Terms of Service
THE FOLLOWING TERMS GOVERN OUR AGREEMENT TO PROVIDE SERVICES TO YOU AS THE CUSTOMER. IT IS IMPORTANT THAT YOU READ THESE CAREFULLY AND IN FULL BEFORE ORDERING ANY SERVICES FROM VLOXT.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO ORDER ANY SERVICES FROM VLOXT
BY NATURE OF HAVING A VLOXT ACCOUNT YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
These Terms and Conditions together with the Privacy Notice and the Acceptable Use Policy form the Agreement between you and us.
By signing up for the services you warrant that you are capable of entering into a binding contract; or are acting with the express permission of a person or organization and using the payment details of that person and that they also agree to be bound by the terms of this agreement. You also agree to comply and adhere to any and all applicable laws and regulations in relation to this agreement.
Vloxt reserves the right to amend, modify or alter any of these terms and conditions without the prior consent of you.
You certify that by purchasing any of our products from this website that you are 18 years or older.
“Acceptable Use Policy” means the policy which forms sets out the remit for your use of the services and part of this agreement.
“Agreement” means any agreement to which these Terms and Conditions for your services and the Acceptable Use Policy are incorporated.
“Designated Agent” shall mean an individual or entity that the Prior Registrant or New Registrant explicitly authorizes to approve a Change of Registrant on its behalf.
“Material Change” means a non-typographical correction. The following will be considered material changes:
“Order” means a request made by you for services to be supplied pursuant to the terms of this agreement.
“Services” means the services and or products to be provided to you by Vloxt.
“Us” means Vloxt, a divison of Veloxty LLC.
1. Supply of Services
1.1 We agree to supply the services to you in accordance with the terms set out in this agreement.
1.2 We will use reasonable endeavours to supply the services to you as soon as it is reasonably practicable and in the event that we become aware of any reason for delay, we shall notify you.
1.3 We will not be liable to you if we, using our endeavors, fail to supply the services within a specific timescale.
1.4 We reserve the right to improve, modify or change the services provided to you and we will use reasonable endeavours to notify you as soon as it is reasonably practical to do so.
1.5 We will provide the services to you using reasonable skill and care but at all times this will be subject to any downtime caused by scheduled or emergency maintenance or repair. We will use our reasonable endeavours to ensure that any disruption to the services is minimal and any scheduled work takes place during off-peak hours when possible. We will not be liable to you or any third party for losses whatsoever caused by any such downtime; whether emergency or scheduled.
1.6 We reserve the right to deactivate individual features, applications, scripts or programs as necessary in the interests of technical progress, security, availability of technical support on the provider or manufacturer side, to ensure the stable operation and integrity of our systems.
1.7 We shall take reasonable steps to ensure that any deactivation of individual features, applications, scripts or programs will not result in changes to a core function of the services we provide you and to offer technical alternatives, including upgrades and updated versions of software, as and when such alternatives become available.
1.8 In the event that such changes result in changes to a core function of the services we provide you and no viable alternative is available, you will be entitled to a pro-rated refund on cancellation.
1.9 In the event of changes of features, applications, scripts and programs pursuant to clause 1.6 above, you agree to cooperate and be responsible for managing any adjustments to your services if requested to do so. We will endeavor to communicate any changes to you as soon as possible.
2. Duration and Renewal of Services
Unless otherwise specified, services are provided for a minimum contract term of 1 month and unless cancelled in accordance with clause 3 below will automatically be renewed for further periods.
3.1 You are entitled to cancel the services by contacting us no less than 1 day prior to the renewal date for your services.
3.2 You may cancel your contract with us by submitting the cancellation request from your account. Once we accept your cancellation request, you will be provided with written confirmation of the requested cancellation. Cancellation requests will not be deemed to have been received and accepted until we have issued our written confirmation to you.
3.3 You have the right to cancel your order before the commencement of this agreement.
3.4 As a result, as soon as this agreement has commenced, you will not have the right to cancel the order. Please note that if you do not wish to waive this right, we will not be able to commence your services.
3.5 For clarity, all of your purchases of our services are not covered by any consumer rights regulations.
3.6 We reserve the right to cancel and/or suspend your service at any time for any reason without notice.
4.1 All fees are payable in advance and are non-refundable.
4.2 If we choose to cancel the services we provide to you for any reason other than a breach of the terms of this agreement by you, we will refund you the amount only paid for future billing periods, if any.
4.3 In the event that services are suspended temporarily or that any features, applications, scripts or programs are deactivated in order to ensure the stable operation and integrity of the services you will not be entitled to a refund.
5. Pricing, Payments and Change of Services
5.1 Payment in respect of all services is on demand.
5.2 We will automatically generate an invoice in respect of the next period unless the services have been cancelled in accordance with clause 3 above. All invoices are delivered electronically to you via email. You are responsible for checking receipt of all invoices. No hard copy invoices will be sent by post.
5.3 Payment will be taken automatically following delivery of your invoice and will be non-refundable. In the event that any automatic payment should fail, the invoice will be considered overdue and immediately payable.
5.4 We reserve the right to change the prices and/or nature of our services. Any price change will take effect automatically upon a renewal of the agreement.
5.5 Payments can be made by a valid credit/debit card, wire transfer or through PayPal.
5.6 You warrant that you are authorized to use your chosen method of payment. If you are not the named cardholder, you acknowledge that you and the named cardholder both agree to be bound by the terms of this agreement and are jointly and severally liable for all payments under this agreement. You agree to indemnify and hold us harmless in the event that the cardholder or issuer declines any payments to us including all of our costs in administering your non-payment and obtaining the payment due to us by you.
5.7 We reserve the right to suspend all services until payment is received in full and all outstanding charges are cleared. Any non-payment of a recurring invoice may be subject to an administration charge. You are responsible for all money owed to us under the terms of this agreement until it is terminated. You are also responsible for any additional costs incurred by us in taking steps to recover any sums due by you.
5.8 You will pay any additional charges as may be required from time to time by us for reactivation of the services due to disconnection.
5.9 You are required to provide us with valid contact details and a valid payment method at all times during the term of this agreement. If any of this information is found to be invalid, we reserve the right to suspend access to your account.
5.10 If your chosen payment method is cancelled or changed for any reason then you must notify us immediately and provide us with details of an alternative payment method.
5.11 Payments processed by third parties are also subject to those third parties’ terms and conditions of service and we make no representations and provide no warranties with respect to those third party services.
5.12 You shall not be entitled to set off a credit against any amount owed to us pursuant to the agreement.
5.13 If you fail to pay all sums due to us, we reserve the right to interrupt, suspend or cancel your services. Such action is without prejudice to our right to recover any and all outstanding sums from you and your obligation to pay the same to us.
5.14 We reserve the right to pass your debt onto a third party debt recovery agent and you accept all liability for the recovery of our costs from you.
6. Third Party Users
All services provided by us to you are intended for your use only
Where a Service is not provided with unlimited usage as standard, you will be liable to pay any charges incurred by exceeding the agreed data use limits in relation to those services. Any additional charges will be at the rate set out in your original package.
8.1 All data created or stored by you within the applications and servers are your property. We make no claim of ownership of any server content, email content, or any other type of data contained within your server space or within applications on servers rented by us.
8.2 You are responsible for ensuring that you maintain adequate and up to date back up copies of all of your data that you upload onto our servers.
8.3 In the event of loss of, or damage to, your data, howsoever caused, we, in no circumstances, will be liable to recover your data. You accept full responsibility for maintaining adequate backup copies of all your data.
8.4 You shall indemnify us and hold us harmless against all damages, losses and expenses arising out of a third party claim of intellectual property infringement in respect of your content or data.
9.1 It is your responsibility to keep all passwords safe, to ensure they are secure (with reference to accepted best practices) and to change passwords regularly. We are not responsible for any data losses or security compromises arising as a result of compromised passwords or as a result of you giving a third party access to your password.
9.2 You are responsible for any and all actions arising out of the use of your account password.
10. Your Personal Details
10.1 You warrant that the contact information you provide to us is correct, and that you will update this information immediately, as required from time to time. You agree that we may suspend access to your account and the services if we reasonably believe that the information you have supplied is inaccurate.
10.2 You accept that if your account is paid for by another party, who has agreed to be bound by the terms of this agreement that party and who has access to your account password, we may discuss your account with that party and take instructions from them in relation to the account.
10.3 We reserve the right to email you with information about product offerings we believe may be of interest to you from time to time. You may unsubscribe from marketing communications at any time.
11. Disclaimers and Warranties
11.1 You agree that you use our services at your own risk.
11.2 The services are provided on an “as is” and “as available” basis. We do not warrant or represent that any services will be uninterrupted or error-free. You accept that all services are provided warranty-free.
11.3 Vloxt, its directors, officers, employees, agents and any associated third party service providers disclaim all warranties of any kind. Whether express or implied, including fitness for purpose and satisfactory quality and those relating to the exercise of reasonable care and skill are hereby excluded in relation to the services to the fullest extent permitted by law.
12.1 We shall not be liable for any loss or damage of any nature suffered by you arising out of or in connection with any breach of this agreement by you or any act, misrepresentation, error or omission made by you or on your behalf.
12.2 We will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by you or for any wasted management time or failure to make anticipated savings or liability you incur to any third party arising in any way in connection with this agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
12.3 No matter how many claims are made and whatever the basis of such claims, our maximum aggregate liability to you under or in connection with this agreement in respect of any direct loss, or any other loss to the extent that such loss is not excluded by other provisions in this agreement, whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by you for the specific services in relation to which your claim arises during the 6 month period prior to such claim.
12.4 Nothing in this agreement shall operate to exclude or limit our liability for:
12.4.1 Death or personal injury caused by our negligence;
12.4.2 Fraud; or
12.4.3 Any other liability which cannot be excluded or limited under applicable law.
12.5 We shall not be under or in connection with this agreement or any collateral contract for any:
12.5.1 Loss of revenue;
12.5.2 Loss of actual or anticipated profits;
12.5.3 Loss of contracts;
12.5.4 Loss of business;
12.5.5 Loss of opportunity;
12.5.6 Loss of goodwill;
12.5.7 Loss of reputation;
12.5.8 Loss of, damage to or corruption of data; or
12.5.9 Any indirect or consequential loss, however arising regardless of whether such loss or damage was foreseeable or in our mutual contemplation and whether arising in or caused by breach of contract, tort, breach of statutory duty or otherwise.
13. Force Majeure
We shall not be responsible for any failure to provide any services or perform any obligation under this agreement because of any act of God, strike, lock-outs or other industrial disputes, whether by our employees or any other party, or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond our reasonable control.
Our failure to require you to perform any of your obligations under this agreement shall not affect our right to require such performance at any time in the future and nor shall the waiver by us of a breach of any provision be taken or held to be a waiver of the provision.
The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this agreement which by their performance after the termination of this agreement, shall be and remain enforceable notwithstanding termination of the agreement for any reason. However, neither we nor you shall be liable to one another for damages of any sort resulting solely from terminating this agreement in accordance with its terms.
You agree that any notice or communications required or permitted to be delivered under this agreement by us to you shall be deemed to have been given if delivered by email, in accordance with the contact information you have provided.
17. Intellectual Property Rights
You accept that all intellectual property rights belonging to us shall at all times during this agreement remain vested in Vloxt.
18. Governing Law
Except as otherwise set out in the domain dispute policy, your rights and obligations and all contemplated by this agreement shall be governed by the law of the land where Vloxt is registered and you submit to the exclusive jurisdiction of the courts of that land.
19. Legal Fees
If any legal action or proceedings, including arbitration, relating to the performance or the enforcement of any provision of this agreement is commenced by either you or us, the prevailing party shall be entitled to recover reasonable legal fees, costs and disbursements from the other party, in addition to any other relief to which the prevailing party may be entitled.
20.1 You shall not assign, sub-license or transfer your rights or obligations under this agreement to any third party without our prior written consent.
20.2 In the event that we consent to an assignment, sub-license or transfer, then this agreement shall be binding upon both you and us and our respective successors and permitted assigns.
20.3 Vloxt may assign or license any or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion.
21.2 You further agree to review the terms and conditions regularly to ensure you are aware of any modifications and you agree to be bound by such modifications unconditionally.
22. Joint and Several Obligations
If you consist of more than one entity, your obligations under this agreement are joint and several.
23. No Third Party Beneficiaries
This agreement does not provide and shall not be interpreted to provide any third parties, with any remedy, claim, and cause of action or privilege.
24. Entire Agreement
This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of Vloxt or you has any authority to make any representation or promise in connection with this agreement or the subject matter thereof which is not contained expressly in this agreement, and Vloxt and you hereby acknowledge and agree that neither Vloxt nor you have executed this agreement in reliance upon any such representation or promise.
25. Relationship of Parties
Nothing in this agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the services, or this agreement, must be filed within one year after such claim or cause of action arose or be forever barred.
In the event that any provision of this agreement is deemed unenforceable or invalid under any applicable law or pursuant to a court decision, such unenforceability or invalidity shall not render this agreement unenforceable or invalid as a whole. We will amend or replace such provisions with one that is valid and enforceable and which achieves, in our reasonable opinion, to the fullest extent possible, the original objectives and intent between you and us.
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