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Terms of Service (TOS)

Here at Kismet Hosting we have a responsibility to protect each client and provide the best services available. The following guidelines have been established to insure this intent is met.

Kismet Hosting (”The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). From herewith in this TOS and AUP, the usage of “us”, “we”, “our”, “ours” shall constitute reference to Kismet Hosting , the usage of “you”, “your”, “they”, “them” shall refer to client / customer of Kismet Hosting.

Use of company services constitutes acceptance and agreement to the company’s AUP as well as the company’s TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Kismet Hosting and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

Disclosure : The AUP specifically prohibits the use of our service for illegal activities. The Company will only disclose subscriber information including assigned IP numbers, account history, account use, etc. to a law enforcement agent or official that provides an authentic subpoena.
IP Ownership : If we assign a Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to us, and Customer shall have no right to use that Internet Protocol address except as permitted by us at our sole discretion in connection with the Services, during the term of this Agreement. We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by us, and we reserve the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies.

Contact & Billing Information : You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are required, fax contact information is encouraged.

Domain Registrations and New Orders : You are also requesting us to register your site for you when selecting “new domain” in the order form of our site. We will use our own domain registration services to register such services for you on your behalf and ensure the correct name servers are used saving you time and money. All domain registrations are NON-REFUNDABLE.

Billing and Fees: Subsequent payments are due on the anniversary date of the month for that month’s service. Accounts not paid by due date are subject to a £5 late fee. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for non-payment is subject to £10 reconnect charge for shared clients. Service will be terminated on accounts that reach 15 days past due. If any terms or conditions are failed to be followed the account in question will be automatically deactivated. All credit card accounts are to be automatically billed on their anniversary date unless otherwise requested by the client. We are not responsible for any fees accessed on the client by their bank as a result of the client’s account being invoiced.

Disputes and Failure to Pay: All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Kismet Hosting’s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay an “Administrative Fee” of not less than £50 and not more than £150. The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

14 Day Guarantee : All shared accounts are entitled to an unconditional 14 day money back guarantee. This guarantee begins the day we send out your accounts login details. If you wish to cancel your account and receive a full refund within 14 days of the date you signed up, please contact us through our Contact Form (in the contact section) or by Emailing our billing department. This 14 days does not include extra services you contract us to process such as add-ons, name servers, programming work, or web designing.

Refunds : Domain name registrations are non-refundable. Refunds or returns are for credit only unless you qualify for the 14 day guarantee. We will process and apply credits or refunds within 14 days of submission. Refunds for annual plans will be treated as monthly terms. The annual account rate will be adjusted to the monthly rate, past and current usage deducted at that rate, and the remainder returned.

Cancellation : All cancellations must be sent using the contact form in the contact section or by Emailing our billing department, please include your domain name you used to sign up as well as your cPanel username and password. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable unless you’re canceling within the 14 day guarantee period. This does not include any added support or service fees you have contracted us to provide. You are obligated to pay for your account even if you do not use it. Because we have provisioned services and provided you with details you have the ability to use your account. An unused account still uses system resources that could be used for other customers. If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 14 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. We apply a £20.00 collection fee to cover our costs in attempting to collect your debt. If our internal collection efforts fail, we reserve the right to turn the account over to a 3rd-party (either collections agency or attorney) for further action.

We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices may affect your credit rating. If client disputes justified charges by provider on his credit card (chargeback), provider has the right to charge a £25 administration fee in addition to late fees and immediately discontinue service. We do not offer refunds for services after the initial fourteen (14) days of service.
SLA and Credit for uptime : All users are subject to the terms of this TOS (terms of service), our AUP (acceptable use policy), and our SLA (service level agreement).

Liability and Warranty : We are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. Kismet Hosting, denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us. The client 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, client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. You further acknowledge that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Refusal of Service : We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Modifications : These terms may be modified at any time with notice. All users are always subject to the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of service and other policies at all time. It is our responsibility to provide these policies in a ready and readable form. We will, when possible, elect to notify clients of updates or changes to our policies in various mediums available including but not limited to; email, forums, ticket systems, and chats.

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