Terms and Conditions

The following terms and conditions apply to all accounts. VMotion IT Solutions LTD will provide services to the account holder, hereinafter referred to as "Client", in exchange for payment of fees and compliance with the terms and conditions of this document. Service payments will be submitted in accordance with the billing procedures outlined in this document and according to the rates published in the online documentation. Client certifies that client has read, is aware of, and understands the rates and fees for usage of VMotion IT Solutions' services as outlined in this documentation.

Agreement:

VMotion IT Solutions LTD agrees to provide, and Client agrees to receive, access to the services according to the following terms and conditions:

1. The client will use the services in a manner consistent with any and all applicable laws.

2. VMotion IT Solutions LTD reserves the right, in its sole discretion, to deactivate the Client’s account(s) upon an indication of credit problems including delinquent payments.

3. CONDITIONS:
The application and this Agreement constitute a legal and binding contract between VMotion IT Solutions LTD and the Client and do not extend to any other person or entity. The client is bound by the terms of this Agreement. Cancellations after the application is received and the account is activated will still hold the Customer responsible for costs incurred by VMotion IT Solutions LTD concerning the registration of domains.

4. WARRANTIES:
With respect to the services to be provided herein, the Customer acknowledges that VMotion IT Solutions LTD makes absolutely no warranties whatsoever express or implied. As a result, the Client agrees that VMotion IT Solutions LTD shall not be liable to the Client for any claims, damages or loss of profit which may be suffered by the Client or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of or in relation to the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.

5. INFORMATION:
The utilization of any data or information received by the Client from the utilization of the service to be provided by VMotion IT Solutions LTD is at the Client’s sole and absolute risk. VMotion IT Solutions LTD specifically disclaims and denies any responsibility for the completeness, accuracy, timeliness, or quality of information obtained through the services to be provided hereby.

6. REFUNDS:
The client has the right to terminate the service any time with 3 working days’ notice sent via mail or email to VMotion IT Solutions LTD sales department to the address or email address indicated on the contacts page of VMotion IT Solutions LTD website. The client is entitled to the full refund of fees paid during the first 30 days of service EXCLUDING any setup fees, DOMAIN REGISTRATION FEES, license fees or managed service fees. The client is entitled to full pro-rata refund if the service is terminated on the 31st and thereof day of service. If the Client availed of free domain registration under any service, the cost of domain registration is deducted from the amount of refund. The client will receive the notice of refund within 5 working days of the application being received by VMotion IT Solutions LTD Sales department. The client is entitled to receive the full amount of refund stated in the notice within 14 working days of the refund notice issue. If the client has any disputes regarding the refund amount they should be settled within 14 working days of the refund notice issue. Once the refund is paid to the customer it is final and non-disputable.

7. DELIVERY TIMING:

• (a) Our shared hosting account services are setup instantly and automatically once the payment is processed. Typically the Client will have access to his account and control panel within 10 minutes. Any domain registrations that occurred during the registration process occur immediately but will take up to 48 hours to propagate.
• (b) VPS and DEDICATED Servers Clients are required to submit photo ID if they represent individuals or the copy of incorporation documents if they represent business entity before setup process will take place. VMotion IT Solutions LTD will make all reasonable efforts to contact Client on the contact information provided by the Client to remind and to advise of this requirement. If necessary documents are not provided within 72 hours the order is cancelled and any payment received is refunded to the Client. Once the VPS client completes the order, he will have access to his VPS account within 36 hours. Once dedicated server client completes the order, he will have access to his server’s provisioning module within 72 hours.

8. VMotion IT Solutions LTD operates its services subject to and in accordance with all applicable local, national and international laws. Client agrees to indemnify and hold harmless VMotion IT Solutions LTD from any civil claims or criminal charges resulting from service that causes direct or indirect damage to another party or violates any law. The client also agrees to indemnify and hold VMotion IT Solutions LTD harmless from any and all lawsuits, judgments, decrees, costs and expenses, and attorney fees arising from customer’s use of services provided.

9. VMotion IT Solutions LTD reserves the right to refuse service to any individual or organization for any reason not prohibited by law. VMotion IT Solutions LTD also reserves the right to terminate existing service to any individual or organization for any reason not prohibited by law.

10. Client hereby agrees that any material submitted for publication on VMotion IT Solutions LTD through client’s account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libellous or harmful. Any potentially illegal activity may be deactivated without warning by VMotion IT Solutions LTD. Client hereby agrees to indemnify and hold harmless VMotion IT Solutions LTD for any claim resulting from the submission of illegal materials.

11. Client hereby agrees that any material submitted for publication on VMotion IT Solutions LTD through client’s account(s) will not contain anything leading to an abusive or unethical use of the product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to, violations of privacy, computer viruses, and any harassing and harmful materials or use. Client hereby agrees to indemnify and hold harmless VMotion IT Solutions LTD from any claim resulting from your publication of materials or your use of those materials. VMotion IT Solutions LTD may or may not give notice before deactivating the use of an account(s) which VMotion IT Solutions LTD decides is an abusive or unethical use of the account(s)

12. CHANGES IN TERMS OF AGREEMENT: VMotion IT Solutions LTD reserves the right to make changes to the terms and conditions of this Agreement at any time, and to the online application to include service pricing, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).

13. VMotion IT Solutions LTD guarantees to deliver prepaid hosting and services at the agreed rate, given that payment from the client has been made in full.

14. USAGE: In the event that the Client’s use of the service exceeds the amount of specified data transfers, VMotion IT Solutions LTD shall be entitled to invoice the Client, without notice, for any extra usage. This does not apply to shared hosting clients. Shared hosting clients are not billed any extra amounts regardless of bandwidth usage.

15. SEVERABILITY: In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.

16. CONFIDENTIALITY: Customer acknowledges that any information not generally known by or disclosed to the public to include but not limited to computer programs, source code, algorithms and inventions are the property of VMotion IT Solutions LTD and may not be utilized or released without the express written permission of VMotion IT Solutions LTD.

17. VMotion IT Solutions LTD will not be held responsible for any damages client suffers or inflicts upon another party. This includes loss resulting from service interruptions, delays, non-deliveries or mis-deliveries caused by VMotion IT Solutions LTD negligence or client’s own actions and/or errors. VMotion IT Solutions LTD makes no warranties of any kind, either expressed or implied, for the service, it is providing.

18. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. VMotion IT Solutions LTD is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.

19. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings or newsgroup postings is strictly prohibited. VMotion IT Solutions LTD reserves the right to deactivate the Client’s account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless VMotion IT Solutions LTD from any claim resulting from the Client’s or another party’s use of electronic mail service(s) on the Client’s account(s).
20. VMotion IT Solutions LTD maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
21. Client's actions intentional or by ignorance leading to blacklisting of IP(s) will result in additional charges applied to customer's account. Blacklist removal fee is €50 per blacklisted IP per episode.

22. First SPAM offence may result in immediate termination of the account. If this occurs the unused portion of your account will not be refunded. VMotion IT Solutions LTD reserves the right to cancel your service with NO refunds should the above occur.

23. Client acknowledges that VMotion IT Solutions LTD has the right, but not the responsibility, to inspect any information stored on VMotion IT Solutions LTD’s servers for the purpose of enforcing this agreement.

24. Client acknowledges that VMotion IT Solutions LTD will comply with any and all court orders from any court with jurisdiction over VMotion IT Solutions LTD, regarding the release of client information.

25. AUTO-RENEWAL: All services, except Dedicated Servers, do not auto-renew unless specified by the Client. VMotion IT Solutions LTD will issue renewal notices 30 days before service is due to expire and require full payment of renewal fees to ensure continuity of service. If renewal fees are not paid on time, the account is suspended on day 2 after the renewal is due. LATE FEE of 10% applies to all suspended accounts. If renewal fees and the late fee is not paid in full in 30 calendar days after the renewal fee is due, Client account is terminated and all Client data is deleted from VMotion IT Solutions servers.

26. DATA BACKUP:

• (a) VMotion IT Solutions shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, VMotion IT Solutions makes no warranties or representations that the Service will be uninterrupted or error-free and VMotion IT Solutions shall not, in any event, be liable for interruptions of Service or downtime of the server.
• (b) VMotion IT Solutions carries out data backups for use by VMotion IT Solutions in the event of systems failure. Unless the customer avails of a paid data backup service, VMotion IT Solutions do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly VMotion IT Solutions accepts no responsibility for data loss or corruption.

27. Use of VMotion IT Solutions LTD services constitutes acceptance of these terms and conditions, and with that use, the client agrees to all the terms and conditions of this Agreement. 28. SHARED HOSTING HARDWARE LIMITS. Every hosting package will have limits on CPU, RAM, IO throughput, maximum concurrent connections and hard disk space. Please refer to the plans for details of the limits. These terms and conditions should be read in conjunction with Acceptable Usage Policy