1. THE SUBJECT
1.1 | The following terms and conditions of service apply to all business relationships between the Client and Internet Hosting Services represented by mojVPS Hosting (hereinafter referred to as the Company or mojVPS Hosting).
1.2 | Dissenting, conflicting or additional customer terms of service, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.
1.3 | mojVPS Hosting hereby undertakes to give the Client the right to use chosen services, upon ordering and upon payment of a fixed fee by the Client.
1.4 | The Services are not targeted towards, nor intended for use by, anyone under the age of 16. By using the Services, you represent and warrant that you are 16 years of age or older.
2. TERMS OF PAYMENT AND BILLING
2.1 | The service fee is indicated in the pro-forma invoice prepared for the Client. The service is paid in advance for the agreed time period.
2.2 | Client must pay to mojVPS Hosting no later than the time limit set for payment in pro-forma invoice. In the event of non-payment mojVPS Hosting has the right to apply an additional charge for the reanimation of the service.
2.3 | Service parameters are specified on the mojVPS Hosting website.
2.4 | mojVPS Hosting reserves the right to change rates, informing the Client thereof no later than 1 (one) month before the next billing period.
2.5 | Client agrees to receive notices and invoices by email.
2.6 | mojVPS Hosting has no-refund policy and Client is responsible for his money.
2.7 | Refund is only given if mojVPS Hosting cannot deliver ordered service, and/or process Client's order.
3. RIGHTS AND RESPONSIBILITIES
3.1 | mojVPS Hosting undertakes:
3.1.1 | If not otherwise stated, not later than within 5 (five) business days from the date of Terms of service 2.2 article fulfilment to give the Client the right to use ordered services for a paid period or if the service is not directly provided by mojVPS Hosting process order.
3.1.2 | Not later than within 10 (ten) calendar days before the expiration of the service, send the Client generated pro-forma invoice for the renewal of the service.
3.1.3 | Not later than within 3 (three) calendar day to remedy services malfunctions due to the failure of the node hardware or software from mojVPS Hosting side.
3.1.4 | Take the necessary steps to ensure the security of hardware.
3.1.5 | mojVPS Hosting has the right to turn off the Client’s service without prior notice, if the Distributed Denial of Service (DDoS) attack is directed to the service or the operation of the service causes interruptions on mojVPS Hosting technical platform.
3.2 | Client undertakes:
3.2.1 | Submit the correct Client identification and contact information and inform about its changes in a timely manner. At the request of the principal, provide proof of the certainty of the information provided.
3.2.2 | Securely store mojVPS Hosting provided login details.
3.2.3 | Ensure that the service provided to the Client will not be used directly or indirectly for unauthorized activity, including, but not limited to, mass mail sending, damage to computer systems, network operations or security, as well as in violation of applicable legal acts of the Germany, the rights of mojVPS Hosting and third parties.
3.2.4 | Ensure that port mapping services such as rpcbind, portmap, nfs-utils will not be used.
3.2.5 | Immediately inform mojVPS Hosting about service disruptions.
3.2.6 | Accept resource usage data provided by mojVPS Hosting and pay for used resources in accordance with pro-forma invoice generated for the Client.
3.2.7 | To hire competent Linux system administrator to permanently maintain a rental server, provide timely software updates and security, or perform it on their own.
4.1 | mojVPS Hosting is responsible for cases where article 3.1 of Terms of service has not been complied with if such cases arose due to the fault of mojVPS Hosting.
4.2 | mojVPS Hosting is not responsible for storing the Client’s information after termination of the service.
4.3 | Client assumes full responsibility in the event of disputes over the validity of the use of server resources provided to him.
4.4 | Neither party is liable for any indirect damage to the other party of the contract.
5. CONTRACT DURATION
5.1 | The Contract is valid for an indefinite period, effective from the moment when the Client submits an order according to Article 1.1 of Terms of service and fulfils its obligation according to Article 2.2.
5.2 | The Contract shall be terminated upon the failure of the Client to fulfil at least one of the obligations assumed by this Terms of service.
5.3 | The Client has the right to terminate the contract on end of billing period.
6. PAYPAL BILLING AGREEMENTS
6.1 | Pre-approved Payments (also known as Automatic Payments).
By providing an advance Authorisation for Pre-approved Payments, you:
* give the third party the ability to collect or reverse fixed or variable amount payments from your Account on a one-time basis, or on a (sporadically or periodically) recurring basis (as further specified in the applicable billing agreement – the document that you agree to when giving the Authorisation) until you cancel your Authorisation or underlying arrangement with the applicable third party;
* hereby authorise and instruct PayPal to pay the third party (or another person they direct) from your PayPal Account amounts you owe as presented to us by the third party. This makes the recipient a trusted beneficiary of all your payments made under that Authorisation, so we will not ask you to log in or approve the payments when they are made. You agree that PayPal is not obligated to verify or confirm the amount the third party presents to us for the purpose of processing this type of payment. You further acknowledge and agree that payments made under this provision are variable and may be made on various dates.
If you use the PayPal Location Based Payments Functionality to make a Pre-approved Payment to another User (typically a merchant) who accepts payments through the PayPal Location Based Payments Functionality, you may Authorise that User by selecting the User in the PayPal Location Based Payments Functionality. When you Authorise such a User, we may restrict the total amount that the Authorised User can request from your Account within a specific time period, as we may determine at our own discretion.
If your Pre-approved Payment requires a currency conversion by us, the amount of the Currency Conversion Fee (per Schedule 1) will be determined at the time the applicable third party processes your payment and completes the transaction. You acknowledge that the exchange rate determined at the time of each payment transaction will differ and you agree to the future execution of Pre-approved Payments being based on fluctuating exchange rates.
Prospective Payment Recipients acting under the above Authorisations who present us with a payment request under this provision hereby:
* warrant to PayPal that the amounts they present have been agreed and consented to by the User whose Account will be deducted (including changes to those amounts) and that they will give prior notice of the deduction to the payer;
* agree that they will notify the payer at least 2 weeks in advance of the amount they will collect if that amount has increased in such a manner that the payer could not have reasonably expected to pay such an amount, taking into account the payer’s previous spending patterns and the circumstances of the payment and that they will be liable to PayPal for any refunds of such payment in accordance with the terms of this User Agreement.
You agree that you cannot request a refund from PayPal for a Pre-approved Payment unless:
a. the Authorisation did not specify the exact amount of the payment transaction when the Authorisation was given and the applicable amount exceeded the amount you could have reasonably been expected to pay, taking into account your previous spending patterns and the circumstances of the case;
b. your consent to the making of the third party initiated payment was not given as set out in section 6.1(e);
c. the information relating to the third party initiated payment was not provided or made available to you for at least 1 weeks before the date the payment transaction was made to the merchant;
d. you comply with our requests to obtain information which we reasonably require to review the circumstances of the case. We reserve the right to request further information as is reasonably necessary to ascertain whether the above conditions have been satisfied and to waive any or all of the above conditions.
6.2 | Cancelling Pre-approved Payments.
You may cancel a Pre-approved Payment at any time up to 1 Business Day prior to the date the payment is scheduled to be made. You may cancel a Pre-approved Payment by logging in to your Account, accessing the “Settings” tab, then, in the “Payment settings” section, clicking on “Preapproved Payments” and following the instructions to cancel the payment. In addition, if you cancel a Pre-approved Payment you may still be liable to the merchant for the payment and be required to pay the merchant through alternative means.
When you use the PayPal Location Based Payments Functionality to give an Authorisation for a Pre-approved Payment to a User (typically a merchant) who accepts payments through the PayPal Location Based Payments Functionality, you may only cancel the Authorisation by following the steps to cancel your selection of the User in the PayPal Location Based Payments Functionality.
6.3 | Sending E-money in Multiple Currencies.
You may Send Money in U.S. Dollars, Canadian Dollars, Euros, Pounds Sterling, Yen, Australian Dollars, Brazilian Real, Croatian Kuna, Czech Koruna, Danish Krone, Hong Kong Dollar, Hungarian Forint, Israeli New Shekels, Mexican Peso, New Zealand Dollar, Norwegian Krone, Philippine Peso, Polish Zloty, Singapore Dollar, Swedish Krona, Swiss Franc, Thai Baht and Taiwan New Dollar. There may be some restrictions with regard to where you can send certain currencies. When you are sending money to a merchant who has requested a currency that is different than the primary currency of your Account, you will need to specify whether you want to pay the merchant in the merchant’s requested currency, or in your primary currency (in some cases, the merchant may not give you a choice). If you send E-money in a currency that is not your primary currency, we follow these practices:
a. If you have a Balance in the requested currency, we will fund your transaction from your Balance.
b. If you have a Balance in a different currency, we will perform a currency conversion and use the converted Balance to fund your transaction.
c. If you do not have a Balance, we will fund your transaction through your Default Funding Sources.
7. TORTUOUS CONDUCT
7.1 | Any abuse towards any mojVPS Hosting employee will not be tolerated. Client is expected to request and respond to support and other issues in a professional manner, when emailing, calling or submitting online tickets to mojVPS Hosting. Any cursing, yelling, or further intentional disruptive behavior aimed at mojVPS Hosting or its employees shall be considered a violation of this Terms of Service agreement.
7.2 | Any threat; whether orally, verbally, in written, via E-mail, via Live Chat, delivered by second parties or delivered in any other way, and directed towards mojVPS Hosting or any of mojVPS Hosting’s employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service agreement. Threats of physical violence will be directed to the proper authorities.
7.3 | No refunds shall be given when the above Tortuous Conduct clause is violation and necessitates the termination of an account or services.
8. CHARGEBACKS AND PAYMENT DISPUTES
8.1 | Under this Terms of Service agreement Client must first contact mojVPS Hosting to attempt to resolve any billing disputes before contacting his bank or credit card company to dispute the charges. Client further agrees that any billing disputes must be submitted in writing to our sales department within one month of the invoice payment in question.
8.2 | By using our services Client agrees to the above policy and to contact mojVPS Hosting before contacting his financial institution to seek a resolution.
8.3 | In the event Client dispute charges contrary to this agreement, mojVPS Hosting reserves the right to refer Clients account or sell his debt (plus any applicable fees) to a third party collection agency. mojVPS Hosting also reserve the right to take further legal action against Client.
9. MISCELLANEOUS PROVISIONS
9.1 | Our offers are subject to change. We reserve the right to make technical and other changes within reason.
9.2 | Matters not covered by provisions in the contract and contested issues are to resolved by mutual agreement or in accordance with the applicable legislation of Germany.
9.3 | All disputes that can not be resolved by mutual agreement are to be resolved in accordance with the procedures established by the laws in Germany.
Revision date: 01-10-2018