RagnaHosting Networks - Legal

TERMS OF SERVICE

TERMS OF SERVICE

This legally binding contract (the “Agreement”) is by and between RagnaHosting Networks (“RagnaHosting Networks”), and you and your assigns, employees, agents or contractors (“You”, “Your”, the “Client”) and is effective as of the date you purchase hosting services from RagnaHosting Networks. This Agreement sets forth the terms and conditions of your use of RagnaHosting Networks’ services (collectively, the “Services”) and represents the entire agreement between you and RagnaHosting Networks relating to the Services.This Agreement contains provisions that set forth RagnaHosting Networks’ Acceptable Use Policy, Privacy Policy and guarantees of a certain service level (found in the “Uptime Guarantee” and “Service Level” sections below).By purchasing the Services, you acknowledge and agree that you have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that RagnaHosting Networks may establish and post on its website from time to time.

DESCRIPTION OF SERVICES

RagnaHosting Networks provides the Services to its customers for a monthly fee. RagnaHosting Networks will provide you an account on one or more of its dedicated servers, provided, however, you abide by the terms and conditions set forth in this Agreement and in any other agreement pertaining to other services you may purchase. RagnaHosting Networks reserves the right to modify its network and facilities used to provide the Services for purposes including, but not limited to, accommodating evolving technology and increased network demand, and providing enhanced services. RagnaHosting Networks shall use reasonable efforts to notify you in advance of any planned changes to RagnaHosting Networks’ network or facilities that may adversely affect the Services provided under this Agreement.

FEES

Fees for Services ordered by you shall be charged beginning on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month. From time to time it may be necessary to make adjustments in the fees and surcharges charged for the Services in order to cover certain changing costs (e.g., power) incurred by RagnaHosting Networks in providing the services. Such adjustments will be reflected on the statement or invoice provided to you for the Services, and you agree to pay for the fees and surcharges for the Services, as adjusted.

PAYMENT OPTIONS

RagnaHosting Networks provides several options for payment:
— PayPal. When you place an order with RagnaHosting Networks, you have the option of selecting PayPal as your payment preference. PayPal allows you to process credit card payments securely and conveniently. You can also elect to create a PayPal subscription, which will automatically process your payment on the recurring date that you set up the subscription. It is your responsibility to ensure that your credit card information, or PayPal balance is up to date. You must make sure all pre-approved (recurring) payments made towards RagnaHosting Networks are current and active.
— Western Union, M Lhuillier , Cebuana Lhuillier and other Money Transfer. If you don't have a credit or debit card, and do not have a PayPal account set up, you may choose to pay using Money Transfer. Any "fees" required by using this payment method however, will have to be paid for by the customer.
— Globe Gcash, Smart Padala and other Mobile Payment methods. As with money transfers, if it is more convenient for you to pay for your Invoices using the mentioned Mobile Payment methods, we'll accept those too. (As of the moment, these options are only offered to those who live in the Philippines).

LATE PAYMENTS

RagnaHosting Networks reserves the right to charge a late fee of 20% of the invoice amount per month on late payments. Invoices will be automatically considered late 1 day after the invoice is marked as overdue. Late Payments may be elected to be waived after a certain amount of months the client has been using RagnaHosting Networks’ Services. This will be part of our Loyalty Rewards.

NON-PAYMENT TERMINATION

In the event you fail to pay your invoice within 1 day of the due date, we reserve the right to suspend your service. If you are still past due 3 days after the initial due date, we reserve the right to terminate your service entirely and reformat your server/service. If you are terminated for non-payment, we also reserve the right to refer your account to a third-party collection agency and you agree to pay any collection fees or legal fees we may be charged to collect on your debt. With a dedicated server, you have 3 days after your invoice due date to bring your account up to date. If not, we reserve the right to terminate your service entirely and reformat your server.

OVERAGE BILLING

Your monthly bandwidth allowance is determined by the specific package for which you sign up. If your account exceeds your monthly allowance, you will be charged an overage fee as outlined in your service order. If this fee is not outlined in your service order, then you will be charged the default rate of $25.00 per Megabit overage, or $0.10 per Gigabyte, whichever is lower. Unused bandwidth is not carried over to the next month for purposes of a credit. Unmetered bandwidth plans may be part of a shared pool of bandwidth, please consult a sales representative to see if the plan you are interested in is dedicated or shared.

CANCELLATION AND REFUNDS

RagnaHosting Networks is not able to schedule cancellation for a specific time or date. To submit a cancellation request, please log in to your Client Portal, and request a cancellation under “My Services.” When you request cancellation, we will follow this process: We will first contact you to confirm the cancellation and verify that you are authorized under your account to cancel it. Then, we will immediately suspend billing and cancel the account. We are not able to provide scheduled cancellations and all cancellations are effective either immediately or at the end of your billing cycle. Regarding mid-month or mid-period cancellations, RagnaHosting Networks will not issue pro-rated refunds for cancellations received in the middle of a payment cycle. Refunds will not be given on a pro-rated basis for Services provided in a given billing period. Receipt by you of any Services in a given period will obligate you to pay for the Services during that entire billing period. If eligeble, your refund will be processed within 30 days. Refunds will not be given for the following services:

  • Domain Name Registration/Transfers
  • 3rd Party Script Licenses (including control panel licenses and billing software licenses)
  • Account clean up* (removing malicious content)
  • cPanel / WHM licenses / WHMCS Licenses
  • Requested services (Scripting / Source / Others)
  • Themes and any other downloadable (digital) purchases
TERM AND TERMINATION AND MONEY BACK GUARANTEE

You agree to a month to month term for the Services unless otherwise agreed to in writing. The month-to-month term for services is automatically renewed each month unless either party notifies the other in writing of its desire that the Agreement not be renewed, no later than three (3) days before the next upcoming anniversary date for billing. You may cancel your account by terminating this Agreement in this manner by contacting the RagnaHosting Networks billing department.RagnaHosting Networks may terminate this Agreement effective immediately and without notice upon any breach by you of any of the terms of this Agreement. In such event, RagnaHosting Networks shall have no obligation to refund any fees paid in advance by you. At this time, RagnaHosting Networks offers a 7 day Money Back Guarantee. This guarantee applies to shared and reseller hosting only. Cloud services are subject to a 3-day Money Back guarantee, provided the reason behind the request is valid. Requests for refunds under these provisions must be made at least 3 days prior to the end of these terms. Refunds apply to the above services only, and do not apply to the following:

CHARGEBACKS AND PAYMENT DISPUTES

Under this Terms of Service agreement you must first contact RagnaHosting Networks to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question.By using our services you agree to the above policy and to contact RagnaHosting Networks before contacting your financial institution to seek a resolution.In the event you dispute charges contrary to this agreement, we reserve the right to terminate your account, and add a $150 collection chargeback fee to your total amount due. RagnaHosting Networks also reserves the right to refer your account or sell your debt to a third-party collection agency. We also reserve the right to take further legal action against you.

PROMOTIONAL OR SPECIAL OFFERS: PRE-PAYMENT OFFERS

From time to time, RagnaHosting Networks may offer promotional or special offers as sales incentives. These offers may be consisted of discounts, free time, free services, discounted services, trial offer periods and other types of offers. Such offers cannot be combined with other offers unless otherwise stated and are one-time use offers. One offer per client only. Offers are valid only where they are permitted by law. Offers are void where prohibited. Some offers (example: “Three Months Free Load Balancing Service”) require you, the Client, to contact RagnaHosting Networks prior to the expiration of the trial period in order to avoid being re-billed. Offers which provide a discounted monthly rate for a specified period of time will reset automatically to the full monthly rate once the promotional period has passed and you, the Client, agree to pay, in full, the full monthly rate, unless you cancel in advance.

TORTUOUS CONDUCT

Any abuse towards any RagnaHosting Networks employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing, calling or submitting online tickets to RagnaHosting Networks. Any cursing, yelling, or further intentional disruptive behavior aimed at RagnaHosting Networks or its employees shall be considered a violation of this Terms of Service agreement.Any threat; whether orally, verbally, in written, via E-mail, via Live Chat, delivered by second parties or delivered in any other way, and directed towards RagnaHosting Networks or any of RagnaHosting Networks’ employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service agreement. Threats of physical violence will be directed to the proper authorities.No refunds shall be given when the above Tortuous Conduct clause is violation and necessitates the termination of an account or services.

LICENSE TO HOST

You hereby grant to RagnaHosting Networks a non-exclusive, royalty-free, worldwide right and license during the term of this Agreement to do the following to the extent necessary to provide the Services under this Agreement: (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink any content uploaded by you; and (b) make archival or backup copies of content uploaded by you to the RagnaHosting Networks servers. RagnaHosting Networks shall have the right, but not the obligation, to make backup copies of the data uploaded by you to the RagnaHosting Networks servers. You are responsible for any of your content residing on RagnaHosting Network’s servers and for the backup thereof.

STORAGE AND SECURITY

At all times, you bear full risk of loss of any content and software you place on the RagnaHosting Networks servers. you are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server. RagnaHosting Networks unless you cancel in advance does not undertake any obligation to provide management or security services unless you specifically request it to do so. If any technology specifically associated with your account requires updating, you must make a request for such update through RagnaHosting Networks’ ticketing system you shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to your content; (ii) maintain independent archival and backup copies of your content; and (iii) ensure the security, confidentiality and integrity of your content transmitted through or stored on RagnaHosting Networks servers. RagnaHosting Networks shall have no liability to you or any other person for loss, damage or destruction of any of your content.

UPTIME GUARANTEE

“Uptime” refers to the amount of time the Services are available, as measured solely and only by RagnaHosting Networks’ internal monitoring systems. “Downtime” refers to the amount of time the Services are unavailable, as measured solely and only by RagnaHosting Networks’ internal monitoring systems. RagnaHosting Networks guarantees that it’s Networking and Connectivity services will be available 99.99% of the time. In the event such level of service is not provided, RagnaHosting Networks will credit your account in an amount as determined in the chart below, reflecting credit percentages of the monthly fees paid by you to RagnaHosting Networks for the Services, but not payments made for any of the following products and services: domain name registration, software licenses, IP address charges, set up fees, shipping and handling, SSL certificate fees, labor charges, and other services which are unrelated to Uptime.

  • 100% to 99.99% will result in a credit of: 0%
  • 99.98% to 98% will result in a credit of: 5%
  • 95% to 98% will result in a credit of: 10%
  • 90% to 94.9% will result in a credit of: 25%
  • 89% or below will result in a credit of: 50%

To receive a credit, you must make a request by sending an email message to [email protected] Each request in connection with this Agreement must include the dates and times of the Downtime, the name and IP address of the server or servers, which experienced the Downtime. RagnaHosting Networks must receive the request within ten (10) business days after the incident of Downtime. If RagnaHosting Networks confirms the unavailability, credit will be applied to your RagnaHosting Networks account within thirty (30) days of receipt of your credit request. The total amount credited to you in a particular month under this Agreement shall not exceed the total amount of fees paid by you for such month for the affected Services. Credits are exclusive of any applicable taxes charged to you or collected by RagnaHosting Networks and are your sole and exclusive remedy with respect to any Downtime.

The provisions of the Agreement pertaining to Force Majeure are unaffected by these terms referring to Uptime Guarantee. Moreover, downtime caused by any of the following shall not result in any obligation by RagnaHosting Networks to provide credit to you:

  • Emergency Maintenance
  • Scheduled Maintenance
  • System Upgrades
  • Domain name system (DNS) problems outside of RagnaHosting Networks’ control
  • Issues with FTP, POP, IMAP, or SMTP customer access
  • Acts or omissions by you or any of your employees or agents, resulting in downtime

Any negligence, willful misconduct, or use of the services in breach of RagnaHosting Networks’ Acceptable Use Policy Problems with users’ web browsers, DNS, or other caching that might make it appear the Services are unavailable even though it’s not. These wont be considered as "Downtime".

HARDWARE REPLACEMENT GUARANTEE

RagnaHosting Networks strives to maintain the integrity of the hardware used to provide its services, and any Downtime caused by hardware failure shall be credited pursuant to this Agreement. RagnaHosting Networks maintains a stock of all essential hardware necessary to provide the Services. RagnaHosting Networks shall replace any and all substantially malfunctioning hardware within 6 hours of RagnaHosting Networks becoming aware of such substantial malfunction. The amount of time for replacement of hardware shall be measured from the moment that RagnaHosting Networks determines that the hardware must be replaced, and does not include time spent diagnosing the problem, researching other solutions, investigating the cause of the failure or time spent installing software, restoring backups or other, similar situations. In the event that RagnaHosting Networks fails to meet this hardware replacement guarantee, RagnaHosting Networks will issue, to you, account credits in the amount of 10% of the base monthly fees for each hour after the second hour of the monthly service fee for the server in question to a maximum of 50% of the cost of the service (excluding any management, upgrades or additional services associated with the service in question).

NO WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. RAGNAHOSTING NETWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. RAGNAHOSTING NETWORKS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES RAGNAHOSTING NETWORKS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. ANY STATEMENTS MADE REGARDING SUCH MATTERS IN PROMOTIONAL MATERIALS SHALL BE CONSIDERED ADVERTISING REFERENCES, AND NOT WARRANTIES. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. RAGNAHOSTING NETWORKS MAY MAKE THIRD-PARTY GOODS, SERVICES AND/OR SOFTWARE AVAILABLE TO YOU THAT ARE NOT PART OF THE SERVICES (“THIRD-PARTY SERVICES”). RAGNAHOSTING NETWORKS HAS NO CONTROL OVER THE CONTENT OF THIRD-PARTY SERVICES. USE OF ANY THIRD-PARTY SERVICES WILL BE AT YOUR OWN AND SOLE RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF A SEPARATE AGREEMENT BETWEEN YOU AND THE THIRD-PARTY. RAGNAHOSTING NETWORKS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RAGNAHOSTING NETWORKS OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY MARKETING OR PROMOTIONAL MATERIALS DESCRIBING THE SERVICES ON RAGNAHOSTING NETWORKS’ WEBSITE. UNLESS OTHERWISE AGREED TO IN WRITING, RAGNAHOSTING NETWORKS DOES NOT MAKE A BACK-UP OF YOUR SITE(S) AS PART OF THE SERVICES. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE A BACK-UP OF YOUR SITE(S) ON A REGULAR BASIS.

LIMITATION ON LIABILITY

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER OPERATION OF YOUR WEB-SITE AND/OR CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. IN NO EVENT SHALL RAGNAHOSTING NETWORKS BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR OPERATION OF YOUR WEB-SITE AND/OR BUSINESS OR FAILURE TO OPERATE YOUR WEB-SITE AND/OR BUSINESS. THIS SECTION APPLIES TO ALL CLAIMS BY YOU OR YOUR END USERS IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING THE CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, AND/OR MISREPRESENTATION. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL RAGNAHOSTING NETWORKS, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE ON THE SERVICES (“AFFILIATES”), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (A) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (B) FOR LOSS OR INACCURACY OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, FOR BUSINESS INTERRUPTION OR SIMILAR ACTION, EVEN IF RAGNAHOSTING NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE AND MAXIMUM LIABILITY OF RAGNAHOSTING NETWORKS AND THE AFFILIATES, ARISING FROM OR OTHERWISE RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO RAGNAHOSTING NETWORKS DURING THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION.

Last Modified: July 25, 2015.