These Terms of Service (the “Agreement”) are an agreement between VirkHost (“VirkHost”, “Contractor”, ‘we’, “us” or “our”, “our company”) and you (“User”, “Customer”, “Client” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by VirkHost and of the virkhost.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. Client: Individual/legal entity placing an Order.
1. Additional Policies and Agreements
By using the Services, you also agree to the terms of the following policies:
1.1. Privacy Policy
1.2. Acceptable Use Policy
2. Account Eligibility
By registering for or using the Services, you represent and warrant that:
2.1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
2.2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
2.3. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. VirkHost is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. Providing false contact information of any kind may result in the termination of your account. In hosting services (shared, vps or dedicated) purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
3. Responsibility
3.1. VirkHost is not responsible for any damages your business may suffer. VirkHost makes no warranties of any kind, expressed or implied for services we provide. VirkHost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by VirkHost, its employees, suppliers, customers or any third party.
3.2. You, as a VirkHost customer, are solely responsible for the content and data stored on and served by your account/server/website. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
3.3. VirkHost is not a direct participant to the transfer, storage and processing of information provided by the Customer, and VirkHost is not responsible for any violations.
4. Prices and Price Changes
4.1. Usage-independent charges are due and payable in advance for the corresponding contract term.
4.2. The Customer should pay the applicable amount at the time of registration/renewal date.
4.3. It is your responsibility to ensure that your payment information is up-to-date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided.
4.4. The Customer should pay the applicable amount at the time of registration/renewal date. The Company has the right to change the prices periodically and The Customer will be charged based on the current renewal rates for the next billing cycle. Exceptions apply in case that a Customer or a group of such have written arrangement with The Company’s Billing Department.
4.5. Rates for VirkHost Hosting Services are published on the Website; these rates are subject to change without further notice.
4.6. All prices published on the site are in EURO and exclude VAT (Value Added Tax). In addition, you acknowledge and agree that you may be charged Value Added Tax (“VAT”) or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.
4.7. If a registry and/or another supplier increases the prices for a specific extension or other product or service, VirkHost is entitled to pass on this increase to the Client.
4.8. Services cannot be setup until payment has been received.
4.9. All invoices are issued in EUR by default or can be issued in USD or RON. Payment outside Romania can be paid in EUR or USD. Clients from Romania should pay in RON, at the valid official exchange rate communicated by the National Bank of Romania for the day of payment.
4.10. After received payment, we will issue fiscal invoice within 14 days which will be uploaded in .pdf format in your client area or/and via email.
4.11. The Client should be informed the Contractor if his company is registered for VAT purposes.
5. Payment Methods
5.1. You can choose preferred payment method. However, if you use a payment method, you accept and agree to the terms applicable to that payment method, which will form part of your agreement with VirkHost.
5.2. We offer the following payment methods: Debit/Credit card, PayPal, Bank Transfer.
6. Contract Duration. Cancellation. Termination
6.1. Unless terminated, this contract shall remain effective for an indefinite period of time.
6.2. This contract may be terminated by either party without giving any reason whatsoever seven (7) days before its next due date. You may terminate or cancel the Services by giving VirkHost written notice via email or cancellation provided. Once we receive your cancellation, you should receive an automatic confirmation email. VirkHost will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within 48 hours after submitting your cancellation, please contact us immediately via email at: [email protected]. We require all cancellations to be done through email or your customer account in order to confirm in writing that you are prepared for all of your files and emails to be removed. This process aims to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed. Cancellations will be effective immediately or on the account’s end of billing period depending on your request. In the absence of such cancellation request, the contract will extend automatically by the agreed minimum contract time, which is usually one (1) month, a quarter, half-year, or a year.
6.3. All invoices must be paid within fourteen (14) days of the invoice due date for Semi-Annually and Annually Billing Cycle, or ten (10) days for Monthly and Quarterly Billing Cycle, and thirdy (30) days for domain names. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, VirkHost may suspend or terminate your account and pursue the collection costs incurred by VirkHost, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. VirkHost will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
6.4. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. If you choose Bank Transfer as a payment option, you need to pay all Bank Transfer Fees. VirkHost should receive full amount of payment.
6.5. Starting from due date, VirkHost reserves the right to suspend access to services until we do not receive payment.
6.6. You agree that until and unless you notify VirkHost 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 PayPal or other billing information on file with us if you choose a payment method by recurring subscription. Subscribers that pay VirkHost, it is your responsibility to cancel any subscription. VirkHost is not responsible for payments made from your PayPal account or Credit Card after cancellation and is under no obligation to refund such payments made after cancellation.
6.7. VirkHost may terminate this contract in case:
(a) the customer does not pay for services within three (3) days of the invoice due date. In case, customer does not pay, the service will be terminated and all data will be deleted on the 4th day for VPS and Dedicated Servers. For Shared Hosting, all data will be deleted on the 90th days, but after 10th days payment delay Reactivation of services is possible, only after full settlement of past due invoices, and the payment of a 30 EUR reactivation fee.
(b) the customer contravenes or ignores warnings about infringement of the requirements of Article “Acceptable Use Policy ”. In this case, Services may be terminated by VirkHost with or without notice upon any violation of this Terms of Services. Violations of this Agreement will waive your rights under the refund policy. In such event, VirkHost shall not refund to you any fees.
(c) the customer violates this Terms of Service, or any part thereof. Violations of this Agreement will waive your rights under the refund policy. In such event, VirkHost shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, VirkHost may charge you for all fees due for the Services for the remaining portion of the then current term.
(d) For these services: Domain name, SSL Certificates, Additional Paid Services (such as Website Maintenance, backup services etc) termination will be affected immediately If you don’t pay on time.
6.8. If the customer intends to devolve their contractual rights to another person, they require prior written consent from the authorized personnel of VirkHost.
7. Delivery Policy
7.1. The services are delivered after payment is confirmed.
7.2. Standard hosting services are delivered within 24 hours, depending on stock availability. In general it takes less.
7.3. Custom hosting solutions can be delivered within 48 hours, depending technical specifications.
7.4. We activate services, according to 7.2. and 7.3. However, we activate hosting services only on business days for the following locations: Italy and Republic of Moldova.
7.5. However, due to the risks presented by customers using stolen credit cards or other fraudulent activities, we may require additional information from your side before the service is delivered. Also, we can require any additional information according to 2.3. If there are any uncertainties about your identity we may request a copy of some government issued photo ID. In the event that we are unable to conclusively validate your identity we will unfortunately have to decline your order.
7.6. We can ask additional technical information which is necessary for service activation. In this case we will not activate your service until we get all necessary information.
7.7. Notification about service activation will be sent to the email address used to register on our website. Therefore, you can find all information about your service in your client area on our website.
8. Refund Policy
8.1 Violations of Terms of Service and Acceptable Use Policy, may result in immediate and permanent disablement without refund. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund.
8.2. Web Hosting. VirkHost will accept a request to cancel a new web hosting account and give a full refund to a new customer who requests such refund and cancellation within 7 days of ordering. If you become dissatisfied with our services at any point within the first 7 days of holding an active account, we will issue a 100% refund of your money unless otherwise specified at, or prior to, the time of purchase. VirkHost shall be obliged to issue a refund within thirty (30) days upon receipt of the revocation by the customer.
8.3. VPS. VirkHost offers its new customers that never had a business relation with it before, a 7- days’ money back guarantee for all VPS server plans. From the day that VirkHost supplied the ordered service to the customer, they have seven (7) days to revoke their order and contractual statement without stating any reasons. In case the Customer uses their right of revocation, VirkHostHosting shall be obliged to issue a refund within thirty (30) days upon receipt of the revocation by the customer.
8.4. Dedicated Servers. There are no refunds on dedicated servers. Money-back guarantee does not apply to dedicated servers.
8.5. Domain name & SSL certificates. Domain name registrations and SSL certificates can not be cancelled and are not refundable. Changes to registered domain names (incorrect spelling, etc..) can not be made once the domain has been purchased with a domain registry. It is very important that you verify the spelling of your domain name and it is recommended that you have someone else read it as well to ensure it is exactly as expected.
8.6. Licences & Maintenance Service. Licenses are non- refundable. The money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software, maintenance service fees or other setup fees, or to any fees for any other additional services.
9. Backups
9.1. Your use of the Services is at your sole risk. VirkHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on VirkHost’s servers.
9.2. You are solely responsible for maintaining adequate backups of your content. We may provide a backup service for your site on the web hosting account, however, we do not accept responsibility for any failure of our backup mechanism.
10. Additional Services by VirkHost
10.1. We offer SEO, PPC, Web Design and Development services. We can install SSL Certificates or we can provide paid support for your hosting product or your website. Additional agreement for both parties will be applied for these additional services. All prices indicated in our website for non-hosting services are standard-based and can be changed, according to p. 4.5
10.2. After we receive your order and all detailed information about your project, we will offer you the final price and additional agreement. The total price can include additional fees and taxes.
11. Governing Law – Jurisdiction
The agreement is governed by the Romanian law. Any potential disputes occurred between VirkHostHosting and the Client will be settled amicably, failure which the disputes are referred for settlement to the Romanian courts of jurisdiction.
12. Intellectual Property Rights
The materials contained on this site are protected by copyright, and any unauthorized use of any of these materials may violate copyright, trademark and other laws. These materials can be neither copied, nor reproduced.
13. Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
14. Disclosure to Law Enforcement
VirkHost may disclose User information to governmental and law enforcement authorities without further consent or notification to the User upon lawful request from such authorities.
15. Changes to the Agreement or the Services
15.1. VirkHost may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the VirkHost website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
15.2. VirkHost reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Revised: 19/10/2021 VirkHost