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Terms and Conditions

Introduction

Xenex Web Solutions priority is and always will be our customers. Our aim is to consistently provide our valued customers with the most reliable network combined with exceptional web hosting service. At Xenex Web Solutions (‘Xenexbd’ and/or ‘Xenex’ hereafter) we are only happy with 100% Customer satisfaction. We don’t just promise you the world, we guarantee it!

Our terms and conditions are there to protect our customers as well as ourselves. Please make sure that you read this entire agreement before ordering any of Xenex Web Solutions products or services. By ordering any of our domain name registration & web hosting packages or services customers agree to have reviewed the following terms and conditions (also any other supplementary terms & conditions for any specific product sandor/or services) and agree to be bound by the following terms. Xenex Web Solutions customers must agree to comply with the terms and conditions when the account has been activated. In order to protect the rest of our valued customers, in the event that any customer breaches or fails to comply with any provisions set out in these terms and conditions, in addition to any other remedy available, Xenex Web Solutions retains the right to terminate these sites and customers from our web hosting network. Xenex Web Solutions also reserves the right to change or modify these Terms & Conditions at anytime .

Guarantees

1. Money Back Guarantee: Xenex Web Solutions proudly offers all of its valued customers a “7-Day Money Back Guarantee” for hosting and “3-day Money Back Guarantee” for domain names. This guarantee allows our new customers to purchase Xenex Web Solutions products and services with complete peace of mind, knowing that if for any reason our products or services did not exceed your expectations, you can request to receive a refund of the cost of your selected package within the first 7-days. Please note that refunds will not be eligible for any account that is terminated due to violating our acceptable usage policy and terms of service. However, any transaction costs and setup costs will not entertain the privilege of money back guarantees. In such cases, we will refund the money after adjusting these costs. Also in case of money back for domain names, we will charge $2 for each domain name. Refunds will not be eligible for any account that is terminated due to violating our acceptable usage policy and terms of service. Also note that, Money Back Guarantee is not included for any products/services purchased under any type of discount and/or promotion and there is no other dues in your account. We reserve the full rights about honoring the Money Back Guarantee and decision taken by Xenex Web Solutions will be final.

2. 99.9% Uptime Guarantee: Xenex Web Solutions offers a 99.9% Uptime Guarantee. That means your web site is guaranteed to be operational 99.9% of the time in any calendar month. Xenexbd’s guarantee of 99.9% service uptime allows for 30 minutes of (HTTP) service outage per month as defined here. If any server has any additional 60 minutes of downtime (90+ minutes in total) then you will receive 1-Month Free Web Hosting added to your account. For purposes of this guarantee, only downtime lasting at least 15 consecutive minutes is considered a service outage. Xenex Web Solutions will not be held responsible for Service Outages resulting from non-Xenex Web Solutions-operated equipment including, but not limited to, Internet NAP failures or congestion (MAE East, MAE West, etc.), backbone failures and your site’s own problems. Additionally, Xenex Web Solutions will not be held responsible for delays in the registration or transfer of a domain due to InterNIC-related issues, for outages resulting from malfunctioning customer scripts or applications that are installed by the customer, or for unusual traffic spikes or “denial of service” attacks on customer web sites. Free month hosting will be only added upon request by the customer and upon determination that a service outage, as defined by this guarantee, has occurred. To claim your free month of hosting, you will need to submit a request to our billing department within 3 days from the moment the service outage occurred. Requests submitted after 3rd day will be rejected. The maximum compensation will no way exceed your paid amount for that specific product/service and the maximum months for free hosting can be six.

Customer Use of Services

1. Agreement Activation: This agreement is active as soon as a customer has submitted the information on the Xenex Web Solutions ordering forms and has been approved by Xenex Web Solutions. Duration depends on the length of plan chosen for the customer. Plan lengths are subject to change at any time. Apart from the trial web hosting package all accounts are prepaid.

2. Verification of Agreement & Ratification: By activating your account you understand that by placing files on Xenex Web Solutions servers you are openly offering your files to the public and that Xenex Web Solutions has no way of limiting access and do not warrant the protection of your files. It is your sole responsibility to upload your files to your allocated space with discretion. It is recommended that you do not upload any personal files or information that you would not want the public to see. Completing the online ordering form will constitute an electronic signature of this agreement, and is agreed upon by Xenex Web Solutions.

3. Disk Space and Customers Content: Disk Space is restricted by content and usage. The following content types are not allowed on our shared web hosting packages including but not limited to warez, Porn, software downloading websites; audio or video streaming websites; and free hosting or e-mail providers. A violation of this provision will result in immediate suspension of the account to prevent any issues for our other valued customers. Customer is solely responsible for development, operation, maintenance of its website, online store and/or e-commerce activities. Including but without limitation, products and services offered online including the accuracy, appropriateness of the content making sure that it does not violate or infringe upon the rights of any person, is not defamatory or otherwise illegal. Customer shall be solely responsible for accepting processing and filling customer orders and inquiries or complaints and is responsible for the payment of all taxes associated with its website or online store. In addition Customer will be responsible for security and confidentiality of customer information (including credit card details) that they may receive as a result of their website or online store. Customer confirms to Xenex Web Solutions that it owns or has the right to use the customer content and material contained and that this content does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or any other property right of a third party, or violate any criminal law or result in unfair competition, defamation, constitute false advertising, invasion of privacy, violate a right of publicity or any other law or regulation.

4. Bandwidth Usage Policy: Because of the potential for abuse, Xenex Web Solutions has put into place the following policy which governs the use of the bandwidth. Bandwidth is restricted by usage. The following usage types are not allowed on our shared website hosting packages including but not limited to audio or video streaming files. A violation of this provision will result in immediate suspension to prevent any issues for our other valued customers.

5. Excessive CPU/Memory Resource Policy: Resources are defined as bandwidth and/or processor usage. This policy is implemented to prevent the misuse of our servers. CPU usage on the hosting server where your account is hosted is regulated as follows. Each account is only allowed to use a maximum 10% of the CPU power/usage at any given time. Premium Hosting users will enjoy maximum of 15% of CPU at any tiem. But for both cases daily and/or monthly average CPU access must be within 5%. Accounts that use above this amount or cause the web server to slow down for any reason will be asked to reduce the amount of load and traffic. Even if the customer upgrades we reserve the right to lock specific files or scripts that are found to still be overusing the CPU on their own and notify you of this. If this issue is not resolved promptly Xenexbd reserves the right to suspend or terminate an account without a refund if we feel that an account is jeopardizing our network and hence violating our TOS. Xenex will remain the sole arbiter as to what constitutes a violation of this policy.

6. Spam and Chat Room Policy: “Spamming” or sending a message to many different off topic newsgroups is unethical and will be treated as a breach of this ethical policy and will not be tolerated. Sending unwanted messages known as Spam to more than 20 people, is considered Spamming by Xenexbd unless the individuals have specifically requested to be added to the mailing list. Proof must be supplied that recipient has requested to receive this option should a complaint be made. Xenexbd reserves the right to suspend or terminate an account upon any indication that such activity has taken place without notice and without a refund for breaching our TOS. Should a customers account be suspended a clean up fee of $50 will be added to the account. Chat rooms, excluding IRC, are allowed provided that they do not result in any over usage of resources and abide by our CPU usage conditions.

7. False Information: Xenexbd’s customers agree not to post any false information to news groups as this will be violating their terms and conditions. Should Xenex be contacted at anytime with regards to any false, unethical or unlawful activities made by you, then Xenex Web Solutions reserves the right to terminate your web hosting service without notice and no refund will be issued due to violating Xenexbd’s TOS.

8. Non Legal Activity: Xenex Web Solutions hosting advises that its services may only be used for lawful purposes. Any actions by any account holder at Xenex Web Solutions that violates state, federal, local or international laws are strictly prohibited and will result in immediate removal of this customers account, including any files stored in the account. The following activities listed, but not limited too are forbidden at Xenex Web Solutions and will result in immediate dismissal of all customer accounts and files; if you host or serve any material that contains threatening, unlawful, abusive, obscene, offensive or material Xenex Web Solutions finds inappropriate, hosting unlicensed software that is available to public, software or files that contain viruses or harm user’s computers, sending unsolicited or prohibited advertisements, or mass emails, attempt to use any account without the current owners authorization or any attempts to “internet scam” will all result in actions being taken against the account holder which may include but are not limited to: warnings, account suspension or termination or legal action. Any accounts terminated for violating Xenex Web Solutions TOS will not be eligible for any refund.

9. Backup Files: Xenex Web Solutions goes out of its way to protect and backup data daily to a secondary Hard Disk. This backup of data is a value added service for our customers; Xenex Web Solutions does not guarantee this feature and therefore recommends that customers also back up their data daily. Requests for our administrators to retrieve individual customer’s back-up files can be made, but will be subject to our one time admin fee of $50.00

10. Domain Registration: If you are registering domain name(s) with us, you are also bound to accept the terms & conditions during domain registration.

11. Additional Service Installation: Xenex Web Solutions offers its customers many scripts for free by offering its customers Fantastico and cPanel. Should a customers request to have any additional scripts or software installed onto Xenex Web Solutions servers that are not included already in the control panel or Fantastico, there will be a technical administrative charge for that service.

12. Background Operations: Xenex Web Solutions may allow programs to run continually in the background. These are called cron jobs and are limited to run every two hours only. Any account violating this term will be suspended until this matter is completely resolved.

13. Account Termination: Xenex Web Solutions reserves the right to cancel an account at will at its sole discretion. A customer can terminate its account given that the following provisions are met: Account: is in good standing, does not host content not allowed by Xenex Web Solutions, has no pending warnings or complaints and that holder submit a ticket via Help Desk or sending an e-mail to support@xenexbd.com requesting to cancel the contract seven days prior to the next billing cycle.

Payment Obligations, Renewals and Charge Backs

1. Payment Obligations: All payments are required in advance. By ordering our products or services you give Xenex Web Solutions the right to debit the credit card provided on the ordering page for payment of the services you have signed up for, until such time that this service is canceled by you in writing via email, or canceled by Xenex Web Solutions according to these terms and conditions. You confirm that the information provided to us is accurate and truthful. All invoices will be sent to you via email, no invoices will ever be sent by post or fax. If we do not receive payment when an invoice has been overdue for a period of four days then Xenex Web Solutions will suspend your account for non payment. It is the customer’s sole responsibility to make sure that the web hosting fees are paid on time via the payment methods that are available with Xenex Web Solutions. This suspension will remain for a period of 14 days, during which time your account may be activated at anytime. In order for the account to be reconnected, all outstanding invoices must have been paid as well as a $15 reconnection charge.

2. Non Payment of Shared: This section does not absolve Xenex Web Solutions or customer of any provisions set forth previously in our billing policy. It is the customer’s sole responsibility to make sure that invoices are paid on time and the email address on file is a working and an up to date one. Xenex Web Solutions will make a reasonable effort to contact any customer that defaults on their payments on three separate occasions. The first day after payment should have been made; you will receive a payment reminder notice that states you must update your credit card and pay your invoice. The second day a second payment reminder is sent and the third day the suspension notice. On the fourth day the customers account(s) will be suspended for non payment. The account will remain suspended for a period of 14 days, during which time the account can be reconnected on condition that all outstanding invoices are paid. After 15 days (until 30 days), the account can also be reconnected on condition that all outstanding invoices are paid, including a $15.00 or Tk. 1000 (whichone is higher) reconnection fee for Web Hosting. On day 31 after payment was due the account will be terminated. Xenex Web Solutions may temporarily, or indefinitely deny service or terminate this agreement upon failure to collect payment from the customer. Such termination with no payment will result in customer being indebted to Xenex and customer will be responsible for any collection fees.

3. Renewals: Xenex Web Solutions web site hosting accounts automatically renew unless you give written notice via e-mail or sending a ticket to billing department at least 7 days before the renewal date stating that you do not wish for your account to be renewed. If the cancellation request is received within six to zero days before the renewal date, this cancellation request will be effective on the following billing cycle and charges for the current month will apply.

4. Charge Backs: Xenex Web Solutions does not allow charge backs to occur to its merchant accounts and contracts with VISA/ MASTERCARD International, American Express and its Discover Financial services. It is not recommended to initiate a charge back hence customer agreed to AUP (this document) and the terms and conditions as outlined in this document and Xenex Web Solutions will use this document and customers agreement at the time of the order to wholeheartedly fight a charge back and/ dispute. If the customer has supplied a valid reason for a refund, Xenex Web Solutions will gladly apply this refund ONLY if the requirements specified above are met. Any dispute/ charge back attempts will immediately result in suspension of the web hosting account and another charge will be applied the customers credit card under the same order/ authorization number. Any customer, who provides a credit card charge back in response to a bill and/or order placed at Xenex Web Solutions, will be subject to collections and legal action. Charge backs are never an acceptable means of attaining a refund. By ordering an account you are bound by these terms and conditions and must follow and agree to them. The following amounts will be applied for all charge backs: $25.00 Charge back processing fee, $100 penalty for charge back usage. In addition if collections action is required a 22% collections fee will be assessed as well for the total amount.

Marketing Policy

1. Customer Surveys: Customer surveys may be issued from time to time. Please note that any response to surveys may result in the use of your comments/ questions and answers in promotional materials such as our testimonial web page. By choosing to fill out the survey you consent our use of said material. If you wish to complete a survey but do not wish that your response be posted in public please specify in the comment box provided.

2. Press / News Releases: Xenex Web Solutions considers all press or news releases to be forward looking statements: Any statements in this website are not historical facts and are forward-looking statements that involve risks and uncertainties; actual results may differ from the forward looking statements. Xenex Web Solutions undertakes no obligation to publicly release results of any revisions to these forward looking statements that may be made to reflect events or circumstances after the date or to reflect the occurrence of unanticipated events.

3. Promotions and Service Upgrades: Xenex Web Solutions reserves the right to change but not limited to the prices, features or promotions for any of our products or services at anytime. These new prices, features or promotions are only valid for new customers that join Xenex Web Solutions during the time that these prices, features or promotions are valid.

Acceptable Behavior Policy

Abuse towards any Xenex Web Solutions employee will not be tolerated. Customers are expected to request and respond to Xenex’s support team in a professional manner. This includes when contacting our support team via the phone, email, live chat or via our ticket desk. Any form of shouting, swearing or disruptive behavior (whether written, orally or verbally) aimed at Xenex Web Solutions or any of its staff members can be considered a violation of our terms of service. In addition any threat made (even if delivered by a second party) or any conduct that is viewed as violating this section directed towards Xenex Web Solutions, its staff, partners, customers or equipment shall be construed as violation of TOS. Please note that Xenex Web Solutions will remain the only and sole arbitrator as to what is or could be deemed as a violation. As per this contract, no refunds will be given when the contents of this section results in the necessity to remove an account from our network.

Disclaimer of Warranty

Xenex Web Solutions makes no warranties or representations for the services being offered. Xenex Web Solutions provides hosting services on “as is” and “as available” basis with no warranties for the services provided to the customer.

Additional Services Warranty: Additional hosting services include but are not limited to, upgrades, additional disk space or bandwidth, dedicated IP address. These additional services are not covered under our “7-day money back guarantee” and will therefore be deducted from the prorated refund amount. They are provided on “as is” and “as available” basis. Xenex Web Solutions disclaims any implied warranties from Xenex Web Solutions, its employees or affiliates and therefore can not be held responsible or liable for any possible damages resulting in the use or misuse of any information, content or services provided by Xenex Web Solutions. Including direct or indirect, punitive and incidental resulting from any failure to provide services, suspension or termination of services.

Limited Liability: Customer agrees that no Xenex Web Solutions member of staff, at anytime shall be held responsible or liable for any but not limited to the following: i) where Xenex Web Solutions services are accessed by any third parties through illegal or illicit means. This includes any situations where data is accessed through exploiting of security gaps, flaws or weaknesses which may exist in the Xenex’s services or any of Xenex Web Solutions equipment. ii) for any damages or losses (including those of third parties) that could result from the use of or inability to use Xenex Web Solutions products or services, or that could result from but are not limited to; any omissions, loss of data, interruptions, mistakes, deletion of files, errors viruses, defects, delays in operations or transmissions or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction or unauthorized access to Xenex Web Solutions records, programs, equipment products or services. iii) for consequential, indirect, incidental, punitive or special damages, any loss of profits or revenue earned, or data lost that is used by the customer or any third party, this stands whether the action is in contract, tort, strict liability or other legal theory. iv) when Xenex Web Solutions has to take corrective action under this agreement, due to a action resulting from a Xenex Web Solutions customer, one of their customers or a reseller customer that as a result may adversely affect all their other customers. Should any the above occur, Xenex’s maximum liability under this agreement from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by the customer for the services that gave rise to such damages, losses and causes of actions during the quarter period (three months) prior to the date that the damage, loss occurred or the cause of action arose. Please note that this limitation of liability reflects an informed and voluntary allocation between parties involved of the potential risks that may exist in connection with this agreement. In addition it is stated that the terms of this section shall also survive any termination of this agreement.

Right to refuse service: Xenex Web Solutions may refuse to accept any customer or website for participation of Xenex Web Solutions services including hosting network as determined by Xenex Web Solutions at its sole discretion.

Indemnification: The customer by agreeing to this TOS, agrees to indemnify Xenex Web Solutions, its employees, agents and representatives harmless from any but not limited to, claims, demands, liabilities, expenses, suits, actions, damages and attorney fees that may arise from any lawsuits or claims for libel, slander, copyright, trademark violation or other claims resulting from (i) customer participation in the Xenex Web Solutions services hosting network (ii) operation of customers website or any URL submitted to Xenex Web Solutions (iii) otherwise arising from customers relationship with Xenex Web Solutions. Customer agrees to indemnify Xenex Web Solutions for any legal fees incurred by Xenex Web Solutions, acting reasonably, in investigating or enforcing its rights under this agreement.

Force Majeure: Xenex Web Solutions will not be liable for failure or delay in performing its obligations if such a failure or delay is due to circumstances beyond its reasonable control, including without limitation, acts of any governmental body, war, sabotage, fire, flood, strike , interruption or delay in transportation or telecommunications or third party services (including DNS propagation), failure of a third party software or hardware. This includes inability to obtain supplies or power used in or equipment needed to provide Xenex Web Solutions services.

Disclosure of Customer Information and Legal Process: Xenex Web Solutions maintains a strict confidentiality with regards to its valued customer’s information. However there may be certain times when Xenex Web Solutions has to make exceptions and be asked to disclose all information in its possession in order to comply with any court orders, subpoena, discovery request, warrant, statute, regulation or official governmental requests. Please note that Xenex Web Solutions has no obligation to inform any of our customers should information be requested. By agreeing to this contract the customer understands, acknowledges and agrees to these valid exceptions.

Governing law; Jurisdiction: This agreement is governed by the State of Nevada Law and both parties will submit to the personal jurisdiction in the State of Nevada.

Assignment: Customer does not and will not have the right to assign this agreement without prior written consent of Xenex Web Solutions. This agreement shall be binding upon and inure to the benefit of customer and Xenex Web Solutions and their successors and permitted assigns.

Entire Agreement; Severability: This agreement along with any other Xenex Web Solutions documents mentioned in this agreement represents the complete agreement made between all parties and therefore will supersede all previous agreements, documents or understandings. If any provision of this agreement is held by a court of competent jurisdiction to be invalid, unenforceable or void the remainder of this agreement shall remain in full force and effect. Customer hereby represents that they are entering this agreement for their personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized and in good standing under the laws of the state of its organization and the person acting on behalf of customer is duly authorized, to accept, deliver this agreement on behalf of the customer.

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