VerticHost Terms of Service Agreement

These Terms of Service (the “Agreement”) are an agreement between VerticHost SRL (“VerticHost”, ‘We’, “Us”) and you (“Customer”, “Client”, “User”, "Subscriber" or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by VerticHost and of the VerticHost.com website (collectively, the “Services”).

An agreement is formed between the Parties when VerticHost receives a properly completed registration or order form (“Order”) which the Customer has submitted through the registration and/or purchase order processes on VerticHost’s website and/or billing portal. After registration, the Customer creates the service account. You AGREE THAT ALL PRODUCTS AND SERVICES PURCHASED BY CUSTOMER ARE SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

By using the Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

VerticHost: VerticHost SRL – a private limited company registered in Romania. EUID ROONRC.J40/16868/2018, Fiscal Code: 40204522, EU VAT ID: RO40204522, registered address: Street Argentina, nr, 25, corpul A, demisol; District 1, Bucharest, Romania. Email: office@vertichost.com; Phone: +40-792-514-686; VerticHost SRL is registered as a VAT payer in the United Kingdom: UK VAT ID: GB 373 5398 65.

The website: https://vertichost.com.

The billing portal (client area and online ticket system): https://my.vertichost.com.

Customer: Individual/legal entity placing an Order.

1. Additional Policies and Agreements

By using the Services, you also agree to the terms of the following policies:

• 1.1. Acceptable Use Policy
• 1.2. Privacy Policy

2. Account Eligibility

2.1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

2.2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services. You acknowledge and agree that if you resell our Services or use or operate Services on behalf of others, you must ensure that your clients and/or End Users comply with these Terms of Service. By using our services, you understand and agree that you are solely responsible for all activities, including any content you upload, download, submit, share, store, transmit content on or through the Services; and you will be responsible for any acts or omissions of your clients or End Users that violate these Terms of Service or the law.

2.3. You must provide correct and complete data in your customer account. The Customer shall notify us in writing within 14 days of any changes. The Customer is required to provide appropriate evidence of the accuracy, completeness and reliability of the data upon request.

2.4. You agree that you have the necessary technical knowledge to ensure the proper use, administration and management of our Service(s); you agree that you have sufficient knowledge about maintaining server functionality and security, internet languages, scripts software and other activities. You agree that it is not the responsibility of VerticHost and/or our customer support to provide this knowledge.

2.5. When you place an Order to purchase our Services you agree that you are not subject to trade sanctions, embargoes, and other restrictions. You agree that you will not sell, export, transfer our Services and products to any country, entity, or persons prohibited by the European, Romanian and international laws and/or regulations.

2.6. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. VerticHost is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain.

2.7. In hosting services (shared, vps or dedicated) purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied. Providing false contact and/or billing information of any kind may result in the termination of your account.

2.8. The order can be automatically marked as "Fraud" and you will receive a formal notice that your Order has been cancelled. We are unable to provide additional information about the reasons a particular Order fails to pass the Fraud Verification Process.

2.9. We have the right to accept or reject the contract within a period of seven (7) work days after we receive the Customer order. We reserve the right to refuse or cancel your order for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order and account if fraud or an unauthorized or illegal transaction is suspected. VerticHost will reimburse you all pre-paid fees within seven (7) days since you have received VerticHost’s formal notice that your Order has been cancelled. We have no responsibility and no liability for payment of any indemnification, compensation for damage or claims related to not approved Orders because they have failed our Fraud Verification Process. No interest or other charges will accrue on the advance paid amounts.

3. Responsibility

3.1. VerticHost is not responsible for any damages your business may suffer. VerticHost makes no warranties of any kind, expressed or implied for services we provide. VerticHost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by VerticHost, its employees, suppliers, customers or any third party.

3.2. VerticHost is not a direct participant to the transfer, storage and processing of information provided by the Customer, and VerticHost is not responsible for any violations. VerticHost is under no duty to monitor Customer’s activities, and VerticHost disclaims any responsibility for any Customer’s misuse of the Services. VerticHost has no responsibility for any User or other third-party material or information created, stored, maintained, transmitted or accessible on or through the Services, and has no obligation to monitor or exercise any editorial control over such material.

3.3. You should ensure that the use of this Site and the Services, including any content you submit, shall comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

3.4. You, as a VerticHost Customer, are solely responsible for the content and data stored on and served by your account/server/website. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

The Customer is exclusively responsible for all activities occurring in connection with all access and use of services, including the Customer's username, password, registered domain names; as well as any and all scripts or programs added to the account by the Customer or authorized users. VerticHost will not be responsible for losses or damages of any kind, caused by the Customer's failure to comply with the foregoing security requirements or caused by any person to whom the Customer grants access to Services. The Customer shall be responsible for maintaining and updating all programs or scripts on the Customer's services.

3.5. You are solely responsible for obtaining all permissions, licenses and rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, images, audio, video, software, marks or any content, you use on, or transmitted through the Services.

3.6. If you use any third-party software on the Services, you warrant to VerticHost that you are duly licensed to use the software. You agree to provide us with such license(s) upon request. If you fail to provide reasonable evidence of licensing, VerticHost, at our sole discretion, may suspend the Services and/or terminate the Agreement with immediate effect.

3.7. The Services, software, technology, and equipment may be subject to international (including EU and US) rules that govern the export of Products and Services, software, technology and equipment. The Customer must comply with all domestic and international export laws and regulations. These laws include restrictions on destinations, end users and end use issued by national governments, EU, US or similar bodies, and restrictions on embargoed countries, entities, persons and export control.

p 3.8. are applicable for Resellers.

3.8. If the customer does not use provided services personally but charges a third party (third-party customer and/or End-user) for their use (as a reseller), the following provisions also apply:

The reseller remains the sole party in agreement with VerticHost. The reseller is obligated to inform third-party customers of their material contractual obligations in accordance with these Terms of Service and ensure customer compliance with this Agreement. The reseller is liable to VerticHost for all losses arising from contractual obligations and duties pursuant to these Terms of Service on the part of a third-party customer. We grant you a non-exclusive, non-transferable rights to resell the Services under the terms and conditions of this Agreement. The Services that you choose to resell are subject to the Terms of Service and other policies of this Agreement.

4. Prices and Price Changes

4.1. Usage-independent charges are due and payable in advance for the corresponding contract term.

4.2. The Customer should pay the applicable amount during registration or before the renewal date.

4.3. It is your responsibility to ensure that your payment information is up-to-date, and that all invoices are paid on time.

4.4. All prices published on the site are in EURO and exclude Value Added Tax (VAT). Additionally, you acknowledge and agree that VAT or other localized fees and/or taxes may be charged based on your bank and/or the country indicated in your billing address section.

4.5. Rates for VerticHost Hosting Services are published on the Website; these rates are subject to change without further notice.

4.6. If a registry and/or another supplier increases the prices for a specific extension or other product or service, VerticHost is entitled to pass on this increase to the Client.

4.7. VerticHost has the right to change the prices periodically and The Customer will be charged based on the current renewal rates for the next billing cycle.

5. Invoices and Currency

5.1. All prices published on the site are in EURO by default and exclude VAT (Value Added Tax). In our billing portal you can choose other currencies for payments and invoices: USD and RON.

5.2. You acknowledge and agree that the prices for Services in USD or RON can be changed for the next billing cycle and you will be charged based on the current exchange rate by the ECB or by the National Bank of Romania.

5.3. All invoices are issued in EUR by default or can be issued in USD or RON. To have invoices in other currency than EUR you need to choose the currency while placing the first order.

5.4. Changes of the currency for your account should be made only from our side. For these changes you need to open the ticket to our Billing Department. We will create the second account in our billing portal with other currency and close the previous account. To have two accounts simultaneously in different currencies is forbidden.

5.5. After receiving payment, we will issue a fiscal invoice within 14 days, which will be uploaded in .pdf format in your client area and/or sent via email. In general, invoices are available immediately after payment in the billing portal, and a copy is sent to your email in .pdf format.

5.6. The Customer should inform VerticHost if his company is registered for VAT purposes. Value added tax (VAT) is applied on all orders made by Romanian customers as well as customers from the European Union and the United Kingdom that do not provide a valid VAT ID. For other countries, the VAT will not be charged.

5.7. When your order has been cancelled and/or has not been activated, or order refunded upon your request or disputes and VerticHost will reimburse your pre-paid fees. We will issue the "Credit Note" Invoice. This invoice can include a full amount for a full refund or a partial amount for a partial refund.

5.8. If the Customer pays the amount more than indicated in the Proforma Invoice or in case of double payments (or more) for invoices, we reserve the right to apply this balance immediately for prolonging these services for the next period and/or adjust the due date according to such additional payments. The invoice with the indicated period for prolonging services in advance will be issued for these payments. In case this payment has been made by error or you do not intend to prolong the services, you should contact us within 14 days (after payment date) via opening a ticket in the billing portal. If there will not be a request for refund within 14 days after the payment date, no refund shall be issued.

5.9. When an invoice is overdue for more than four days, we may charge Customer a late fee of 10 EUR plus any applicable taxes.

5.10. You may apply the credit balance formed by overpayments and/or double payments for due invoices or for ordering new services. In this case the applied credit balance amounts are non refundable. You might apply this credit balance before it will be applied from our side according to 5.8.

5.11. If you have an automatic PayPal subscription for services and you have paid the proforma invoice before the due date, we will not suspend or cancel your PayPal subscription. At the time of the Subscription Effective Date of PayPal Subscription you will be charged based on your subscription. We consider these actions as your intention to extend your services in advance, and this payable amount is not refundable and cannot be recognized as the double payment. The subscription for payment is more valuable than a single payment, because the subscription for payment shows your intention to avoid service interruption because of non-payment. For this payment we will issue an invoice for prolonging your server for the next period in advance and your service will be extended according to your payment. As an exception: VerticHost can (but not obliged) suspend or cancel your PayPal Subscription from our side if you have two or more active PayPal Subscriptions for the same service.

5.12. The services that have an open dispute may be disabled for security purposes. We reserve the right to deny a renewal of our services and new orders to any Customer who issues a chargeback or dispute for Credit Card or PayPal payments.

The customer who wants to dispute a payment, must send an email directly to billing@vertichost.com whereby the issue will be researched, and investigated by our account managers. If this step is skipped, and the payment dispute and/or chargeback is executed with his/her credit card issuing bank and/or PayPal (Dispute), the customer's accounts (the billing account to prevent new purchase orders and hosting account for security purposes) will be immediately suspended.

5.13. Customers who pay invoices via Bank Transfer should pay all Bank Transfer fees, and VerticHost should receive the full amount indicated in the invoice. The customers who pays invoices via Bank Transfer should indicate the proforma invoice number for Bank Transfer payments in the payment descriptions.

pp. 5.14., 5.15., 5.16., 5.17., and 5.18. are applicable only for Customers from Romania.

5.14. All Customers from Romania should choose the local currency in RON to simplify the accounting process for both parties.

5.15. If the Customer from Romania chooses the currency in EUR or USD for invoices while ordering services, the invoices will be generated in these currencies in the future. In this case, when a Customer from Romania, receives invoice in EUR or in USD, the Customer should use for accounting purposes the exchange rate and the amount in RON indicated on these invoices in Notes.

5.16. We reserve the right to change the default currencies to RON forcefully from our side for Customers from Romania.

5.17. For Bank Transfer payments, Customers from Romania should pay in RON, at the valid official exchange rate communicated by the National Bank of Romania for the day of payment.

5.18. Customers from Romania representing a company must provide us with the tax identification number (CIF), VAT status ("VAT registered" or "Not VAT registered"), ROONRC (Nr. reg. com), and the registered address.

5.19. We reserve the right to adjust your provided information to ensure it matches the exact records in the ONRC register for validating your invoices through the e-Factura service.

5.20. As we provide services on a pre-paid basis, after receiving your payment, we issue the invoice in our billing portal, assigning it an invoice number, invoice date, and including all transaction details. This invoice will be uploaded with identical details to the e-Factura system within 72 hours, but no later than 5 days after the invoice date. Please ensure that you register only the XML invoice from the e-Factura service in your accounting.

6. Payment Methods

6.1. You can choose a preferred payment method. You accept and agree to the terms applicable to that payment method, which will form part of your agreement with VerticHost.

6.2. We offer the following payment methods: Debit/Credit Card, PayPal or Wire Transfer.

7. Contract Duration

7.1. Contracts are concluded for an unlimited time period unless terminated.

7.2. This contract may be terminated by either party without providing any reason whatsoever seven (7) days' notice before its next due date. You may terminate or cancel the Services by providing VerticHost a written notice via ticket request and/or a cancellation request provided from the billing portal.

7.3. The Agreement shall commence since the Effective Date. The date on which you submit your Order for purchase of the Services, shall be considered as the Effective Date of this Agreement.

7.4. The initial Billing Cycle or Term of this Agreement shall be as set forth in an Order Form or when you sign up for the Services. For example, your Billing Cycle may be monthly, quarterly, annually, biennially or triennially. Your Billing Cycle is the interval of time you have chosen to receive invoices for the Services.

7.5. The initial Billing Cycle may vary, depending on services. This billing cycle or term is indicated in an Order Form. For VPS Hosting, Dedicated Hosting Services and other related services the Customer agrees to a thirty (30) day minimum contract beginning upon the commencement of service. For Web Hosting, SSL, domains and other related services the Customer agrees to one-year (365 days) minimum contract.

7.6. After the Billing Cycle, this Agreement shall automatically renew. The Initial Billing Term and all successive renewal periods shall be collectively referred to herein as the “Term” (Contract Duration).

7.7. The due date takes effect at midnight, - Bucharest, Romania time.

7.8. Your billing date (due date) will be based on the date you purchased the Services, unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each billing term.

7.9. The billing date (due date) can be changed to your preferred billing date (due date) from our side upon your request via the billing portal to our Billing Department. In this case we will issue the pro-rata invoice and adjust the due date for services according to your payment.

8. Renewal Policy

8.1. As described in the p.7.6. after the Initial Billing Term, this Agreement shall automatically renew.

8.2. Proforma invoices to renew your services for the next billing period are generated in our billing portal as follows:

• a) Ten (10) days before the due date for Monthly billing terms.
• b) Eleven (11) days before the due date for Quarterly billing terms.
• c) Fourteen (14) days before the due date for Semi-Annually and Annually billing terms.
• d) Twenty-one (21) days before the due date for Biennially or Triennially billing terms.

Proforma invoices sent via email when they are created. Renewal reminders are then sent three (3) days before the due date. If you want to receive the proforma invoice earlier, you should contact our Billing Department.

8.3. It is your responsibility to ensure that your payment information is up-to-date and all due invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. You need to pay your invoices before the due date.

8.4. VerticHost can automatically collect payments from customers with credit cards stored on file (as opposed to credit cards used one for one time transactions) and/or with PayPal Subscription. All other payment methods (one time credit card payments, one time PayPal payments, Bank Transfers) must be initiated manually by you. It is your obligation to ensure that renewal fees are paid before their due date.

8.5. You agree that until and unless you notify VerticHost of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services. This billing will be done using your credit card or PayPal or other billing information on file with us if you choose a payment method by recurring subscription. If you have stored credit card information with us or enabled a recurring PayPal subscription, you acknowledge, agree, and authorize VerticHost to automatically bill and/or charge your Customer Credit Card or PayPal for successive terms equal to the length of the initial billing term unless terminated or canceled by either party as provided herein. You acknowledge and agree that current rates for service contract renewal may be higher or lower than those for the initial billing term.

8.6. If the Customer does not want the auto-renewal of the service, the Customer may cancel such renewals in the PayPal Account and/or delete the credit cards on file with us. You are solely responsible for recurring subscriptions and cancellations. You acknowledge and agree that renewal payments are non-refundable.

8.7. Starting from the due date, VerticHost reserves the right to suspend access to services until we do not receive payment. Access to the hosting account will not be restored until payment is received in full.

8.8. Starting from the due date, VerticHost reserves the right to suspend access to services until we do not receive payment regardless of the automatic recurring subscriptions enabled for your account in the following cases:

• a) If the renewal price for services is more than 50 EUR (exclude VAT).
• b) if the renewal price for services is less than 50 EUR (exclude VAT) but before we have not billed or charged your account with recurring subscriptions.
• c) For Dedicated Servers, regardless of service pricing.
• d) For third-party products with licences or without.

8.9. You agree that VerticHost shall not bear any responsibility and liability for any damages, losses, costs whatsoever including, but not limited to, damages for lost profits or revenue, damages for business, lost cost savings, costs of delay, loss of data or information, loss of use or any other pecuniary loss you or any third party may suffer, if you do not pay your invoices before the due date.

8.10. If payment is received after the due date (not before the due date) and the service is already suspended, the unsuspension process might take up to 12 hours after the payment confirmation.

8.11. The Customers are not able to renew their servers in the following cases:

• a) the Customer does not renew the service in the time indicated in Termination Policy (p.10).
• b) the Customer violates the Terms of Service and/or Acceptable Use Policy. We reverse the right to cancel the service for which we have received the abuse report and/or abuse complaint and decline new orders and/or renewal for other services in your account.
• c) The Customer initiates a payment dispute (see the p. 5.12)
• d) In case the agreement is terminated by either party and/or the Customer has submitted the cancellation request for services.
• e) If we cannot prolong your services for technical or any other reasons. For such cases we will notify you 7 (seven) days before the next due date.
• f) For any other lawful reason, including to comply with applicable laws, or as otherwise specified in this Agreement.

8.12. In the event that the Customer pays an invoice for a service that has been cancelled or terminated, we will contact the customer and notify them regarding the possibility of activating a similar service. If there is no response or confirmation for activating a new similar service, we will proceed with the refund within 14 (fourteen) days after the payment date.

8.13. If the Customer renews services on the due date in an automatic mode (via Credit Card or PayPal payments) for the first-time and for only one service in the account and contacts us within 72 hours after the transaction time, we can cancel the renewal for Quarterly, Semi-Annual, Yearly or longer periods. You may request to change your billing cycle to a Monthly subscription and the remaining balance will be refunded to your original payment method. In all other cases (for example, monthly-based renewal subscriptions) the renewal payments are non-refundable.

8.14. If the Customer renews services before the due date in a manual or automatic mode (via Credit Card or PayPal payments) for the first-time and for only one service in the account and contact us before 72 hours of the due date, we can cancel the renewal of the service and the pre-paid balance will be refunded to your original payment method. The refund is applicable for all Hosting Services - Web Hosting, VPS Hosting and Dedicated Servers and not applicable for third-party services and products.

9. Cancellation Policy

9.1. This contract may be terminated by either party without giving any reason whatsoever seven (7) days before its next due date.

9.2. You may terminate or cancel the Services by sending a cancellation request through the billing portal. We require all cancellations to be done through your customer account via our billing portal. This process aims to ensure that you are aware that your files, emails, and hosting account may be removed immediately and permanently after a cancellation request is processed. Ensure that you perform a backup of all Customer content and data before you contact VerticHost to cancel your account.

9.3. Cancellations will be effective immediately or on the account’s end of billing period (due date) depending on your request. Once we receive your cancellation, you should receive an automatic confirmation email. VerticHost will confirm your request and process your cancellation shortly thereafter according to your request. If you do not hear back from us, or do not receive the automatic confirmation email within 24 hours after submitting your cancellation, please contact us immediately via email at: support@vertichost.com or via opening the ticket in the billing portal.

9.4. After a cancellation request is processed, all Customer Content will be permanently removed from the server.

9.5. In the absence of such a cancellation request, the contract will extend automatically (according to p.7 Contract Duration) by the agreed minimum billing terms which is usually one (1) month, a quarter, half-year, a year, a two year or a three year.

10. Termination Policy. Data Deletion

10.1. This contract may be terminated by either party without giving any reason whatsoever seven (7) days before its next due date. For Cancellation Request of the Contract from your side, please, see the p. 9 of these Terms of Services.

10.2. We are not responsible for any deleted or lost the Customer data and content that results in any suspension or termination of the Services.

10.3. VerticHost may terminate this contract without prior notice or liability if the Customer does not pay for services within three (3) days since the due date of the service.

• The services will be terminated and all data will be deleted:
• a) For Dedicated Servers: 3 days (72 hours) since the due date.
• b) For VPS Hosting: 4 days (96 hours) since the due date.
• c) For Web Hosting: 14 days (336 hours) since the due date.

Disclaimer: Since the due date means the following: if the due date for your server is 1st date, and the termination time is 3 days (72 hours) the server will be deleted on 4th at 00:01 A.M.

10.3. VerticHost may terminate this contract without prior notice or with no liability, in these cases:

• a) You violate the Terms and Conditions of this Agreement (including Acceptable Use Policy).
• b) The Customer contravenes or ignores warnings about infringement of the requirements of Terms of Conditions and/or Acceptable Use Policy.
• c) Your conduct, actions or behaviour may harm VerticHost or others, cause VerticHost or others to incur liability, or disrupt VerticHost's business operations (as determined by VerticHost in its sole discretion)
• d) You are abusive towards VerticHost's staff in any form and manner.
• e) For any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement.

VerticHost will not refund to you any fees paid in advance of such termination as a result of a breach of our Terms of Services.

10.4. Any account which causes us to receive an abuse report and/or abuse complaint may be terminated and/or services will be suspended. In this case, the Services may be terminated by VerticHost with or without notice upon any violation of these Terms of Services. In such event, VerticHost shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, VerticHost may charge you for all fees due for the Services for the remaining periodic payments of the then current term.

11. Delivery Policy

11.1. The services are delivered after the payment confirmation. Services cannot be activated until payment has been received.

11.2. Standard hosting services (Web Hosting, VPS Hosting) are delivered within 24 hours, depending on stock availability and unless otherwise specified. In general, it takes less.

11.3. Dedicated Hosting Services (Dedicated Servers) are delivered within 48 hours, depending on stock availability and unless otherwise specified. In general, it takes less.

11.4. Custom hosting solutions are delivered within 120 hours, depending on technical specifications, stock availability and unless otherwise specified. Custom hosting solutions shall be referred to all services (Web Hosting, VPS Hosting or Dedicated Servers) for which additional IPs, storage, RAM, network bandwidth or other specified can be ordered.

11.5. Hosting Services can be activated only in the business days for the following locations: Italy, Greece and Republic of Moldova. Consequently, the time for service delivery indicated in the pp. 11.2., 11.3., 11.4. cannot be calculated on holidays.

11.6. We may require additional information from your side before the service is delivered. Due to the risks presented by customers using stolen credit cards or other fraudulent activities we can require any additional information according to p. 2.7. In the event that we are unable to conclusively validate your identity, we will unfortunately have to decline your order according to p.2.9.

11.7. We can ask for additional technical information which is necessary for the service activation. In this case, we will not activate your service until we get all necessary information.

11.8. Notifications about the service activation will be sent to the email address used to register on our website. Also, you can find all information about your service in your client area (billing portal) on our website.

12. Refund Policy

12.1. VerticHost offers its new customers that never had a business relation with it before, a 7- days’ money back guarantee (full refund) for all Web Hosting and VPS Hosting plans. From the day that VerticHost supplied the ordered service to the customer, they have seven (7) days to revoke their order and contractual statement without stating any reasons. If your hosting account has passed the 7 day refund period, no refunds are issued.

12.2. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Also, if a customer purchases the 2nd, 3rd, etc. hosting package and wishes to cancel this particular package, they are not eligible for a refund.

12.3. Customers must submit a ticket to the billing department on our billing portal requesting a refund within the first seven days after the order activation date.

12.4. VerticHost shall be obliged to issue a refund within fourteen (14) days upon receipt of the revocation by the customer if their hosting accounts are eligible for refund.

12.5. Refunds will be issued only to the payment method that the original payment has been sent from.

12.6. Violations of this Agreement and/or Acceptable Use Policy will waive your rights under the refund policy.

12.7. Money-back guarantee does not apply to Dedicated Servers. Because there are no refunds for dedicated servers, please, make sure that you have chosen the right server specification.

12.8. Money-back guarantee does not apply to additional services which are purchased with VPS Hosting services. Such value added services included software licenses, service upgrade, setup fees for custom software, advanced support fees or to any fees for any other additional services. VerticHost reserves the right to deduct fees for value added services that may have been included in the Services at no additional fee, from any refunds.

12.9. Money-back guarantee only applies to fees paid for Web Hosting and VPS Hosting services and does not apply to dedicated server packages, software licenses, domains, SSL certificates, additional dedicated IP addresses, advanced support fees, setup fees for custom software or other setup fees, or to any fees for any other additional services. VerticHost reserves the right to deduct fees for value added services that may have been included in the Services at no additional fee, from any refunds.

12.10. As an exemption for pp. 12.1. and 12.2. existing customers are eligible for a refund in cases indicated in the pp. 5.8., 8.12., and 8.13. of this Agreement.

pp.12.11. are applicable only for Customers from the European Union, United Kingdom, Iceland, Liechtenstein, Norway and Switzerland.

12.11. Customers from the European Union, United Kingdom, Iceland, Liechtenstein, Norway and Switzerland have the right to cancel services within 14 days from the day that VerticHost supplied the ordered service. However, all other rules for eligibility for refund should be followed as generally indicated in pp. 12.1 – 12.10.

13. Resource Usage Policy

13.1. You are required to utilize allocated resources for hosting services in a responsible manner. The hosting services must not generate a high network load, high traffic load, excessive use of server CPU and memory resources that can result in availability problems for other customers. VerticHost will be the sole and final arbitrator as to what constitutes a violation of this Resource Usage Policy.

13.2. VerticHost reserves the right to limit the bandwidth speed, limit the channel, limit resource usage or suspend services if the customer use the services in an excessive mode. Such limitation or suspension can occur at any time without prior notice.

13.3. Unmetered bandwidth/Unlimited bandwidth means that we do not have defined limitations on the amount of bandwidth you can use or the amount of data you can transfer. These resources are “unmetered”, meaning you are not billed according to the amount of bandwidth used. Nevertheless, any excessive and/or 24/7 network usage by customers of traffic and network bandwidth can result in automatic bandwidth limits.

13.4. We strongly recommend for highly loaded websites, applications, video-streaming, file storage, CDN, multimedia distributions and other high activities (which require 24/7 network usage and independent resources) to choose the Dedicated Servers.

14. Sub-contracting

14.1. VerticHost may, without restriction, use the services of service providers and/or sub-contractors for all or part of the services required of it and to collect monies owed by the Client.

15. IP addresses

15.1. The Services will have either a shared or dedicated IP address. For Web Hosting Services we assign shared IP. For VPS Hosting or Dedicated Servers we may assign one or more Internet Protocol addresses to you for use with the Services.

15.2 Vertichost or its suppliers may change any such IP address at any time. You acknowledge that you have no right, title or interest in or to any IP addresses assigned to you by Vertichost or its suppliers in connection with any Services. We make reasonable efforts to avoid IP address changes but due to many factors, including network configuration changes, you will be given advance e-mail/ticket notifications of such a change.

15.3. The IP address for services cannot be chosen prior order and cannot be changed after the server activation. Changing a server location with an assigned IP or with a new IP is not possible, you need to purchase another server in the desired location.

15.4. Purchase of additional IP addresses is possible, only with explicit justification of the reason why IP address is required. We reserve the right to deny requests for IP addresses, under our sole discretion.

15.5. Vertichost assigns IP addresses with this type: Data Center/Web Hosting/Transit. We cannot be responsible for third party websites/services and their availability from our IPs. This included but not limited to multimedia, games, financial, and any other websites/services.

15.6. VerticHost reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local laws or for technical or other reasons without notice.

16. Backups

16.1. You are responsible for making backup copies of all your content uploaded, stored, published and displayed on or through our Service(s) in the location independent of Vertichost’s equipment or servers. VerticHost is not responsible for files and/or data residing on your account.

16.2. We may provide a backup service for your site on the web hosting account, however, we do not accept responsibility for any failure of our backup mechanism.

17. Support

17.1. VerticHost provides a variety of unmanaged hosting services, including but not limited to web hosting, vps hosting, dedicated servers. Any services can be provided with a control panel, such services can be managed by you with this control panel (in most cases with cPanel or cPanel/WHM). By definition, all hosting services with or without a control panel are considered as unmanaged.

17.2. English is the official language for our support.

17.3. The support of VerticHost consists of answering questions from Customers via its billing portal (with a ticketing system) as well as through the provision of manuals and tutorials via the website. VerticHost does not provide support by telephone, online/live chat or via messengers.

17.4. We provide technical support for issues related to functionality of any Service(s) and features purchased from us. Our technical support is available for all customers and it is provided on an "As Is" and "As Available" basis.

• VerticHost provides the following basic levels of support for any hosting services:
• Physical hardware management and replacement;
• Network availability;
• Request for re-install, reboot, shutdown or boot server;
• Request for rDNS changes;

17.5. If you request technical support, you agree that we may have full access to your Services and/or Content. It is your obligation to perform and store a backup of your data and files prior to requesting technical support. You are solely responsible for any instructions you provide to us as a part of your technical support request. You understand and agree that any modifications we perform in order to address your technical issue may affect the functionality of your website and/or Services. It is your responsibility to ensure that your website is operational and the Services are configured to your needs once we complete work on your request.

17.6. Support requests that are not covered by our standard technical hosting support will be billed at an hourly rate of not less than €50 EUR per hour.

18. Additional Services by VerticHost

18.1. We offer SEO, PPC, Web Design, Software Configuration, Software Installation, Server Management and Development services. We can install SSL Certificates or we can provide paid support for your hosting product or your website. Additional agreement for both parties will be applied for these additional services. All prices indicated in our website for non-hosting services are standard-based and can be changed, according to p. 4.5.

18.2. After we receive your order and all detailed information about your project, we will offer you the final price and additional agreement. The total price can include additional fees and taxes.

19. Limitation of Warranty

19.1. The Services provided under this agreement are offered "AS IS" and on an "AS AVAILABLE BASIS." The customer acknowledges and agrees that the use of Vertichost's Services is at the Customer's sole risk. Neither Vertichost, its directors, employees, affiliates, agents, third-party information providers, suppliers, merchants, licensees, nor the like, warrant that Vertichost's Services will be uninterrupted, timely, secure, or error-free. They do not make any warranty regarding the results that may be obtained from the use of the Services or the accuracy, reliability, or content of any information, service, or merchandise contained in or provided through Vertichost Services. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of VerticHost’s services is done at your discretion and risk.

VerticHost shall not be responsible for any error, damages, or other losses your business may suffer. VerticHost makes no warranties of any kind, expressed or implied, for the Services. VerticHost disclaims any warranty, including merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any service interruptions caused by VerticHost or our employees. Under no circumstances, including negligence, shall VerticHost, its staff, agents, representatives, suppliers, or anyone else involved in creating, producing, or distributing VerticHost's Server service be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use VerticHost's Services. This includes mistakes, omissions, interruptions in connection, deletion of files, viruses, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to VerticHost’s records, programs, or services.

The parties expressly note that the Services are not designed to be error-free or uninterrupted, and therefore they are neither designed, manufactured, intended, nor suitable for purposes that require fail-safe performance, including medical, nuclear, aviation, navigation, military, or other high-risk activities where failure of the services could result in death, personal injury, severe physical or environmental damage, and/or substantial property damage. Without limiting the generality of the foregoing, we do not warrant that the Service(s) will meet any or all of your needs and requirements; will operate in all of the combinations which may be selected for use by you; or that the operation of the Service(s) will be uninterrupted, error-free, or completely secure.

20. Limitation of Liability

20.1. VerticHost shall not, under any circumstances, be liable for indirect or consequential damages incurred by the Customer. In no event shall VerticHost, its directors, employees, or agents have any liability to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including any lost profits or lost data arising from your use of the services, or any user content, user websites, or other materials accessed or downloaded through the services. These limitations of liability apply even if VerticHost is aware of the possibility of such damages or has been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, VerticHost's liability to you, or any party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to VerticHost for the services in the three (3) months prior to the initial action giving rise to liability. This limit is an aggregate limit, and the existence of more than one claim hereunder will not increase this limit.

21. Governing Law – Jurisdiction

21.1. The agreement is governed by Romanian law. Any potential disputes that occur between VerticHost SRL and the Customer will be settled amicably. If an amicable resolution is not possible, the disputes will be referred for settlement to the Romanian courts of jurisdiction.

22. Disclosure to Law Enforcement

22.1. VerticHost may disclose User information to governmental and law enforcement authorities without further consent or notification to the User upon lawful request from such authorities.

23. Intellectual Property Rights

23.1. The materials contained on this site are protected by copyright, and any unauthorized use of any of these materials may violate copyright, trademark, and other laws. These materials cannot be copied or reproduced.

23.2. VerticHost is protected by copyright, trademark, and other laws of Romania and European Union law. Our trademarks and materials may not be used in connection with any product or service without our prior written consent.

24. Force Majeure

24.1. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, accidents, embargoes, governmental restrictions, interruptions of transportation or communications, supply shortages, or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

25. Notices

25.1. Notices to VerticHost under the Agreement shall be given via electronic mail to the e-mail address of billing@vertichost (or support@vertichost.com) or via our billing portal with online ticketing system at https://my.vertichost.com. All notices, including but not limited to support or billing requests, must be submitted from a registered e-mail address on file in the customer account.

25.2. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. It is the Customer's responsibility to ensure accurate, valid and complete contact information and update it when necessary. The customer may change his, her or its notice address by a notice given in accordance with this Section.

25.3. Notices shall be deemed to have been received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered.

26. Changes to the Agreement or the Services

26.1. VerticHost may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the VerticHost website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

26.2. VerticHost reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Revised: 04 September 2024 by VerticHost SRL