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Terms of Service

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Our Terms

TERMS OF SERVICE

Account Terms

Terms of Service

TOS v2, updated March, 2019

This Agreement shall be effective from the date Client completes the online signup, located at https://www.hostakers.com/clients/ , or upon execution of the first Service Order accepted by Hostakers. Client agrees to pay Hostakers for services Hostakers provides based on the terms and conditions of the Online Order Summary, Addendums, and/or Service Orders relating to each service. Hostakers may terminate this Agreement immediately and without notice if the Client violates the terms of this Agreement, it's Acceptable Use Policies (AUP), its policies, or the law.

Order acceptance/email on file

All orders are subject to acceptance by Hostakers. Hostakers may refuse to accept any order. Such refusal may not be unreasonable, however, and we agree to provide the Client with notice via email of any intent to delay or decline the acceptance of any order.

It is clients' responsibility to provide us with an email address which is not @ the domain(s) the Client is signing up under. If there is ever an abuse issue or we need to contact the Client, the primary email address on file will be used for this purpose. It is Clients' responsibility to ensure the email address on file is current or up to date at all times. If the Client has a domain name registered with Hostakers, it is the Client's responsibility to ensure that the contact information for the domain account and the actual domain name(s) is correct and up-to-date. Hostakers is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If the Client need to verify or change this information, Client should contact our sales team via email. Providing false contact information of any kind may result in the termination of the Client account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If the Client fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Invoice/payment/service activation

Fresh order:
Instant invoices are generated for services during the order process. These invoices are expected to be paid within 5 days. The unpaid orders are automatically cancelled after 5 days and fresh orders needs to be placed later on.

Existing service:
Invoices are generated 7 days prior to the due date and a copy of invoice is sent to the Client Zone registered email of the Client. Service may be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by Hostakers may be turned over to an outside collection agency for collection. You agree to supply appropriate payment for the services received from Hostakers, in advance of the time period during which such services are provided. You agree that until and unless you notify Hostakers of your desire to cancel any or all services received, those services will be billed on a recurring basis.

General:
Client agrees to pay all charges in advance for the service selected by the Client in the Customer Order Information form that is incorporated in these terms and conditions by reference including all monthly fees, additional product charges, and optional charges incurred by the Client. We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. Payment is due upon invoicing. Service may be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by Hostakers may be turned over to an outside collection agency for collection. You agree to supply appropriate payment for the services received from Hostakers, in advance of the time period during which such services are provided. You agree that until and unless you notify Hostakers of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of Hostakers, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Hostakers of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Hostakers. Hostakers reserves the right to bill your credit card or billing information on file with us. Hostakers provides a 12 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 12 days and not paid will result in a 10% late fee and/or an account suspension until account balance has been paid in full. The 10% late fee is applied in addition to whatever else is owed to Hostakers for services rendered. Access to the account will not be restored until payment has been received. Service may be terminated anytime after this grace period.
Services are activated after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. We do not guarantee the setup within the specified time in the website. Setup time is not guaranteed during outside office hours and on weekends. No refund shall be granted on such causes. It is the customer's responsibility to notify our sales team via email at info@hostakers.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Hostakers cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

Dedicated IP Address Allocation:
Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of ARIN/RIPE. We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization. Hostakers reserves the right to change the monthly payment amount and any other charges at anytime.

Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the sales department with specific details to receive a price quote.

Basic Managed VPS Hosting/Dedicated Servers
We do not do any website transfers for these plans

Fully Managed VPS Hosting/Dedicated Servers
We perform website transfers anytime upon request. However the no. of websites that can be transferred can be decided by the technical team depending upon the ticket flow during the time.

Backups and data loss

Your use of this service is at your sole risk. This service is provided to you as a courtesy. Hostakers is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Hostakers servers.

Cancellations and refunds

Cancellations must be done through the cancellation option in the product and service details page in the Client Zone. Client can opt for immediate cancellation or cancellation at the end of the billing cycle. Once we receive your cancellation we will inform you in writing (typically email) that your account has been canceled. After we confirm the cancellation the service can never be restored.
Its the client's responsibility to stop all subscription payments upon service cancellation. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. Hostakers reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Hostakers is not responsible for any change in exchange rates between time of payment and time of refund. Customers may cancel at any time via a cancellation form. Hostakers gives you 14 day conditional money back guarantee on shared hosting, VPS services for any customer for his/her first invoice. The money back is subject to valid reason from the Client. If the reason is a technical issue, it may be escalated to technical team for resolution and granting of refund is subject to this resolution. Refund for windows Server will be will be after deduction of license charges. Windows license charges is calculated from 1st day of the month till last day of the same month. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

Bank Wire Transfers/Gateway Payments
Western Union Payments
Cheque
Money orders
Perfect Money
Bitcoin

There are no refunds on dedicated servers, Cloud Servers, VPS products, administrative fees, and install fees for custom software(including windows,cpanel,plesk licenses). There are no refunds on domain registration or renewal. Credit Balance is non-refundable. There will be no money back on bulk orders. Violations of the Terms of Service or AUP will waive the refund policy. No refunds will be provided if service is terminated due to Abuse activities.

Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Hostakers, and the right to increase the amount of resources given to plans at any time.

Authorization

By signing or accepting this Agreement the Client is stating that the Client is the owner, operator, and/or a designated officer of the business, with the authority to enter in to this Agreement, and have obtained all the necessary licenses, copyrights and/or certificates required to perform the Client's obligations. The Client will follow all laws and legal regulations that relate to the Client's business regardless of where those laws and regulations originate, and will comply with any laws and regulations that may apply in the future.

Disclaimer

Hostakers shall not be responsible for any damages your business may suffer. Hostakers makes no warranties of any kind, expressed or implied for services we provide. Hostakers disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Hostakers and its employees.

Responsibility for content

The customer is solely responsible for the content stored on and served by his servers and hosting account.

Changes to the TOS

Hostakers reserves the right to revise its policies at any time without notice.