This Terms of Service Agreement (“TOS Agreement”) constitutes a valid, binding, and enforceable legal contract by and between you, the “User”, and hostsailor.com. (“HostSailor”).
Fees: Fees are paid on the first date of the new billing cycle. Invoices will be generated five (5) days before the due date, with a reminder being sent three (3) days before the due date. HostSailor will send the User an overdue reminder one (1) day after the due date, with a second overdue reminder being sent two (2) days after the due date. HostSailor will send a final and third overdue reminder three (3) days after the due date.
Users can choose to renew their account automatically by selecting the option when placing their first order. Users can also opt to manually pay their fees. If a User has a credit balance on their account, HostSailor will automatically apply the credit toward the newest dues. If a User does not pay their fees within three (3) days of the billing date, HostSailor will automatically suspend the account. HostSailor reserves the right to terminate a User’s account at anytime if the balance is left unpaid.
Without limiting anything stated foregoing, HostSailor is entitled to charge a certain late fee if the User fails to pay their fees or renew their account in the timely fashion.
The credit card payments will involve a detailed verification of the information relating to user such as user ID to prevent any potential fraud. However, no such verification is required if you use any other payment method.
Fee Increases: HostSailor reserves all rights to increase service fees. User can accept the fee increase by renewing their account. If the User does not accept the fee increase, they can cancel/terminate their account with HostSailor.
Taxes: HostSailor does not charge Users taxes of any kind.
Early Termination: User acknowledges that the amount of the fee for the service is based on the User’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event HostSailor terminates the Agreement for User’s breach of the Agreement, or Customer terminates the service other than in accordance with Termination requirements for HostSailor’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
Refunds: HostSailor offers a 14-day moneyback guarantee. A claim may only be made within the first 14 days starting from the Service Commencement date; provided that the foregoing guarantee is valid only for new customers, and no re-subscribers can request the refund under the foregoing provisions. The 14-day refund does not cover added-on fees, domain name registration, SSL certificates and promo/discount offers etc. HostSailor reserves the right to refuse the moneyback guarantee if it believes that a User is abusing the refund policy that’s been offered in goodwill or if the User is abusing HostSailor’s Terms of Service.
We will take almost 5 to 10 business days to process the refund requests.
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind arising in connection with the Agreement, even if the party has been advised or should be in aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of HostSailor and any of its employees, agents or affiliates, under any theory of law shall be a payment of money not to exceed the amount payable by the User for three months of service.
Suspension of Service: User agrees that HostSailor may suspend services to User without notice and without liability. This only applies under the following circumstances: 1) HostSailor reasonably believes that the services are being used in violation of the AUP; 2) User fails to cooperate with any reasonable investigation of any suspected violation of the AUP; 3) HostSailor reasonably believes that the service suspension is necessary to protect the network or other Users. User agrees to pay reasonable reinstatement fee if the service is reinstituted following a suspension of service under this subsection.
Termination the Agreement: The Agreement may be terminated by User prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if HostSailor fails in a material way to provide the service in accordance with the terms of the Agreement. User must alert HostSailor to the failure in writing and in reasonable detail. HostSailor has up to 10 (ten) days to provide a remedy to this failure.
The Agreement may be terminated by HostSailor under any of the following parameters: 1) If the User is overdue on the payment of any amount due under the Agreement; 2) User violates any provision of the Agreement, including the AUP, and fails to address the violation within thirty days of written notice from HostSailor; 3) User is in violation of the Agreement a second time; and 4) User does not provide accurate contact information.
Any party may terminate this Agreement upon written notice of the other party admitting insolvency or filing for bankruptcy.
HostSailor shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond HostSailor’s control, including, without limitation, signification failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The laws of the United Arab Emirates (Dubai) shall govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in Dubai when these terms take effect.
User agrees to cooperate with HostSailor’s reasonable investigation of any suspected violation of the AUP and Terms of Service. HostSailor’s services are physically hosted in the Netherlands. HostSailor will not allow any illegal activities of any kind. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not.
Neither party will represent itself to be the agent of the other. Users may not transfer the Agreement without HostSailor’s prior written consent. HostSailor may assign the Agreement in whole or in part. Users who are found to be in abuse of these Terms of Service will immediately have their accounts suspended.