TERMS OF SERVICE (ToS)
1. Application of the contract
Terms and Conditions apply Click Nethosting Oy ("CNH") services ("Service"), unless otherwise agreed in writing. Parties of the agreement are Click Nethosting Oy and subscriber of service ("Customer"). The Customer agrees to comply with the terms and conditions of this agreement when using or accessing the Service.
2. Validity of the contract
These terms and conditions come into effect 7.1.2016 and are valid until further notice. The Customer accepts the terms and conditions when subscribing the Service. This agreement shall commence on the date when CNH discloses to the Customer the user IDs of the Service or any other way announces opening of the Service. The agreement is valid for the duration of the selected Service, unless otherwise agreed. The agreement and the Service will automatically continue after the end of the contract with a new length of the previous contract period, unless it is terminated in writing.
3. Submission of the Service
CNH delivers to the Customer the ordered Service and the usernames and passwords needed to operate the Service which Customer ordered. CNH has the right to change user names and passwords, if necessary, by giving notice to the Customer.
The service is delivered when CNH transfers to the Customer the user IDs of the Service or otherwise notifies that the Service available. The customer is considered to have accepted the delivery, unless he or she files a complaint in writing no later than fourteen (14) days after the service has been provided.
CNH has the right to use subcontractors or other contractual partners in the delivery of the Service.
4. Content of the Service
CNH can provide the Service specified in the contract as they wish. CNH reserves the right to change the content of the Service, informing it in advance, however. CHN has the right to change the content of the Service without informing in advance if this is necessary, for example, for security or other reasons. In such cases the changes made will be communicated as soon as possible afterwards.
If the Service changes require changes to the Customer's hardware or software, the Customer is responsible at its own cost of such changes. CNH is not responsible for disadvantages the Service changes may cause to the Customer.
5. CHN's responsibilities and obligations
CNH's liability is limited to always be no more than the amount that corresponds to one (1) month Service fee of that particular Service. Compensation for damages has to be requested within fourteen (14) days from the detection of an error a claim is based on or from when the Customer should have detected it. CHN corrects errors in the Service as soon as is reasonably possible.
CNH is not responsible for indirect or consequential damages, such as lost profits or a reduction in revenue, or of a third party for failure to fulfill its obligations or any other unforeseeable damage. Limitation of Liability does not apply damages caused by willful misconduct or gross negligence.
CNH takes daily and weekly backups of all Customer accounts that are under 20GB and 150,000 inodes. Each file (eg. Web page, picture or e-mail) uses a single inode. CNH will do its best to restore the customer files, but CNH is not responsible for the destruction, loss or alteration of Customer data or files and damages and costs resulting from these, such as the cost of re-creating the files. CNH recommends Customers to take regular backups of their website if the information is important, for example, for the business and the livelihood.
CNH is not responsible for the Customer’s information content or functionality in the Service. CHN reserves the right not to remedy the error, which is caused by the Customer's own activities, such as abuse or improper use of the Service.
CHN is not responsible for the Customer or the Customer's information systems and devices against harassment, unauthorized use, or similar activity coming from network or elsewhere. CNH is not responsible for harms or damage caused by viruses.
CNH is not responsible for any errors or malfunctions caused by force majeure or activities of third parties.
CNH reserves the right to suspend the production of the Service temporarily if this is necessary for repair, maintenance or other work. CNH strives to minimize the duration of the interruption and to inform the Customer in advance when possible.
6. Customer's responsibilities and obligations
The Customer is responsible for the use of usernames and passwords, and direct and indirect activities done by using them. The Customer shall not assign under any circumstances user IDs to a third party.
The Customer is responsible for the correctness of the information he/she has provided and is required to inform changes to the information related to the Service ordered or subscribers to CNH as soon as possible. The Customer is responsible for the costs incurred by false or altered data rectification.
CNH's Hosting Plans are intended only for website hosting. The Customer shall not use them for backup storage facility or storage repository for files as MP3, game, video, image, photograph, voice or music, or a particular distribution and / or download site for files. The maximum number of inodes is 150,000.
The Customer is responsible for licence or copyrights of the material it uses or discloses and compensations resulting from these. The Customer is responsible for ensuring that the material does not cause any disruption to network traffic, and does not infringe third party intellectual property rights, violate the law or orders of the authorities and it is not contrary to accepted principles of morality. The Customer shall not place or link to website illegal, racist, obscene or otherwise unacceptable material. The Customer uses the ordered Service and information network at own risk and is responsible for their own actions. The Customer shall indemnify CNH and its partners for all the possible consequences which are related to the Customer’s directly or indirectly subscribed Service or the Internet network. CNH has the right to remove any material that violates, or is suspected of violating the contract.
The Customer agrees to comply with the currently valid law and good manners. Misuse of the Service or using the Service for search of data security breaches, any form of disturbance of the network and other users and unauthorized acquisition of additional rights is strictly prohibited. CNH has the right to temporarily or permanently close or cancel the Service if the Customer activity proves to be contrary to existing law and morality, and it will also lead to compensation. The Customer shall not market services in violation of the law or morality, which includes at least direct marketing by e-mail, advertising in newsgroups, forums or other places where it is prohibited.
If the use of customer traffic or server resources is substantially different from the usual or according to the service description, CNH has the right to change the Service fee for the use of the corresponding price.
CNH is not responsible for any material to which the Customer can access through the Service. The Customer is obliged to read the Service and related changes notifications released by CNH, and to act accordingly. Notices may be published in CNH's website or delivered to the customer in any other way.
The customer is not entitled to resell the Service or transfer the contract or the Service to a third party, if it is not agreed upon in writing with CNH in advance.
7. Public feedback
CNH has a zero tolerance for publication of negative feedback on social media about our company and/or our employees before submitting a written complaint to discuss the matter with us. If this condition is violated, it will result in immediate account termination without any refund.
The customer pays for the Services in accordance with the valid price list, updated price list and terms & conditions are available on CNH's website. Payment is made in advance and only paid orders are processed. CNH has the right to change the price and the price structure of the Service. CNH has the right to charge interest on delayed payments, interest rate in accordance with the Interest Act, as well as a reminder fee according to valid price list.
Customer will be notified of price changes via CNH's website and in connection with a new billing cycle invoice or a separate letter or e-mail. In connection with the price increase, the Customer has the option to terminate the Service.
CNH offers a 14-day money-back guarantee on fees for web hosting services. The Customer has the right to cancel the Service at the latest fourteen (14) days after the Service has been provided. CNH will refund money back to the customer, if the customer has not previously received refund from the 14-day money-back guarantee. If the Customer has ever previously obtained a refund under the 14-day money-back guarantee, the Customer account and the Service will be canceled, but no money will be refunded to the Customer.
Changes in the Service, for example, adding new services, removing services or changing the type of hosting plan does not justify a 14-day money-back guarantee. 14-day money-back guarantee applies only to the first web hosting service.
14-day money-back guarantee does not apply to any additional items or services, this includes but not limited to Domain Registration, Domain Parking services, dedicated servers, virtual private servers and overage fees.
The agreement can be terminated in writing at least one (1) month before the start of the next contract period. In case of termination, the pre-paid Service will not be refunded to the Customer.
Both parties have the right to terminate the contract if the other party violates the agreement or its terms, and does not remedy the breach within thirty (30) days of receipt of written notice. CNH, however, has the right to terminate the contract immediately by written notice if the customer has not paid the invoice 14 days after expiry date, if the customer interferes with the maintenance and support service or use of the data network is unlawful or contrary to moral standards. CNH also has the right to terminate the contract immediately by written notice, if the production of the Service can not be continued due to external factors.
11. Other terms and conditions
The Customer agrees to keep confidential all related to this contract, the Service and its pricing details. This obligation continues even after the termination of the contract.
The Customer is responsible for ensuring that workers, contractors and other entities covered by the service comply with these terms and conditions.
The contract is governed by Finnish law. Primarily disputes are intended to be addressed through negotiations. If this is not possible, disputes will be treated in the District Court of the defendant's domicile.
CNH may assign this agreement and its properties to a third party.