SERVICE AGREEMENT (PUBLIC OFFER)
Edition applicable to services provided by FastWarp LLP (United Kingdom), IPHOSTER OÜ (Estonia) or affiliated sole proprietors as indicated in the issued invoice.
1. GENERAL PROVISIONS
“We”, “our”, “us”, the “Service Provider” (hereinafter also referred to as the “Provider”) — the legal entity indicated in the respective invoice and payment details issued to the Client.
“You”, “Client”, “Customer”, “User” — an individual or legal entity that has accepted this offer.
“IPHOSTER brand”, “iphoster.net”, “iphoster.ee” — trade names and domain names/websites through which the Client accesses the Provider’s services. Use of these domains does not constitute a separate legal entity.
Other terms are provided in Appendix A.
1.2. This Agreement (public offer) governs the provision of services under the “IPHOSTER” brand. The contractual service provider shall be the legal entity indicated in the respective invoice issued to the Client.
1.3. Acceptance of the offer (acceptance) occurs upon registration in the billing system and/or payment of an invoice, and/or actual use of the services. From the moment of acceptance, the Agreement is deemed concluded.
1.4. The use of the domains iphoster.net and iphoster.ee constitutes access to services under the “IPHOSTER” brand. The specific legal entity acting as the Service Provider is determined by the issued invoice and payment details.
1.5. Depending on the selected payment method and the issued invoice, services may be provided by FastWarp LLP (United Kingdom), IPHOSTER OÜ (Estonia) or an affiliated sole proprietor identified in the issued invoice.
2. SUBJECT MATTER AND SERVICES
2.1. The Provider delivers hosting, reseller hosting, VPS/VDS, dedicated servers, domain registrations, SSL certificates, licences and other related services (the “Services”) as per the Client’s selected plans/orders.
2.2. The composition/scope/parameters/limitations of the Services are defined by the effective tariffs and descriptions on iphoster.net, iphoster.ee, fastwarp.uk and/or in the Client’s invoice.
2.3. Services are rendered remotely, 24/7, except during maintenance windows, incidents and other circumstances provided for in this Agreement.
2.4. The Provider may use infrastructure resources, including but not limited to IP address blocks, hardware equipment, network facilities, data centre services and technical systems, owned or supplied by affiliated or third-party entities under internal agreements. Such arrangements do not create contractual relations between the Client and such entities.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Provider’s Obligations
- Deliver Services of appropriate quality within the ordered/paid parameters.
- Maintain infrastructure operation and monitor equipment performance.
- Notify at least 24 hours in advance of scheduled maintenance (excluding emergencies/force majeure).
- Maintain confidentiality of the Client’s data and correspondence.
- Publish official notices on the website regarding tariffs, maintenance and material changes.
- Not interfere with the Client’s environment unless necessary, except in cases of security threats/abuse incidents/lawful requests.
3.2. Client’s Obligations
- Provide accurate data (including KYC documents upon request).
- Pay for the Services fully and on time.
- Use the Services lawfully and in good faith, and comply with the AUP (spam, phishing, malicious activity, intrusion, DDoS, resource abuse, IP infringements, fraud, crypto-mining on shared plans, Tor/proxy in breach of law/DC rules, etc. are prohibited).
- Arrange independent backups (unless included in the plan).
- Keep software/configurations up to date; possess basic admin skills for VPS/Dedicated.
3.3. Provider’s Rights
- Suspend Services for non-payment/AUP breaches/threats to infrastructure/lawful requests.
- Conduct KYC/technical checks without prior notice upon reasonable suspicion.
- Terminate this Agreement for repeated breaches by electronic notice.
- Propose upgrades/migration or temporarily limit service in case of excessive resource consumption.
3.4. Client’s Rights
- Receive Services in accordance with this Agreement and paid parameters.
- Submit comments/requests regarding service quality.
- Obtain consultations under first-line support.
- Terminate this Agreement under Section 7 subject to refund rules.
4. PRICES AND PAYMENT
4.1. Service fees are defined by the tariffs on the Provider’s official websites. Prices may be displayed in a chosen currency; if paying in another currency, the payment system/bank exchange rate applies.
4.2. Payments are accepted by the respective service provider indicated in the issued invoice and payment details. A payment is considered completed after confirmation by the relevant payment system.
4.3. The Client is responsible for accurate and timely payment. Unpaid services may be suspended/deleted after a grace period.
4.4. Payment system fees and interbank charges are non-refundable unless expressly provided by the refund policy.
4.5. Chargebacks/disputes: if a chargeback is initiated, service provision may be suspended until resolution; in case of an unfounded chargeback, incurred costs may be withheld.
4.6. Change of payment details: the Provider will notify by website publication and/or e-mail; payments to outdated details are at the payer’s risk.
4.7. Refunds: domains, SSL, licences, dedicated servers are generally non-refundable (pass-through cost), unless specified otherwise. For other services — partial refunds for unused periods (subject to no breaches) within 1–14 days; refunds are made to the original funding source, net of actual costs.
4.8. Taxes shall be applied in accordance with the legislation applicable to the respective Service Provider and, where required, the Client’s jurisdiction.
4.9. The Provider may revise prices/introduce new plans by publishing changes. Termination does not relieve the Client from paying existing arrears.
5. DELIVERY TERMS
5.1. Most services are activated automatically; some are semi-automatic and may require manual confirmation.
5.2. The next billing period starts from the activation date/funds receipt (whichever occurs first, unless stated otherwise in the invoice/account).
5.3. Delays may occur due to resource shortages, holidays, registrar/vendor/DC actions; such delays are not a breach. The Provider will make reasonable efforts to minimise delays.
6. CLAIMS AND DISPUTE RESOLUTION
6.1. The Parties will endeavour to resolve disputes by negotiation via the ticket system/e-mail.
6.2. Quality claims are considered upon a valid accepted Agreement and confirmed payments.
6.3. To investigate incidents, the Provider may involve independent experts/vendors.
6.4. Upon an abuse notice, the Client must remedy violations within 24 hours; otherwise, the service may be limited/suspended.
6.5. E-mails with preserved technical headers may be used as evidence; without headers, an e-mail is not proper evidence.
7. FORMATION, TERM, AMENDMENTS AND TERMINATION
7.1. The Agreement is formed upon acceptance and remains in force indefinitely subject to due payment.
7.2. The Provider may amend this Agreement by publishing a new edition on the website and, where possible, notifying by e-mail. Continued use after publication constitutes consent to the changes.
7.3. The Client may terminate the Agreement at any time via the ticket system; refunds — see Section 4.7.
7.4. Termination does not release the Client from paying for services already rendered.
8. LIABILITY
8.1. The Provider is not liable for the quality of external communication channels, actions of third parties (registrars, data centres, ISPs, payment systems), third-party software errors, or downtime caused by force majeure/the Client’s actions.
8.2. The Provider is not liable for the content/legality of the Client’s data, loss of profit, indirect/consequential damages, or damage caused by unlicensed software or improper actions of the Client/third parties.
8.3. The Provider’s liability is limited to the amount actually paid by the Client for the relevant service for the last paid period.
8.4. SLA/uptime (where applicable for a specific service) and the amount of credits/compensation are defined by a separate policy and applied upon the Client’s request within the paid service cost.
8.5. The Client acknowledges that the legal entity identified in the invoice and payment details is the sole contractual counterparty and bears contractual liability for the respective services.
9. FORCE MAJEURE
9.1. Neither Party is liable for non-performance/improper performance caused by force majeure (natural disasters, wars, revolutions, strikes, terrorist acts, robberies, supplier bankruptcies, DC accidents, third-party software errors, legislative changes, government actions and other events).
9.2. A Party learning of the occurrence/approach of such circumstances shall notify the other Party within a reasonable time.
9.3. Performance is suspended for the duration of force majeure; if it lasts more than three months, either Party may terminate the Agreement.
10. FINAL PROVISIONS
10.1. This Agreement shall be governed by the laws applicable to the respective Service Provider as identified in the issued invoice.
10.2. The Service Provider shall comply with applicable data protection legislation relevant to its jurisdiction, including where applicable UK GDPR, EU GDPR or other mandatory data protection laws.
10.3. Invalidity of any provision does not affect the validity of the remaining provisions.
10.4. The electronic form of this Agreement (website/billing publication) has full legal force.
10.5. Each legal entity acting as a service provider under this Agreement shall be responsible for its respective services as identified in the issued invoice.
10.6. Use of the “IPHOSTER” brand and the domains iphoster.net/iphoster.ee signifies access to services under the IPHOSTER brand. The specific Service Provider is determined by the issued invoice and payment details.
10.7. Nothing in this Agreement shall limit or exclude mandatory consumer protection rights applicable under the laws of the Client’s jurisdiction where such laws apply.
10.8. Any disputes arising out of or in connection with this Agreement shall be subject to the competent courts of the jurisdiction applicable to the respective Service Provider, unless mandatory consumer protection law provides otherwise.
10.9. The Service Provider may assign or transfer this Agreement to an affiliated entity, provided that the Client’s rights are not materially adversely affected.
APPENDICES
Appendix 1. Domain Name Registration Rules
- Each Client must review these rules before submitting a domain registration request.
- The IANA (Internet Assigned Numbers Authority) manages top-level domains based on ISO 3166-1. Assignment is carried out in coordination with national internet communities and in accordance with their codes.
- The Provider registers only those domain names listed as available on the Provider’s official website.
- Domains are registered for a period starting from 1 year with yearly renewals; in some zones up to 10 years.
- Domains registered via the Provider must be used exclusively for lawful purposes and must not violate the laws of any country.
- The Client must read and comply with the registration/use policies of the relevant domain zones (registry/registrar rules).
- Registering domains in violation of this Public Offer is prohibited.
- To be registered, a domain name must be available.
- Delegation, de-delegation, transfer and servicing of domains are carried out via the Provider’s website unless otherwise specified.
- The Provider is not responsible for domain operation if it is served on third-party DNS servers.
- The Provider is not responsible for registration delays caused by technical issues at registrars/registries.
- Domain availability checks (“taken”, “available”, “error”) are indicative only.
- The Provider is not responsible for the correct operation of WHOIS services.
- The Provider does not perform drop-catching of expiring domains and is not obliged to register such domains.
- The Client must provide accurate personal data when registering a domain (name, address, phone, e-mail, etc.).
- Renewals should be made no later than 10 days before expiry. If payment is delayed by more than 20 days, the domain may be de-delegated and released for others to register.
- A domain may be delegated to DNS servers of any hosting provider or registrar that supports DNS.
- Personal data provided during registration may be publicly visible via WHOIS unless privacy is purchased.
- The Provider does not guarantee instant DNS updates; technical delays are possible.
- Domains are registered strictly to the data supplied by the Client, who bears responsibility for its accuracy.
- To transfer a domain to the Provider the Client must provide the authorisation (EPP) code and pay any applicable transfer fee.
- To transfer a domain away from the Provider the Client must pay for renewal if less than 60 days remain until expiry (as per registry policies).
- This appendix may be amended by the Provider without prior consent; changes are published on the official website.
- In case of violations of these rules or the Agreement, registration/renewal may be refused, suspended or cancelled.
- Domain registration fees are non-refundable unless otherwise provided by the relevant registry’s policy.
Appendix 2. Support Service Regulations
Ticket, ticket system — a means of exchanging information between the Client and the Provider.
- Support is provided via the Provider’s official website through the ticket system (single support centre).
- Only Clients with active paid services may use support.
- Support operates 24/7.
- Sales, complaints and management are available daily from 10:00 to 23:00 (server time).
- Average response time is 30 minutes to 12 hours depending on priority and workload. Instant responses are not guaranteed.
- Support is provided upon a properly submitted ticket or an e-mail to the official support address.
- Priorities: low (non-urgent), medium (important), high (critical/emergency).
- Support is provided in writing via the ticket system or verbally via agreed channels.
- The Client must provide complete and accurate information: access credentials, problem description, reproduction steps, etc.
- Complaints about support are sent to the complaints department with details and the ticket number.
- Support provides accurate information necessary to resolve issues related to the Provider’s services.
- Setup/consulting for third-party software is outside the support scope and may be provided at the Provider’s discretion on a paid basis.
- Support may be temporarily suspended for technical reasons (software updates, site unavailability, DC incidents, etc.) under the “Force Majeure” section.
- Support is not responsible for the correct operation of the Client’s sites/applications.
- FAQs may be answered with links to guides or official vendor documentation.
- If no reply is received within the time in item 5, the Client may create an additional ticket referencing the previous one.
- Prohibited: contacting while intoxicated, using obscene language (including veiled profanity), abusing duplicate tickets.
- The regulations may be amended without prior consent; the current version is published on the website.
- Violations may result in limited or disabled access to support.
Appendix 3. Affiliate Programme
Definitions: “Referrer” — a Client who attracts new Clients; “Referral” — a Client attracted by the Referrer; “Affiliate” — an active Client participating in the programme.
- Only an Affiliate who has fulfilled clause 2.2.1 of the main Agreement may participate.
- New Clients are attracted via a unique affiliate link from the personal account; other methods are not allowed.
- Only lawful promotion methods are permitted. Prohibited: spam, aggressive marketing, cookie stuffing, incentivised traffic without consent, misleading users, using the Provider’s brand in ads without approval.
- A percentage of paid orders of Referrals is credited to the affiliate account; refunds/trials/cancelled orders are excluded.
- Affiliate rewards are calculated based on payments received by the respective Service Provider identified in the issued invoice.
- The attracting Client automatically becomes the Referrer; the attracted Client becomes the Referral.
- Minimum payout amount — 1.01 USD or equivalent.
- Payouts are made within 72 working hours from the withdrawal request to the details specified in the account.
- The Affiliate must not request the Referral’s personal/payment data.
- The Provider may amend the terms by publishing on the website and/or notifying by e-mail; changes take effect upon publication.
- For violations of the programme/Agreement, participation may be terminated; affiliate funds may be forfeited; the Agreement may be terminated without notice.
Appendix 4. Notice on Payment Providers’ Responsibility
- Where payment is processed by a specific legal entity, such entity shall be deemed the merchant of record for payment processing purposes.
- Service quality/scope disputes are resolved between the Client and the Provider.
- Payment providers apply KYC/AML procedures and may limit/block transactions under their own rules.
- Provider fees/charges may be withheld and are non-refundable unless provided by their policies.
Appendix 5. Privacy and Personal Data Processing Policy
- The Service Provider processes personal data in accordance with the data protection legislation applicable to its jurisdiction, including where applicable UK GDPR, EU GDPR or other mandatory data protection laws.
- Personal data includes: name, surname, address, phone, e-mail, IP address, payment details, ID/KYC data, and information necessary to deliver services.
- Purposes: identification, contract conclusion/performance, billing and payments, support, domain/service provisioning with suppliers, legal compliance (AML/KYC), service/change notifications.
- Data may be shared with: payment systems; registrars/registries; data centres/licensors; public authorities upon lawful requests.
- Retention: for the Agreement term and a reasonable period thereafter (at least 5 years for bookkeeping/KYC) unless otherwise required by law.
- Data subject rights: access, rectification, erasure (where permissible), restriction, consent withdrawal, complaint to a supervisory authority.
- The respective Service Provider identified in the issued invoice acts as the Data Controller for the purposes of applicable data protection legislation.
- Contact details of the respective Data Controller are indicated in the issued invoice and/or on the official website.
Appendix 6. Consent to Personal Data Processing
- By joining this Agreement and using the Services, the Client consents to the processing of personal data to the extent and for the purposes specified in Appendix 5.
- Consent is granted for the Agreement term and the statutory data retention period.
- Consent may be withdrawn by written request; withdrawal may result in inability to continue service provision.
- Using the website, registering in billing and paying for services constitute full and unconditional consent to data processing.