3. Acceptance of the Policy
4. Changes to Policy
5. Information that we Collect; Use of Information
A.Generally. We may use PI as required or permitted by law, including in response to service of legal process (court order, summons, subpoena, and the like). We may disclose PI to law enforcement or regulatory authorities as part of an investigation into activity at the Site (such as a suspected breach). We shall use commercially reasonable measures to limit disclosure and use of such PI. We may use PI in connection with the establishment or defense of legal claims. Any information sent to us will not be deemed to be confidential, and may be shared by us with any other individual or entity, regardless of whether you mark it confidential.
B.Information contained in your customer record. Users who are our customers provide us with their name, address, phone number, user name, credit/debit card or bank information and other personally identifiable or confidential information and other information we require to provide Service to them. We may also acquire information about customers from third parties such as credit reporting agencies, as well as collect information about our customers’ use of the Services. This information may be linked to the information provided to us by our customers to create an administrative record and is referred to as “Registration and Billing Information”.
C.User inquiries. Users who contact us with questions may be required to give us additional information to assist us in resolving their questions, or to assist us in our business (“User Inquiry Information”).
F.Unrelated Third Party Links and Information. Our Site contains links to other websites or other information and materials provided by third parties (by way of example, links to third party social media websites). We do not own or control such other websites or third parties and are not responsible for the information provided at those websites or in such materials. We do not control, and are not responsible for, their privacy policies or the information collected at such third party websites.
G.Customer Inquiries. We use customer inquiry information to identify Users personally. It is used throughout our business to provide services to Users, and to market new products and services to Users. Customer inquiry information is shared with third parties in the following circumstances: to identify and fix problems with the Services when we are not capable of doing so ourselves. Providers of third party products may require us to provide them with customer inquiry information. When Customer Inquiry Information is shared with third parties in these circumstances, the third parties are required to keep this information confidential. Further, entities that provide products to us may have privacy policies that differ from ours. We will be happy to provide you with the names of those businesses that provide Services through us to you, and links to their privacy policies, on your request.
Information about Children. We do not knowingly collect personally identifiable information from children under the age of 13. If a parent or guardian believes that their child under the age of 13 has provided us with personally identifiable information, they should contact us.
6.Refund & Billing Policy
1. AUTOMATIC RENEWAL Package Renewal. AS SET FORTH IN OUR POLICIES, ALL HOSTING PLANS AND DOMAIN NAMES ARE SET TO AUTOMATICALLY RENEW ON THEIR RENEWAL DATE AFTER THE INITIAL TERM AND ANY RENEWAL TERMS TO PREVENT ANY DISRUPTION IN THE SERVICES. YOUR INITIAL RENEWAL DATE WILL APPEAR ON THE CHECKOUT SCREEN WHEN YOU INITIALLY PURCHASE SERVICES. SUBSEQUENT RENEWAL DATES WILL BE LOCATED ON EVERY INVOICE YOU RECEIVE FROM HostGent HOSTING AS WELL AS THE SERVICES AND DOMAINS SECTIONS OF THE CLIENT PORTAL. Domain Name Renewal. Domain names are set to AUTOMATICALLY RENEW five (5) days before the expiration date to ensure no disruptions occur since URLs will immediately redirect to a landing page if a domain expires. Please note that all payment methods that allow charges to be automatically applied will be charged five (5) days before the domain’s expiration date per the invoice UNLESS YOU CANCEL MORE THAN two (2) days before the renewal date (which is seven (7) days before the extension of domain name service is effective.) If your payment method of choice does not allow automatic payments to be applied, payment must be made manually on or before the invoice due date or the domain name may lapse. Charges. The Due Date for Fees for renewed packages is the package renewal date. Failure to Renew. Accounts that have invoices which are more than fourteen (14) days overdue will be suspended. If a suspended account is to be reactivated, all of the overdue invoices will need to be paid to make it current before the suspension is lifted. Accounts that have invoices more than two months overdue are considered abandoned and will be subject to termination.
2. Responsibility for Payment You are responsible for all charges, costs, expenses and other fees (the “Fees”) associated with your use of the Services once our Services are made available to you. Your first invoice is generated at the time you purchase the Services. An invoice, which will include the duration and price of such renewal for any Renewal Term, is generated three (3) days prior to the first day of the Renewal Term (the “Due Date”) unless other arrangements have been made or a cancellation request has been submitted from the client portal. The invoice will also be available in the “My Invoices” section of the Client Portal. You are responsible for the fees and charges set out within the emailed invoice you pay on the Effective Date and any other invoice generated for a Renewal Term. If paying by credit card, Paypal Billing Agreement, or any other payment method capable of automatic charge, you will be charged on the Due Date. New Services, packages or domains that are ordered and unpaid after seven (7) days will be canceled.In the event that the customer fails to pay for services given, HostGent may assign unpaid late balances to a collection agency for appropriate action. You agree to reimburse HostGent for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses, if legal action is necessary to collect payment on balances due. In the event that the customer fails to pay for Services given, HostGent may assign unpaid late balances to a collection agency for appropriate action. You agree to reimburse HostGent for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses, if legal action is necessary to collect payment on balances due. Price Adjustments. To remain competitive, we occasionally make changes to our plans and pricing. To have your plan updated to current offerings please contact our billing team. We cannot go back and modify invoices that have already been paid but will be happy to modify your plan for new invoices. To remain competitive, we occasionally make changes to our plans and pricing for reasons that include, but are not limited to, fluctuations in non-US Dollar denominated currencies, as detailed in Section 7(b) below. No price changes will be effective without your consent in the middle of an initial term or any Renewal Term but prices may change between Renewal Terms. All price changes will be reflected in the emailed invoice sent to you before any Renewal Term begins. The charges, which may include an adjusted price after you consent to such adjustment OR a new Renewal Term starts, will be applied on the Due Date, as specified above. YOU MUST CANCEL YOUR SUBSCRIPTION TO AVOID AN INVOICE TRIGGERING PAYMENT OF THE ADJUSTED PRICE BEING PROCESSED FOR A RENEWAL TERM. You may also opt to change plans in the middle of a term or Renewal Term. We cannot go back and modify invoices that have already been paid but will be happy to modify your plan, and adjust prices for Services, for new invoices that have not yet been paid for any Renewal Term. Cancellation or Consent to Mid-Term Price Changes. In the event a material change in our business or our supplier’s prices or services requires us to alter our Services offering to you in the middle of the initial or Renewal Term, we will provide you a notice specifying the proposed change(s) in reasonable detail. In the event of such material change(s) to the Services, including but not limited to a change to the duration of the then-current term, the scope or type of Services being offered or the price for such Services, you will have thirty (30) days from the date of such notice to either: (i) consent to the change(s) and accept the altered terms for the Services from the date of your consent or (ii) allow the Services to be terminated after the thirty (30) day period expires. If you do not consent to the changes and accept the altered scope within the thirty (30) day time period, you acknowledge and agree that HostGent may terminate the Services before the end of the then-current term without further notice or consent.
3. Money Back Guarantee Certain Hosting Services carry an unconditional thirty (30) day satisfaction guarantee. To cancel your Hosting Services and receive a refund of our fees, you must contact us via the Client Portal within thirty (30) days from the Effective Date and a refund will be issued. If you cancel (31) to (39) days from the Effective Date, you will be issued a pro-rata refund of fees for Hosting Services based on the unused portion of the Hosting Services left on your current subscription. If you cancel after (39) days from the Effective Date, you are not entitled to any refund and any refund you do receive is at our sole discretion. Refund requests received after one hundred twenty (120) days from the Effective Date will be issued via PayPal. Refunds are not offered for partial months of service. Accounts that are terminated due to violations of our Policies are not eligible for a refund. All third party fees, including domain registration fees, setup fees and migration fees, are non-refundable, non-negotiable and excluded from our Money Back Guarantee. Further, SSL certificates have a Twenty Five (25) day refund window from time of purchase. For Managed WordPress plans that come with an included SSL certificate, any Money Back Guarantee refund requests received after the Twenty Five (25) day SSL refund window but still in the Money Back Guarantee window will have $5.00 held back from any Money Back Guarantee refund. For free domain registration promotions (.com, .net and .org), the retail price of the domain $14.95 will be deducted from any refund amount upon cancellation. You will retain the domain registration.
4. Refunds Accounts that are terminated due to Terms of Service violations are not eligible for a refund or any service credits. Domain registrations, setup fees and migration fees are not refundable. Service credits have no cash value and are extended at our discretion. Service credits expire at the earlier of your account expiring, being terminated, or twenty-four (24) months from the date it was issued. All refunds are subject to the terms of service for any third party payment processor and those terms take precedence over the terms in the TOS and our Policies. In the event we are unable to refund any fees or charges via the method of payment, we will use commercially reasonable efforts to return or credit the appropriate funds to you. If you paid us by credit card we will credit the card on file.
Hostgent has implemented security measures designed to protect the Personal Information you share with us, including physical, electronic and procedural measures. Among other things, we offer HTTPS secure access to most areas on our Services. We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and Third-Party Services for further enhancing the security of our Services and protection of our Visitors' and Users' privacy. If you have any questions regarding the security of our Services, you are welcome to contact us at email@example.com.
8. Maintenance of Information
The information provided to HostGent is saved indefinitely and may be stored in one or more databases directly or indirectly maintained by HostGent. HostGent employs industry standard security measures to protect the confidentiality of the information. While we cannot guarantee that loss, misuse or alteration to data will not occur; we make every effort to prevent such occurrences. Any other particularly sensitive information, such as credit card numbers collected for commercial transactions, is encrypted prior to transmission by you to HostGent. Also you can access, edit and update your personal details in your Lab at any time – however, if you have any issue doing this, just send us a quick message at firstname.lastname@example.org and we will be more than happy to assist you in just a couple of minutes.
9. Your Responsibility
You are responsible for the security of the login information, such as usernames and passwords, which give you access to your private information maintained by HostGent. Make sure you keep login information in a safe place and do not share it with others. Note that key-loggers, viruses, or other surveillance devices can intercept login information on the computers from which you access our Services, so you should take precautions regarding such devices, especially from public computers. In addition, you should always log out from any relevant Services when you are not actively using them.