Terms of Service

By using EUROHAS's service, Customer hereby agrees to EUROHAS's Terms of Service (TOS), No Spam Policy (NSP), and Privacy Policy. 

Unless otherwise specified, the usage of "us", "we", "our", and "ours" shall refer to EUROHAS, and all its parents, subsidiaries, successors, and assigns. The usage of "you", "your", "they", and "them" shall refer to the Customer of EUROHAS.
Moreover, "EUROHAS" shall refer to EUROHAS, and all its parents, subsidiaries, successors, and assigns; unless otherwise specified. 


Customer agrees that it shall comply with this TOS, and EUROHAS's No-Spam Policy (NSP). Customer further agrees that it has read EUROHAS's Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word "Agreement," with a capital "A," refers to the TOS, the NSP, and the Privacy Policy collectively.

 

Customer agrees that signing up on any EUROHAS product/service and order form completion represents the electronic signing of the Terms of Service (TOS), Acceptable Use Policy (AUP), No Spam Policy (NSP), and Privacy Policy.

 

In consideration of services to be delivered, Customer agrees to be bound by the following terms and conditions:

General Terms.

Customer agrees to pay, in advance of each monthly service term, for services to be rendered. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order EUROHAS's service for a certain minimum period of time. 

Refund requests for shared, reseller and VPS accounts are limited to the initial 15 Day period as per our money back guarantee. Setup fees, addon fees and other service fees are non-refundable. Customers agree to pay all taxes applicable to your account. 

Non-Payment of services shall result in a 2-day notice of disconnection. All payment failures must be cured within 5 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 14 days. EUROHAS is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer's failure to pay for EUROHAS's services. 

By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that EUROHAS has your most current e-mail address, and EUROHAS shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that EUROHAS sends to the most current e-mail address you have provided to EUROHAS.

Agreement for Services.

EUROHAS will provide, and Customer will purchase and pay for, the services (the "Services"), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.

Payment.

EUROHAS contracts with 2checkout.com Services for Credit Card Transactions, 2checkout.com is certified reseller of EUROHAS's products and services and customer must apply Terms of Service and chargeback policies of 2checkout.com.

Establishment and provision of service is contingent upon receipt of payment from Customer to EUROHAS. Customer must pay in full for the Services before EUROHAS begins to provide the Services to Customer. Setup fees will be charged and are due at the time of the Customer's initial request of the Services requiring setup. 

When signing up for an account with EUROHAS, customer agrees to pay for the period of one month (30 days) by default, or for the period mentioned on the order form. EUROHAS grants customers with 24 hours over the official payment period. In case that the payment has not been received or marked as unauthorized, the account will be suspended or terminated.

Customer agree that if paying by credit card for the recurring products/services, recurring billing will be billed and charged automatically on the date the invoice is generated.

 

Service will be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by EUROHAS will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to EUROHAS a "Processing and Collection" Fee of not less than Fifty ($50.00) Dollars. Any dispute to a credit card charge aka chargeback, wrongful or intentional, will result in a $50 administrative fee in addition to the disputed charge before service can be restored.

EUROHAS may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which EUROHAS may be entitled under this Agreement or under applicable law.

Cancellation.

Customers may voluntarily cancel their account at any time, for any reason or for no reason, by requesting "Cancellation of the Order", which is provided on the EUROHAS Web site through the My Account page. Paypal paying customers cancelling their paypal subscription payment does not warrant cancellation of service. All cancellations must go through the "Request Cancellation" request from the My Account page. 

Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees. 

Customer understands and agrees that EUROHAS does not provide pro-rated or any other kinds of refunds on cancellations if the cancellation is made after the applicable date of refund.

Refunds and Disputes.

IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION, ALL PAYMENTS TO EUROHAS ARE NONREFUNDABLE.

All payments to EUROHAS are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within seven (7) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in EUROHAS's sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service. Any dispute to a credit card charge aka chargeback, wrongful or intentional, will result in a $50 administrative fee in addition to the disputed charge before service can be restored.

Without waiving any of its other rights under this Agreement, EUROHAS offers to its Customers a 15 Day money-back guarantee on fees for services where there is mentioned only (the "15 Day Guarantee"). If for any reason you cancel your account by requesting in the account "Request Cancellation" and sending the refund request email with cancelled order number to EUROHAS, within 15 (fifteen) days of the beginning of your service, EUROHAS will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 15 Day Guarantee. If you have ever previously obtained a refund under the 15 Day Guarantee, your account will be canceled, but no money will be refunded to you. 

Please note that the amount refunded to you will be the amount you paid for the service only, and will not include any of the following fees: 
  • Setup fees,
  • Fees for domain name registrations,
  • Fees charged for exceeding your allotted disk storage space or bandwidth,
  • Different SSL certificate fees,
  • Administrative or support fees,
  • Web site marketing fees,
  • Any add-on services, features, software, (e.g. dedicated IP, Billing Software, Control Panel Software, etc.) and
  • Any other fees for services involving a third party.

The 15 Day Guarantee is subject to all of the following limitations: 
  • You are entitled to a maximum of one (1) 15 Day Guarantee.
  • If you do not cancel your account within fifteen (15) days of the beginning of your service, your right to the 15 Day Guarantee shall expire forever and may not be revived under any circumstances.
  • You may not transfer or assign the 15 Day Guarantee to any third party.
  • You agree that you will not circumvent the restrictions on the 15 Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
  • Creating multiple accounts, using the same customer name or different customer names; 
  • Canceling your account for the sole purpose of obtaining a refund and then registering for a new account; 
  • Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions; 
  • Knowingly providing false or misleading information when you register for your account; or 
  • Requesting a refund under the 15 Day Guarantee at any time after you have already received a refund under that guarantee.
  • If you violate any provision of any of the policies of EUROHAS, you will not be eligible for the 15 Day Guarantee.

Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 15 Day Guarantee. The 15 Day Guarantee applies to your first order of services from EUROHAS and does not apply to any changes to your service at any time.

Backups.

In order to allow us to provide the best service to you, EUROHAS accounts are backed up weekly and daily, depending on the hosting plans, as a courtesy. However, these backups are intended for EUROHAS's administrative purposes only, for emergency situations, to allow us to provide excellent service to our customers. As part of its commitment to first-rate customer service, EUROHAS always seeks to create complete and accurate backups of customer accounts. Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, EUROHAS DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups. Customers are responsible for maintaining their own backups on their own personal computers or other computers. 

EUROHAS does not provide any sort of compensation for lost, inaccurate, incomplete, corrupt, non-existant, or outdated data in the event that EUROHAS's backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of EUROHAS or any of its employees or agents. You understand and agree that EUROHAS's backup policy does not create any warranties for whose breach EUROHAS can be held liable. 

If we do have backups available for your files that you need restored, and if we have the ability and time to restore the file(s), there will be a EUR 17 fee for restoring the files. We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups. Backup restoration is NOT a fast process. Due to the volume of data being stored, compression, and network file transfers, decompression, restoration, integrity checks, and other variables, the restoration process of large nodes can sometimes take several days. We highly encourage everyone to purchase their own separate managed backups from one of our backup plans if your site or data is critical to your business or livelihood.

Uptime

99.9% Network Uptime Guarantee
EUROHAS guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. However, we cannot be held responsible for upstream problems outside of our network and areas where EUROHAS has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar problems with subscribers domain names, routing problems between clients location and our data center. The uptime guarantee is also not applicable if the service interruption was caused by any natural or unnatural events that EUROHAS cannot directly influence. EUROHAS may temporarily deny or terminate service upon clients failure to pay their charges when due.

EUROHAS will guarantee 99.9% network uptime and 99.9% network stability uptime. This, however, does not refer to problems stemming from:

a. Server Hardware Breakdown.

b. User error(s) or purposeful interruption(s) (e.g. if the client shuts his/her own server down, EUROHAS is not responsible for the downtime).

c. Failures due to software that is not explicitly supported by EUROHAS. Consequently, if a hardware crash provoked by the customer happens, EUROHAS has no responsibility for the resulting downtime.

Network Outages or Unexpected Downtime is any unplanned or unexpected interruption in the network availability due to a hardware, software, network connectivity or data center problem, during which a 100% packet loss is experienced.

Scheduled Downtime is any scheduled interruption of services for the purpose of network upgrades, or replacement of any equipment in order to provide a better service for you. Scheduled downtime occurs during notified downtime periods, with as many warnings sent in advance as possible via e-mail or posted on our news section at a minimum 24-hour notice.

Copyright

NOTHING IN THESE INSTRUCTIONS OR ON THIS SITE CONSTITUTES EITHER CONSENT OR AN AGREEMENT BY EUROHAS, ITS REPRESENTATIVES, ATTORNEYS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS TO ACT ON YOUR BEHALF. THESE ARE COMPLEX LEGAL ISSUES, AND EUROHAS, RECOMMENDS THAT YOUR RETAIN YOUR OWN LEGAL COUNSEL TO DEAL WITH THESE MATTERS. 

EUROHAS, respects the intellectual property of others, and we ask our customers to do the same. If you believe that your copyrighted work has been copied and is accessible on any site for which EUROHAS, provides services, in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information: 
1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf. 
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity. 
3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Web site where it is posted or the name of the book in which it has been published. 
4. A copy of the copyright registration, or other suitable proof of ownership, for the material you believe is being infringed. 
5. A description of the manner in which your copyright is being infringed. 
6. Identification of the URL or other specific location on the site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material. EUROHAS will not search for the allegedly infringing copy; you must identify it specifically. 
7. Your full legal name, complete postal mailing address, area code and telephone number, and e-mail address. 
8. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. 
9. A statement by you, made under penalty of perjury, that all of the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. 

Our agent for notice of claims of copyright infringement can be reached by contacting us.

Indemnification

Customer agrees to defend, indemnify, and hold harmless EUROHAS, and the parents, subsidiaries, successors, assigns, employees and agents of EUROHAS against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys' fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party. 

EUROHAS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF EUROHAS'S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.

Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EUROHAS DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 

EUROHAS PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. EUROHAS DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND EUROHAS SHALL HAVE NO LIABILITY THEREFOR. 

EUROHAS DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.

Governing Law.

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE EU, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

By using any EUROHAS services, you agree to submit to binding arbitration. Each party agrees that any action arising out of or in connection with this Agreement shall be handled by an arbitrator of EUROHAS's choice. The arbitrator's award is final and binding on all parties. You, the client, are also responsible for any and all costs related to such arbitration. The language of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. Each party agrees that, whenever a party is requested to execute one or more documents evidencing such consent, it shall do so immediately.

Entire Agreement.

This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and EUROHAS, and supersedes any prior or previous agreements between you and EUROHAS with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which EUROHAS notifies you from time to time, pursuant to this Agreement. This Agreement may not be modified orally.

Assignment.

Customer shall not assign or attempt to assign its obligations under this Agreement without EUROHAS's prior and express written consent to such assignment. EUROHAS may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.

Choice of Law.

For all purposes, this Agreement shall be deemed to have been made within the Sweden. This Agreement shall be governed by the laws of EU and the laws of Sweden.

Force Majeure.

EUROHAS shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause.

Severability of Terms of this Agreement.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.

Abuse of Staff or Personnel.

At EUROHAS, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you.

If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, there will be no refund. Abusive conduct includes, but is not limited to, the following behaviors:

  • Repeatedly addressing members of our staff in a demeaning or rude manner;
  • Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication;
  • Yelling or shouting at our staff;
  • Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or
  • Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.
Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement. EUROHAS reserves the right to discontinue service to any Customer it deems, in its sole discretion, or if any Customer violates any condition of service or agreements. EUROHAS reserves the right to refuse or discontinue service to anyone at our sole discretion. These terms may be modified at any time without notice. We reserve the right to revise, amend, or modify this and our other policies and agreements at any time and in any manner. 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. If any terms or conditions are failed to be followed the account in question may be terminated.

 

 

 

Last updated: 12-01-2013

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