Esadax. Terms and conditions for provision of the Esadax Hosting Service
6.1 The Contract shall govern the supply of Services to the Customer effective from the date of respective signing. The Contract shall have the duration indicated in the Order Form and shall be renewed in accordance with the frequency indicated therein.
6.2 If the Customer has chosen to pay by credit card or PayPal, the Service(s) shall be renewed automatically on expiry for successive periods of one year, unless one party sends the other a notice of termination in such a way that receipt thereof may be confirmed and at least 15 (fifteen) days in advance of the expiry date. Upon renewal, the Price List and other contractual terms and conditions in force shall apply.
In order to ensure the continued supply of the Service(s), Esadax shall ask its Banking Institution, 7 (seven) days prior to the actual expiration date of the Service(s), to make the payment in its favour for the renewal of the Service(s). In the event of failure to credit the amount established for one or more of the Services to be renewed, Esadax shall reserve the right to perform once again said operation over the subsequent days preceding the Service expiration date.
6.2.1 The Customer hereby expressly acknowledges and accepts that, unless he or she is otherwise notified by Esadax, the Contract shall be automatically terminated in the event of non-payment of the amount due for the renewal of the Service no later than 2 (two) days prior to the expiry date. This deadline shall be considered non-extendable and Esadax regards it as an essential provision in its interest, subject to the provisions in Articles 6.7, 6.8, and 6.9 below.
6.3 In the event of payment by a means other than a credit card or PayPal, or in other cases expressly stipulated by Esadax, the Customer may renew the Service(s) for further periods of one year before the expiry date thereof—preferably at least 15 (fifteen) days before said date—by sending the respective request and payment, in accordance with the procedures and time frames referred to in Art. 7.
6.4 The Customer acknowledges that their credit card details, if used for making the payment for the Service(s), shall be stored by Esadax's Bank to allow it to perform payment for any other service provided by Esadax.
6.5 The Customer may disable the automatic renewal at any time from the specific field of the Customer Area, in any case: i) by deleting and/or removing the unique identification code of one or more Credit Cards and/or one or more PayPal accounts; or ii) for PayPal payment, by disabling the automatic payment option in the PayPal account.
6.6 The Customer acknowledges and accepts that on the expiration date of each Service and, in any case, at the end of the Contract for whatever reason, the Parties shall automatically be discharged from the respective obligations. The Customer agrees to store a copy of any data, information, or contents processed through the Service, as once the Contract has ended or the Service has expired, said data may no longer be recovered.
6.7 If the domain name, registered and/or maintained by the Registration Authority responsible for the Services provided by Esadax, is transferred to another Provider before the expiry of the Service, the Contract will be deemed to have ceased at the end of the transfer procedure. If concluded after the expiry, it will cease on the date originally agreed.
6.8 If the Service is not renewed upon expiration and up to the actual cancellation of the domain name from the Register of the Competent Authority, the Customer expressly authorises Esadax, now for then, to link the domain name to a Web page containing advertisements. In this case the registration data in the Whois Register of the Competent Authority will remain unchanged. The Customer declares not requesting or expecting anything from Esadax regarding its actions under said authorisation.
6.9 Notwithstanding the above, the Customer hereby grants Esadax, which accepts, an express mandate without powers of representation, to keep the registration of the domain name and/or Premium Domain active in Esadax's name, but on the Customer's behalf, even after it has expired and until otherwise requested by that Customer, in return for a refund of the money paid by Esadax to keep the registration of the domain name active. In this regard, all the powers necessary for this purpose are conferred on Esadax, including the power to change the data relating to the holder of the domain name and/or to use the Auth Info code associated with said domain. This mandate is assumed to have been fulfilled if the registration of the domain in question is maintained in the name of another company in the Esadax Group. The Customer does not owe anything to Esadax for the fulfilment of the mandate.
6.10 It is to be understood that all the services associated with the domain name will still be disabled (but not limited to: hosting, email and any Additional Services).
6.11 Following the expiry date of the Service(s) and within the deadlines set by the individual competent Authorities, as indicated on the website, https://www.esadax.com, the Customer may recover the registration of the domain name or ask for it to be reassigned to him or her, in accordance with the procedures and the conditions indicated by Esadax, by paying the fee for all the services that he/she wishes to activate and any further amounts necessary for the recovery of the domain name from the competent Authority, as indicated on the website, https://www.esadax.com. Without prejudice to the provisions of the previous art. 6.6.