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1) Data

We, at HostCircle (HC), will take immense care and give our fullest effort to safeguard the data stored in hard drives, network storage, back-up space and any other storage media related to HostCircle. We are also 100% GDPR compliant, as per European regulations.
When deploying the services related to data integrity, data security, data transmission and data retention, HC agrees to use the best practices that are commercially reasonable. HostCircle will not hold responsible for any loss due to loss of data.
The customer is ultimately responsible for the data integrity, data security, back-up and ownership of data; and any loss that may arise due to loss of data.The customer has to keep his passwords, scripts and other softwares free from security bugs.

2) Charges

The customer will pay for all the services offered by HC including, but not limited to, any current, state and local taxes, use of Value Added Services, import/export, excise duty, service tax, and any other tax associated with the service. All payment must be pre-approved by HC and must be made via electronic means. HC has rights to charge the customer for bandwidth over usage, late fees and any such penalty. The customer will be charged a late payment fine of €20 and customer account reactivation of €45. The customer is required to pay the fees without delay, refusing thereof, HostCircle has rights to collect it by using the service of a collection agent/attorney. The customer is also liable to pay the charges incurred by HostCircle due to involvement of the enforcing agent.

3) Payment

The customer agrees to pay the first term fees (billed monthly, quarterly, semi-annually, annually or biennially) for the service in advance including the set-up fees (if any). Only after the completion of payment of the first term fees, HC will commence the required service.

4) Cancellation Notice and Refunds

The Customer agrees that the payment gateway fees and one-time setup fees will be refunded.

All cancellation must be informed to HC via e-mail/support ticket/telephone/fax/hand-written document at least 7 days prior to the next billing cycle. Failing to do so, HC assumes renewal of the contract agreed previously.If no payment is received within 72hrs of the due date, the server will be taken offline and all data will be removed. HostCircle holds no responsibility for the loss of data. HC will also forward your details to relevant collection agency to recover the money owed since the cancellation has not been made before 7 days of the renewal date.

If the customer chooses to cancel the product/service within the specified contract period, for example cancelling a biennially paid server after 16 months of usage, HC will not refund any prepaid amount to the customer. If the customer owes any payment as per contract, the customer is expected to pay till the end of the official contract end date.

If the customer chooses to cancel the service because of issue with the hardware, HC might accept it. Under no circumstances, issue with installing software, incompatibility with OS and/or software and not being able to use the server due to any silly reasons will be entertained. In these cases, refund will not be issued for the month. If the payment is annual/biennial, the refund will be issued only for the remainder of the time period, excluding the payment gateway charges (and other Setup-Fees, if any).

We can issue refunds for rare cases in which we cannot procure the hardware or the hardware has failed to work. Only under this circumstance will a complete refund be issued (including setup fee and payment gateway fees). In these cases, the Client agrees to wait for 20 calendar days in order for the refund to be reflected in his account. This is because in most cases the banks take minimum 10 working days to refund. (This doesn't include bank holidays and weekends.)

5) Customer's Information

All customer information are stored securely in HC servers and will not be shared/sold/rented to any third-party agencies. The customer is responsible for providing a valid email id and contact address, failing to do so will result in immediate termination of service. The customer is also responsible for providing the primary contact email id which is not under the domain used in the hosting account. The customer is also responsible for regularly checking the email notifications by HC. In services involving risk, the customer shall be liable to provide a copy of a valid government issued identification and scanned copy of the credit card used for the payment.

6) Termination of Account

HC has the rights to terminate any account on any abuse of service provided by HC and/or violation of Acceptable User Policy (AUP). The customers are required to read the AUP carefully.

7) Refund policy

The customer shall claim refund using the 30-day money back guarantee offered by HC, before the offer period ends. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
Bank Wire Transfers, Western Union Payments.
The set-up fees, one-time fees, late payment fees, additional service fees, value added services and other such fees are not refundable whatsoever.

8) Disputes

The customer is encouraged and requested to open a support ticket with the billing department for any billing errors. Failing to do so, HC shall not accept any claims by the customer by any other means.
We will not entertain any customers to take any issues to any public places. We allow our clients to post review about our service (positive or negative) in any public (such as forums). But we strictly prohibit our clients from posting sensitive information, ticket replies and other details. Doing so we are entitled to take legal action against the offending customer.

9) Commercial Advertising - Email

Spamming, or the sending of unsolicited email, from a HostCircle Web Hosting server or using an email address that is maintained on a HostCircle Web Hosting machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them. HostCircle Web Hosting will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 5000 pieces per DAY and no more than 20 pieces per minute. Many times we have seen sites push over 1000 emails in one hit, causing extreme server loads and/or preventing other people from accessing the services provided. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST. Sites with large mailing databases, need to be placed on dedicated server or VPS platform.

10) Changes to TOS

HC has rights to add, delete or modify the terms given in this agreement. It is the customer's responsibility to check for changes time-to-time.

11) COVID-impacted Delivery Timelines

HC does its best when it comes to delivering servers or services quickly. But owing to global chip shortage and ongonig COVID crisis, sometimes the privisioning times may be extended. The customer is requested to wait patiently in case of such an unfortunate delay in provisioning. HC also hereby assures that the billing date will commence only when the service commences (in case of Bare Metal Servers only).

- Management, HostCircle BV

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