, you still can and at the original renewal price. This must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar by Nominet. Will not guarantee the renewal of a domain name after this happens.

Transfer Out Policy

If you no longer wish to carry on with your contract with Panda Host LTD, please email us no less than 30 days before your services are due to be renewed. Panda Host LTD will not charge you for transferring a domain(s) away to another registrar’s tag. The customer acknowledges that, termination of the agreement for any reason will result in Panda Host LTD ceasing to provide the applicable services, with the consequences that flow from such cessation, including (but not limited to), deletion of data .e.g. hosting account(s) and mail boxes. .uk domain name registration and renewals are subject to Nominets (.uk domain name registry) terms and conditions http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration

Term

The initial service term of the Agreement shall begin on the date that Panda Host LTD generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of the same length as the Initial Term (each a "Renewal Term") unless Panda Host LTD or Customer provides the other with written notice of non-renewal at least Seven (7) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."

PayPal Subcription Based Billing

If you use the PayPal Billing agreement, you herby give permissions for Panda Host LTD to collect Invoice when they are due. If you continue to use it while ordering new services, you hear by give Panda Host LTD permmissons to alter the subcriptions to inclue or remove services due for payment. You can cancell you PayPal Subcription at any given time, by login in to your client area, under billing and PayPal Billing. The cancellation button will terminate all subcriptions. Please be awear, if you have no allocated funds or any other means of payment your services will be suspended upon over due invoices. Other options for payments are available. I.E none subcription based PayPal payments, Bank transfers, direct Debits and card payment methods.

Payments

Fees are payable in advance from three (3) days prior to the beginning of, to the first day of a new billing cycle. Customer's billing cycle shall be monthly as indicated on the Order, beginning on the Service Commencement Date. Panda Host LTD may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes Panda Host LTD to bill subsequent fees to the credit/debit card up to 3 days prior to, on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Panda Host LTD-Europe will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees will be issued fifteen (15) days prior to the 1st day of each billing cycle, and the fees shall be due on the first day of the new billing cycle. Payments must be made in selected currency. Customer is responsible for providing Panda Host LTD with changes to billing information (such as credit card expiration, change in billing address) At its option, Panda Host LTD may accrue charges to be made to a credit/debit card until such charges exceed £10.00. Panda Host LTD may suspend the service without notice if payment for the service is overdue. Fees not disputed within thirty (30) days of due date are conclusively deemed accurate. Customer agrees to pay Panda Host LTD's reasonable reinstatement fee following a suspension of service for non-payment, and to pay Panda Host LTD's reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

Fee Increase

Panda Host LTD may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

LAW/AUP

Customer agrees to use the service in compliance with applicable law and Panda Host LTD's Acceptable Usage Policy posted at http://www.Panda Host LTD.com/aup.php (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that Panda Host LTD may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of Panda Host LTD's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Panda Host LTD's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Panda Host LTD and Customer regarding the interpretation of the AUP, Panda Host LTD's commercially reasonable interpretation of the AUP shall govern.

Customer Information

Customer represents and warrants to Panda Host LTD that the information he, she or it has provided and will provide to Panda Host LTD for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Panda Host LTD that he or she is at least 18 years of age. Panda Host LTD may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contact.

Indemnification

Customer agrees to indemnify and hold harmless Panda Host LTD, Panda Host LTD's affiliates, and each of their 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 attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

Discliamer of warranties

Panda Host LTD DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Panda Host LTD DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

Limitations of damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Panda Host LTD 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 PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

Suspension of service

Customer agrees that Panda Host LTD may suspend services to Customer without notice and without liability if: (i) Panda Host LTD reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Panda Host LTD reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Panda Host LTD's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection. It remains the sole discretion of Panda Host LTD if an account is eligible for reinstatement.

Termination

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Panda Host LTD fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by Panda Host LTD prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Panda Host LTD-Europe describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

Cancellations

Customer is free to cancel their account at any time by logging into their control panel and canceling under their service page. Similarly, Panda Host LTD reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP. Dedicated server customers are required to submit service cancellations requests at least 30 days prior to its next monthly billing cycle.

Money back guarantee

Panda Host LTD offers 3 day money back satisfaction guarantee. If under the circumstances the customer is not happy with our services, Panda Host LTD agrees to provide a full refund of the service, excluding any setup fee's, control panel fees, and/or control panel addon fees. Customer may not modify their cancellation reasoning after it has been provided the first time. This policy is void if (a) customer shows signs of knowing they will cancel within 3 days (b) customer signs up for the purpose of canceling (c) customer has no record or signs of dissatisfaction in the Panda Host LTD helpdesk (d) If customer has multiple services, or has had service in the past. Customer needs to cancel their account via http://my.Panda Host LTD.co.uk and specify for immediate cancellation. After doing so, open a ticket with the billing department requesting a refund. Note that all control panel and licensing addons are non-refundable. No refund will be honoured on Dedicated servers, the 3 day money back guarantee does not apply. Accounts purchased under a promotion, with or without a promo code, are excluded from the 3 day money back guarantee. Any funds sent to Panda Host LTD which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.

Requests for customer informations

Customer agrees that Panda Host LTD may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that Panda Host LTD believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Backup and data loss

Panda Host LTD is not responsible for maintaining or creating backups of client data in any form. You, the customer, understand that you alone are responsible for creating, maintaining and restoring your own backups of your data. You, the customer, agree that Panda Host LTD is not responsible in any capacity, shape, method or form for ensuring your data is backed up or stored correctly. While Panda Host LTD will strive to maintain your data in its correct form you agree that you can not and will not hold Panda Host LTD responsible for any data loss, corruption or loss of backups and understand that storage on our services is provided without a warranty of any kind.

Changes to the Panda Host LTD Network

Upgrades and other changes in Panda Host LTD's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. Panda Host LTD reserves the right to change its network in its commercially reasonable discretion, and Panda Host LTD shall not be liable for any resulting harm to Customer.

Notices

Notices to Panda Host LTD under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://www.Panda Host LTD.co.uk. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

Force Majeure

Panda Host LTD shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Panda Host LTD's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on Panda Host LTD unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Panda Host LTD-Europe's prior written consent. Panda Host LTD's approval for assignment is contingent on the assignee meeting Panda Host LTD's credit approval criteria. Panda Host LTD-Europe may assign the Agreement in whole or in part.

Right to refusal without cause

Panda Host LTD may refuse to accept any customer or any website for participation in the Panda Host LTD hosting network as determined by Panda Host LTD at its sole discretion.

Late Fees

LATE FEES: HOSTING & SERVER - Any invoice that is marked as late will be charged with a late fee 1 day after a payment is due an invoice will be marked as late. 30 days after invoice date we remove the account from our servers.
OTHER FEES (Charge Back Fee: £50.00) - Customer and Panda Host LTD.co.uk agree that the actual damages to Panda Host LTD.co.uk resulting from late payment by Customer would be impractical and difficult to determine, and that the above described late fees and charges represent a reasonable and bargained for estimate of those damages at the time this contract is signed.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replaces any prior understanding or communication, written or oral.