1. Charges and Payment Terms #

1.1 Advance Payment and Payment Methods #

Charges for Services are payable in advance and are due as outlined in the online customer order form. Prompt payment is crucial and we require that a valid credit/debit card or a direct debit mandate be maintained for the entirety of the Contract term. It is your responsibility to ensure that these payment details are kept current and accurate through your control panel or by notifying us promptly of any changes.

1.2 Restrictions on Payment Methods #

Payment is to be made using the methods prescribed in Section 1.1. The use of any payment methods not detailed herein is subject to our prior written approval, which may be communicated to you in writing or via electronic mail.

1.3 Compliance for Alternative Payments #

In circumstances where we have consented to accept payment via alternative means, you acknowledge that it is your responsibility to ensure timely payment. Specifically, such payments must clear in our bank account no less than five working days before the payment due date indicated on your invoice.

1.4 Prohibition of Deductions #

All payments under this Contract shall be made in full, free from any deductions, set-offs, counterclaims, discounts, abatements, or withholdings. The only exception to this rule is when a valid court order mandates a deduction, in which case you are required to provide us with the court order.

1.5 Immediate Due Payment upon Contract Termination #

In the event of Contract termination for any reason, you are obligated to pay immediately all sums due under the Contract at the time of termination, notwithstanding any other provision of the Contract. This includes any unpaid charges that have accrued up to the date of termination.

2. Service Late Fees, Suspensions, and Terminations #

2.1 Notification of Invoicing and Overdue Payments #

• 2.1.1 Customers will be issued an invoice at least seven days in advance of the payment due date.
• 2.1.2 Notifications regarding overdue payments will be sent on the 1st, 6th, and 9th days following the due date of the invoice to alert customers of their payment obligations.

2.2 Consequences of Non-Payment #

• 2.2.1 In cases where payment has not been received within 7 days following the due date, we reserve the right to:
  • a) Suspend the provision of Services.
  • b) Impose a late fee amounting to 20% of the total invoice amount, which compensates for additional data retention and administrative expenses incurred by us due to late payment.

2.3 Ongoing Charges During Suspension #

• 2.3.1 Even during a period of suspension, the Services will continue to accumulate charges as per the agreed payment cycle, or the respective part thereof, until the account is settled or the service is formally terminated.

2.4 Reinstatement of Services #

• 2.4.1 Suspended Services will be reactivated upon the settlement of all due invoices.

2.5 Engagement with Debt Recovery #

• 2.5.1 Should the outstanding amount remain unpaid for 90 days past the invoice due date, we will initiate debt recovery procedures which will include:
  • a) Informing you by Royal Mail Signed For 1st Class post of our intention to engage a debt collection agency. This will incur a charge of £27.99
  • b) Transferring Your details to a Debt Recovery Service.
  • c) Applying an additional fee of £40.00 excluding VAT to each outstanding invoice to cover the costs associated with the debt recovery process.
  • d) The debt recover service will take over administration and collection of the outstanding balance and may apply their own fees and additional legal charges to your account. This includes any administration fees and legal fees incurred. We also reserve the right to claim costs under the Late Payment of Commercial Debts Act 1998.
  • e) In order to facilitate this debt collection service you will no longer be able to settle your invoice using our systems and your account will be locked accordingly.
  • f) Your services will still continue to accrue charges during this process, including late fees, until the complete invoice is settled, unless you decide to terminate the services with us.
  • g) Terminatation of your services does not negate any existing payments which remain on your account.

2.6 Service Termination and Data Deletion #

• 2.6.1 Persistent non-payment will lead to:
  • a) Termination of Services after the payment remains unsettled for a predetermined period.
  • b) Complete removal of all customer data from our systems, including website data, databases, emails, and DNS entries, after which we will have no obligation to retain or provide any copies of such data.
  • c) An administrative fee of £499.00 excluding VAT will be charged if the customer wishes to receive a copy of the website data post-settlement of the invoice.
  • Termination of a service will occur after 120 of failing to engage with us or our Debt Collection aganecy with the exception of the following services which will be terminated after 30 days: Business One, Business Smart VPS, Hippo Reseller, Premium VPS, VPS Extreme, Windows VPS, Bespoke Solutions, Hippo Minecraft and Hippo Email.

3. Tax and Authorization #

3.1 Applicable Taxes on Services #

• 3.1.1 Value Added Tax (VAT) is applicable to all charges and will be added to your invoice at the prevailing rate in the United Kingdom, as per current tax regulations.
• 3.1.2 The total amount indicated on the invoice will reflect the VAT inclusion, and it is your responsibility to ensure that payment made accounts for the full amount after the addition of VAT.

3.2 Agreement to Recurring Payments #

• 3.2.1 By accepting these terms, customers grant us the authorization to initiate recurring billing cycles. This authorization applies to the credit/debit card or direct debit details provided by the customer at the time of purchase or as subsequently updated.
• 3.2.2 This recurring billing will continue to be in effect until:
  • a) We receive a completed account cancellation notice from you as per the stipulations in Section 10.2 of our primary terms and conditions.
  • b) The provision of Services comes to an end, either through the natural conclusion of the Service term or through termination as per our contractual terms.

3.3 Maintenance of Accurate Billing Information #

• 3.3.1 It is imperative for customers to maintain up-to-date payment information to facilitate uninterrupted processing of the recurring payments. Failure to do so may result in suspension or termination of Services as outlined in Section 2.

3.4 Authorization for Payment Adjustments #

• 3.4.1 Should there be any changes to the VAT rate or any other tax or levy imposed by relevant authorities which affect the charges of the Services, customers authorize us to adjust the recurring billing amount accordingly.

4. Disputed Payments #

4.1 Communication Regarding Payment Discrepancies #

• 4.1.1 In the event of a dispute or disagreement regarding a payment, customers are required to contact us promptly to engage in a discussion aimed at resolving the dispute.
• 4.1.2 It is important for customers to approach us before initiating any chargeback with their bank or credit card company, as this allows us the opportunity to address and rectify any legitimate concerns regarding payments.

4.2 Handling of Unjustified Chargebacks #

• 4.2.1 If a customer initiates a chargeback that we determine to be unjustified, the following fees will be imposed and become due within seven days of the chargeback claim:
  • a) The full amount of the charges that were originally due for the Services covered by the chargeback.
  • b) Any fees that we incur from the bank or credit card company as a result of the chargeback.
  • c) An administrative fee of £69.99 to cover the additional work involved in managing the chargeback.
  • d) All reasonable costs and losses we incur to recover the fees mentioned above, including but not limited to debt recovery costs, legal fees, and debt collection expenses.

4.3 Right to Terminate for Unjustified Chargebacks #

• 4.3.1 We reserve the right to terminate the Contract in instances of unjustified chargebacks, as defined in our main terms and conditions. The timeframe for termination proceedings may be expedited as follows:
  • a) The period in which we may terminate the Contract following an unjustified chargeback will be reduced to 14 days from the date of the chargeback claim.
  • b) If payment is not settled within 10 days after notification of the chargeback, we may proceed with immediate termination of Services.

5. Domain Name Renewal and Expiration #

5.1 Notification and Renewal Process #

• 5.1.1 Customers will be informed about the impending expiration of their domain names. Notifications will be sent according to the schedule set forth in the domain registration agreement, detailing the steps for both automatic and manual renewal processes.
• 5.1.2 It is the customer’s responsibility to take the necessary actions to renew their domain names within the specified time frame to prevent any service interruptions.

5.2 Effects of Domain Name Lapse #

• 5.2.1 If a domain name expires due to non-renewal, the following will occur:
  • a) The domain name may be made available to the public for registration after a certain grace period, as dictated by the domain registry’s policies.
  • b) We have no influence over the release process and cannot guarantee the domain name’s availability after expiration.
  • c) Services associated with the expired domain, such as website hosting and email, will cease to function, potentially leading to business disruptions and loss of online presence.

5.3 Recovery of Outstanding Domain Name Fees #

• 5.3.1 In cases where there are unpaid fees associated with a domain name, the following steps will be taken:
  • a) The outstanding fees will be subject to the late payment procedures as outlined in Section 2, potentially leading to additional charges and interventions by debt recovery services.
  • b) It is imperative for customers to clear any outstanding fees promptly to avoid potential legal action and additional costs associated with debt recovery.

7. Additional Payment Information #

7.1 Modification of Payment Terms #

• 7.1.1 We retain the authority to make changes to the payment terms and conditions of this Contract.
• 7.1.2 Any amendments will be communicated to customers in a timely and reasonable manner, ensuring sufficient notice before any changes take effect.

7.2 Responsibility for Contact Information #

• 7.2.1 Customers must provide and maintain accurate and current contact details in our records.
• 7.2.2 It is the customer’s responsibility to update their contact information, including email address, phone number, and billing address, to ensure that communications related to billing and payment, service changes, or any other important matters can be delivered effectively.
• 7.2.3 Failure to keep contact information up to date may result in missed notifications regarding renewals, payment issues, or changes to terms and could lead to service suspension or additional fees.