Policies

Terms of Service

  • 1. Purpose

    These Terms of Service (“TOS”) form the basis of a contract between you, or the entity on whose behalf you are executing this agreement (“you” or “your”), and Hostpik Ltd (“Hostpik”, “we”, “us”, or “our”). By interacting with us, browsing our website, or using our services, you accept these TOS and agree to comply with the current versions of these TOS, our Acceptable Use Policy, our Support Policy, our Refund & Billing Policy, our Privacy Policy, and our Server Maintenance Policy, each of which is incorporated by reference (collectively, the “Policies”). We may modify these Policies from time to time, and by continuing to use our services, you agree to be bound by these modifications. The latest version of these TOS can always be found on our website.

    2. Customers

    While we facilitate your business on the internet, we are an independent contractor. We control only the products and services we directly provide and are not liable for your actions, the actions of third-party service providers, or the actions of individuals using your instance of such products and services (“End Users”).

    3. Services

    Hostpik Ltd provides a range of services and products to customers, collectively referred to as the “Services.” Whether you pay for a service or it is provided as part of a package, as a standalone full-price or discounted service, or for free, any service you request or allow to be provided by Hostpik Ltd is included as part of the “Services” referred to in these TOS and the other Policies. All Services are subject to each of our Policies. Certain services may also be provided by third parties, whose terms of service may contain additional or different terms that will apply to your use of such services. We may change the specifications or details of the Services at any time without any obligation to modify them. Additionally, third-party providers of Services may change their offerings at any time, including between the time of purchase and the date the Services are delivered. We will use commercially reasonable efforts to inform you of changes to the Services.

  • 4. Access

    You will not have physical access to any servers on which your data is stored. These servers will often be shared with third parties, and the use by any third party may affect your use and administration of the server. You shall not take any actions to limit the use of, or alter the server or Service functionality, or the functionality of any related equipment.

    5. Control Panels

    By using any third-party control panel services, such as cPanel, Plesk, Jetpack for WordPress, or Titan Email, you agree to be bound by their respective End User License Agreements and policies. Your use of these control panels should not exceed that of similarly situated customers, and restrictions may be placed on your use if necessary.

    6. Enrollment; Account Information

    By enrolling for any of the Services or creating an account with Hostpik Ltd, you represent and warrant that you are at least 18 years old and have the authority to bind yourself or the entity you represent to these TOS. You must provide accurate information when setting up your account and keep this information up to date. Hostpik Ltd has no responsibility for interruptions or damages resulting from misdirected or blocked communications due to outdated account information.

    7. Account Security

    You are responsible for all actions performed with, by, or under your account credentials, whether by you or others. All account access, password, and other security measures are your responsibility. Hostpik Ltd is not liable for damages resulting from unauthorized account access or use.

    8. Term of Agreement; Billing & Payment

    Services are initiated upon receipt of payment through our web platform (the “Effective Date”). Delivery of Services begins on the Effective Date and continues until the specified end date on the service page. Automatic renewal of Services is subject to the terms outlined in our Refund & Billing Policy.

  • 9. Data Backups

    You acknowledge that it is solely your responsibility to regularly back up and maintain copies of your data outside of Hostpik’s network. Hostpik is not responsible for any data loss or corruption resulting from any authorized actions, actions you take using the Services, hardware failures, software failures, or account termination.

    10. Licenses; Intellectual Property; Data Ownership

    Hostpik grants you a non-exclusive, non-transferable, non-sublicensable worldwide, royalty-free license to use the Services and technology under the terms of these TOS, including our Policies. All right, title, and interest in Hostpik’s technology and the Services shall remain with Hostpik or its licensors. You may not circumvent any devices designed to protect Hostpik’s ownership interests in the technology or Services provided to you.

    11. Hostpik’s Warranty

    Hostpik warrants that it will perform the Services in accordance with prevailing industry standards. To make a breach of warranty claim, you must notify Hostpik in writing, specifying the breach in reasonable detail, within thirty (30) days of the alleged breach. Hostpik’s sole obligation in the case of a breach of this warranty is, at its option, to either reperform the Services or issue you a pro-rated credit.

    12. Your Representations and Warranties

    You agree to reasonably cooperate with us to facilitate your use of the Services. This cooperation includes providing correct contact and billing information and ensuring that you have sufficient technical expertise to understand how to implement the Services. You represent and warrant that you have full authority and power to agree to the terms of these Policies on behalf of the company you represent.

    13. Disclaimers

    EXCEPT FOR THE WARRANTY IN SECTION 8 ABOVE, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Hostpik does not warrant that the Services are complete or free from defects or errors.

    14. Limitation of Liability

    IN NO EVENT SHALL HOSTPIK BE LIABLE TO YOU IN CONNECTION WITH THESE TOS OR THE SERVICES FOR ANY DATA LOSS, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES. Hostpik’s liability will not exceed the aggregate fees received from you for the three (3) month period immediately preceding the event giving rise to the liability.

    15. Indemnification

    You agree to indemnify, defend, and hold harmless Hostpik and its affiliates from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings, and expenses arising out of or relating to your use of the Services, any violation of these TOS, or any acts or omissions by you.

    16. Notices

    Notices will be sent to you at the email address in your account. It is your obligation to ensure that we have the most current email address for you by keeping your account information up to date. For most issues, including technical support and billing, please refer to our website.

    . CAN-SPAM Act Compliance

    Please review the “CAN-SPAM Act” and ensure that any commercial email you send complies with this Act. Email that is “CAN-SPAM compliant” may still otherwise be prohibited by our AUP. If you believe one of our customers is engaged in spamming, please send an email containing all headers, and your contact information, to: abuse(at)hostpik.com (replace “(at)” with “@”).

    . Defamation

    Websites hosted on Hostpik servers are regulated by U.S. law. Pursuant to Section 230(c) of the Communications Decency Act of 1996, Hostpik’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a Federal or state court of the United States, as evidenced by a court order. As a hosting service provider, Hostpik is not a publisher of user content, and we are not in a position to investigate the veracity of individual defamation claims. If a Federal or state court of the United States deems material to be defamatory, libelous, or slanderous in nature, we will fully comply and disable access to the material in question in accordance with a court order.

    . Network Stability

    Our network is designed to meet the anticipated needs of our customers, users, and ourselves. If we determine that your use of the services is in breach of our Policies or impairs the stability of our equipment, technology, or network, we may suspend your use of the network, throttle back the bandwidth available for your use, or terminate our agreement with you, in our sole discretion.

    . Monitoring of Communications

    We have the duty and obligation to comply with U.S. law. In certain cases, that means that your use of the Services will be monitored. You agree that we are not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that you have no expectation of privacy. From time to time, we may monitor your use of the network for statistical purposes and to improve the use of our network. Any such monitoring will be done in accordance with our Privacy Policy and our Terms of Service.

  • Use of Services

    • IP Addresses: The IP addresses we assign to you are the only ones you may use in connection with the Services. Your use of the Services may be suspended if we determine that you are using other IP addresses. IP addresses are owned by us and simply assigned to you while you are a customer. We may change these addresses if necessary. IP addresses may not be assigned or transferred and will be recycled by us if you terminate your use of the Services.

    • Software: We may provide software for you to use while you are a customer as part of the Services. Generally speaking, this software is sublicensed to you and may not be further sublicensed or used for purposes other than those expressly permitted in our TOS or other Policies. You will be given or given access to a software license, which may further restrict your use of the software.

 

Third-Party Fees and SSL Certificates

All third-party fees, including domain registration fees, setup fees, and migration fees, are non-refundable, non-negotiable.

Refunds

Accounts terminated due to Terms of Service violations are not eligible for a refund or any service credits. Domain registrations, setup fees, and migration fees are not refundable.

Payment Methods; Currencies

We accept payment via Visa, MasterCard, Discover, American Express, JCB, Diner’s Club. By providing us with your account payment information, you give us consent to charge you on the Due Date of any invoices linked to the account. Please see our invoice for wire transfer banking information. Returned checks will incur a twenty-five dollar ($25) fee per instance.

We accept US Dollars and limited non-USD currencies as found on our website. All fees for Services are calculated in US Dollars, and, whenever possible, we will attempt to charge in the currency you select upon checkout unless the payment gateway does not support the currency. In this case, the currency will be converted to USD and charged in USD. Prices displayed in other currencies are shown according to exchange rates posted that day but may differ from your final rate given to you by your bank. Additionally, RATES ARE SUBJECT TO CHANGE, which may result in increases or decreases in non-US Dollar denominated prices charged for the Services. We will adjust renewal prices for non-USD customers based on the current Services prices, using exchange rates posted the day invoices are produced. Depending on your billing cycle, we may choose not to adjust the renewal price for all invoices. Failure to adjust the renewal price does not waive our right to adjust the renewal price for future invoices. Further, you may be subject to additional fees or other charges assessed or imposed by the administrator of your selected method of payment.

Billing Errors; Chargebacks

If you discover an error on your invoice, please notify us as soon as possible by either calling or submitting a ticket to our Billing Department

Server Maintenance Policy

We perform regular server maintenance to ensure the reliability and security of our services. Maintenance activities may include hardware upgrades, software updates, and security patches. We strive to perform maintenance with minimal disruption to customers. Notifications of scheduled maintenance will be communicated in advance.

Support Policy

Hostpik Ltd provides customer support for our hosting services, including assistance with technical issues and troubleshooting. Our support team may access your account upon your request to provide support. We are not responsible for issues caused by changes you make using root access or any third-party applications. It is your responsibility to back up your data.

Acceptable Use Policy

You agree not to misuse Hostpik Ltd’s services. Prohibited activities include but are not limited to, illegal activities, spamming, distributing malware, and engaging in activities that overload or interfere with our servers. We reserve the right to suspend or terminate accounts that violate this policy.

Refund & Billing Policy

Hostpik Ltd offers a refund policy as outlined on our website. Billing cycles, payment methods, and refund terms are detailed within this policy. You are responsible for ensuring timely payment to avoid service interruptions.

Privacy Policy

Welcome to Hostpik’s Privacy Policy. This Privacy Policy discusses the ways in which we collect, use, maintain, and disclose information collected by us from our customers, visitors to our websites, and, in some cases, visitors to our customer’s websites (“Users”). Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services.

1. Purpose

The nature of internet business requires us to collect information from Users. While this policy is entitled a “privacy policy,” it discusses all of the ways in which we use information collected directly or indirectly from our Users, including personally-identifiable information gathered by us (“PI”) and other anonymous information (“AI”) (collectively, “Information”). Information transmitted, collected, processed, or otherwise provided to us by Users is not necessarily considered by us to be private. Please review this Privacy Policy carefully to determine how we treat this information.

2. Acceptance of the Policy

You accept this Privacy Policy by using our website, placing an order for Services (as defined in the Terms of Service) with us, or joining our email list.

3. Changes to Policy

If we make a change to this Policy that, in our sole discretion, is material, we will notify you by email, post a notice of such changes on the Site, or flag our Privacy Policy on the Site as updated. You agree to our use of electronic communications with you for purposes of this Policy. If you do not agree to the changes to this Policy, we will continue to maintain and use PI previously collected in accordance with the Policy in force as of that date.

4. Information that we Collect; Use of Information

  • Generally: We may use PI as required or permitted by law, including in response to service of legal process (court order, summons, subpoena, and the like). We may disclose PI to law enforcement or regulatory authorities as part of an investigation into activity at the Site (such as a suspected breach). We shall use commercially reasonable measures to limit disclosure and use of such PI. We may use PI in connection with the establishment or defense of legal claims. Any information sent to us will not be deemed to be confidential, and may be shared by us with any other individual or entity, regardless of whether you mark it confidential.

  • Information Contained in Your Customer Record: Users who are our customers provide us with their name, address, phone number, user name, credit/debit card or bank information, and other personally identifiable or confidential information and other information we require to provide Service to them. We may also acquire information about customers from third parties such as credit reporting agencies, as well as collect information about our customers’ use of the Services. This information may be linked to the information provided to us by our customers to create an administrative record and is referred to as “Registration and Billing Information”.

  • User Inquiries: Users who contact us with questions may be required to give us additional information to assist us in resolving their questions or to assist us in our business (“User Inquiry Information”).

  • Anonymous Information: We collect anonymous information (AI) regarding your use of the Site, such as computer-related information (browser type you used, your Internet Protocol address, last URL visited, and the date and time of day of your login). We send a “cookie” or “pixel tag” to your computer which contains an identification number that is unique to the computer you are using. You may decline to provide such information to us and/or refuse cookies in your browser, although some of our features or services may not function properly as a result, and some services may not be available. We use this information to enhance the experience of using the Site, to tailor our Site to its visitors, to understand how our Site is used, to investigate and verify proper conduct at the Site, and to monitor the security and integrity of the Site.

  • Third-Party Agents – Access to and Use of PI: We may contract with third parties to assist us in our business, including providing certain Services, hosting of the Site, hosting of data (including PI and AI), promotional services, authorization and processing of payments, fulfillment of product orders, and processing of returns. Such third parties shall agree with us in writing to maintain your privacy at least with the level of protection set forth in this Privacy Policy.

  • Unrelated Third-Party Links and Information: Our Site contains links to other websites or other information and materials provided by third parties (by way of example, links to third-party social media websites). We do not own or control such other websites or third parties and are not responsible for the information provided at those websites or in such materials. We do not control and are not responsible for their privacy policies or the information collected at such third-party websites.

5. Customer Inquiries

We use customer inquiry information to identify Users personally. It is used throughout our business to provide services to Users and to market new products and services to Users. Customer inquiry information is shared with third parties in the following circumstances: to identify and fix problems with the Services when we are not capable of doing so ourselves. Providers of third-party products may require us to provide them with customer inquiry information. When Customer Inquiry Information is shared with third parties in these circumstances, the third parties are required to keep this information confidential. Further, entities that provide products to us may have privacy policies that differ from ours. We will be happy to provide you with the names of those businesses that provide Services through us to you and links to their privacy policies, on your request.

6. Information about Children

We do not knowingly collect personally identifiable information from children under the age of 13. If a parent or guardian believes that their child under the age of 13 has provided us with personally identifiable information, they should contact us.

7. Your Access to and Ability to Change PI

You may request access, updating, and corrections of inaccuracies in your PI by contacting us as set out below. For security purposes, we may request PI from you in connection with such access. You may also: (i) modify your information through your control panel in your account, or (ii) ask that information regarding your inquiries be deleted by contacting us through our contact form.

8. Deleting and Retention of PI

You may request that we delete your PI, and we shall attempt to accommodate such requests. However, we may retain and use PI for such periods of time as required or permitted by law or best business practices.

9. Security

We have implemented technical, physical, and administrative safeguards designed to protect PI against loss and against unauthorized access, use, and disclosure. Passwords are stored on our server in encrypted form. We have personal information retention processes designed to retain personal information as necessary for the purposes stated above or to otherwise meet legal requirements. Unless this Privacy Policy states otherwise, our employees are required to keep the information set out here confidential.

10. California Privacy Rights

If you are a resident of the State of California and you have provided your personal information to us, you have the right to request a list of all third parties to which we have disclosed your personal information for direct marketing purposes.

11. HIPAA (The Health Insurance Portability and Accountability Act)

HIPPA does not apply to the service we provide. We are not a “Covered Entity” or a “Business Associate” as those terms are defined by HIPAA.

California Privacy Rights

California residents have specific privacy rights regarding their personal information. Hostpik Ltd complies with the California Consumer Privacy Act (CCPA). Our Privacy Policy outlines the rights of California residents and how they can exercise those rights.

Our list of processors we use as part of our provision of services to you

– Web hosting services | A2 Hosting

Cpanels | A2 Hosting

WHMCS | A2 hosting

HIPAA (The Health Insurance Portability and Accountability Act)

Hostpik Ltd does not provide HIPAA-compliant services. If you require HIPAA compliance for your hosted data, you must make your own arrangements to ensure that your data is handled in accordance with HIPAA standards.

Hostpik’s Privacy Policy and International Data Protection Commitments

Hostpik remains accountable for the processing of personal information by third parties that it engages, as outlined in the EU-U.S. Data Privacy Framework (DPF) Principles and the Swiss-U.S. DPF Principles. Specifically, Hostpik is responsible and liable if the third party processes personal information in a manner inconsistent with these Principles, unless Hostpik can prove that it is not responsible for the event giving rise to the damage. If your Personal Information (PI) is transferred to a third party, Hostpik will remain responsible and liable for any breaches of the Principles by that third party, unless it can demonstrate it was not responsible for the event that caused the damage.

Resolving Privacy Complaints

In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, Hostpik is committed to resolving complaints about our collection and use of personal information. If you are an EU or Swiss individual with inquiries or complaints regarding our handling of personal data received in reliance on these frameworks, please first contact Hostpik at:

Mail: Lytchett House 13 Freeland Park, Wareham Road
Poole
Dorset
United Kingdom
BH16 6FA

email: support at hostpik.com

SERVICE AVAILABILITY

Hostpik is committed to making our Services available 99.95% of the time, excluding any Excused Downtime. We calculate “Service Availability” for a given calendar month as follows:

Service Availability=Total minutes Services are available×100Total minutes in the month−Excused Downtime\text{Service Availability} = \frac{\text{Total minutes Services are available} \times 100}{\text{Total minutes in the month} – \text{Excused Downtime}}

EXCUSED DOWNTIME

“Excused Downtime” refers to periods when the Services are unavailable due to:

  • Scheduled Maintenance
  • Emergency Maintenance
  • Beta Services
  • Force Majeure events
  • Actions or omissions by you, your Authorized Users, or any third party acting on your behalf or at your direction, including unauthorized use of the Services, breaches of the Agreement or Acceptable Use Policy, or use or configuration of the Services that exceeds Hostpik’s recommendations or advertised limits.

“Scheduled Maintenance” includes any maintenance carried out during designated windows or for which we provide reasonable advance notice or coordination with you.

We are not responsible for outages or circumstances beyond our control that hinder access to your site or server such as the following:

  • Network conditions across the internet (outside of our network), such as between your ISP and our data center
  • DDoS or other attacks on our servers
  • Problems with Your ISP’s network
  • Browser or DNS caching issues

Occasionally, servers and related hardware need to be brought down for routine maintenance and upgrades to ensure that our network is secure and performing optimally. We do our best to keep such incidents to a minimum and we will attempt to give you advance notice of any scheduled maintenance. These scheduled service outages do not qualify for the uptime commitment.

STANDARD REFUND TERMS

Products purchased from Hostpik may be refunded only if canceled within 10 days of the date of the transaction.

CHARGEBACKS

If we record a decline, chargeback, reversal, payment dispute, risk of payment fraud, or any other rejection of a charge for fees on your Hostpik account (“Chargeback”), this will be considered a breach of your payment obligations. Consequently, Hostpik may pursue all available legal remedies to obtain payment, which may include, but is not limited to, immediate termination of your Hostpik account and any associated domain names or services (“Services”), without prior notice. Additionally, the option to checkout with a credit card for your Hostpik account may be disabled to mitigate the risk of payment fraud.

In the event of a Chargeback, your Hostpik account may be blocked with no option to repurchase or reuse it, and any data contained within the account, including content, features, or capacity, may be canceled and lost.

Your access to Hostpik Services and the ability to use a credit card for checkout will not resume until you:

  1. Verify the payment method used for the disputed transaction by providing:

    • Proof of payment, or
    • A censored photo of the credit card, showing the first 6 (six) and last 4 (four) digits uncovered.
  2. Pay any applicable fees in full, including any fees and expenses incurred by Hostpik and/or third parties related to the Chargeback (such as fees for Services provided prior to the Chargeback, handling and processing charges, and fees incurred by the payment processor).

Chargebacks related to criminal fraud or obvious payment fraud (e.g., compromised credit card details) will result in permanent termination of services without the option to recover.

If you have any questions or concerns regarding a payment to Hostpik, please contact our Customer Support team before filing a Chargeback or payment reversal. This will help prevent service cancellation, account blocking, and potential liability for Chargeback fees, as well as ensure repayment of any fees applicable to the Hostpik Services that were purchased and charged back.

Hostpik reserves the right to dispute any Chargeback, including providing relevant information and documentation to the credit card company or financial institution to prove that the transaction was authorized and that the Services were used.

CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

Lytchett House 13 Freeland Park, Wareham Road
Poole
Dorset
United Kingdom
BH16 6FA

 

support at hostpik.com