General Terms and Conditions
and registration policy
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General Provisions
- These General Terms and Conditions (hereinafter referred to as "Terms") contain the general conditions of the contract between Rackhost, Inc. (hereinafter referred to as the "Service Provider") and the Customer for the web hosting, virtual server, server hosting, business email, and domain services provided by the Service Provider. The service contract between the parties, except for the specific provisions of individual contracts, shall be governed by these Terms and the applicable laws.
- The purpose of these Terms is to summarise the general contractual conditions for the services provided by the Service Provider. The services aim to offer a user-friendly interface, optimal operating environment, and fast, reliable internet and data transmission connections.
- Any deviations from these Terms may be recorded in an individual Customer contract. The provisions of the current Terms are an inseparable part of the individual contract between the Service Provider and the Customer. In the event of a conflict between the provisions of the individual contract and the Terms, the provisions of the individual contract shall prevail.
- The parties agree to attempt to resolve any disputes arising from the performance of these Terms through negotiation. If this does not lead to a resolution, the laws and regulations of Hungary shall apply, and the jurisdiction of the Hungarian courts is agreed upon.
- By registering, the Customer declares that they have read and accepted the contractual conditions applicable to the Service Provider's services, data management principles, and agree with all points.
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The Service Provider's details and contact information:
Name: Rackhost, Inc. Address: 169 Madison Ave #2600 New York, NY 10016 Website: www.rackhost.uk Email: info@rackhost.uk
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Services Provided by the Service Provider
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Web Hosting
Upon ordering web hosting services and completing the payment, the Service Provider will provide the Customer with the web hosting plans as listed on the Service Provider’s website. The web hosting plans include the following services, varying in quantity and size depending on the specific plan:- storage space
- email accounts
- domain name assignment
- database creation
- database storage space
- data traffic
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Domain Services
Regarding domain registration, the Service Provider commits to:- Providing an online administrative interface for the registration of new domains or the transfer of domains already registered with another provider, covering the extensions available on the https://www.rackhost.uk/domain-tld page, through which the Customer can provide all necessary data,
- automating domain registration and transfer based on the data provided by the Customer via the online administrative interface,
- maintaining domains previously registered with the Service Provider for an annual fee,
- updating ownership details for previously registered domains for an additional fee,
- reactivating expired domains for an additional fee.
The condition for initiating domain registration is providing ownership data on the online administrative interface provided by the Service Provider and processing the domain registration fee. No refunds are possible after initiating domain registration. Ownership data changes post-registration are only possible for an additional fee. The Service Provider is not responsible for the accuracy of the data provided by the Customer during registration or transfer.
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Customer Support Activities Provided by the Service Provider
The Service Provider undertakes to provide the following customer support activities to the Customer in accordance with the services used and any arising queries:-
Customer Support via Email
24/7 support is available every day of the week, and the Service Provider commits to responding within 3 business days of receiving an inquiry. This support is exclusively for email inquiries. Customer support can be reached at: [email protected]
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Data Required for Contract Conclusion
The condition for concluding the contract is that the Customer provides the Service Provider with the data necessary for personal identification:- For natural persons, this data includes: name, residence, place of stay, maiden name, place and date of birth, ID card number, mobile phone number, and email address. In the case of a person with limited legal capacity, the above data of the legal representative are also required.
- For non-natural persons: name, registered office, company registration number, tax number, bank account number, the name of the representative acting on behalf of the legal entity, their ID card number or passport number, mobile phone number, and email address.
- The Service Provider reserves the right to verify the authenticity of the provided data. If the Customer fails to provide the data necessary or provides false data for concluding the service contract, the contract will be null and void retroactively to the date of conclusion.
- If any of the Customer's details change after the contract has been concluded, the Customer is required to notify the Service Provider within 15 days. The Service Provider will not be liable for any consequences resulting from the failure to report such changes, and the Customer will be responsible for any resulting damages.
- The Service Provider reserves the right to delete the inactive user account of the Customer (which does not contain an active subscription and has not been logged into for more than three years) and the data, history, and credit balances stored in it. The Customer can re-register at any time with the previously provided data.
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Privacy Policy
- The Service Provider treats the data provided during registration and the conclusion of individual contracts as confidential and does not share it with third parties. For a detailed privacy policy, please visit: https://www.rackhost.uk/privacy-policy
- Personal data may only be disclosed to third parties if required by law or based on the authorisation of the law, within the scope defined therein, by a local government decree. By law, public disclosure of personal data can be ordered in the public interest, with explicit indication of the scope of data. In all other cases, public disclosure requires the explicit consent of the data subject, and in the case of special data, written consent is necessary. In case of doubt, it should be presumed that the data subject has not given their consent.
- The confidentiality of the password chosen by the Customer during registration is the responsibility of the Customer. The Service Provider is not liable for any misuse of the password by unauthorised persons.
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Service Fees and Payment Terms
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The Customer pays a service fee to the Service Provider periodically – monthly,
quarterly, semi-annually, or annually, depending on the specific service – for the
services listed in Section 2. The payment dates and conditions for each service are as
follows:
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Web Hosting
Upon initial use of the service, the Service Provider sends a reminder on the day of registration, then a follow-up reminder after 7 days, and if the payment is not made, the order is cancelled.
The due date for the service fee is the date of order. For monthly subscriptions, the payment date is the 7th day after the payment request is issued.
The Service Provider sends reminders to the Customer 7 days before and on the due date. If the payment is not made, the service is cancelled on the 7th day. For quarterly, semi-annual, and annual subscriptions, the Service Provider sends reminders 30 days before the service expires, 14 days before, and on the expiration date. If the Customer fails to pay, reminders are sent on the 7th and 21st days after the due date, and the service is cancelled on the 30th day. -
System Administration and Other Services
- General system administration support: 45 € per hour (or part thereof)
- Webmaster support (restoring a backup): one-time fee of 25 €
- Webmaster support (restoring deleted hosting): one-time fee of 30 €
- Content management system installation: one-time fee of 12 €
- Domain forwarding: 10 € per year
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- The current prices of the services provided by the Service Provider are listed on the Service Provider’s website for each service.
- Invoices issued by the Service Provider can be accessed from the customer’s individual admin interface.
- The Service Provider offers some services as intermediary services, which are indicated on the invoices.
- The Service Provider offers a money-back guarantee in accordance with the terms of the refund policy.
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The Customer pays a service fee to the Service Provider periodically – monthly,
quarterly, semi-annually, or annually, depending on the specific service – for the
services listed in Section 2. The payment dates and conditions for each service are as
follows:
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In Case of Outstanding Invoices
- If the Customer has an outstanding invoice for more than 30 days, the Service Provider reserves the right to restrict any of the Customer’s services. The extent of the restriction is determined by the Service Provider based on the amount of the outstanding invoice. If the Customer fails to settle the outstanding amount despite the payment reminder, the Service Provider is entitled to suspend the affected service immediately until the outstanding amount is settled. The regular service fee remains payable for the duration of such suspension caused by non-payment.
- In case of outstanding invoices, the Service Provider is entitled to assign the claim to another party. In the event of such an assignment, the Service Provider is obliged to inform the Customer within 3 days about the identity of the new creditor, the exact amount of the assigned claim, and a detailed statement of the monthly fees forming the basis of the assigned amount. Upon receipt of the notification about the assignment, meaning the transfer of the Customer’s outstanding debt claim, the Customer must settle the outstanding invoice amount not with the Service Provider but with the assignee. Along with the transfer of the claim, the lien also transfers to the new creditor.
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Contract Duration, Modification, and Termination
- The parties enter into the contract for an indefinite period. The possibility of concluding a fixed-term contract exists only in the case of an individual agreement.
- an individual agreement. The Service Provider is entitled to unilaterally modify the contract in cases where certain costs (such as electricity fees, internet connection costs) significantly increase due to reasons beyond the Service Provider's control. In such cases, the Service Provider will notify the Customer of the conditions to be modified by letter or email. If the Customer does not make any comments or raise objections within 30 days following the notification, it is considered as automatic acceptance of the modifications. If the Customer finds the new conditions unacceptable and notifies the Service Provider within 30 days, they may terminate the contract unconditionally.
- For previously concluded fixed-term contracts, the individual contracts provide details on the prices and their development.
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Regarding the services listed in Section 2, the Service Provider undertakes to notify
the Customer about the expiration of the service before the expiration date, on the
expiration date, and after the expiration date, as specified in Section 7, and to draw
the Customer's attention to the next period's performance. Ignoring the sent email does
not cancel the payment obligation.
It is the Customer's responsibility to provide a contact that is regularly monitored. If an email address, phone number, or other contact information is provided that is not monitored or checked, the Customer is not exempt from the payment obligation. - The Customer may terminate the contract at any time, unconditionally, regardless of the contract duration. In the case of terminating a fixed-term service before its expiration, the Service Provider is not obliged to make any refunds, and the Customer cannot request a proportional reduction of the service fee for the remaining period.
- After the invoice has been issued, modifications to the billing information can only be made for a modification fee of 8 € per invoice.
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Incidents
- The Service Provider guarantees that all services provided are operational from the date of performance. The Service Provider will make every reasonable effort to ensure the efficiency and continuity of the services throughout the entire service period. In the event of operational failures, data loss, or other deficiencies in the service due to the Service Provider’s fault, the Service Provider’s liability for damages to the Customer is limited to the amount of the subscription fee for the affected period. Beyond this, the Service Provider is not liable to the Customer or their clients and users for any losses, particularly data loss, or any indirect or direct damages resulting from service failures or deficiencies, regardless of the Service Provider’s fault, or due to the Customer's actions.
- With regard to the services listed in Section 2, the Service Provider's liability for operational failures or data loss due to its fault, as well as for any erroneous or delayed performance, shall be limited to the subscription fee for the affected period and service. In all other respects, the Service Provider expressly excludes any liability for damages.
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If a downtime occurs without prior notice, the Service Provider will grant the following
discounts to the Customer based on the duration of the downtime for the given month:
- 7-10 hours: 30% reduction in the service fee
- 10-14 hours: 50% reduction in the service fee
- More than 14 hours: full waiver of the service fee
- The Service Provider is not responsible for downtimes caused by the Customer, nor for partial or complete downtimes resulting from abnormal configurations or improper functioning of other service providers’ equipment.
- The Customer agrees to remove any unlawful materials as soon as possible following a request to do so; otherwise, the Service Provider reserves the right to suspend the relevant service immediately. During the period of service suspension for this reason, the regular service fee shall remain payable.
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Special Cases
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The Service Provider reserves the right to restrict the service if the Customer uses the
service in a manner that violates the general rules of the Internet. The following are
considered particularly relevant cases:
- sending SPAM emails (unsolicited business or promotional emails),
- operating an open relay mail server,
- forging email addresses,
- IP address spoofing,
- other cases classified under the applicable criminal code.
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Erotic Content
In the case of erotic content, the Customer must always notify the Service Provider in advance of their intention and may only upload such content after it has been approved.
Erotic content may be uploaded only if the Customer complies with the relevant legal requirements and ensures the placement of appropriate warnings. When uploading erotic content, the Customer must exercise special care, considering copyright protection, advertising regulations, and other related legal provisions. -
Coupon Policy
The rules regarding the use of coupons are detailed under the coupon usage terms and conditions.
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The Service Provider reserves the right to restrict the service if the Customer uses the
service in a manner that violates the general rules of the Internet. The following are
considered particularly relevant cases:
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Activities Subject to General Prohibition
- The use of the Service Provider’s logo or name in a manner that implies any relationship other than a customer relationship is prohibited.
- It is forbidden to circumvent or attempt to circumvent the restrictions and regulations implemented by the Service Provider.
- Content that violates laws or regulations, infringes the rights of others, incites racial hatred, supports illegal activities, provides assistance in carrying out illegal activities, or aids in activities that violate internet etiquette may not be placed on the server.
- Operating services from the server that cause unreasonable load is prohibited.
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Complaint Handling
- Any objections, comments, or notifications related to the Service Provider’s activities, services, employees, or omissions can be reported by the Customer through the customer service options listed in Section 3. The Service Provider will promptly investigate and, where possible, resolve any complaints submitted by the Customer.
- The Customer is required to submit official complaints to the Service Provider via email.
- If a complaint is submitted in a manner other than as specified in these Terms, the Service Provider disclaims any liability regarding compliance with the response deadline.
- In the event of a rejected complaint, the Customer retains all rights to legal remedies as prescribed by law.
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Modification of the General Terms and Conditions
The Service Provider is entitled to unilaterally modify these Terms. The Service Provider will publish the modifications on the Service Provider’s website by way of an Announcement 30 days prior to the effective date of the modifications. If the Customer does not make any comments or raise objections during the period from publication to the effective date, their behaviour will be deemed as automatic acceptance of the modifications.
These Terms are effective as of 1 October 2024.