Terms of use, Billing Policy, and Acceptable Use Policy

Usage of the services and support provided by or through WPopt AB is subject to a number of terms and conditions. Addtionally, we have a clear privacy policy which explains what information is gathered and how it is used. WPopt AB encourages you to read all documentation fully before finalizing your order and creating your account.


Terms of Use

Indemnification Policy

You agree to use all WPopt AB services and facilities at your own risk. In no event shall WPopt AB be liable for any loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.

The customer agrees that it shall defend, indemnify, save and hold WPopt AB harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney fees asserted against WPopt AB, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by WPopt AB, its customers, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless WPopt AB against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with WPopt AB's services.

WPopt AB reserves the right to intervene with any of the sites hosted on its servers in order to comply with our legal obligations. Any material supplied by the customer found to be infringing or allegedly infringing on the proprietary rights or copyright of a third-party may thus violate copyright law and action will need to be taken under the terms of the Digital Millenium Copyright Act. WPopt AB shall be the sole judge of what violates this policy and any subsequent action will be discussed accordingly with the affected customer before being implemented.

Billing

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan and the billing terms chosen. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed terms will be varied; and the domain name registration fee is non-refundable).

We accept payment by Visa, Master Card and American Express, and also PayPal. For all plans, your account will be created before payment is made, however the services will not be activated until after payment has been received. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise. All payments must be made against the invoice. Manual payments or transfers are not supported and will be rejected.

Late Payments

All recurring services are billed on a pro-rata basis. Payments are due on the 1st day of the calendar month in which payment is due (as specified in the invoice). If you do not pay for service renewal then your account is liable to be suspended after 15 days of non-payment, and your pending invoice will be subject to late fees (see below). We will contact you by email notifying you of the impending suspension 3 times before this happens. If you do not pay for service renewal within 30 days of the due date your account may be terminated. You will receive an email reminder 5 days before deactivation. Termination of the service will mean the complete and total removal of all copies of any data hosted on WPopt servers. While it may be possible to retrieve data after account termination (due to archived backups) this is not guaranteed and should not be relied upon. Furthermore, there is a recovery charge of $75 for the retrieval and release of any archived data in the event that (1) your account has been terminated, and (2) an archived copy of your data still exists.

Late Fees

In the event of late payment, a late payment fee of 5% of your total invoice, or $5 - whichever is highest - will be applied to your invoice. In the event your account is suspended, both this fee and the original invoice will need to be paid in order for the account to become unsuspended.

Cancellations

You are free to cancel at any time. To do this, you must cancel through your account page, by clicking on your products and services, clicking on the product you wish to cancel, and then clicking on "Request Cancellation". This process will provide both you and us with written confirmation of your intent to cancel. Cancellations cannot be accepted via email or ticket. We recommend you review the refund policy which is also related to this topic below. Please note that we require you to provide notice of cancellation to us 5 days in advance of any service renewal. Should you fail to provide 5 days notice you may be liable for payment of the next billing period.

Refunds

When you subscribe to a service, we will provide this service to you for the entirety of the agreed upon term. You may certainly cancel at any point during this term, however you will not be eligible for a full, or partial, refund. Especially regarding longer subscription periods, you are receiving preferential rates, and we encourage you to evaluate your needs and preferred billing cycle before signing up to ensure that you are able to commit for this period of time. In the event you are requesting a refund for a cancellation, we recommend you time your cancellation with "End of billing period", so you will have access to the paid service up to the time the service expires, since refunds will not be provided for commenced, used services, outside of the 30 day evaluation period. Exceptions where we will of course provide a refund include, but are not limited to: billing errors, times when we are unable to fulfil our obligations to you as a service provider, or times when we need to cancel your account (provided this reason is not caused by a breach of our AUP).

Chargebacks/Disputes

In the event of a chargeback by your card issuer your account will be automatically suspended. If you are aware that there may be a chargeback by accident on your part please let us know as soon as possible so we can work together to resolve this. Please note that if your account is cancelled and you perform a chargeback we will pursue all possible options to reclaim these payments, including, but not limited to, third-party collection services.

Acceptable Use Policy

All services provided by WPopt AB may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless WPopt AB and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all WPopt AB servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

The subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

The subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, data loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

Backups and Data Warehousing

Your hosting plan includes automated off-site backups, performed every 12 hours. In addition to this, account-level backups are performed using a separate backup system and stored to a separate off-site location. WPopt AB takes data security and integrity very seriously and makes every effort to ensure that the full account can be recovered in the event of a critical failure or disaster. This service is provided as part of all "all-inclusive" hosting plans at no additional charge and is non-optional. The service may be purchased for budget hosting plans at a nominal monthly charge. Despite this solution, we will never discourage anyone from running their own backup solution for their own peace of mind. Periodic testing and verification of correct execution is carried out on the backup systems but WPopt AB cannot be held liable for any data loss in the rare event that both the primary, live environment, the incremental backup system and the account-level backup systems all fail or are found to have corrupted data.

Should you wish to employ your own backup solution you may do so, however warehousing of backup data under your hosting is not permitted. Any third-party backup solution must be set to transfer any backup files to an off-site location or cloud service and then remove the backup files from your hosting environment, once the backup run has completed. Warehoused backup files found stored under hosting plans are liable to be removed without notice or warning. Repeated warehousing of backup archives under your hosting plan will result in warnings and potentially suspension.

Likewise, you must only store files under your hosting which are related to your site(s). Storage of personal documents, and usage of the service as a "remote storage service" is strictly prohibited.

Limitation of Liability

WPopt AB shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from WPopt AB servers going off-line or being unavailable for any reason whatsoever. Furthermore, WPopt AB shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of WPopt AB servers.

Service Level Agreement

We believe in full accountability. Sometimes issues do happen which can cause your site to be offline. In such cases, under certain circumstances, WPopt AB will credit your account with a percentage of your equivalent monthly payment, depending on the severity of the issue that you have suffered. Please note, account credits will be provided only for unavoidable, unplanned issues resulting in loss of connectivity to your site. The following situations which can cause outages are not covered:

  • Planned maintenance windows
  • Site outages due to errors with code directly related to your site (i.e. plugins)
  • Site outages due to exhausted resources on your hosting plan (if you are exhausting resources it is recommended to either upgrade or resolve the issue with whichever plugin is causing the high load
  • Site outages caused by natural disasters or force majeure
  • Connectivity issues caused by DDoS attacks

The maximum credit will not exceed the monthly fee for the month during which your site suffers the outage and the level of credit is shown below:

  • 99.9% - <100%: 0% credit
  • 95% - 99.89%: 10% credit
  • >75% - <95%: 25% credit
  • <75%: 100% credit

In order for you to receive a credit, you must request the credit within seven business days after you experienced the issue, where your site is not responding to http requests, or unavailable via the http protocol. You request credit by creating a ticket to our account and billing department through your client area. The ticket must contain your domain name and the dates and times of the unavailability of your web site. Credits will typically be applied to your account within thirty days of your credit request. This credit is your sole and exclusive remedy for our failure to meet the Website Availability SLA. The statistics generated by our internal monitoring services, as well as the third-party monitoring services we employ are the final determination of the uptime of our service, and not any one client's experience.

The credit received can be used to partially or completely pay future invoices under your account. Account credits cannot be converted to cash or refunded.

Disclaimer

WPopt AB cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits a client would have gained if their site was functioning. Certain services provided by WPopt AB are resold. Thus, certain equipment, routing, software, and programming used by WPopt AB are not directly owned or written by WPopt AB. Moreover, WPopt AB holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question is liable to be deactivated. We reserve the right to deactivate any account without advanced notice for any reason and without restitution as WPopt AB sees fit.

WPopt AB retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

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