THE AGREEMENT

This agreement, Switch My Server. and You, or users shall be governed by the law of the UK and the parties agree any actions will be under the jurisdiction of the courts of England. Your use of our products and services are subject at all times to these terms. Our products/services include, but not limited to: Shared hosting, Reseller Hosting, Dedicated Servers, Cloud Servers, Domain Registration, Transfers, Renewals, SSL Certificates and WHMCS Licence.


Switch My Server reserves the right to modify, add or delete any parts of these terms without notice. You agree to abide by any changes made by Switch My Server LTD.


You should not use our products/services if you do not agree with the terms, acceptable usage policy nor if you are under the legal age of 18 or are otherwise incapable or unable to be legally bound by the Terms and/or the billing agreement.


1. NEW ACCOUNTS

1.1 All shared hosting and reseller hosting accounts are setup instantly* upon payment being received. If bank transfer is chosen then 3-5 working days must be allowed. A welcome email with new login details will be sent to the email you provided upon signup once the account has been successfully setup. Due to unforeseen complications with various mail servers and any connection problems between your ISP and Switch My Server, this process may be delayed. Our system may take a few minutes to fully process and set up your account at peak times. Dedicated servers can take 24- 48 hours to be setup and once setup a welcome email will be sent.


2. DOMAIN NAMES

2.1 Switch My Server acts a domain reseller for different domain registrars. The contract for domain name registration is between you and the naming authority. Your use of a domain name, once registered, may be challenged by a third party; if so, the Uniform Domain Name Dispute Resolution Policy (the ”UDRP”) or other as amended from time to time and provided by the Registrar responsible shall apply to all registrations or renewals. An example of such is ICANN`s UDRP available at http://www.icann.org/udrp/udrp.htm
2.2 We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by You.
2.3 The registration of the domain name and its ongoing use is subject to the relevant naming authority’s terms and conditions of use and You are responsible for ensuring that You are aware of those terms and conditions and can and do comply with them.
2.4 Switch My Server accept no responsibility in respect of the use of a domain name by You and any dispute between You and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
2.5 All new and existing customers can benefit from a free domain if ordered with specified hosting packages and paid annually.
2.6 You are limited to one free domain per account, the package must be kept for a minimum of 3 months in order for you to keep the domain and transfer it to a new host should you wish to. If the package is kept for under this we reserve the right to resell your domain or charge in full for the domain registration.
2.7 For your domain to point to Switch My Server servers you must change the name servers at your registrar. The name servers will be found in your welcome email along with name server IP’s. If you have any problems or questions with DNS for your domain please open a support ticket.
2.8 You are solely responsible for providing Switch My Server with accurate and up-to-date contact information and we shall not accept any responsibility for any cancellation or refusal to renew a domain name by the relevant naming authority due to any failure to provide such information.
2.9 You agree new domains registrations, transfers, renewals are none refundable under any circumstances.


3. PAYMENTS & BILLING

3.1 We accept all major credit cards and PayPal for payment of services.
3.2 If any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to You. We also reserve the right to terminate services to you if no contact or payment has been made within a 30 day period. Late payments will also incur a charge of £10.00.
3.3 No backups or content will be given if an account is suspended due to none or late payment.
3.4 Subscription payments setup through PayPal are the client’s responsibility. If you no longer use Switch My Server services you must cancel any subscriptions outstanding immediately. Switch My Server cannot cancel subscription payments for you.
3.5 Switch My Server reserves the right to increase prices with thirty 30 days prior notice should it`s third party costs increase. Upon request Switch My Server shall provide evidence of such increases
3.6 Switch My Server reserves the right to suspend the Services in case of late payment. Late payment charges will be added to invoices 5 days after the due date for a fee of £10. Any exercise by Switch My Server of its right to suspend the Services in the case of late payment shall be without prejudice to any other of its rights under this agreement. Notwithstanding suspension of the Services by Switch My Server the Client shall continue to pay the price for the Services in accordance with the terms of this Agreement until this Agreement is terminated in accordance with the terms of this Agreement.
3.7 Switch My Server understands and will exercise its statutory right to interest and debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 if not paid according to agreed terms.
3.8 Switch My Server reserves the right to exercise a lien over the Client’s equipment in respect of any unpaid fees and shall be entitled to sell the equipment after the expiry of thirty (30) days from the termination date in order to recoup any unpaid fees.
3.9 Switch My Server reserves the right to send overdue accounts to a debt collection agency. All charges involved in the collection of overdue accounts will be payable by the Client.


4. CANCELLATION & TERMINATION

4.1 If for any reason you are unhappy with the services you receive from Switch My Server during the first 14 days, you may request that your services to be cancelled.
4.2 Once you have requested a cancellation and stated reason via Client area > Products/Services > View Details > Manage Actions > Request Cancellation.
4.3 you must open a ticket with our customer services department to request a refund. Cancellations must be received 7 days or more before your next invoice due date. If an invoice is overdue on your account this must be paid prior to submitting your cancellation request. Requests for cancellation must be submitted through the customer area only.
4.4 Refunds cannot be processed without a cancellation request being submitted. Requesting a cancellation does not automatically issue you a refund. If you are within your first 14 days after submitting a cancellation request you must open a ticket with the billing team regarding a refund. Without opening a ticket a refund cannot be processed.
4.5 Shared, Reseller hosting and VPS services can be cancelled with immediate affect or at the end of the billing period. Dedicated Servers require 30 days’ notice cancellation period from the date the cancellation request is submitted, a final invoice will be sent for any days owed. 4.6 It is your responsibility to ensure any PayPal subscriptions, direct debits and standing orders you have setup are cancelled. If you don’t cancel them Switch My Server will not be accountable for any money sent to Switch My Server. Money can only be refunded as credit to your Switch My Server account only. No other forms of cancellation are accepted, including but not limited to: Submitting Ticket, email or phone. Cancellations must be submitted before the invoice for that billing cycle is due. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices.
4.7 After 14 days you are not entitled to a refund.
4.8 if you have multiple Switch My Server accounts which includes, but is not limited to: same name, email address, IP address, home address are exempt from the 14 day Money back guarantee. Customers will multiple accounts are only entitled to a refund on the first account that was signed up to Switch My Server with.
4.9 The 14 day money back guarantee is not valid if an account has been suspended or terminated for violating our Terms of Service or acceptable use policy. Any billing issues or overcharges must be reported within this 14 day money back guarantee. Switch My Server reserves the right to change the price of any of our services at any time without prior notice.
4.10 Any amounts paid into a user’s account as ‘credit’ are non-refundable and can only be used on Switch My Server services. This includes, but is not limited to Recurring Payments, Pre-Deposited Funds and Overpayments.
4.11 Any amounts offered as a refund includes, but is not limited to gesture of goodwill, refund for loss of service will be refunded as credit to your Switch My Server account and can only be used on Switch My Server services.
4.12 Refunds cannot be processed without a cancellation request being submitted. A ticket to our billing team will need to be submitted after the cancellation has been processed.
4.13 No refunds will be made if we terminate or suspend your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms of Service. This does not affect your statutory rights.
4.14 Any funds sent to Switch My Server which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.


5. PROMOTIONAL TERMS

5.1 New and current customers are subjected to but not limited to the following promotional terms:

- Only one voucher can be used per transaction.
- Discount vouchers are restricted to one per customer per order.
- Vouchers can only be used during the order process and cannot be applied after an order has been made.
- Vouchers can be redeemed against the purchase of any Shared or Reseller Hosting service.


6. SUPPORT

6.1 Our support team will help you resolve problems you have with the services you are receiving. We do not provide programming support to you, however as part as our service to you our servers are compatible with most programming languages.
6.2 If you can’t find help on our knowledgebase please open a technical support ticket.
6.3 We will try reply to technical support tickets within 1 hour, however this is not guaranteed during busy periods. Please include as much information as you can regarding your problem. For example, supplying an exact error message will help us to identify your issue and respond quickly.
6.4 Please do not assume, because you are experiencing a problem, that there is a technical issue on the server. There can be many reasons why a domain does not display or you cannot receive/send email.
6.5 Please be polite to our staff. Any rude or inappropriate behaviour will not be tolerated. Such behaviour is considered an infringement of these terms and conditions.
6.6 All tickets are responded to in the order they are received based on last activity, so ‘bumping’ of tickets will only delay our response.


7. BACKUPS

7.1 You agree to maintain a current copy off all content hosted with us.
7.2 Switch My Server holds daily and weekly backups, these backups are strictly for our own use in-case one of the servers fail.

This is not meant as a replacement for keeping your own backups. Backups can be done through your cPanel please see Backup Tutorial. You may create your own backup of your account from your control panel however these may not be stored. Please download archives to a local source and remove them from your account.


8. WEB HOSTING TRANSFERS

8.1 Switch My Server provide free transfers for all new hosting accounts.
8.2 All transfer requests must be submitted to our technical support within 14 days of signing up to our products and services.
8.3 We are able to do cPanel to DirectAdmin transfers and DirectAdmin to DirectAdmin transfers. Any other transfer requests will be assessed by our technical support team.
8.4 Any transfer after the 14 days is subject to transfer fees depending on the size of the content wishing to be transferred.
8.5 We can only promise to make every effort to restore accounts successfully, there are many factors that can cause disruption which Switch My Server does Not accept liability for. These can include but not limited to: poor network connections, incorrect login details provided, corrupted data etc.


9. SWITCH MY SERVER STAFF

9.1 Switch My Server will not tolerate any abuse towards its staff.
9.2 Action may be taken against people who abuse our staff in anyway or form.
9.3 Switch My Server reserve the right to suspend or terminate customer accounts who abuse staff.


10. COMPLAINT

10.1 Should a user feel the need to make a complaint about a website you know we host, with regards to violating our Terms of Service. They can either contact us by email: abuse@switchmyserver.com, or opening a support ticket and choosing the “Abuse Department” stating the website and the violation they are committing. All complaints will be dealt with professionally and quickly.
10.2 To make a complaint about a member of staff please contact us by email: abuse@switchmyserver.com, or opening a support ticket choosing the department: “Abuse Department” all complaints will be dealt with professionally and quickly.


11. DELIVERY OF SERVICES

11.1 Immediately upon successful payment you will receive an automated receipt from our systems. Please print and retain a copy of this and retain in a safe place for future reference.
11.2 Your unique customer username will be on this receipt and should be used for an enquirers to Switch My Server.
11.3 All orders are delivered electronically via email, if you have any questions about your order please contact us at cs@switchmyserver.com
11.4 Our trading hours are 24/7 365 Days a Year.
11.5 The services available on this site are subject to both export and or import restrictions.
11.6 Please check regulations in the country you are in to see if these products are allowed for import into your country.
11.7 We will not add charges to customers using either VISA or Mastercard card schemes. The final price will be the same regardless of payment method.


12. ENTIRE AGREEMENT

12.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
12.2 We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
12.3 Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.


14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

14.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
14.2 Your continued use of the Service will be deemed consent to any such amended Terms of Service.
14.3 No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.
14.4 If you do not wish to continue to use the Service as a result of any such amended Terms of Service, you may provide notice of your wish to terminate your use of the Service to Switch My Server.


15. LAW AND JURISDICTION

15.1 Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between us both.


16. WARRANTY

16.1 SWITCH MY SERVER MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD SWITCH MY SERVER ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Switch My Server OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY SWITCH MY SERVERARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; SWITCH MY SERVER DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. SWITCH MY SERVER DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.