Terms of Service (ToS)

Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and the Acceptable Use Policy (“AUP”), including SPAM, and all disconnect and reconnect fees associated with violations.

The following terms constitute an agreement between you and us. These Terms of Service govern your use of the services provided by us (the “Services”).

By using the services you signify that you agree to these terms of service, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP, and that you consent to resolve in Romania any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services “AS IS” and without warranties.

These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.

We agree to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. We reserve the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of us.

Our Terms of Service and AUP are both subject to change at any time and without notice at our sole discretion. A change in policy shall not be grounds for early contract termination or non-payment.

Non-Payment

Services interrupted for non-payment may be subject to a reactivation fee equivalent to 50 $. Data stored on a client’s services will not be available to the client until reconnection is established or alternative arrangements are made to our sole satisfaction. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days from suspension/charge-back date.

Data

We are not responsible for data integrity, unless you have purchased an offsite backup addon. We strongly recommend keeping up to date and off network backups to protect against data loss. We do not perform data backups of any kind unless your service is protected by our offsite backups.

Refunds

Shared and VPS hosting services rendered by us are eligible for a refund within 7 days of your service being activated. This guarantee does not cover domain or license purchases. Prepayments and account credit are ineligible to be refunded, or transferred to alternate accounts. Any and all charge disputes must be reported directly to us within thirty (30) days of the date which the charge originally occurred. If a charge which is deemed valid by us, and validated by our Terms of Service or AUP, is disputed to a financial institution by performing a charge-back, then the client agrees to pay an ‘Administrative Fee’ of the equivalent of 300 $ in addition to original amount of funds which were reclaimed.

Suspensions

In the event a service is suspended, it will be subject to termination seven (7) days from the time of suspension. We assume no liability for the integrity of the data stored on a suspended server.

Cancellations

We require a fifteen (15) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A fifteen (15) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date.

Fraud

In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at our sole discretion. All information available to us about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within Romania, or abroad.

Disclaimers of Liability

We provide the services “as is”, “with all faults” and “as available.” We and our suppliers make no express or implied warranties or guarantees about the services. To the extent permitted by law, we and our suppliers disclaim implied warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. we and our suppliers do not guarantee that the results that may be obtained from the use of the services will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. No oral or written information given by a representative from our company shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change. You use the services at your own risk.

Your sole and exclusive remedy for any dispute with us or our suppliers is the cancellation of your account. In no event shall our, our affiliates’ and our suppliers’ aggregate and cumulative liability to you for any and all claims relating to the use of the services exceed the total amount of fees, if any, that you paid during the period during which such claims arose. We, our affiliates, and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our affiliates and suppliers, shall be limited to the fullest extent permitted by law.

You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your use or misuse of the services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Spam/Bulk Email Policy

We do not allow bulk mailing of any kind from its network, including but not limited to SPAM or SPIM. You may not allow others to use your account to violate the terms of these Terms of Service. If we receive an abuse complaint or otherwise become aware of abuse-related activities from our networks, we will identify the server the abuse was initially sent from (via IP), create a comprehensive list of the abuse complaints associated with the server in question, and issue an Abuse Notification to the client whose account(s) are associated with such complaints. An instance of a spam complaint is defined as one marketing E-mail.

DMCA Complaints

We handle any and all Digital Millennium Copyright Act (“DMCA”) complaints very seriously, and will thoroughly investigate each complaint received. We reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.

Support Boundaries

We provide 24×7 mail support to all eligible customers using the customer management system. All services and servers offered by us are unmanaged; We only ensure that the service is up and running. We do NOT offer support for application specific issues. If you don’t remember your login details for the customer management system, you may contact us at the contact data displayed on this website.

Company Data

We are a registered VAT paying company under the EU laws with the following data: SC NEXT HOST SRL , VAT Number: RO 33144983 Fiscal Number: J12/1570/2014 Bank account at ING Bank, Cluj Napoca IBAN USD: RO82INGB0000999904333977 SWIFT: INGBROBUXXX

Payment methods accepted