Client means person, firm or company that purchases or agrees to purchase goods or services from the company.
Company means Myhost.ie
Goods or Services means the item supplied by the company as specified on the order form.
Contract means a contract for the supply of goods and services by Myhost.ie.
Terms & Conditions
These terms and conditions apply to all contracts for the sale and supply of goods and services by Myhost.ie to the exclusion of all other terms and conditions which the client may purport to apply.
By completing the order form, orders by the mode of telephone or logging into your account/ uploading files the client will be deemed to have accepted and agreed to these terms and conditions.
Any variation of the terms and conditions shall be inapplicable unless agreed in writing by the company.
We the company reserve the right to amend and update these terms and conditions at anytime without notice.
Price & Payment
- Payment by the client will be either on a monthly, quarterly or yearly single payment basis. By entering your credit card details into our billing system ,you agree to allow your card to be used for these payments. Notification will be given when payment is being taken in the form of an email.
- Payment for domains and hosting accounts are due each anniversary month or year following the date the account was established. Clients paying by credit card will automatically be charged before the renew date unless a cancellation request has already been made. Failure to pay before the renew date could result in loss of service and loss of domain names. Clients can choose to remove their card details from their client area but increase the risk of losing services if payment is not made in a timely manner.
- Card payments are processed via a tokenization based system through our payment processing company Realex who are fully PCI compliant. Myhost.ie does not store card details on it's systems.
- Where payment method is bank transfer the correct invoice number must be used as payment reference to avoid delays and suspensions/terminations. The company will not be liable for any loss to the client in the situation where payment details given are not clear and accurate.
- The company reserves the right to vary the amount payable from time to time, however we will give you 30 days prior written notice of any such variation.
- The Company offers a 30 day money back guarantee on hosting orders however, clients must notify us within that 30 day period or no refund will be awarded.
- If the client's service or account is activated before payment is made then payment must be sent in full.
- If payment is not made and received in full within 14 days from the completion of the agreement all technical support for the site will be revoked and your account will be disabled. If payment is still not made in the following 30-day period the client's account will be deleted from our servers and all DNS services will stop.
- Any returned cheques to clients will incur an administration fee of €35.00.
- Re Companies: Any orders received from company/s shall be deemed to be made by an authorised agent and not an individual.
- The company has no obligation to carry out any work until full payment in advance has been received in clear funds.
- The initial term of this contract shall be the period described in the above and shall commence on the date of acceptance by the client. Thereafter the contract will continue on a monthly, quarterly, annually or bi-annually basis unless terminated according to the provisions below.
- Accounts with overdue invoices exceeding 60 days will be automatically terminated and data deleted from our servers.
- Hosting and Domain services must be cancelled through your client area by selecting the appropriate service and choose the 'Request Cancellation' option from the management menu.Third party cancellations are not accepted.
- Myhost.ie may, at its sole option and without any obligation to refund monies paid by you terminate this Agreement immediately on written notice (email) to you if:
(a) ordered to do so by a court of competent jurisdiction;
(b) the use of the Service is or becomes illegal;
(c) if there is a breach of this Agreement;
(d) evidence of harassment, aggresion or offensive behaviour is communicated to any member of Myhost.ie staff through phone, written or electronic communication;
(e) evidence of repeated website infection and subsequent failure to follow up remediation;
(f) the continued use of the Service could cause technical problems on the Internet and/or impair services supplied by Myhost.ie; or
(g) you act in any way or do anything which may reasonably be construed to impugn the trade mark rights of Myhost.ie or otherwise be detrimental to the business, goodwill or reputation of Myhost.ie.
- Either party may terminate this Agreement by serving not less than 7 days notice on the other provided that if you terminate this Agreement pursuant to this clause you shall not be entitled to a refund of any monies paid. For the purposes of this Agreement, for the Customer to terminate the Agreement, "quot;Written Notice" means completing the "request subscription termination" process via the customer control panel, or for Myhost.ie to terminate the agreement, "Written Notice" means an email or letter sent via recorded delivery to the most recent contact details provided by the Customer as maintained in the customer control panel.
- When your account is closed all files will be deleted.
- Any improper use by the client under the AUP will result in immediate termination of the Company's service.
- If a client has ordered a service on an annual subscription the company expect the client to commit for this period of time. If the client wishes to cancel or breaks any of the terms and conditions and their account is cancelled within this service period, we the company will not make any refunds for any unused portions of the client's account. Whilst the company does not offer refunds the client have no obligation to continue using our service.
- In the case where suspicion of fraud has arisen, we the company reserve the right to cancel your account at any time without prior notice or consent from the client . We also reserve the right to not refund any monies paid and this is totally at the companies discretion . Factors that may constitute as fraudulant are
- Supplying false contact information
- Using someone elses credit card without their written consent
- Witholding information from the company
- Offering or distributing any fraudulent goods, services, schemes or promotions
- See also our Acceptable Usage Policy
- In no circumstances whatsoever will the company be liable for economic, indirect or consequential loss arising from delays or service interruptions.
- The company will not be responsible for loss occasioned by computer viruses, whether introduced by the Company's software or otherwise.
- To protect your privacy we will never distribute your name or e-mail address to any third party and we will never contact you seeking login information by phone or email.
- We the company reserve the right to remove material deemed inappropriate from your web pages, without prior notice. Myhost.ie do not allow Warez, Illegal MP3 websites, porn and discriminate or racial content on their servers.
- We the company shall not be held liable for any loss or damage caused by the use, misuse, unavailability or removal of services.
- Whilst the company shall expeditiously seek domain registration, the company shall not be liable in the event of the domain having been registered by some other person by the time the company seeks registration in which event a full refund will be paid to the client without any other liability on the part of the company for loss by the client.
- It is the client's responsibility to carry out personal computer virus precautions.
- It is the client's responsibility to ensure their website is updated and free from malware, trojans and viruses. Website's found to be infected will be suspended and deleted from our servers upon notification. Please see our Acceptable Usage Policy for more details.
- Data stored on our servers is backed up however this service is provided to you as a courtesy. It is the responsibility of the client to keep independent backup files of important data. Myhost.ie is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Myhost.ie servers. Any and all backup services provided by Myhost.ie, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity.
- Telnet shell accounts will never be made available on shared hosting account for security reasons.
- Clients must not attempt to gain the privileges of another user.
- When seeking domain registration, the client will be responsible when placing an order to ensure that the domain has not been registered by some other person.
- Customers who are unhappy with our services can make a formal complaint by opening a ticket via their client area. Escalations will be handled internally once an appropriate course of action has been identified.
- It is the clients responsibility to notify the company if they wish to terminate their service before the next renewal date. Any payments made by the client before termination notice has been given are non refundable.
- Please read our Acceptable Usage Policy
Domain Names - General
- Domain names must be paid for in full and for a minimum of 12 months in advance. Renewal prices are displayed on our website.
- In the case of expiry, we will contact you at least 60 days in advance by email with a renewal Invoice.
- By default domains are set to auto renew and it is the clients responsibility to disable this feature from their client area.
- Domains will not be renewed by the company until payment is received in full.
- In some cases there is a requirement by the registrar for a domain to be set to auto-renew prior to the renewal date or the domain will be deleted upon expiration, it is the sole responsibility of the client to comply with these requirements. The client may seek assistance from Myhost.ie if necessary.
- It is the clients responsibility to make sure all contact information associated with the domain name is up to date and accessible. It is not the company's responsibility to check this information.
- If the client fails to contact the company on the domains expiry date the domain will not be renewed. In some cases a domain name can enter a redemption period once expired.In the case of a domain entering a redemption period , the company will be required to charge a fee of €250 to restore the domain.
- Once a domain name has been registered or renewed on a clients behalf, it is not possible to modify or cancel the domain or offer a refund.
- The company does not impose any charges or fees when transferring a domain away to a new registrar
- Myhost.ie will not be responsible for any changes made to a domain name prior too or after a transfer situation including DNS changes, Nameserver changes, Whois changes, Registrar lock, Renewal status and EPP codes.
Domain Names - Nominet Domains
Domain Names - IEDR Domains
- Virtual servers come unmanaged by default and it is the clients responsibility for maintaining the operating system and underlying services including
- OS Patching
- Security (firewall,passwords,file security)
- Scripting languages e.g PHP, ASP
- Applicaton installation
- The Company's responsibility is defined as
- Network connectivity and uptime
- Hardware uptime and replacement
- PLESK control panel
- The company will perform nightly backups of clients containers and will charge non refundable fee of €30 + VAT per incident for file or folder restores at the companies discretion.
- In most instances we will endevour to offer support and 'best-advice' guidance to customers with unmanaged servers and virtual servers. If a customer requires additional support outside of their support contract the the company will charge a support fee for any work carried out.