Legal

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. Their 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. 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.

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.

Privacy Policy

Introduction and overview

1. WPopt AB, 5591060420 is the responsible party for the processing of personal information obtained through the usage of services provided by and sold by WPopt AB. This policy describes how the information is used and your rights as a user.

WPopt AB understands the importance of your privacy and WPopt AB does everything that is technically feasible to safeguard your data. Access to your personal data is restricted to employees, and contractors who need access to the data in order to maintain the services provided by WPopt AB, and to be able to support you as a user. Anyone with access to your data is bound by strict confidentiality obligations. Your data is handled in accordance with Swedish law. WPopt AB recommends you read this policy thoroughly before submitting your personal data and creating your account.

1.1 By accepting this policy (via the checking of the box during the account signup process) you hereby acknowledge and accept that the following personal information will be gathered and stored:

  • Name
  • Address
  • Phone number (optional)
  • Company name (where relevant)
  • Email address
  • Credit card number or PayPal email address*
  • IP Address
  • VAT number (where relevant)
  • ISP name
  • Browser user-agent

* Note that if you choose to register a credit card, the number is not stored or accessible by WPopt AB. For more details see point 2 below

WPopt AB transmits address, IP address, and email address data to MaxMind, Inc at the time of account creation for the purposes of fraud detection and fraud analysis.

1.2 In addition to the above usage, your data will be used in the following ways

  • Your address details in order to calculate required tax/VAT
  • Your credit card number or PayPal email address in order to initiate the transaction process with the third-party payment service (see point 2 below)
  • Your IP address for the purpose of customer identification, support and troubleshooting, and fraud prevention
  • Your email address to send you updates regarding your account, communications regarding service changes, account and service-related announcements
  • Your company name in association with your VAT number (where relevant) to calculate relevant tax/VAT
  • Your ISP name for the purposes of fraud prevention
  • Your browser user-agent for the purposes of support and troubleshooting

1.3 WPopt AB will never request or require any sensitive information including, but not limited to personal ID number, social security number, religious preferences, and as such WPopt AB asks that you do not enter any such information in any free text entry fields on the site.

1.4 By agreeing to this policy (via the checking of the "I agree to the privacy policy" box during the account sign-up) you acknowledge and agree that your provided personal information will be processed:

  • In accordance with this policy
  • In accordance with any relevant laws in effect, such as accounting/book-keeping laws

1.5 WPopt AB does not currently participate in the EU/US Privacy Shield program, however WPopt AB may transfer personal information to third-party service providers that are certified to receive such information under the Privacy Shield program.

WPopt AB will never transfer your data outside of the EEA or outside of Privacy Shield certified third-party providers, or outside any country which has been granted adequacy status (as granted by the European Commission on the basis of article 45 of Regulation (EU) 2016/679) except in cases outlined in point 1.6 below.

1.6 WPopt AB does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you´ve requested, when we have your permission, or under the following circumstances:

  • We provide the information to trusted partners who work on behalf of or with WPopt AB under strict confidentiality agreements.
  • We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
  • In the event WPopt AB is merged with or acquired by another company. In such a case, WPopt AB will notify you before information about you is transferred and you will be required to submit consent for the new privacy policy.

Payment data

2. Payments are processed via either PayPal or via Stripe Inc. Credit card information is not stored or accessible by WPopt AB - only the last 4 digits and expiry date of the registered card are visible which is used for identification and support purposes. All payments are therefore processed via PCI-DSS-Level 1 certfied partners and therefore fulfil card issuer and bank security requirements


Data retention

3. Your personal data is retained during the time you are an active customer, as well as after you cease being an active customer. The following personal data is retained for 7 years in accordance with Swedish accounting law:

  • Name
  • Company name (where relevant)
  • VAT number (where relevant)
  • Address
  • Email address

Your personal data can be used and retained for a longer period of time when such information is the subject of a legal request or investigation or other case which has the potential of causing damage to WPopt AB or you as a user.


Your Rights

3.1 You have the right to a digital copy listing the information we currently hold on you, as well as knowing where this information has come from, as well as knowing to which recipients your data has been sent to. You have the right to such an extract at no cost, without having to specify any reason, two times per year.

You have the right to request that we correct, update, or remove your personal details at any time. Such requests will be assessed on a case by case basis. Certain requests may be denied if it would mean WPopt AB will not meet the legal requirements set forth in other laws, such as accounting/book-keeping laws.

To exercise your rights, or to contact WPopt AB with any questions or complaints you can find the contact details in point 3.2 below. In the event that you do not receive a reply, or in the event that you are unable to reach an agreement with WPopt AB relating to your request, or are dissatisfied with how it has been handled you have the right to contact and complain to the relevant authorities. You can find the relevant authority for your request and its contact details here:

http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

3.2 To exercise your rights as outlaid above please contact WPopt AB at the following address:

charles@wpopt.com