EwigHost Legal Agreements and policies

These Terms of Service (the “Agreement”) are an agreement between EwigHost.com (“EwigHost”, ‘we’, “us” or “our”, “our company”) and you (“User”, “Customer”, “Client” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services purchased through EwigHost and of the EwigHost.com website (collectively, the “Services”). The terms “we”, “us” or “our” shall refer to EwigHost. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services.

By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

1. Additional Policies and Agreements

By using the Services, you also agree to the terms of the following policies:

1.1. Acceptable Use Policy

1.2. Privacy Policy

2. Account Eligibility

By registering for or using the Services, you represent and warrant that:

2.1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

2.2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

2.3. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. EwigHost is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. Providing false contact information of any kind may result in the termination of your account. In hosting services (shared, vps or dedicated) purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.

3. Responsibility

3.1. EwigHost is not responsible for any damages your business may suffer. EwigHost makes no warranties of any kind, expressed or implied for services we provide. EwigHost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by EwigHost, its employees, suppliers, customers or any third party.

3.2. You, as an EwigHost customer, are solely responsible for the content stored on and served by your website. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

3.3. EwigHost is not a direct participant to the transfer, storage and processing of information provided by the Customer, and EwigHost is not responsible for any violations.

4. Price Changes

4.1. Usage-independent charges are due and payable in advance for the corresponding contract term.

4.2. The Customer should pay the applicable amount at the time of registration/renewal date.

4.3. It is your responsibility to ensure that your payment information is up-to-date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided.

4.4. The Customer should pay the applicable amount at the time of registration/renewal date. The Company has the right to change the prices periodically and The Customer will be charged based on the current renewal rates for the next billing cycle. Exceptions apply in case that a Customer or a group of such have written arrangement with The Company’s Billing Department.

4.5. Rates for EwigHost Hosting Services are published on the Website; these rates are subject to change without further notice.

4.6. If a registry and/or another supplier increases the prices for a specific extension or other product or service, EwigHost is entitled to pass on this increase to the Client.

4.7. Services cannot be setup until payment has been received.

5. Cancellation

5.1. Unless terminated, this contract shall remain effective for an indefinite period of time.

5.2. This contract may be terminated by either party without giving any reason whatsoever seven (7) days before its next due date. You may terminate or cancel the Services by giving EwigHost a written notice via email or client area in system.

Once we receive your cancellation, you should receive an automatic confirmation email. EwigHost will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within 48 hours after submitting your cancellation, please contact us immediately via email at: [email protected]

5.3. We require all cancellations to be done through email or your customer account in order to confirm in writing that you are prepared for all of your files and emails to be removed. This process aims to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

5.4. Cancellations will be effective immediately or on the account’s end of billing period depending on your request. In the absence of such cancellation request, the contract will extend automatically by the agreed minimum contract time, which is usually one (1) month, a quarter, half-year, or a year.

5.5. You agree that until and unless you notify EwigHost of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or PayPal or other billing information on file with us if you choose a payment method by recurring subscription.

5.6. Subscribers that pay EwigHost via PayPal or Credit Card, it is your responsibility to cancel any subscription for recurring PayPal or Credit Card payments. EwigHost (which has no control over PayPal or Credit Card subscription payments) is not responsible for payments made from your PayPal account or Credit Card after cancellation and is under no obligation to refund such payments made after cancellation.

6. Payment and Billing

6.1. All invoices must be paid within fourteen (14) days of the invoice due date for Semi-Annually and Annually Billing Cycle, or ten (10) days for Monthly and Quarterly Billing Cycle, and thirdy (30) days for domain names. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, EwigHost may suspend or terminate your account and pursue the collection costs incurred by EwigHost, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. EwigHost will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

6.2. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. If you choose Wire Transfer as a payment option, you need to pay all Wire Transfer Fees. EwigHost should receive full amount of payment.

6.3. Starting from due date, EwigHost reserves the right to suspend access to services until we do not receive payment.

6.4. EwigHost may terminate this contract in case:

(a) the customer does not pay for services within three (3) days of the invoice due date. In case, customer does not pay, the service will be terminated and all data will be deleted on the 4th day for VPS and Dedicated Servers. For Shared Hosting, all data will be deleted on the 90th days, but after 10th days payment delay Reactivation of services is possible, only after full settlement of past due invoices, and the payment of a 30 EUR reactivation fee.

(b) the customer contravenes or ignores warnings about infringement of the requirements of Article “Acceptable Use Policy ”. In this case, Services may be terminated by EwigHost with or without notice upon any violation of this Terms of Services. Violations of this Agreement will waive your rights under the refund policy. In such event, EwigHost shall not refund to you any fees.

(c) the customer violates this Terms of Service, or any part thereof. Violations of this Agreement will waive your rights under the refund policy. In such event, EwigHost shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, EwigHost may charge you for all fees due for the Services for the remaining portion of the then current term.

(d) For these services: Domain name, SSL Certificates, Additional Paid Services (such as WordPress and WooCommerce Services, Web Deign & Marketing) termination will be affected immediately If you don’t pay on time.

6.5. If the customer intends to devolve their contractual rights to another person, they require prior written notice from the authorized personnel of EwigHost.

7. Refund Policy

7.1 Violations of this Agreement will waive your rights under the refund policy.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund.

7.2. Managed WordPress and WooCommerce Hosting. EwigHost will accept a request to cancel a new web hosting account and give a full refund to a new customer who requests such refund and cancellation within 7 days of ordering. If you become dissatisfied with our services at any point within the first 7 days of holding an active account, we will issue a 100% refund of your money unless otherwise specified at, or prior to, the time of purchase. EwigHost shall be obliged to issue a refund within thirty (30) days upon receipt of the revocation by the customer.

7.3 VPS. EwigHost offers its new customers that never had a business relation with it before, a 7- days’ money back guarantee for all VPS server plans. From the day that EwigHost supplied the ordered service to the customer, they have seven (7) days to revoke their order and contractual statement without stating any reasons. In case the Customer uses their right of revocation, EwigHost shall be obliged to issue a refund within thirty (30) days upon receipt of the revocation by the customer.

7.4. Dedicated Servers. There are no refunds on dedicated servers. Money-back guarantee does not apply to dedicated servers.

7.5. Domain name & SSL certificates. Domain name registrations and SSL certificates can not be cancelled and are not refundable. Changes to registered domain names (incorrect spelling, etc..) can not be made once the domain has been purchased with a domain registry. It is very important that you verify the spelling of your domain name and it is recommended that you have someone else read it as well to ensure it is exactly as expected.

7.6. Licences & Maintenance Services. Licenses are non- refundable. The money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, installation fees for custom software, maintenance service fees or other setup fees as well as any fees for any other additional services.

7.7. WordPress Support, WooCommerce Support, Professional Web Deign & Marketing Services are non-refundable.

8. Backup and Data Loss

8.1. Your use of the Services is at your sole risk. EwigHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on EwigHost’s servers.

8.2. You are solely responsible for maintaining adequate backups of your content. We may provide a backup service for your site on the web hosting account, however, we do not accept responsibility for any failure of our backup mechanism.

10. Force Majeure

10.1. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

11. Disclosure to Law Enforcement

11.1. EwigHost may disclose User information to governmental and law enforcement authorities without further consent or notification to the User upon lawful request from such authorities.

12. Changes to the Agreement or the Services

12.1. EwigHost may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the EwigHost website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

12.2. EwigHost reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Revised: 18/07/2018
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