The use of any services from Musicboxset Limited constitutes an agreement by the customer to the terms outlined in these Terms of Service. If you have any questions or concerns relating to these Terms of Service you must contact us before purchasing a service with us.

Terms  1.0

The initial service term of the agreement shall begin on the date that Musicboxset Limited generates an e-mail message announcing the activation of the service (the "Service Commencement Date") and shall continue either monthly, quarterly, semi-annually, annually, biennially (24 months) or triennially (36 months) depending on the term picked by the customer. Upon expiration of the initial term, this agreement shall automatically renew for the same length as the initial term unless Musicboxset Limited or the customer provides the other with written notice of non-renewal at least one (2) days prior to the expiration of the initial term or the then-current renewal term, as applicable. The initial term and any renewal term may be referred to collectively in this agreement as the "Term."

Cancellation & Refunds  2.0

Musicboxset Limited's management team reserves the right to terminate a service with or without notifying the customer. Musicboxset Limited's management team also reserves the the right to terminate services with or without a full/pro-rata refund.

Customer agree's that if they use a service provided by Musicboxset Limited and violate any of these Terms of Service, including breaking any UK law will result in termination of all your services associated with us and a minimum of £40 GBP but not exceeding £2000 GBP invoice which is required to be paid in full to clean up the associated services(s).

Our Shared & Reseller plans come with a maximum of 30 days to request a full refund for their plan. Please note that software licenses, domains & SSL Certificates that are purchased with the service are not included in the refund & will also be cancelled and/or seized.

Musicboxset Limited provides virtual/cloud/dedicated servers, be advised we do not provide any refunds for servers unless there is a physical fault using the server which cannot be fixed.

Except our BoxBilling Pro Licenses (Only includes monthly, quarterly, semi-annually, annually etc. Owned licenses are not refundable, once provisioned, they cannot be cancelled), we do not provide any refunds for software licenses.

Our management team reserves the right to require further proof of I.D. before a server if provisioned, failure to provide this information will result in your order being returned as fraud and no refund issued. By ordering, you agree to these terms

BoxBilling Pro Licenses: If you currently hold an owned license (one time payment) and wish to transfer this license to someone else, a £10 transfer fee is required which can either be paid by the curret license holder or the new license holder. A £10.00 Transfer Fee will be automatically added to the license holders account if their biling details change.

Content Restrictions  3.0

Musicboxset Limited prohibits the use of it's services for illegal activities. This includes hosting of copyrighted material, "nulled" scripts, or anything that is considered illegal under UK law. A suspension leading up to termination will be imposed for a breach of these terms. While we strive to accommodate all types of sites our shared and/or reseller hosting may not be used for the following:

  • File, Video or Image Hosting Sites
  • Proxies
  • Backup Storage / File Storage
  • Mirrors for software or game files
  • Scripts that run continuously
  • Scripts that run unattended or could be considered daemons
  • IRC Bots
  • Sending unsolicited messages/emails (SPAM)
  • Phishing Sites / Fraud Sites and/or emails
  • Anything that would be considered illegal under UL & European law
  • Child Pornography
  • Adult Content (18+ Content)

Furthermore the end user is solely responsible for all files on their cPanel including any uploaded from compromised or hacked scripts. It is the responsibility of the client to make sure the permissions on their files are set correctly and all scripts in use are up to date with the latest patches.

Payments  4.0

Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly, quarterly, semi-annually, annually, biennially (24 months) or triennially (36 months) as indicated on their order, beginning on the service commencement Date. Musicboxset Limited requires payment for the first billing cycle before beginning any service. Musicboxset Limited provides the default payment gateway "PayPal" and is available on all services offered by Musicboxset Limited. Note that PayPal payments to us are not a subscription and you are required to log into your client area to extend any service. In addition to the PayPal payment gateway, we also provide on certain services including but not limited to shared hosting and reseller hosting a "Credit/Debit Card" payment gateway powered by Stripe, by choosing this gateway, you consent that Musicboxset Limited may charge your card at the beginning of each billing cycle term.

Payments must be made in either British Pounds or United States Dollars. The customer is responsible for providing Musicboxset Limited with changes to billing information (such as credit card expiration, change in billing address), you can provide this information in a support ticket if billing address or use the update card details on your client details to update your card details. Musicboxset Limited may suspend any service without notice if payment for the service is overdue. Customer agrees to pay Musicboxset Limited's reasonable reinstatement fee of £4.00 GBP (or $7.00 USD) following a suspension of service for non-payment.

Law / AUP  5.0 - NEW

Customer agrees to use the service in compliance with applicable law and Musicboxset Limited's Acceptable Use Policy posted here (the "AUP"), which is hereby incorporated by reference in this agreement. Customer agrees that Musicboxset Limited may, in its reasonable commercial judgement consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on customer's use of the services. Amendments to the AUP are effective as of the effective date shown at the bottom of the AUP page. Customer agrees to cooperate with Musicboxset Limited's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Musicboxset Limited and the customer regarding the interpretation of the AUP, Musicboxset Limited's commercially reasonable interpretation of the AUP shall govern.

Customer Information  6.0

Customer represents and warrants to Musicboxset Limited that the information he, she or it has provided and will provide to Musicboxset Limited for purposes of establishing and maintaining the service is accurate. If the customer is an individual, the customer represents and warrants to Musicboxset Limited that he or she is at least 18 years of age. Musicboxset Limited may rely on the instructions of the person listed as the primary customer contact on the order with regard to customer's account until customer has provided a written notice changing the primary customer contact. If the customer provides invalid/fake information to remain anonymous or any other reason, services may be suspended without notice.

Indemnification  7.0

Customer agrees to indemnify and hold harmless Musicboxset Limited, Musicboxset Limited's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of customer's services in violation of applicable law or the AUP by customer or any person using customer's log on information, regardless of whether such person has been authorized to use the services by customer.

Indemnification  8.0

MUSICBOXSET LIMITED DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW MUSICBOXSET LIMITED DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.'

Limitation of Damages  9.0

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF MUSICBOXSET LIMITED AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

Request for Customer Information  10.0

The customer agrees that Musicboxset Limited may, without notice to customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that Musicboxset Limited believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Our Backup Policy  11.0

Unless stated on the service, we do not take backups of services for customer use. Our backups are for our technicians and networks team only and are for security and hardware failures only.

Abusive Behaviour  12.0

Musicboxset Limited has a zero tolerance for abusive behaviour towards the company or staff. If a customer continues to act in an abusive way toward our staff or company after a warning all active services will be suspended leading to termination and communication with the customer terminated without refund.

Spam / Mass Email Policy  13.0 - NEW

Under no circumstance may any Musicboxset Limited services be used to send unsolicited Email. Mass Emailing is strictly forbidden for any purpose without prior written approval by our Management Team or System Administrator. Any user found to be in violation of this policy will have their service suspended or terminated without notice. If a blacklisting occurs while an IP address is under a user's control their service will be immediately and permanently suspended. An administrative fee for £50.00 GBP ($85.00 USD) will also be applied to the account on file to cover the costs for cleaning up the IP space and dealing with complaints.

Disputes / Chargebacks  14.0 - NEW

By threatening to and/or opening a dispute for payments made to Musicboxset Limited all communication from Musicboxset Limited will cease and active services will be permanently suspended. Once a dispute is threatened or opened Musicboxset Limited will only communicate with the customer via options provided by the payment provider or by certified postal mail. All services and payments will be forfeited regardless of the outcome of the dispute. All chargebacks will have a minimum administrative fee of £40.00 GBP ($85.00 USD) added to the account with a maximum amount not to exceed the total amount for the service, which ever is higher.

Changes to Musicboxset Limited's Network  15.0

Upgrades and other changes in Musicboxset Limited's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. Musicboxset Limited reserves the right to change its network in its commercially reasonable discretion, and Musicboxset Limited shall not be liable for any resulting harm to Customer.

Force Majeure  16.0

Musicboxset Limited shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Musicboxset Limited's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Miscellaneous  16.0 - Important

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on Musicboxset Limited unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Musicboxset Limited's prior written consent. Musicboxset Limited's approval for assignment is contingent on the assignee meeting Musicboxset Limited's credit approval criteria. Musicboxset Limited may assign the Agreement in whole or in part.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.

These Terms of Service were last edited: July 7th, 2015 at 21:04
These Terms of Service are in effect as of July 8th, 2015.

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