TERMS FOR HOSTINZA.NET
- Electronic Services (hereinafter – the “Services”) for the purposes of these Terms and Conditions means the electronic services and/or products to be provided to the Customer such as leasing a virtual private server or a dedicated server and other related services.
- “Order” means a request made by the Customer for the Services to be supplied pursuant to the terms of the Agreement and these Terms and Conditions.
- “Blacklist” means a so called blacklist or block list which is a basic access control system that denies entry or access to a specific list or range of users or network addresses or IP addresses, as a result of which email sent by a user or from a network address or from an IP address that is on the blacklist will not reach its intended destination or recipient.
- “DDoS” means Distributed-Denial-of-Service.
- “DoS” means Denial-of-Service.
- “DRDoS” means Distributed-Reflected-Denial-of-Service.
- “Infrastructure” means the Equipment, Service and Instances that support the flow and processing of information, including storage, servers and networking components.
- “Spam” means unsolicited bulk messages.
- “Malicious Software” means any type or form of malicious or hostile Software, including but not limited to computer viruses, worms, trojan horses, and spyware.
- These Terms and Conditions is the annex to the Agreement between the Customer and the Operator. If any of these Terms and Conditions are inconsistent with the Agreement, then the Agreement shall prevail.
- If the Customer does not agree to the Agreement and these Terms and Conditions, the Customer is not allowed to order any services offered on this Website..
- By ordering and paying for the Services the Customer warrants that the Customer is capable of entering into the Agreement with the Operator; or is acting with the express permission of a person or organisation and using the payment details of that person or organisation and that they also agree to be bound by the terms the Agreement and these Terms and Conditions. The Customer also agrees to comply and adhere to any and all applicable laws and regulations in relation to the Agreement and these Terms and Conditions.
- The Customer warrants that the contact information the Customer provides to the Operator is correct, and that the Customer will update this information immediately, as required from time to time. The Customer agrees that the Operator may suspend access to the Customer’s account and the Services if the Operator reasonably believes that the information the Customer has supplied is inaccurate.
- The Customer certifies that by purchasing the Services from this Website that the Customer is 18 years or older.
- The Operator reserves the right to amend, modify or alter any of these Terms and Conditions without the prior consent of the Customer.
Payment for the Services and procedure of settlements
- Unless otherwise specified, Services are provided for a minimum contract term of 1 month and unless cancelled in accordance with Clause 1.10. of the Agreement automatically may be renewed for further periods.
- If the Customer uses PayPal payment method on a subscription basis when placing an order for a period of one year, the Customer agrees immediately after payment is done to cancel the PayPal subscription in their PayPal account if such a subscription was created. This condition is a requirement of PayPal – the Customer can only create subscriptions with a monthly payment basis.
- The Customer may cancel the Services with the Operator either through the Client Panel ticket system or via email. Once the Operator accepts the Customer’s cancellation request, the Customer will be provided with confirmation of cancellation. Cancellation requests by email need to be received at least three working days prior to the Services renewal date. Cancellation requests will not be deemed to have been received and accepted until the Operator has issued the Operator’s confirmation to the Customer.
- The Customer accepts that if the Customer’s account is paid for by another party, who has agreed to be bound by the terms of this Agreement that party and who has access to the Customer’s account password, the Operator may discuss the Customer’s account with that party and take instructions from them in relation to the account.
- The Customer has the right to cancel the Services within 14 days from the date the Services provided. For the avoidance of doubt, the Agreement is formed when the Customer places the Order button through the Operator’s website, and therefore providing the Operator with permission to commence the Customer’s Services.
- The Customer warrants that the Customer is authorised to use the Customer’s chosen method of payment. If the Customer is not the named cardholder, the Customer acknowledge that the Customer and the named cardholder both agree to be bound by the terms of this Agreement and are jointly and severally liable for all payments under this Agreement. The Customer agrees to indemnify and hold the Operator harmless in the event that the cardholder or issuer declines any payments to the Operator including all of the Operator’s costs in administering the Customer’s non-payment and obtaining the payment due to the Operator by the Customer.
Supply of Services and Maintenance.
- The Operator agrees to supply the Services to the Customer in accordance with the terms set out in the Agreement and this Terms and Conditions.
- The Operator will use reasonable endeavours to supply the Services to the Customer as soon as it is reasonably practicable and in the event that the Operator becomes aware of any reason for delay, the Operator shall notify the Customer.
- The Operator will provide the Services to the Customer using reasonable skill and care.
- The Operator reserves the right to improve, modify or change the Services provided to the Customer and the Operator will use reasonable endeavours to notify the Customer as soon as it is reasonably practical to do so.
- The Operator reserve the right to deactivate individual features, applications, scripts or programs as necessary in the interests of technical progress, security, availability of technical support on the provider or manufacturer side, to ensure the stable operation and integrity of the Operator’s systems.
- The Operator shall take reasonable steps to ensure that any deactivation of individual features, applications, scripts or programs will not result in changes to a core function of the Services the Operator provides the Customer and to offer technical alternatives (including upgrades and updated versions of software) as and when such alternatives become available.
- In the event that such changes result in changes to a core function of the Services the Operator provide the Customer and no viable alternative is available, the Customer will be entitled to a pro-rated refund on cancellation.
- In the event of changes of features, applications, scripts and programs pursuant to clauses above, the Customer agrees to cooperate and be responsible for managing any adjustments to the Customer’s Services if requested to do so. the Operator will endeavour to communicate any changes to the Customer as soon as possible.
Responsibility of the parties.
- In case of non receipt by the Operator written claims from the Customer within 7 days after the completion of rendering the Services, the Services are considered rendered properly.
- If any downtime caused by scheduled or emergency maintenance or repair occurs the Operator will use the Operator’s reasonable endeavours to ensure that any disruption to the Services is minimal and any scheduled work takes place during off-peak hours when possible.
- By purchasing the Services on the Operator’s Website, the Customer confirms their agreement that the Operator shall not be liable to the Customer and to the other under or in connection with this Agreement or any collateral contract for any: loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss due to damage/corruption of data; any direct or indirect loss resulting from the use of the Service.
- If any downtime for more than 5 working days caused by scheduled or emergency maintenance or repair occurs the Operator shall substitute reasonably equivalent Services or at the written request of the Customer the Operator shall make a refund of funds prepaid for the Services.
- For all cases, including refunds, the maximum financial liability of the operator is limited and defined as the difference between the amount of prepayment made by the Customer for the operator’s services and the cost of the services actually rendered over the past periods of time. For example, if the Services were prepaid for a period of 1 year, 6 months, 1 quarter, 1 month a refund will be made only for the remaining unused period (number of unused days) of the Services.
- No matter how many claims are made and whatever the basis of such claims, the Operator’s maximum aggregate liability to the Customer under or in connection with the Agreement and these Terms and Conditions in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in the Agreement and these Terms and Conditions) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by the Customer for the specific Services in relation to which the Customer’s claim arises.
- The Operator will not be liable to the Customer if the Operator, using the Operator’s endeavours, fail to supply the Services within a specific timescale.
- The Operator will not be liable to the Customer or any third party for losses whatsoever caused by any downtime; whether emergency or scheduled.
- The Operator accepts no liability to the Customer or any third parties for losses arising from third party use of the Customer’s Services as set out above.
- All data created or stored by the Customer within the Operator’s applications and servers are the Customer’s property. the Operator makes no claim of ownership of any web server content, email content, or any other type of data contained within the Customer’s server space or within applications on servers owned by the Operator.
- In the event of loss of or damage to the Customer’s data, howsoever caused, the Operator, in no circumstances, will be liable to recover the Customer’s data.
- In the event of loss of or damage to the Customer’s data relating to a failure in the Operator’s systems or servers, the Operator will make reasonable commercial efforts to assist the Customer with restoring the Customer’s data. Notwithstanding this, however, the Customer accepts full responsibility for maintaining adequate backup copies of all the Customer’s data.
- The Services are provided on an “as is” and “as available” basis. The Operator does not warrant or represent that any Services will be uninterrupted or error-free. the Customer accept that all Services are provided warranty-free.
- The Operator will not be liable for any loss or damage of any nature suffered by the Customer arising out of or in connection with any breach of this Agreement by the Customer or any act, misrepresentation, error or omission made by the Customer or on the Customer’s behalf.
- The Operator will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by the Customer or for any wasted management time or failure to make anticipated savings or liability the Customer incurs 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.
- The Operator will not be responsible for any failure to provide any Services or perform any obligation under the Agreement and these Terms and Conditions because of any act of God, strike, lock-outs or other industrial disputes (whether the Operator’s employees 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 the Operator’s reasonable control.
- The Operator reserves the right to conduct an investigation, based on suspected violations of the Agreement and these Terms and Conditions; and/or (potential) security risks to its Infrastructure; and/or a valid request of the relevant (law enforcement) authorities.
- As part of this investigation, the Operator may, acting reasonably gather information from or about the Customer; if relevant, gather information from a complaining party; and/or review and investigate the Customer’s Services. The Customer is obliged to fully cooperate with any such investigations by the Operator.
- To the extent legally required, the Operator is authorised to grant relevant law enforcement authorities access to Customer’s content, information and/or Infrastructure, as well as any information gathered in the investigation conducted by the Operator.
- Upon request of a third party, the Operator shall be entitled to disclose identifying Customer information to said party in connection with a (suspected) breach to the extent required by law.
- The Operator shall be entitled to take action, legal or otherwise, against the Customer and/or and end user, in the event that the use of the Service by the Customer or its end user(s), breaches the Agreement and these Terms and Conditions, or the Customer fails to comply with any obligation under the Agreement and these Terms and Conditions. The appropriate action will be determined by the Operator, in its sole discretion.
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