1. Purpose: This is Nesia Hosting(“Nesia Hosting”, “we”, or “our”) Refund & Billing Policy. This Refund & Billing Policy discusses the ways in which we charge customers for use of the Services (as defined in the Terms of Service) and related questions about charges, refunds and billing disputes.
2. AUTOMATIC RENEWAL
- Package Renewal. AS SET FORTH IN OUR POLICIES, ALL HOSTING PLANS AND DOMAIN NAMES ARE SET TO AUTOMATICALLY RENEW ON THEIR RENEWAL DATE AFTER THE INITIAL TERM AND ANY RENEWAL TERMS TO PREVENT ANY DISRUPTION IN THE SERVICES. YOUR NEXT RENEWAL DATE IS LOCATED ON EVERY INVOICE AS WELL AS THE SERVICES AND DOMAINS SECTIONS OF THE CLIENT PORTAL.
- Domain Name Renewal. Domain names are set to AUTOMATICALLY RENEW ten (10) days before the expiration date to ensure no disruptions occur since URLs will immediately redirect to a landing page if a domain expires.
- Please note that all payment methods that allow charges to be automatically applied will be charged ten (10) days before the domain’s expiration date per the invoice. If your payment method of choice does not allow automatic payments to be applied, payment must be made manually on or before the invoice due date or the domain name may lapse.
- Charges. The Due Date for Fees for renewed packages is the package renewal date.
- Failure to Renew. Accounts that have invoices which are more than fourteen (14) days overdue will be suspended. If a suspended account is to be reactivated, all of the overdue invoices will need to be paid to make it current before the suspension is lifted. Accounts that have invoices more than two months overdue are considered abandoned and will be subject to termination.
3. Responsibility for Payment
- You are responsible for all charges, costs, expenses and other fees (the “Fees”) associated with your use of the Services once our Services are made available to you. Your first invoice is generated at the time you purchase the Services. An invoice for any Renewal Term is generated fourteen (14) days prior to the first day of the Renewal Term (the “Due Date”) unless other arrangements have been made or a cancellation request has been submitted from the client portal. You are responsible for the fees and charges set out within the initial web portal invoice you pay on the Effective Date and any other invoice generated for a Renewal Term. If paying by credit card, Paypal Billing Agreement, or any other payment method capable of automatic charge, you will be charged on the Due Date. New services, packages or domains that are ordered and unpaid after seven (7) days will be canceled.
- In the event that the customer fails to pay for services given, Nesia Hosting may assign unpaid late balances to a collection agency for appropriate action. You agree to reimburse Nesia Hosting for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses, if legal action is necessary to collect payment on balances due.
- Price Adjustments. To remain competitive, we occasionally make changes to our plans and pricing. To have your plan updated to current offerings please contact our billing team. We cannot go back and modify invoices that have already been paid but will be happy to modify your plan for new invoices.
4. Anytime Money Back Guarantee
- Certain Hosting Services carry an unconditional thirty (30) day satisfaction guarantee. To cancel your Hosting Services and receive a refund of our fees, you must contact us via the Client Portal within thirty (30) days from the Effective Date and a refund will be issued.
- If you cancel after thirty (30) days from the Effective Date, you will be issued a prorated refund, rounded up to the next full month of service. No refunds will be issued for partial months of service.
- Refund requests received after one hundred twenty (120) days from the Effective Date will be issued via PayPal. Refunds are not offered for partial months of service. Accounts that are terminated due to violations of our Policies are not eligible for a refund.
- All third party fees, including domain registration fees, setup fees and migration fees, are non-refundable, non-negotiable and excluded from our Anytime Money Back Guarantee. Further, SSL certificates have a Twenty Five (25) day refund window from time of purchase.
- For free domain registration promotions (.com, .net and .org), the retail price of the domain $14.95 will be deducted from any refund amount upon cancellation. You will retain the domain registration.
5. Refunds: Accounts that are terminated due to Terms of Service violations are not eligible for a refund. Domain registrations, setup fees and migration fees are not refundable. Service credits have no cash value and are extended at our discretion. Service credits expire if your account is fully terminated.
- All refunds are subject to the terms of service for any third party payment processor and those terms take precedence over the terms in the Terms of Services and our Policies. In the event we are unable to refund any fees or charges via the method of payment, we will use commercially reasonable efforts to return or credit the appropriate funds to you.
- If you paid us by credit card we will credit the card on file. If you paid us by PayPal, we will take steps to refund the PayPal account. If you paid us through another payment processor, we will take steps to refund the appropriate fees through that payment processor. If the information we have on file for your account is not up to date, your refund may not be completed. Refund requests of payments made to Nesia Hosting by bank transfer, check or money order or after one hundred twenty (120) days have passed on a credit card payment will be issued via PayPal only. If you cannot accept PayPal payments, you will not be eligible for a refund via other methods. Nesia Hosting is not responsible for fees deducted from any refund processed by PayPal.
6. Service Credit Eligibility
- Customers who at the time of the report of the claimed outage are not current on their invoices for the Services do not qualify for service Credits related to any outages.
- Customers who have not paid their invoices on time more than three times in the 12 months preceding the claimed outage are not eligible for service credits.
- In order to deliver a secure high performance hosting environment, we utilize certain automated systems to limit malicious and resource-intensive activity. In some instances, non-malicious activity can appear to be malicious and trigger our systems, which may limit your ability to use our Services as set forth in Section 3(d)(iii) of the TOS. Such limitations may result in bandwidth throttling or suspension or termination of your account, in our sole discretion. In these situations, any interruption, suspension or change in the availability of the Services will not be considered downtime and will not be eligible for a service credit.
7. Payment Methods; Currencies
- We accept payment via Visa, MasterCard, PayPal. By providing us with your account payment information, you give us consent to charge you on the Due Date of any invoices linked to the account. Please see our invoice for wire transfer banking information. Returned checks will incur a twenty-five dollar ($25) fee per instance.
- We accept multiple currencies as found on our website. Whenever possible we will attempt to charge in the currency you select upon checkout unless the payment gateway does not support the currency. In this case, the currency will be converted to USD and charged in USD. Prices in other currencies are shown according to exchange rates posted that day but may differ from your final rate given to you by your bank. Additionally, you may be subject to additional fees or other charges assessed or imposed by the administrator of your selected method of payment. Nesia Hosting is not responsible for these charges.
8. Charges for Account Upgrades, Downgrades and Migrations
- License. In connection with any data migration, you hereby authorize Nesia Hosting to access your data for data migration purposes. Before requesting Services that may require a data migration to occur, you hereby agree to backup all of your data on both the source and the target servers, as appropriate.
- Upgrades. When upgrading to a higher-priced hosting plan, we will migrate your account to the new Service at no charge. The data center migration fee is also waived if you choose to move to a new data center during the upgrade process. Upgrade requests are processed and effective only after payment for the package price difference is paid. If you would like to move to another data center without upgrading your account, there is a twenty-five dollar ($25) migration fee.
- Downgrades. When downgrading to a lower-priced plan, the difference between the amount of the current package price already paid over the new package price will be placed on the billing account as a service credit. Refunds will not be issued and a twenty-five dollar ($25) downgrade migration fee may be charged. Please contact the sales or billing department if considering an upgrade or downgrade to determine what options are suitable and to discuss pricing.
- Migrations From Other Hosts. All migration-related work is included as a Service for purposes of our Policies.
- All complementary migrations require the user to provide cPanel account credentials for their previous hosting environment. Clients who migrate from non cPanel hosting environments may incur a charge determined by the migration team and assessed based on the complexity of the migration.
- Lite, Swift and Turbo clients receive 1 (one) complimentary migration. If the previous host does not provide cPanel access, a migration fee may be assessed.
- Other Migration Situations. Some clients have specific migration needs, depending on our migration workload, we may be able to accommodate those needs. In these cases, you may incur a charge determined by the migration team and assessed based on the complexity of the migration and your specific needs.
9. Billing Errors; Chargebacks
- If you discover an error on your invoice please notify us as soon as possible by either calling or submitting a ticket to our Billing Department at https://my.nesiahosting.com/. We will honor invoice errors as long as we are notified of them within ninety (90) days. If more than ninety (90) days have elapsed we may decline the refund request. If a refund is in order it will go onto your account as a service credit to be used on a future invoice. Service credits have no cash value.
- If at any time you have questions or concerns regarding a charge from Nesia Hosting, please contact us at 1-888-LINUX-HOST (1-888-546-8946) or 1-734-222-4678 or submit a ticket at https://my.nesiahosting.com. Any received chargebacks will incur a fifty dollar ($50) investigation fee on the associated billing account and all services will be immediately suspended pending investigation. Nesia Hosting may reject the future use of payment methods from an account for which a chargeback has been previously issued. Upon receipt of a chargeback or payment reversal, the account related to the payment may be suspended or terminated.
10. Vat Tax
Canary Island (Las Palmas), Spain residents are considered “tax exempt” and are not charged a VAT Tax.
11. Server Integrity
11.1 Spam or Leeching
11.1.1 We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy at our sole discretion. We also reserve the right to make any such modifications that are urgent at our sole discretion.
11.1.2 We reserve the right to charge the customer of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of us, calculated by the number of messages sent, administration time and removal of spam blocks from external networks.
11.2 Publisher and Author of Website(s)
11.2.1 Nesia Hosting is not necessarily the publisher or author of any web site you host or create. If you are the publisher, author, or reseller, it is your responsibility to ensure your website(s) do not breach our terms and conditions or interfere with the server functions for other users. If your site, content or actions interferes with server functionality, causes network connectivity issues or attracts any form of distributed denial of service attacks (collectively, a ‘service interruption event’) whether on purpose or otherwise, then Nesia Hosting reserves the right to charge you for cleanup fees, loss of revenue, and other direct expenses caused by the service interruption event as applicable. Nesia Hosting reserves this right irrespective of whether you have explicit knowledge of the service interruption event or not. It remains entirely your responsibility to not host content that may have the potential to cause service interruption events.
11.2.2 Unless specifically hired as such, Nesia Hosting is not the web site publisher and is not responsible for, and does not endorse, the content hosted by or activities performed by you whilst using our services or by any sites you host.
11.2.4 From time to time, a client that experiences difficulties in publishing their web site or troubleshooting technical problems may request we publish their web site or modify their web site on their behalf. Charges may be applicable depending on the circumstances however we will notify the customer in advance.
11.3 Improper Content
11.3.1 All products and services provided by Nesia Hosting may only be used for lawful purposes. The customer agrees not to host materials or engage in activities as set out below. We reserve the right to refuse service based on these conditions.
11.3.2 Nesia Hosting does not endorse any web site content hosted on our network and the content remains the property of the web site owner.
11.3.3 You must not engage in any of the following activities:
– Defame embarrass, harm, abuse threaten, slander or harass third parties
– Use any IRC bots
– Use any proxy servers or other servers
– Hack sites or run malicious scripts
– Post pornographic material
– Post material which encourages unlawful behaviour by others, such as hate crimes or terrorism
– Run any sort of hate/extremist sites
– Engage in spamming
– Breach copyright, trademarks, servicemarks or patents. This includes the posting of Warez or pirated software on your service, or linking to such material even where such material is not controlled by Nesia Hosting.
– Engage in actions which are prohibited by the laws of Australia, and/or foreign territories in which you conduct businesses
– Post material which is tortuous, vulgar, obscene or invasive of the privacy of a third party
11.3.4 This is not an exhaustive list. Other activities deemed improper, illegal or dangerous may also breach this agreement.
11.3.5 If your web site is suspended and/or hosts any of the unacceptable material as set out above, we reserve the right to charge a clean-up fee for the administration time involved to attend to your account / server and update you on the issue at the standard rate of AU$512.00 per hour (minimum 1 hour).
11.3.6 It will remain your responsibility to resolve the issues after we inform you of the breach.
11.3.7 Our cPanel web hosting services may not be used to store any data which is not directly related to and accessible through the website itself.
11.11.1 Nesia Hosting offers free support and extended support which may incur a fee nominated by Nesia Hosting.
11.11.2 If you are experiencing difficulties or issues with any services or products, you are required to notify us of the issue immediately so we may resolve the issue.
11.11.3 If you do not notify us of the problem, no allowances will be made, as we have not been given a reasonable opportunity to resolve the issue.
11.11.4 We are an Internet Presence Provider (IPP) and are not responsible for the users Internet Connectivity through their Internet Service Provider (ISP), connection troubleshooting or computer setup. Please contact your ISP for assistance in these matters. You must allow a reasonable time period for your issues to be resolved.
11.5 Backups and Data Loss
11.12.1 Your use of our products and services is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain an appropriate offsite backup of files and data stored on our your account.
11.12.2 We are not liable for any data loss due to server failure, unforeseeable corruption of programs, hacking, or any other failure whatsoever.
11.12.3 We offer daily backups. Backups consist of website files, databases and email accounts. Nesia Hosting will make an attempt in good-faith to store at least one daily backup of the customer’s data at all times, subject to the following exclusions and limitations:
– Use of this service is entirely at the customer’s risk. The service does not in any way diminish, extinguish or modify any of our rights under clauses 12.2: Indemnification; 12.3: Disclaimer; and 12.4: Limitation of Liability.
– Hardware, network or software failure may limit, block or frustrate our ability to store or retrieve past, current and future backups, either temporarily or permanently.
– The solution is suitable for static web-pages; active, open or frequently changing files (such as databases) may not copy successfully, or may be corrupted beyond recovery upon their retrieval.
– The solution is not a replacement for your own backup plan, nor does it represent an adequate disaster recovery strategy. As a condition of use the customer must still maintain their own local complete copy at all times.
– Nesia Hosting will make attempts in good-faith to restore a copy as close to the date as requested by the customer as possible. However, the date and age of data cannot be guaranteed.
– We reserve the right to age out and cleanse data as frequently as required
11.12.4 Our cPanel web hosting services may not be used for the storage of backup archives, any backup files older than 7 days will be removed from the server. It is your responsibility to move these backups to an offsite location.
11.6 Bandwidth Usage/Disk Space
11.7.1 It is your responsibility to upgrade your account and monitor your account usage.
11.7.2 We offer unmetered bandwidth allocations to all of our web hosting plans however it is important that all eligible Nesia Hosting customers are able to access our services. If we feel that your use of our services is negatively affecting our network and the use of our services by other customers we reserve the right to suspend your account. We will attempt to contact you provided there is an opportunity to do so.
11.7.3 Disk usage over a packages usage allowance will incur a fee of $0.03/MB and will payable on the following months invoice.
Items that will count towards your disk space usage:
-Website files & databases
-Emails stored on the server
If you are frequently going over your data allowance we recommend looking at upgrading your web hosting plan or speaking to us regarding a solution.
12.1 Price Change
We reserve the right to change prices listed on Nesia Hosting’s website and existing products and services without prior notification.
12.2.1 The customer agrees it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The customer furthermore agrees to defend, indemnify and hold us harmless against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Nesia Hosting;
(2) any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party; (3) any breach of any representation or warranty provided herein
(4) any negligence or wilful misconduct by you
(5) any allegation that your account infringes a third person’s copyright, trademark, or intellectual property right, or misappropriates a third person’s trade secrets
(6) any defective products sold to customers from Nesia Hosting’s server.
12.2.2 By accessing any web site hosted on our network or servers, you understand, agree and are bound by this indemnification.
12.2.3 This indemnification is in addition to any other indemnification required of you elsewhere in this agreement.
12.2.4 Should Nesia Hosting be notified of a pending law suit, or receive notice of the filing of a law suit, Nesia Hosting may seek a written confirmation from you concerning your obligation to indemnify Nesia Hosting. Your failure to provide such a confirmation may be considered a breach of this agreement.
12.4 Limitation of Liability
12.11.1 In no event shall Nesia Hosting be liable to you or any other person for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including negligence), breach of warranties, either express or implied, any breach of this agreement of its incorporated agreements and policies your inability to use the software or services, your loss of data or files or otherwise, even if Nesia Hosting has been advised of the possibility of such damages.
12.11.2 Some states or territories may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states or territories, Nesia Hosting’s liability is limited to the full extent permitted by law. You agree that in no event shall Nesia Hosting’s maximum aggregate liability exceed the total amount paid by you for the particular product or service in dispute purchased from Nesia Hosting.
12.5 Force Majeure
12.12.1 A force majeure is defined as Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster even if caused by global warming, i.e., negative human activities that contribute to the destruction of the biosphere), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, governmental or quasi governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or interruption or failure of utilities or telephone service.
12.12.2 Where a Party is unable, wholly or in part, by reason of force majeure, to carry out any obligation under this Agreement, and that Party: (a) gives each other Party prompt notice of that force majeure including reasonable particulars, and, in so far as known, the probable extent to which it will be unable to perform or be delayed in performing that obligation; (b) uses all possible diligence to remove that force majeure as quickly as possible, that obligation is suspended so far as it is affected by force majeure during the continuance of that force majeure and that Party shall be allowed a reasonable extension of time to perform its obligations.
12.12.3 If after a period of six months, the force majeure has not ceased, the Parties shall discuss the situation and endeavour to achieve a mutually satisfactory resolution to the problem.
12.12.4 The requirement that any force majeure must be removed with all possible diligence does not require the settlement of general strikes, lockouts or other labour disputes or claims or demands by any government on terms contrary to the wishes of the Party affected.
12.6 Online Fraud
12.6.1 In compliance with the Privacy Act, we are permitted to share your personal details with competent authorities when there is proof of fraudulent or criminal activities.
12.7 Transferring your Products & Service(s) to other servers
12.7.1 Nesia Hosting reserves the right to transfer any or all of your hosting accounts to any other server, where:
(i) the server your account resides on has suffered hardware or software errors; or
(ii) your activities interfere or have the potential to interfere with other users; or
(iii) your server has been decommissioned; or
(iv) we consider your bandwidth usage to be unacceptable or interfering with the performance of our network infrastructure, notwithstanding that you may be within your quota; or
(v) when performing a mass migration.
12.7.2 As part of a server migration we may also have to change your operating platform or the versions of any other software you may have been using on the previous server. It is your responsibility to ensure that your site is compatible with the new software.
12.7.3 We will update customers about server migrations on our server status page or via email. If you are not using our nameservers then it is your responsibility to update your private name servers after a migration.
12.8 Entire Agreement
Nesia Hosting reserves the right to revise its terms and policies from time to time without notice. By continuing your services you agree to these revisions.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
12.10 Acceptance of Terms
As part of all our annual invoicing, you understand that these terms and conditions are binding. As mentioned in many previous emails, newsletters
13.3.1 Nesia Hosting will not be responsible for any damages your business may suffer.
13.3.2 We provide no warranties, express or limited, for services we provide, nor do we guarantee your web site or applications will work error free on our servers. This includes implied warranties of merchantability or fitness for a particular purpose. As such, we are not responsible for loss of data resulting from delays, software incompatibility, server or software issues, outages, no deliveries, wrong delivery and any service interruptions caused by Nesia Hosting and its employees.
13.12.3 Continuity of our services is dependent on a wide range of factors, many of which are beyond our control. Your access to our services may be interrupted by a variety of factors, including but not limited to: Third-party Supplier network congestion, equipment failure, scheduled maintenance and peak demand.
13.3.4 Should any part of this disclaimer be made invalid by relevant legislation (such as the Trade Practices Act) then the remaining part shall still be in force.
13.3.5 INDEMNIFICATION AND YOUR PROTECTION
The Live Chat and chatbot Service is operated independently by ChatMarshal.com on behalf of Nesia Hosting. Its sole purpose is help visitors navigate this website and improve customer service. The live chat agents or operators will never share you information with any 3rd party.
By using this site you accept the terms and conditions of this Disclaimer. Nesia Hosting does not accept any liability for any injury, loss or damage incurred by use of or reliance on the information provided via the Live Chat Service. For further terms of service click https://chatmarshal.com/terms-and-conditions. Errors and omissions excepted (E&OE)
and invoices, payment of any kind towards these invoices means acceptance of these terms.