TOS applies automatically to all solutions and services provided by Hostinghabits Ltd (Hostinghabits.com) to clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO HOSTINGHABITS LTD SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO HONOUR AND RESPECT THEM.
Hostinghabits agrees to provide services such as Web Hosting, Dedicated Hosting, Collocation, Hosted Exchange services and other related services as described on its Web Site at www.hostinghabits.com
or in its contract with the customer. Hostinghabits will make all reasonable efforts to provide a quality service to the Customer.
Any IP Addresses allocated to the Customer by Hostinghabits must be maintained by the Customer in an efficient manner as deemed by ARIN and utilized at 80% within 30 days of assignment by Hostinghabits to the Customer. Failure to comply with this Section may result in the revocation of IP Addresses by Hostinghabits after five days notice to the Customer. Hostinghabits shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by Hostinghabits, and Hostinghabits reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. The Customer can obtain up to 8 IP addresses for free. All IP requests must be fully justified.
Upon request by the Customer, Hostinghabits may at its discretion, provide the Customer with technical and non-technical support, such as equipment reboots, troubleshooting, DNS and other support, in connection with the Customer’s use of the Customer Space and Bandwidth Services. The Customer agrees to pay the hourly rate of £200 for those other services.
If, in the determination of Hostinghabits, acting reasonably, the Equipment, software or hosted applications used by the customer or the activities of the customer poses an immediate threat to the physical integrity of the Premises or the physical integrity or performance of the equipment or network of Hostinghabits or any other user of the Premises, or poses an immediate threat to the safety of any person, then Hostinghabits may perform such work and take such other actions that it may consider necessary without prior notice to the Customer and without liability for damage to the Equipment or Data for any interruption of the Customer’s (or its customers’) businesses. As soon as practicable after performing such work, Hostinghabits will advise, by email, the Customer of the work performed or the action taken.
Under no circumstances will Hostinghabits be obligated to provide insurance coverage for any Equipment or data owned by the customer and hosted in the Premises.
If the Customer is in default
If the Customer is in default of any of its obligations under this Agreement, then Hostinghabits may in its sole discretion do any or all of the following: (i) without notice suspend access to the Customer Space or the Premises, (ii) if the Customer’s default is non-payment of any sums due to Hostinghabits, exercise all the rights and remedies of a secured party under applicable law including, without limitation, with the minimum notice (if any) required by law, Hostinghabits may seize the Equipment and sell the Equipment to third parties in satisfaction of any Customer indebtedness owing to Hostinghabits as well as any costs (including reasonable legal fees) incurred by Hostinghabits in exercising any remedy under this Agreement.
Billing and termination
Invoices are sent by email, upon request a copy can be sent by post. The initial Payment shown in the Check-out stages must be paid by the Customer to Hostinghabits before commencement of the Term. All other invoices must be paid by the Customer within 10 working days from the date of invoice, which invoices will be issued 15 working days before the end of the last paid period. All products and services supplied by Hostinghabits Ltd are on a 12 months contract unless otherwise stated and agreed in writing by a Director of Hostinghabits Ltd.
The Customer will pay Hostinghabits the One-Time Install Fees and Recurring Fees specified in the Service Order or on the Web Site, as well as any charges for Other Services. The Customer will pay all applicable taxes levied against or upon the services stipulated in the Service Order or on the Web Site (as amended by the parties from time to time) or otherwise provided by Hostinghabits under this Agreement. All One-Time Install Fees will be payable in advance. Recurring Fees will be payable in advance upon the Customer's payment period. Except for the initial Payment, which must be paid by the Customer to Hostinghabits before commencement of the Term, all amounts will be payable in pounds sterling (£) on the day of purchase. Service interrupted for nonpayment is subject to a £20 reconnect charge. Accounts that are not paid 10 days after due date may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Collection Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in the TOS document. Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%). Bounced checks are subject to penalty fees of £20. Most recurring fees will be collected automatically by SagePay payment engine.
Service will be interrupted on past due accounts after a 48 hours notification. Service interrupted for non-payment is subject to a £20 reconnect charge. Accounts that are not collectible by Hostinghabits may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in the TOS document.
Upon 30 days or greater written notice prior to the end of the initial commitment, Hostinghabits may change any fees payable under this Agreement.
Term and termination
The term of this Agreement shall begin upon the date the service is made available to the customer and shall be for the period stated in the description section of the Check-out stages or on the Web Site. If no commitment is stated, the term will be of 3 months. Agreement is automatically renewed until terminated by either Party. Either party may terminate this Agreement, (i) for convenience with a written notice to the other party at least 90 days prior to the anniversary date, or (ii) if the other party (x) commits a material default (which, in the case of the Customer, will include any failure to make any payment when due) and fails to rectify such default within 7 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing. Cancellation requests on new orders must be made in writing to email@example.com (1) day before the last day of the calendar month. If requested on or after the last day, a full month will be charged. Cancellation requests must be accompanied with the name of the account, domain name, the signature of the client and the reason of the cancellation.
Upon account activation, Hostinghabits reserves space, equipment and resources for the customer's needs. The Customer must pay its account even if he is not making any use of it.
The Customer hereby authorizes Hostinghabits and gives consent to Hostinghabits under applicable privacy laws for Hostinghabits to obtain credit information and bank and other financial references regarding the Customer for the purposes of assessing the Customer’s credit worthiness, and the Customer will promptly execute and deliver to Hostinghabits such further documents and assurances and take such further actions as Hostinghabits may from time to time reasonably request in order to carry out the intent and purpose of this Section.
Guaranteed network availability
Hostinghabits will provide 99.9% transit to the Internet to all the customers who have purchased said service from Hostinghabits.
Guaranteed electrical power
Hostinghabits guarantees the electrical power supply of its datacenter to 99.9% for all the customers subscribed to a solution, which includes an electrical supply port or an amp circuit.
Guaranteed hardware replacement
This guarantee is only applicable to Hostinghabits’ Dedicated Server customers. At any time, dysfunctional dedicated server hardware will be replaced within twenty-four (24) hours. Exclusions and conditions may apply.
Limitation of Liability
THE CUSTOMER ACKNOWLEDGES THAT HOSTINGHABITS PERMITS OTHER CUSTOMERS TO INSTALL THEIR SOFTWARE AND EQUIPMENT IN THE PREMISES. HOSTINGHABITS WILL HAVE NO LIABILITY FOR ANY DAMAGES, COSTS, OR LOSSES INCURRED BY THE CUSTOMER (OR ITS CUSTOMERS) CAUSED BY SUCH OTHER LICENSEES’ ACTS, EQUIPMENT, SOFTWARES, ACTIVITIES OR FAILURES TO ACT. THE LIMIT OF HOSTINGHABITS’S LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO THE CUSTOMER (OR ITS CUSTOMERS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO HOSTINGHABITS UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 3 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL HOSTINGHABITS BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.
Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar events beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.
Hostinghabits will make all possible efforts to provide a backup mechanism and keep complete backup copies of all shared hosting solutions. However, the customer must keep a personal backup copy of its software, sites, databases and all hosted content including emails. Hostinghabits should not be held responsible of any loss of data or data corruption. The customer, upon request, may subscribe to Backup Services at a reasonable cost. Backup Service is provided without any guarantee and only activated upon request. The Customer must keep a personal backup copy of its software, sites, databases and all hosted content. Hostinghabits should not be held responsible of any loss of data or data corruption.
The Customer in the normal course of its business may resell to its customers use (subject to all the terms of this Agreement) of the Customer Space, Resources and Bandwidth Services provided by Hostinghabits to the Customer pursuant to this Agreement, except that the Customer will not allow such customers to interconnect with other users in the Premises. Any act or omission of any such customer that would be a breach of this Agreement if committed by the Customer will be deemed a breach of this Agreement by the Customer. The Customer agrees to defend, indemnify and hold harmless Hostinghabits, and its officers, directors and employees (collectively, the “Indemnities”), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such the customer that would be a breach of this Agreement if committed by the Customer, and (ii) any claim by any such customer arising from use of the Premises, services provided by Hostinghabits under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.
Responsibility for Content
The customer is solely responsible for the content stored on and served by his servers.
This Agreement including the attachments hereto and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, HOSTINGHABITS MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement, any attachments, and/or any Service Order, the Service Order will take first priority, this main agreement will take second priority and the attachment will take third priority in interpreting the parties’ rights and obligations.
Severability and Reformation
If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
Choice of Law and Attornment
This Agreement shall be construed in all respects in accordance with the laws of the United Kingdom. The parties hereby irrevocably and unconditionally attorn to the non-exclusive jurisdiction of the courts of the jurisdiction where the Premises are located, and all courts competent to hear appeals there from.
Customer Complaints or TOS & AUP violations must be reported to firstname.lastname@example.org
Changes and rights
Hostinghabits may vary these rules and regulations from time to time in its sole discretion, and the Customer will comply with all other reasonable security requirements that Hostinghabits may impose from time to time.