TERMS AND CONDITIONS

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:

Eligibility & Registration

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.

  1. We WILL NOT ISSUE A REFUND IF YOU HAVE BROKEN THE SEAL OF THE PRODUCT
  2. All products are sold “as is” . You assume the responsibility for your purchase, and no refunds will be issued if you dont know how to use them or manage.
  3. If you are not 100% satisfied with your purchase, you may contact us within 7 days from the purchase date and we will provide a credit refund of your purchase to your account.
  4. We WILL NOT ISSUE A REFUND in abuse case.
  5. We WILL NOT ISSUE A REFUND If a customer deliberately provided false fake information of their account.

Billing & Service delivery ETA

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, be suspended . 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

BESTWEST COMPANY OU has been in business since 2017. BESTWEST COMPANY is passionate! We believe in and love what we do. We are driven to make the Dedicated server experience better by blending the core intrinsic needs of the market with industry trends. Our roadmap has a beginning, but no end and were devoted to expanding our offerings relentlessly. BESTWEST COMPANY specialize is a wide range of dedicated server. We will help keep your business online.Secure Data centers around the whole World.Our pre-configured dedicated Bare Metal servers are deployed automatically within minutes Default server setup time is 24-48h .As soon as your order is placed, our system will setup your account in less than 60 seconds. You will be emailed just a few seconds after with the server details, but only if servers are in stock. BESTWEST COMPANY OU is focus on quality hosting services ! Other companies do not offer many of the things we do. Companies that offer very cheap plans fail in the first two years, and sometimes you don’t even get a chance to get your data before they’re gone. We’re not overselling and are actively investing nearly all profits back into our infrastructure. This is why our prices might be slightly higher than those offered by others. However, you can be sure that you will receive top quality service and unmatched support. Emergency Technical Support,Website Design,Business Consulting , Dedicated server hosting , dell gpu rack server, GPU hosting.

Recurring charges & Fees

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 10 day notice.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

Payments and Billing – 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.

  1. SPAM / Unsolicited Commercial Email (UCE) / Unsolicited Bulk Email (UBE)
  2. Illegal Activities : Threats,Fraud/Fraudulent Activity,Unauthorized Access ( Cracking/Hacking).
  3. Infringement on Intellectual Property Rights DMCA
  4. Harm to Minors / Child Pornography.Distribution of Unwanted Software
  5. Network Abuse e.g DDOS attack Scam pages, Phishing

Late Payments and Fees 

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. The parties agree that any fees and/or expenses comprising the Charges payable pursuant to this Agreement shall be reviewed annually by Supplier and may be increased by Supplier with effect from 1 January in each year following the first anniversary of this Agreement, and Supplier shall notify Customer of such increase at least 30 days prior to the effective date of increase.

Where sums due hereunder are not paid in full by the due date, Supplier may, without limiting its other rights, charge simple interest on  such sums in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 at the rate of 8% per annum above the Europe Bank base rate which is current at the date the payment became overdue, accruing on a daily basis from the due date for payment until the date of actual payment.   If Customer wishes to dispute all or part of any invoice raised by Supplier, Customer shall notify Supplier in writing within 30 days of receipt of the invoice or, if later, within 14 days of the date on which Customer becomes aware, or ought reasonably to have been aware, of the circumstances giving rise to the dispute, such notification to include details of Customer’s grounds for disputing the invoice. If Customer fails to notify Supplier in accordance time in respect of an invoice, Customer shall be precluded from challenging or disputing such invoice whether in whole or in part.