1. Provision of services
2. Using Servers
2.1 The services offered on this site may be used only for legal purposes.
2.2 This site deals exclusively with the services of a data center. When purchasing any dedicated server or virtual server or cloud services or similar services, the client will be provided with an access password for the purchased services. From the moment the password is sent to the customer, the services, the content of the hosted data and their security become entirely the responsibility of the client, and he is the sole responsible person for them.
2.3 No hosting, proxy servers, streaming, IRC, file hosting, tracking, Direct Connect hubs, pornographic sites, and any kind of hosting, free of charge, and / or public is allowed without the written approval granted by Host Expert.
2.4 It is strictly forbidden for any server to run the following services and sites: flood software, sniffing/cracking/hacking software, SPAM or UCE software, IRC bots and/or servers, torrent servers or clients, Direct Connect servers or clients, proxy servers or similar applications. Also, it is forbidden to use servers to send SPAM or UCE, with or without the client’s request. It is forbidden to run real-time games or intensive CPU applications on all virtual servers. This leads to the immediate suspension of the contracted services, without the possibility of returning the money. The Client understands and agrees that securing dedicated, virtual, cloud or similar servers is their responsibility and he is solely responsible for it. However, it is forbidden to host any pirated or non-licensed software on the contracted servers.
2.5 Customers will not store content of the type mentioned above on the server nor will they transmit it using the available e-mail service or by any other means involving the transmission environment owned by the Host Expert, its partners or suppliers. Host Expert reserves the right to determine whether there is any prohibited data. Host Expert reserves the right to remove any data without prior notice and to suspend or terminate (if applicable) the unilateral contract without returning the services’ value.
2.6 Host Expert will provide technical support to its customers. Technical support is available 24x7 for applications via support or e-mail. Customer understands and agrees that the Host Expert will do its best to ensure the best possible service performance, but is not contractually bound to provide assistance regardless of the problem. Thus, some of the services are taxable as “Management” services and can only be rendered with the customer’s consent, by prior payment of their value. Host Expert reserves the right to determine at any time whether a specific support service falls under “Management”.
3. Anti-SPAM policy
3.1 By SPAM Host Expert understands ANY UNREQUESTED EMAIL RELATED TO THE BUSINESS NATURE OR NOT. Host Expert forbids all clients to send SPAM. Host Expert will suspend the client’s account if it sends SPAM. Client wil be charged € 50 plus VAT for delisting of each IP from antipam database. Reopening the account is charged € 100 plus VAT and includes the related administrative charges. For repeated abuses, the client’s account will be closed without the possibility of returning the service equivalent.
3.2 To report any SPAM abuse please contact mailto:email@example.com
4.1 All services on this site are paid at least one month in advance according to the pro forma invoice issued at the beginning of each contractual month or for the purchase of a recurring or non-recurring service. Recurring services are services that are paid in advance for a specified period of time and which, by default, expire after they have been rendered at that time, and for the extension the payment of the invoice is required.
4.2 Host Expert only accepts bank transfer payments. All prices displayed on the site are in EURO and do not include VAT. The payment is made at the NBR exchange rate on the day the invoice is issued.
4.3 All payments must be made before the renewal of the purchased service. The service is considered renewed upon confirmation of payment.
4.4 Payments can be made in EUR, USD or RON. For more information about payments, go to the “Billing and Payment Policy” menu.
4.5 The Client agrees to receive informational emails from the Host Expert administrators regarding the status of the account, as well as any other information related to Host Expert.
5. Data Sharing and Shared Resources
5.1 The client understands and agrees that the network resources he uses are limited and shared. For this purpose, limitations on any resources by administrative staff may be imposed at any time. If a server is closed for overflows of shared resources Host Expert reserves the right to return outstanding amounts to the customer until termination of the contract if he has paid in advance for a period longer than one month less the 10 € + VAT refund management fee.
5.2 All servers must remain within the purchased limits. Host Expert understands that in the case of collocated customers there is a possibility that the allocated traffic is overhead. These overdoses will not be charged extra, provided they are short-lived, not to be frequent and not sustained traffic. Host Expert reserves the right to make a subjective decision on what constitutes overtaking of traffic or any type of consumption.
5.3 In the case of customers with limited traffic, traffic overruns will be charged provided this is contractually specified between the customer and the Host Expert. Otherwise, traffic overrun will cause the service to be suspended until the traffic counter is reset.
5.4 If there is an overshoot of resources allocated to a particular server, Host Expert will limit indefinitely the shared resources on which it believes that customer abuse has occurred. The customer agrees to receive from Host Expert via e-mail and/or SMS the commercial offer for a possible upgrade.
5.5 In the case of online orders, customers may close their accounts by prior notice at least 30 days before it takes effect or by request from the client account at least 30 days before it takes effect. All payments made in advance are non-refundable.
6. Unlimited traffic
6.1 For servers with unlimited traffic, limitations are not applied to the amount of data transferred during the contracted period.
6.2 For dedicated Servers in the “VDS personal” range, the guaranteed transfer speed is 100 Mbps (50 Mbps download/50 Mbps upload).
6.3 For dedicated servers in the “VDS Business” and "Best Price" range, the guaranteed transfer rate is 150 Mbps (75 Mbps download/75 Mbps upload).
6.4 For dedicated servers in the “Best Value” range, the guaranteed transfer speed is 200 Mbps (100 Mbps download/100 Mbps upload).
6.5 For dedicated servers in the "Best Performance" range, the guaranteed transfer speed is 250 Mbps (125 Mbps download/125 Mbps upload).
6.6 If a customer has multiple dedicated servers, the total guaranteed transfer rate for the entire dedicated server set is the highest guaranteed speed applicable to the highest performing server according to paragraphs 6.2, 6.3, 6.4 and 6.5.
6.6 For all servers, the maximum transfer speed is the one specified on the site, in Annex 1 to the written contract or in the technical product or service sheet.
7. Traffic counted
7.1 In the case of metered traffic systems, the maximum access speed is the one specified on the site, in Annex 1 to the written contract or in the technical datasheet of the product or service. When the traffic is over, the system is suspended for an indefinite period. Restore of the suspended system can only be done on the basis of upgrading to a higher traffic system or to any system with uncontrolled traffic.
8. Data Recovery
8.1 The Client understands that regardless of the available backup solutions or not through the Host Expert services, he is solely responsible for backing up on his own systems the data stored through any contracted service.
8.2 Recovering data in the event of corruption (defective and unrecovered RAID arrays, defective hard drives, etc.) is an optional service. The service charge is 200 EUR plus VAT. The service is available to the customer upon request. Once the data has been successfully or partially recovered, the customer may or may not agree to payment of the invoice. Payment of the invoice involves customer acceptance for the retrieved data to be delivered in the recovered form. Host Expert does not provide any warranty for the complete or partial compliance of the data recovered with the original.
8.3 If the customer wants to recover the data (backup) from any suspended system or not through the Host Expert’s technical staff, this service is charged in advance with 20 Euro plus VAT.
9.1 Upgrading is a shift to a higher service than contracted.
9.2 Customers can upgrade at any time to any purchased service within the technical capabilities and according to the Host Expert offer. The next invoice will include the payment for the new upgrade package.
9.3 Upgrade takes effect immediately after the price difference is paid by the customer and confirmed, subject to the technical feasibility and availability of the necessary equipment to the suppliers.
10.1 Downgrade is the shift to a lower service than the one ordered.
10.2 In order to downgrade a current service, it must have been used for a minimum of 3 months. Downgrades at intervals of less than 3 months are not accepted.
11. Limitation of Liability
11.1 The Host Expert and any of the Company’s employees cannot be held responsible for any damages and/or direct or indirect harm suffered by the customer. Host Expert offers no warranties regarding the services offered for any determined or indefinite purpose.
12.1 The Parties will attempt to settle any amicable settlement within 15 days of its occurrence. Any communication between the parties will be considered only in writing.
12.2 If the parties cannot reach a consensus, they will be able to address the court. The competent court is the one in the city where the supplier is located.
13.1 The Customer understands and agrees that the Host Expert may modify this unilateral Contract without prior notice if it wishes. The customer is obliged to comply with the new terms and conditions set forth in the new Contract for the following months in which the services are rendered in order to benefit from them.
14. The right to select our customers
14.1 All customers who wish to use Host Expert services must fully comply with the terms of this document permanently in order to use the Host Expert services.
14.2 Failure to observe any of the conditions of use in this document is considered sufficient reason for immediate termination without the possibility of partial or total repayment of any contracted service.