Terms and Conditions
This Agreement is established between the HostPro web hosting company and you. The terms “We”, “Us” or “Our” refer to HostPro. The terms “You”, “Your”, or “Customer” refer to any individual or entity who accepts the Terms and Conditions of this agreement and purchases services provided by HostPro.
Terms and Conditions
Last modified: 25.02.2021
READ THIS TERMS AND CONDITIONS DOCUMENT THOROUGHLY FOR IT HAS ESSENTIAL INFORMATION RELATED TO YOUR RIGHTS AND REMEDIES.
The Terms and Definitions used in the Agreement
Server is a software-hardware computing system that performs service functions at client’s request, giving them access to certain resources.
Hosting is the service of providing disk space and physical data allocation on a server that is constantly online.
Login is a set of letters, numbers and symbols unique to Our web server, which, in combination with the password, serves as the Customer's identifier.
Password is a set of letters, numbers and symbols that, in combination with the Login, serves as the Customer's identifier.
Order is an electronic message sent by the Customer from Our website (https://hostpro.com) containing the order number, as well as a list of services that the Customer wishes to receive.
Billing system is a section of Our site, the login and password of which is provided to the Customer after the order is formed via the URL https://hostpro.com/billing. The Billing system stores the Customer's data, the list, date and content of the emails sent to the Customer, the list of bills paid by the Customer, active services. The Customer is solely responsible for the safety of the login and password to the Billing system.
Our site accessible via the internet, is the website at https://hostpro.com. All users of the worldwide internet may visit it 24 hours a day, 7 days a week.
- the implementation of an organized mass mailing of advertising, commercial or agitational nature to other users of the network without their consent; letters containing rude and offensive expressions and proposals, postingat any conference or online forum, commercial or agitational messages, unless such communications are permitted by the rules of such a conference or forum, or their placement was agreed with the owners or administrators of such a conference or forum;
- sending out information to recipients who previously expressed their unwillingness to receive such information;
- the usage of own or provided information resources (mailboxes, email addresses, WWW pages, etc.) as contact information in the implementation of any of the above actions, no matter from which point of the network the actions were performed.
Web hosting service(s):
- providing the Customer with unique name (login) and password, which allows them to place data on Our server;
- providing the Customer with login and password to the Billing system;
- providing the Customer with disk space and other technical resources on Our server in accordance with the selected plan on our website;
- obtainment by Customer of consultations from technical support department necessary for using web hosting or contact details which are listed on Our website.
1. The Subject of the Agreement
1.1. We, as a web hosting company, oblige ourselves to provide You with the hosting services according to the plan You have chosen. All the plans We have are published on Our site.
1.2 You are responsible for paying for the Services selected by You. The amount You need to pay is specified on Our site.
1.3 We are not obliged to set up or diagnose Your personal computer, router, and/or Your software. We also don’t provide services that relate to teaching You how to use the internet or Your computer.
2. Payment Terms and Service Costs
2.1. The cost of Services You receive under this agreement is indicated on Our website.
2.2. We will send You an invoice to Your email. The invoice will contain the prepayment for our Services. You will receive the invoice at least 5 days before the date of Your next payment. You must pay the invoice by transferring the payment to Our account. In the case of partial or full failure to pay within the specified period, We will suspend the service until You cover the cost of the service completely.
2.3. The email address is specified by You when placing the order on Our site. You are solely responsible for the accuracy and performance of Your email.
2.4. You can pay for the services using the national currency of North America or European Union in the form of the prepayment for the period chosen by You when completing the order procedure on our site. The minimum period for an order is 1 (one) month. If You need to change the billing period, You can inform us via email or change the billing period through Our billing system.
2.5. You are solely responsible for the accuracy of the payment and its timely transfer to cover the cost of the service We provide You.
2.6. All the transaction fees for paying the Contractor's bills are paid by the Customer.
2.6. You are obliged to pay for all the transaction fees (commissions).
2.7 In case of changing Contractor's bank requisites, from the moment of the announcement of new details via e-mail and / or publication on Contractor’s website (http://hostpro.ua), Customer is solely responsible for the payments made under the old details.
2.7. In the case when We change Our bank requisites having informed You via email and/or having published the switch to new bank requisites on Our website (https://hostpro.com), You are held responsible for the payments made under the former bank requisites.
2.8. When You prepare the payment documents in the Purpose of payment section, You must provide the invoice number. If the invoice number is absent, We cannot guarantee that the received payment will be applied for the services We provide You.
2.9. We may change the pricing for Our services. You, in turn, will be notified about the change either on Our website and/or via a notification sent to Your email address You provided when placing an order with Us. You may disagree with the increased price and terminate the agreement. In the case You want to terminate the agreement, You have 10 calendar days since receiving a notification from Us or publication date on Our site to inform Us about Your wish. If you don’t contact Us within the 10 days after being notified, it means You agree to the new payment obligations and new plan prices. The reduction of prices for services is carried out by Us without prior notification.
2.10. The delivery of services is confirmed by the Act of acceptance and delivery of services (works performed) which You undertake to sign within 10 calendar days after We sent you the Act.
2.11. We provide you the Service from the moment you receive the login and password to your email for using the services and actually complete the payment. In the case you submit payment for the next period, the services are considered rendered from the moment when the service activity period changes in the billing system. If you have a claim in regard to the services, you have to send a notification to our email address not later than one day after receiving the Act of acceptance and delivery of services (works performed). We consider to perform Our services properly if we do not receive any claims within 30 (thirty) calendar days from the date of service provision.
3. The Rights and Obligations of the Parties
3.1. We are obliged to:
3.1.1. Provide services in accordance with the terms of the service plan chosen by You.
3.1.2. Provide technical advice and assistance upon Your request in the amount necessary for correct interactions when the terms of this agreement are fulfilled.
3.1.3. If You are dissatisfied with the quality of Our services within the first 30 days of using it and We receive a written request for early termination of this agreement, We are obliged to return the paid funds within 10 calendar days from the moment of receiving the written notification.
3.1.4. If the violation of the terms of this Agreement is detected, we will notify you via email about the revealed violations.
3.1.5. We will notify You about the attempts by any third parties to damage Your site if We need You to perform special actions on Your end.
3.1.6. We will send a message to You after we suspend the Service provision in the cases provided in the 3.3.1 clause of this agreement.
3.1.7. Do not disclose or use information relating to the Customer's activities, which became known to him during the execution of this Agreement.
3.1.7. We will not disclose or use the information related to Your activities which became known to You while fulfilling this agreement.
3.2. You are obliged to:
3.2.1. Provide complete and reliable information when placing an order for the service. We are not held responsible for the consequences that arose due to the incorrectness of the information entered when You were placing Your order. If We ask You to verify Your identity, You need to provide all the data (documents) We need to complete the verification process.
3.2.2. Fulfill the requirements set forth in the agreement.
3.2.3. Follow Our instructions regarding the use of the services and the internet.
3.2.4. To pay for the services on time.
3.2.5. Sign Acts of rendered services, completed works and send them to Us within 10 (ten) calendar days from the moment of their receipt. In the case of non-receipt of the signed Act of completed work within 30 (thirty) calendar days or a reasonable refusal to sign the Act, it is considered that the services rendered or the work performed comply with the requirements of the agreement and accepted by You in full, as evidenced by the Act of Completed Works, which was signed by Us.
3.2.6. Independently monitor compliance with the standards of the internet etiquette.
3.2.7. Not take any measures, intentionally or unintentionally, which may lead to a malfunction of the software and/or the system as a whole.
3.2.8. Сomply with the requirements of the international legislation, including not posting illegal materials (pornography, propaganda of international, interracial, interethnic hostility, terrorism, drugs, etc.) on the website, not to infringe copyrights, related and other rights of third parties.
3.2.9. Not to make Us liable for any claims and liabilities for arrears, losses, costs and expenses, including all legal costs, expenses for the services of lawyers and lawyers that arise as a result of court proceedings and court decisions that directly or indirectly relate to Our services.
3.3. We have the right to:
3.3.1. To completely or partially suspend the provision of the Services in the following cases without prior additional notice:
- In the case of non-compliance by the Customer with the terms of this Agreement;
- In the case of repeated non-compliance by the Customer with the instructions of Our specialists regarding the use of the services and the internet;
- If we consider any actions taken by the Customer through the services provided to the Customer under this agreement the ones that may cause damage to us, other customers, or the normal functioning of the network;
- In the case the Customer was convicted of using unauthorized mailing (spam) in any form;
- In the case of violating the norms of the Internet etiquette by the Customer, namely the use of foul language in a telephone conversation or in correspondence with the Our specialists;
- In the case the service provision to the Customer affects our business reputation;
- When receiving relevant recommendations or requirements from employees of executive authorities in the case of violating the international legislation.
3.3.2. Our technical support service is not obliged to provide consultations on general software or give information which can be obtained from the corresponding user manuals for this software and is not responsible for unprofessional and unskilled actions of the Customer or their representatives.
3.3.3. If Your requirements for hardware and other resources are too high, we can offer You a transition to a different plan. If You refuse, We then will suspend the provision of the Services with the return of prepaid funds that You have not used.
3.4. You have the right to:
3.4.1. You have the right within 30 (thirty) calendar days from the start date of the provision of services to cancel the provided hosting services and receive the entire amount of payment back for the ordered Services.
4. Responsibilities of the Parties
4.1. We shall not be liable for:
4.1.1. Any interruptions in the service provision if they were caused by the actions of the Customer and/or by a third party.
4.1.2. Any damage caused to the Customer when using the services provided by Our company, including cases when the Customer was notified of the possibility of such damages.
4.1.3. The content and reliability of any information that is transmitted or received through the service provision.
4.1.4. For the serviceability of the equipment and software owned by the Customer, and is used by the Customer.
4.1.5. For lost profit and/or income, as well as indirect Customer’s losses during the period of Our services use or non-use (full or partial), including cases when the Customer was notified of the possibility of such losses.
4.1.6. For the technical condition of the network to which the Customer is connected.
4.1.7. For the content of the information published on the Customer's site.
4.1.8. For the integrity, reliability and presence of the Customer's sites and data on Our server.
4.1.9. For problems related to the Customer's use of unlicensed software and hardware.
4.1.10. For unqualified actions of the Customer regarding the use of hosting.
4.1.11. For the operability of the software provided to the Customer in the event that the Customer intentionally or unintentionally violated their operability, deleted or made changes to the system or service files.
4.1.12. For the operability and use suitability of software and hardware developed by a third party.
4.2. The Customer is responsible for:
4.2.1. Violation of the current legislation committed by the Customer or a third party when using the services that are provided to the Customer by Our company.
4.2.2. Non-compliance with the terms of this agreement.
4.2.3. Non-compliance with the terms and payment procedure for Our services.
4.2.4. The preservation of the access parameters to the service (login and password) and for losses that can be provided as a result of unauthorized use of access parameters for the service.
5. Transfer of Rights and Obligations
5.1. Each of the Parties may transfer its rights and obligations under this agreement in full or in part to its successors, branches, subsidiaries or other persons, which the other Party must be notified in writing at least 14 (fourteen) calendar days before the transfer.
6. Settling the Disputes
6.1. All disputes and disagreements that arose as a result of the implementation of this agreement are resolved through negotiations.
6.2. In the event of failure to reach agreement between the Parties, the dispute shall be referred to the court for consideration by the subordination and jurisdiction in accordance with the procedure established by a legal legislation body.
7. Force Majeure
7.1. Neither Party shall be liable for failure to non-fulfillment or improper fulfillment of conditions of this agreement if irrevocable actions happen under force majeure circumstances that the Parties could not know in advance or could not foresee. Such circumstances include: fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, mudflows, snow avalanches, volcanic eruptions and other natural disasters, wars, revolutions, coups, strikes, sabotage and terrorist acts, robberies, accidents in the energy supply and communication system, changes in legislation, actions of state bodies and their officials if these circumstances directly affect the implementation of this agreement.
7.2. The Party that became aware of the occurrence or approach of such circumstances shall immediately notify the other Party accordingly.
7.3. The implementation of this agreement, in full or in part, is suspended for the duration of such circumstances. If the action of force majeure circumstances last more than three months, the agreement shall be deemed terminated.
8. Term of Action and Termination of the Agreement
8.1. The present contract comes into force from the moment of signing it by both Parties and is valid for the period for which the Customer has prepaid the Services.
8.2. In the event that the Customer performs the prepayment of the Services before the expiration of the agreement for the next billing period, the agreement is extended automatically under the same conditions as specified in this agreement.
8.3. This agreement may be terminated:
8.3.1. On the basis of clauses 2.5, 2.10, 3.2.10, 3.3.1, 4.2.2 and 7.3.
8.3.2. Upon request of one of the Parties, about which the other Party must be notified at least 30 calendar days before the date of the agreement termination.
8.3.3. By mutual consent of the Parties.
8.3.4. Termination of this agreement does not relieve the Parties of responsibility for its failure to perform or improper performance.
8.3.5. Termination of the agreement does not relieve the Customer of the obligation to pay to Our company the debt for the Services provided.
8.3.6. In the event of early termination of the service provision, the Customer shall be refunded for the full months of unused time (payment for the month during which the service was terminated is not refundable), subject to the relevant request of the Customer.
9.1. We may at any time, without obtaining a separate agreement of the Customer, include personal data received from the Customer in Our relevant personal database, publish their personal data in open sources to fulfill the conditions of this offer and process such data in accordance to the purpose set by Us and/or GDPR rules.
- Final Provisions
10.1. From the moment of signing this agreement, all previous transactions, agreements relating to the subject of the agreement, are no longer valid.
10.2. All Annexes, Supplementary Agreements, amendments to this Agreement, signed by authorized representatives of both Parties, are its integral part.