General Terms of Service (ToS) – Updated on 02/o8/2018
El Kupi agrees to provide and furnish services to the Customer, subject to the following Terms of Service (ToS). Use of the El Kupi service constitutes acceptance and agreement to our Terms of Service (ToS). We reserve the right to make changes to the provided Terms of Service (ToS) as needed, without notice to our clients.
- Delivery of Services and Terms
Customer agrees to pay El Kupi the fees charged by El Kupi for (i) the Service(s) during the Initial Term and for any Renewal Term, and (ii) certain limited services and equipment needed by Customer on a “one-off” or emergency basis (“Supplemental Services”) where such services are not included within the scope of the Services as described in the Order Form(s). Customer agrees to pay El Kupi the fees charged by El Kupi for Supplemental Services, and hereby authorizes El Kupi to perform such services on its behalf.
- Use of El Kupi services
To ensure the integrity and efficiency of all services provided by El Kupi, all Customers must abide to the service terms described below.
2.1 Server space and bandwidth
Customer may only occupy the allocated disk space, bandwidth, and Mbps speed, as described in the Order Form. Additional fees will be charged for exceeding these resources.
If the se resources are excessive the point that it is disrupting other accounts holders on the same server, El Kupi reserves the right to deactivate the service until a resolution is reached.
2.2 Sharing account resources
We allow a Customer sharing his or her account resources with other non-account holders.
However, it is strictly forbidden to give away and/or sell the services provided by El Kupi within or in addition to an existing account with El Kupi Consequences may lead to permanent service suspension.
2.3 Excessive Resource Usage and/or Abuse
Any account that affects to full-function of operation of any other services provided to other Customers may face a temporary suspension until a resolution is reached.
2.4 Acceptance Use Policy
Activities identified in the https://elkupi.com/acceptable-use-policy/ are strictly forbidden. If any of these activities are detected, all accounts associated with these activities will be permanently terminated and no refund shall be granted.
- Fees and Payment Terms
Customer will pay all fees due according to the prices and terms listed in the Order Form(s) and all other fees incurred by the Customer related to the Supplemental Services, Professional Services, reinstatement of service fees and fees for switching or upgrading servers, all in accordance with the current El Kupi prices and policies.
3.1 Invoice Notifications
El Kupi will send any invoices to the main email account of the owner of the account based on the service terms. El Kupi cannot guarantee that this email will be received by the client. As an option, we provide the Customer a Billing Control Panel (also referred to as a Client Portal) where the service invoices can be reviewed and paid.
3.2 Suspensions and Termination
Any payment not received within three (3) days of the invoice due date, El Kupi reserves the right to suspend the service without any notice. If after fourteen (14) days of not receiving payment confirmation, El Kupi reserves the right to terminate the service, and consequently remove all existing content (data, emails, files, etc.), without any further notice.
3.3 Account cancellations
Customers who are not under contract can cancel their account in any billing cycle. Account cancellations must be made at least four (4) days in advance via our Billing Control Panel (Client Portal). El Kupi is not responsible for additional charges made after cancellation. If a payment is deducted after cancellation, El Kupi may refund it.
- Intellectual Property Ownership
This Agreement does not transfer from El Kupi to Customer any El Kupi Technology, and all right, title and interest in and to El Kupi will remain solely with El Kupi This Agreement does not transfer from Customer to El Kupi any Customer Technology, and all right, title and interest in and to Customer Technology will remain solely with Customer. El Kupi and Customer each agree that it will not, directly or indirectly, reverse engineer, decompose, disassemble or otherwise attempt to derive source code or other trade secrets from the other party and/or its third party vendors.
- Limited Warranties
Each of the guarantees in the Order Form(s) is null and void if Customer fails to follow El Kupi terms of service or otherwise breaches the Agreement in any respect.
5.1. No other Warranty
El Kupi does not monitor or exercise control over the content of the information transmitted through its infrastructure. Use of services or any information that may be obtained there from at Customer’s own risk. The services are provided on an ‘as is’ basis, and customer’s use of the services at its own risk. Except as provided in the order form(s), El Kupi does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage or trade practice. El Kupi does not warrant that the services will be uninterrupted, error-free or completely secure.
5.2 Disclaimer of Actions Caused by and/or Under the Control of Third Parties
El Kupi does not and cannot control the flow of information to or from El Kupi network and other areas of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt Customer’s connections to the Internet (or areas thereof). El Kupi cannot guarantee that such events will not occur. Accordingly, El Kupi disclaims any and all liability resulting from or related to such events.
- Limitations of Liability
In no events shall El Kupi be liable for damages resulting from loss of data, profits, use of the El Kupi site or any El Kupi services, for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall El Kupi cumulative liability exceed an amount greater than the clients’ associated hosting fee (less set-up fees, domain registration, and overages).
You agree to indemnify, defend, and hold harmless El Kupi from any and all liabilities, penalties, losses, damages, costs, expenses, attorney’s fees, causes of action and/or claims caused by or resulting indirectly from your use of our services.
Backup. Customer will be responsible for backup and other protection of its data against loss,
damage, or destruction. El Kupi will have no obligation or liability with respect to lost, damaged, or destroyed data.
- Payments, Cancellations and Refunds
All invoices must be paid within 3 days after invoice has been emitted, in order to avoid suspension of the services. During these days, you will be receiving emails with payment reminder notes, if payment has not been processed, Suspension of services will be done on the 3rd day after invoice has been emitted. The Termination of the services will be done on the 15th day after invoice has been emitted; this means that the service we offer you will be cancelled and your data will no longer be available.
To terminate your service, you must cancel it via our Billing Panel (Client Portal). This can be done by logging in at https://bill.elkupi.com.
A Customer can also request cancellation to the ticket system that is accessible through the Billing Panel (Client Portal). A Customer must be logged into his or her account that uses the service for verification purposes.
In case of PayPal subscriptions, in addition to requesting cancellation via our billing panel at https://bill.elkupi.com, you must cancel any active PayPal recurring payment subscriptions by logging to your PayPal account and request the cancellation directly to PayPal. As El Kupi does not have access to client’s PayPal account, we cannot and will not be responsible for unintended payments made from using the automatic payment subscription service. We do, however, provide refunds for unintended payments after cancellation upon request.
Cancelling your account removes your website’s files from our services. Be sure that you have copies of any files you want to keep before you cancel your account.
7.3 Refund policy
El Kupi has a 30-days money back guarantee that applies for all shared hosting and VPS services. There is no refund for payments made with Bitcoin. There is also no refund for payments made for any types of domains or control panel licenses.
Once 30 days from the date of the initial order are over, full refund, partial refund, or prorated refund is no longer applicable.
There is no refund for payments made with Bitcoin. If a client orders our services for the purpose of engaging in illegal activities or activities that we have prohibited and listed in our prohibition list, we, El Kupi, has the right to refuse refunding this client. In addition, we have the right to terminate his or her client without prior notification.
7.4 PayPal Chargebacks
If a client requested a chargeback on a PayPal payment prior to the cancellation of his El Kupi services, as well without any notification to El Kupi and without attempting to reach a resolution, he or she is not entitled to a refund to the chargeback. We mark this activity as fraud because the the services continue to operate on El Kupi for an indefinite period.
7.5 International bank transfers
If you are wiring money directly to the bank account of El Kupi from a country outside of the EU, your payment is considered a international bank transfer payment. All invoices paid via this method are required to pay an additional 14 euro fee.
- Scheduled Downtime
Scheduled downtime occurs during notified downtime periods, with as much advance warnings as possible via e-mail with a minimum of 24 hours notice. Downtime caused by scheduled network upgrades will not be eligible for refund.
El Kupi makes no warranty or guarantee whatsoever regarding the Service, and to the extend permitted by applicable law, disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Applicable law and conditions
9.1 All agreements between the CUSTOMER and El Kupi are governed exclusively by Dutch law. Any applicability of the Vienna Sales Convention is excluded.
9.2 These General Terms of Service and any Service Order shall be interpreted in accordance with
Dutch Law. Any disputes arising out of or in relation to a Contact shall be exclusively brought before
the courts of Amsterdam.
9.3 The CUSTOMER shall observe all Laws, rules, codes and regulations applicable in Netherlands regarding the usage of Hosting Services and the types of Hosted Materials.
- Terms of Service
El Kupi reserves the right to change the terms set forth to its clients at any time, without any form of notice to our clients, non-clients, or general public. At all times, customers are bound to terms set forth. In no event shall El Kupi or its staff’s lack of enforcement of these terms constitute a waiver of these terms at any time.