General Terms & Conditions - Eyetech Ltd

By signing up for the services, you warrant that you are at least 18 years old, and legally capable of entering into a binding contract; or acting with the express permission and using the payment details of a person or organisation who, in turn, is agreeing to be bound by the terms of this contract. You acknowledge and accept that your use of the Services must be in accordance with the law. By nature of owning Eyetech Ltd
account, you accept these Terms & Conditions.

Definitions
1. “Agreement” means any agreement to which these terms & conditions are incorporated.
1. “Eyetech Ltd” is registered at 12, Melfar Buildings, C de Brocktorff Street, Msida, Malta
1. “Package” means a collection of Services.
1. “Prices” means the Prices for the Services set out in an order form or as otherwise notified to you.
1. “Services” means the Services to be provided by Eyetech Ltd.
1. “You/Your” means the person or company who purchases Services from Eyetech Ltd.
1. Duration and Renewal of Services.
Services for which payment is available for fixed 12-month, 24-month or 36-month minimum contract periods.
Cancellations
1. When entering into a contract as a consumer (not in the course of conducting business), the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013 (“the regulations”) allows you to cancel the Contract at any
  time within 14 days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the 14-day cooling-off period has expired. As a result, you will not have the right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013.
1. For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
1. Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, or agreed by Eyetech Ltd in writing before purchase, Services are not available on a trial basis. It is your responsibility to ensure that
  The services you purchase are suitable for your technical requirements.
1. You are entitled to cancel the services by submitting a cancellation request using the online account management interface, no less than one day before the next payment date of that service. Once Eyetech Ltd accept your cancellation request, you will be provided with written confirmation.
Money Back Guarantee
1. You are entitled for reimbursement of all fees paid to Eyetech Ltd, excluding domain-related payments, if the Services cancellation request was submitted within 14 days from the date the initial order for these services was placed.
1. To apply for reimbursement, a written request must be submitted using the online Eyetech Ltd account management interface. Such a request shall be submitted within 60 days from the date payment was made.
1. Money Back Guarantee is not available where the Customer has breached any part of the Eyetech Ltd General Terms & Conditions, whose account has been suspended or terminated as a result of any such breach.
Refunds
1. Charges due on a pre-pay basis (together with account set-up fees, where applicable) are non-refundable.
1. If Eyetech Ltd cancels Your Service for reasons other than Your breach of contract, You will be entitled to a pro rata refund based upon the remaining period of Your current contract term.
1. If you contravene Your Agreement with Eyetech Ltd, a refund will not be issued in the event of a cancellation.
1. Domain-related payments are non-refundable as domain registration can not be cancelled, and the domain remains usable and active during the entire period of registration.
1. Credit notes can only be used for payment (or partial payment) of Your Service, and are non-refundable.
1. Unused reseller funds on account will only be recoverable when the account is closed.
1. Refund requests pursuant to Money Back Guarantee shall be processed within 14 working days from the date such request was received. We reserve the right to issue reimbursement using a payment method other than used to commit the initial transaction.
Payment
1. All Services and Packages must be paid for in advance in accordance with the specific provisions of that Service or Package. By signing up for an Eyetech Ltd account, you agree to commit to the contract for the fixed term. It is not possible
  to provide early payment and terminate the contract before the expiry of the fixed term.
1. Payment will be due on the basis of the Service and/or Package you have selected. If you have purchased Services on a fixed 12-month, 24-month or 36-month basis, then you will be required to pay on the payment plan you selected, paying in advance.
  Otherwise, payment will be required monthly in advance.
1. You will be invoiced automatically for the next pre-paid period based on your current payment plan shortly before the expiry of the current pre-paid period, unless you have cancelled the Services in accordance with the cancellation procedure
  outlined in this document. Payment of the Price will be taken via the payment method specified within the control panel and will be non-refundable. In cases of failed payment, the invoice will become due and payable to Eyetech Ltd, in its
1. net reserves the right to change the Prices and/or nature of its Services by giving you written notice of those changes. Notice of changes to Prices and/or Services will be given by email to the email address held by Your Eyetech Ltd
  Account. If you have already purchased a particular Service, then the change in the Price or nature of that Service will only become effective when the Service reaches the end of its current term. You will be charged the new Price when
  the Service is automatically renewed at the end of the current term.
1. All payments must be made in Euro, inclusive of applicable taxes.
1. You warrant that you are authorised to make payment using the payment card or facility you disclose to Eyetech Ltd. If you are not the named cardholder, you acknowledge that you and the party who is the named cardholder both
  accept Eyetech Ltd’s Terms & Conditions and are jointly and severally liable for the payment of all Prices for which payment will be taken from the payment card. You will indemnify and hold Eyetech Ltd harmless if the cardholder or issuer declines any transaction for payments to Eyetech Ltd, including all of Eyetech Ltd’s costs in administering your non-payment and obtaining payment of those Prices due.
1. net reserves the right to suspend all Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to an administration charge. You are responsible for all money
  owed on the account from the time it was established until Eyetech Ltd accepts your cancellation request. You are responsible for any additional costs incurred by Eyetech Ltd in the collection of outstanding debt.
1. You are required to have a valid email address at all times; failure to do so may result in automatic suspension of your account.
1. Payments processed by PayPal are subject to PayPal’s terms and conditions of Service, and Eyetech Ltd makes no representations or warranties with respect to those Services.
1. No bills or invoices will be sent by regular mail. All invoices will be sent directly to you via email shortly before or after the purchase or automated renewal transaction is completed.
1. If you fail to pay all Prices due, Eyetech Ltd reserves the right to interrupt, suspend or cancel the Services to you. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to Eyetech Ltd.
1. Please refer to Domain Registration Terms & Conditions, including, but not limited to, the specific payment policies.
1. Any unused Credit notes on Your Account will be taken in payment of Your Service. Where the value of the unused Credit note is less than the total payment due, the remainder of the balance will be due for payment. If you fail to process payment net reserves the right to interrupt, suspend the service until overdue amounts are settled. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to Eyetech Ltd.
Chargebacks
1. If you withdraw any payments made via a bank, credit card or PayPal account (a “chargeback”), Eyetech Ltd will either defend such chargebacks directly with the card issuer or take appropriate steps to recover the original monies from you, in addition to an administration fee for each inappropriate chargeback raised.
1. If a chargeback is made, Eyetech Ltd reserves the right to immediately interrupt, suspend or cancel all services within your Account. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated
  invoices to Eyetech Ltd.
Appropriate Service Use
1. Eyetech Ltd reserves the right to refuse Service and/or access to its servers and/or Services to anyone.
1. Eyetech Ltd does not allow any content which breaches our Acceptable Use Policy to be stored on its servers. Eyetech Ltd reserves the right to remove content from the Services
  or suspend the Services immediately where it reasonably suspects such content breaches the Acceptable Use Policy.
1. Eyetech Ltd shall notify You if it becomes aware of any allegation that You breach the Acceptable Use Policy.
1. Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of Eyetech Ltd.
1. net reserves the right to move your data to a different server with no prior notice.
1. You shall indemnify Eyetech Ltd against all damages, losses and expenses arising as a result of any action or claim that the data, content and/or any other material breaches the Acceptable Use Policy.
1. In the event that Eyetech Ltd removes data or content from the Services and/or suspends Your site pursuant to Acceptable Use Policy, and later reinstates such content and/or resumes the Services, You shall indemnify Eyetech Ltd against all damages, losses and expenses arising as a result of any action or claim that such content and/or data and/or the Services Your site breaches the Acceptable Use Policy.
Scheduled maintenance
1. To guarantee optimal performance on the servers, Eyetech Ltd must perform routine maintenance. Such maintenance often requires taking Eyetech Ltd Services offline, typically performed during off-peak hours. Eyetech Ltd will
  Give you advance notice of maintenance requiring the Services to be taken offline whenever possible by publishing a notice on the Eyetech Ltd website.
Support
1. We will endeavour to provide a continuous high-quality service. If you experience problems with Your Service, you should consult Eyetech Ltd’s support website and search for a resolution to your problem in Eyetech Ltd’s Knowledge Base. You will
  also find Eyetech Ltd 24/7 support contact details on Eyetech Ltd support website at https://members.Eyetech Ltd/clientarea/index.php?rp=/knowledgebase
1. Please note we may require suspension of some of Eyetech Ltd Services for short scheduled periods to carry out maintenance or repair to Eyetech Ltd Services. Information concerning scheduled downtime is available on the Eyetech Ltd support website,
  as are details of any interruptions to Eyetech Ltd Services.
Reselling of Services
1. All Services are intended for use by the primary owner only. Should you choose to resell, store or give away web-hosting Services to other parties, you agree that such activity will be undertaken at your own risk. You also accept responsibility
  for ensuring that all end users abide by these terms of service.
1. net accepts no liability to you or any third parties for losses arising from the reselling of services.
1. net reserves the right to suspend access to the automated management facilities of the Reseller account, including the API (Application Programming Interface), if a customer’s use is deemed to be affecting the platform for which Eyetech Ltd
  delivers the Services.
Data
1. All data created or stored by you within Eyetech Ltd’s applications and servers are your property. Eyetech Ltd shall allow access to such data by only authorised Eyetech Ltd personnel. Eyetech Ltd does not claim ownership of any web server
  content, email content, or any other type of data contained within the account holder’s server space or within applications on Eyetech Ltd’s servers.
1. net maintains backups of its servers and infrastructure pursuant to its own archiving and business continuity procedures. In the event of loss of or damage to your data relating to actions made by you or on your behalf, you will not
  be given access to any data stored as part of these procedures.
1. In the event of loss of or damage to your data relating to a failure in Eyetech Ltd systems or servers, Eyetech Ltd will make reasonable commercial efforts to assist you in the restoration of your data; however, you accept full responsibility
  for maintaining adequate backup copies of all your data.
1. You shall indemnify Eyetech Ltd against all damages, losses and expenses arising as a result of any action or claim that the content or data of Your site or content or data accessed from or published as part of the Services infringes the intellectual
  property rights of a third party.
Passwords
1. It is the account owner’s responsibility to keep his/her password(s) confidential and to change the password regularly. Eyetech Ltd is not responsible for any data losses or security issues due to stolen passwords or any other passwords
  that you have intentionally or accidentally disclosed to any third party.
1. You accept full responsibility for any purchases or modifications made within your control panel by you or by third parties using your account password.
Your personal details
1. You warrant that the contact information that you provide to us on establishment of your account is correct, and that you accept responsibility for keeping this information up to date at all times. 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.
1. net will not provide any of Your personal information to other companies or individuals without Your permission unless required to do so by law. However, Eyetech Ltd may need to provide your name and delivery address to third parties
  that Eyetech Ltd may use for the purposes of delivering specific Services to you (e.g. customer support). For more information about how Eyetech Ltd will collect and use your personal information, please read Eyetech Ltd’s privacy policy.
Disclaimers and Warranties
1. net does not back up your data/website, and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Eyetech Ltd cannot guarantee to be able to replace lost data. This includes loss of data resulting
  from delays, non-deliveries, wrong deliveries, and any service interruptions caused by Eyetech Ltd.
1. net makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder “as is” without warranty of any kind.
1. So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.
1. For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise the benefits afforded as a consumer shall not apply.
Liability
1. net shall not be liable for any loss or damage of whatsoever 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.
1. net 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.
1. No matter how many claims are made and whatever the basis of such claims, Eyetech Ltd’s 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 Services in relation to which Your claim arises during the 12 months before such a claim.
1. None of the clauses herein shall apply to restrict liability for death or personal injury resulting from the negligence of Eyetech Ltd, its employees or its sub-contractors.
1. net shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:
  1. interruptions to the flow of data to or from the internet;
  1. changes, updates or repairs to the network or software which it uses as a platform to provide the Services;
  1. the effects of the failure or interruption of Services provided by third parties;
  1. factors outside of Eyetech Ltd’s reasonable control;
  1. Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
  1. problems with your equipment and/or third-party equipment;
  1. interruptions to the Services requested by You.
1. Force Majeure
  1. net shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of Eyetech Ltd
    (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 its reasonable control.
1. Non-Waiver
  1. The failure of Eyetech Ltd to require Your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Eyetech Ltd of a breach of any provision hereof be taken or held
    to be a waiver of the provision itself.
1. Survival
  1. 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 party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms, but each party shall be liable for any damage
    from any breach by it of this Agreement.
1. Notice
  1. You agree that any notice or communications required or permitted to be delivered under this Agreement by Eyetech Ltd to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information You have provided.
1. Governing Law & Jurisdiction
  1. Except as otherwise outlined in the Domain Dispute Policy, Your rights and obligations and all contemplated by this Agreement shall be governed by Maltese law, and You submit to the exclusive jurisdiction of the Courts of Malta
1. Legal Fees
  1. If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable
    legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
1. Assignment
  1. You shall not assign, sublicense or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of Eyetech Ltd However, if Eyetech Ltd consents to such an assignment, sublicense
    or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
1. Entire Agreement
  1. This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to herein.
    This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.
1. Amendment in Writing
  1. We may update or amend these General Terms and Conditions, the Domain Registration Terms & Conditions, including any technical specification relating to the Services and/or Package, the Acceptable Use Policy,
    Privacy Policy and any information relating to the Services/Package from time to time, to comply with the law or to meet our changing business requirements. We will give You prior notice of any changes to the Agreement, and you can choose to
    cancel the Services without penalty before the new terms affect you. Display of the modified terms and conditions shall be deemed to be notice to you. You also agree to review the terms and conditions regularly to ensure you are aware
    of any modifications.
1. Further Assurances
  1. The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.
1. Relationship of the Parties
  1. Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
1. Joint and Several Obligations
  1. If any party consists of more than one entity, their obligations here under are joint and several.
1. No Third Party Beneficiaries
  1. This Agreement does not provide and shall not be constructed to provide any third parties with any remedy, claim, cause of action or privilege.
1. Severability
  1. If any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid
    as a whole. Eyetech Ltd will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Eyetech Ltd as reflected in the original provision.

Please note: by signing up for any of our services, you agree to be bound by all Eyetech Ltd terms and conditions.