Important Legal Agreements
This Agreement (the “Agreement”) is made by and between BESTWEST COMPANY OÜ (“Bestwesthost” or “we”) and Customer (also referred to as “you”) and is effective as of the date that you confirm your acceptance by clicking the “Order Now” button on at (the “Website”) or via digital signature (the “Effective Date.”) BESTWEST COMPANY OÜ and Customer are collectively referred to as “Parties” and individually as a “Party”.
BESTWEST COMPANY OÜ provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of BESTWEST COMPANY OÜ are subject to the following terms of service:
You agree to use all BESTWEST COMPANY OÜ services and facilities at your own risk. BESTWEST COMPANY OÜ specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall BESTWEST COMPANY OÜ be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold BESTWEST COMPANY OÜ harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against BESTWEST COMPANY OÜ, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BESTWEST COMPANY OÜ against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with BESTWEST COMPANY OÜ's server.
BESTWEST COMPANY OÜ reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from BESTWEST COMPANY OÜ's server. BESTWEST COMPANY OÜ shall be the sole judge of what violates this Policy.
Your account will be set up as soon as we receive payment and our payment partners have screened the order in case of fraud. Providing false contact information will result in discontinuation of services.
The Instructing Party must pay invoices issued by BESTWEST COMPANY OÜ within the term mentioned on the invoice in question. In the event that no deadline for payment is mentioned on an invoice, a term of thirty (30) days will be applicable. If the Instructing Party fails to pay any invoice issued by BESTWEST COMPANY OÜ within the deadline for payment, the Instructing Party will automatically be considered in breach of the agreement, without advance notice. In that event, BESTWEST COMPANY OÜ has the right to claim interests by right, in accordance with article 6:119 of the Civil Code, or compensation of loss caused by delay in accordance with article 6:119a of the Civil Code, at a per month rate or for part of the month and to be calculated in accordance with the amount of the unpaid invoice. If, after the notice of default, the Instructing Party remains indebted of the owed sum augmented by the interest by right as provided for by article 6:119 of the Civil Code or the surcharge for loss caused by delay as provided for by article 6:119a of the Civil Code, BESTWEST COMPANY OÜ has the right to pass on the claim. On top of the main sum with the additional late payment interest by law (as provided for by article 6:119 of the Civil Code) or the surcharge for loss caused by delay (as provided for by article 6:119a of the Civil Code), the Instructing Party will then also be liable to cover all extra-judicial and possible judicial costs, explicitly in addition to the possible costs established by right. These costs will amount to at least 25% of the main sum.
Any account not paid in full 24 hours after the due date will be suspended and late fees applied. You must pay these late fees before you can reactivate your services or have services with us again. Any account that has unpaid invoices that are more than 5 days outstanding may be terminated at any time without notice. Before BESTWEST COMPANY OÜ will terminate any account for lack of payment. BESTWEST COMPANY OÜ will send no less than 2 payment request emails to the account holder. BESTWEST COMPANY OÜ will treat all files and data of terminated accounts exactly as outlined in the above clause
You agree to pay BESTWEST COMPANY OÜ, in advance of the time period during which services are provided. You agree that until and unless you cancel your recurring payments to BESTWEST COMPANY OÜ, those services will be billed on a recurring basis and the monies used for those services.If you cancel all of our services within the 7 day grace period you will receive your full payment back minus set up fees.(no set up fee if not listed).
All cancellations require a 30 day notice, failure to do so could result in penalties.Cancellations must be done in client area via the https://bestwest.host/clientarea.php Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately. Autorenewal, Unless otherwise provided, you agree that until and unless you notify BESTWEST COMPANY OÜ of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us..
On the Service Commencement Date for each Service, Customer will be billed an initial amount equal to all non-recurring charges (Setup Fee if any) and the monthly, quarterly, semi-annual or annual Fee. Subsequent recurring charges will be billed in advance 1 day earlier of the Service anniversary based in its term. Customers that use Credit Card (Visa, MasterCard) and PayPal agree to automatic recurring charges. All other charges for Services received and expenses incurred for Supplemental or Professional Services during the period (e.g., Paid Support) will either be billed immediately or within the period in which the Services were provided. Bandwidth overage billing is calculated and invoiced on the last day of the month independently from the related Service
Recurring charges for Services will be invoiced in advance on a monthly, quarterly, semi-annual, annual, or bi-annual basis, as provided in the Order, and will be payable before the first day of the service term. Non-recurring and usage-based charges will be invoiced in arrears as specified in the Order. For your convenience your BESTWEST COMPANY OÜ account will auto rebill on a monthly, annually or tri-annual basis, (depending on which billing cycle you have selected at time of purchase). If you do not want your account to auto rebill, you must notify us at least 2 calendar days (48 hours) before the date that the re-billing is due to take place. Failure on your part to notify us of your desire not to be rebilled, will result in your account being rebilled and you agree to hold harmless and indemnify BESTWEST COMPANY OÜ from any and all claims of wrongful billing.
Your payment obligations will survive termination of this Agreement and any applicable Order. You may terminate an Order without any early termination penalty once you have paid the recurring charges for at least one half of the term of the Order, plus any non-recurring or usage-based charges.
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).The service will be billed in 30 day intervals (including your base fee and percentage of goods fee). When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the account page of your client console. Users have approximately two days to bring up and settle any issues with the billing
Customer shall remit all account balance additions by wire transfer, credit card, PayPal or other payment mechanism accepted by BESTWEST COMPANY OÜ . The processing of Customer credit card payments may be denied or discontinued by BESTWEST COMPANY OÜ, at any time, in its sole discretion. Customer is responsible for all charges incurred on his/her/its account. This responsibility includes charges resulting from the use, misuse, or abuse of the Service by third parties accessing the Services through Customer’s account, whether or not the unauthorized access is a result of Customer’s failure properly to secure the account or to maintain the secrecy of account login information.
We accept Visa, Master Card, American Express, Discover Card. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
Unless otherwise stated in the Service Order or any applicable rate schedule on the Website, all applicable European Union (“EU”), national, state or local value added, use, sales, commercial, gross receipts, or other similar taxes, license fees and surcharges (each, a “Tax”), whether charged to or against BESTWEST COMPANY OÜ, will be billed separately to and payable by Customer. Customer will not withhold any taxes from any amounts due to BESTWEST COMPANY OÜ. If Customer claims that it should not have to pay one or more Taxes, it shall provide BESTWEST COMPANY OÜ with a copy of the applicable tax exemption certificate(s). Any billing dispute or request for a billing adjustment must be made in writing within 7 days of the invoice date. Any such request must include detailed documentation to establish the basis for any adjustment. The parties shall negotiate in good faith to resolve the dispute. If the dispute is subsequently resolved in Customer’s favor, then any resulting amounts due to Customer shall be deposited to Customer’s account or applied as a credit against a subsequent Customer invoice. If Customer has not breached any terms of this Agreement, such Customer is eligible to request BESTWEST COMPANY OÜ to issue a refund for an Order within first 7 days after such Order was placed. BESTWEST COMPANY OÜ commits to refund such Order within seven (7) days for an amount received in Euros, less any amount for set-up fees, non-standard servers or server components provided under a special Customer request or third party licenses. If Customer operates in different currency than Euros, the refunded amount will be converted to different currency with regard to the currency exchange rate of the day when such refund is issued.
Responsibilities of the User
As a Hosting Service Provider under the terms of article 6-I-2 of International Law no. 2004-575 dated June 21 2004, the User is responsible for the correct fulfillment of its contractual obligations. The User is responsible for the correct use of the Services and undertakes to protect BESTWEST COMPANY OÜ from any action or claim instituted by a third party attributable to its actions, notably on the Internet network.The User is solely responsible for any direct or indirect material or immaterial damages caused to BESTWEST COMPANY OÜ by the User or by persons it is responsible for and attributable to the use of the Services; it undertakes to protect BESTWEST COMPANY OÜ from any requests, claims, or sentencing that BESTWEST COMPANY OÜ may receive, in so far as they are caused by the incorrect use of the Services by the User or by persons it is responsible for.The User undertakes to avoid misuse of the Server and the Services made available to it. The User shall be solely responsible for the consequences of any malfunction of the Services resulting from any use of services by third parties, members of its staff, or any person to whom the User has provided its login and password. Occasionally,BESTWEST COMPANY OÜ is required by law to submit customer information to law enforcement officials when presented with a valid report from a court with proper jurisdiction. Information requested is disclosed as directed pursuant to the subpoena. BESTWEST COMPANY OÜ utilizes great care in keeping customer information safe and private and will only release information described in the subpoena. BESTWEST COMPANY OÜ will notify customer of the information request if allowed by the subpoena.
Each server or network is under monitoring 24/7 by Datacenter Network department with Special IDS software and hardware , which detect any potential Violations of server usage. BESTWEST COMPANY OÜ has the right, but not the duty, to review and monitor all content submitted for or included on the servers, and in its sole discretion to remove any content that BESTWEST COMPANY OÜ finds objectionable for any reason, without prior notice to Customer. The following violations are considered a breach of our General Terms and Acceptable use Policy and will result in suspension or cancellation of services and any fees paid in advance of such suspension or cancellation are non-refundable.
- SPAM / Unsolicited Commercial Email (UCE) / Unsolicited Bulk Email (UBE)
- Illegal Activities
- Forgery or Impersonation
- Fraud/Fraudulent Activity
- Unauthorized Access ( Cracking/Hacking)
- Infringement on Intellectual Property Rights
- Distribution of Unwanted Software
- Harm to Minors / Child Pornography
All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.
Acceptable Use Policy
BESTWEST COMPANY OÜ may terminate this Agreement, any Service, or both, immediately if Customer fails to make payment of any amount due under this Agreement within 3 days of the due date or due abuse violates .
Customer acknowledges that in the event of termination of this Agreement or any applicable Service Order, BESTWEST COMPANY OÜ has no obligation to continue to provide Services to Customer. Customer further agrees that it will immediately effect an immediate transition of Services to another provider.
You shall, and shall ensure that your End Users, use a Service only for lawful purposes and in a lawful manner, and subject to the express prohibitions set forth in this section. You are expressly prohibited from using any Service in a manner that would or in BESTWEST COMPANY OÜ reasonable judgment may constitute or encourage conduct that is criminal in nature, give rise to civil liability for you or us, violate any applicable laws or regulations (including those related to the intellectual property rights of third parties), enable you to avoid any obligation to pay for the Service, interfere with, disrupt, access without permission or present a risk to a Service or to the network or equipment of BESTWEST COMPANY OÜ, its customers, its interconnected providers, or other third parties, violate this Agreement or the policies of BESTWEST COMPANY OÜ,gain unauthorized access to, or otherwise violate the security of BESTWEST COMPANY OÜ (or another party's) network, servers, computers, network control devices, software or data, or other part of a computer system or network, or constitute an abusive or fraudulent use. Specific conduct that is prohibited under this policy includes, but is not limited to, spamming, sending unsolicited commercial email, hacking, dissemination of child pornography or any other activity harmful to minors or deliberately offensive material, including any message or information that is or may be threatening, libelous, obscene, or harassing. You shall be responsible for any liabilities or obligations arising from your or your End Users’ use of a Service in violation of this section. We shall have the right to block or suspend the Service without notice to you or any liability for us in the event we reasonably determine that you or your End Users are using the Service in a manner that violates or is contrary to this section, or your network or your server space leased from are subject to a distributed denial of service (DDOS) attack or other type of attack that interferes with Services provided to other customers. If your or your end users’ actions have caused the BESTWEST COMPANY OÜ mail servers or IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, you will be assessed a 200 EURO administrative charge and fees of 200 EURO per hour for employee time incurred to contact list holders, remove any blocks and protect our mail servers and IP ranges.
All services provided by BESTWEST COMPANY OÜ may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless BESTWEST COMPANY OÜ and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all BESTWEST COMPANY OÜ servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber 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, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Limitation of Liability
BESTWEST COMPANY OÜ shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from BESTWEST COMPANY OÜ servers going off-line or being unavailable for any reason whatsoever. Furthermore, BESTWEST COMPANY OÜ shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of BESTWEST COMPANY OÜ servers. All damages shall be limited to the immediate termination of service.
BESTWEST COMPANY OÜ warrants that it will perform services with reasonable skill and care and in a workmanlike manner and will use reasonable efforts to restore services in the case of failure. BESTWEST COMPANY OÜ makes no other warranty or guarantee relating to the services, express or implied, under this agreement or otherwise, and BESTWEST COMPANY OÜ expressly disclaims all other warranties or conditions relating to the services, express or implied, including, but not limited to any implied warranties or conditions of merchantability, satisfactory quality, and/or fitness for a particular purpose. Customer’s sole remedy for failure of a service is the credits set forth in the service level agreement at https://bestwest.host/sla-agreement.php
BESTWEST COMPANY OÜ cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by BESTWEST COMPANY OÜ are resold. Thus, certain equipment, routing, software, and programming used by BESTWEST COMPANY OÜ are not directly owned or written by BESTWEST COMPANY OÜ. Moreover, BESTWEST COMPANY OÜ holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as BESTWEST COMPANY OÜ sees fit. FURTHERMORE, BESTWEST COMPANY OÜ retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.