Art. 1.1 These General Conditions of Service and any further documents accessible through an internal link on this same site are issued by the company Bhoost Hosting SL, (NIF B67962795), with registered office in Calle Viera y Clavijo, 33 – 35002 Las Palmas de Gran Canaria (Spain), hereinafter also referred to as “Bhoost Hosting SL” or “Provider”.
1.2 These conditions are deemed to have been read and accepted by the Customer from the moment in which, upon completing the purchase procedure of the chosen services, he proceeds by selecting the “Accept the general conditions of service” option or equivalent wording and/or in any case accesses the Service and/or or uses it. In the event that the mandatory personal data provided by the Customer turns out, even after a subsequent check, to be incorrect, incomplete or non-existent, the Provider reserves the right not to activate, suspend or terminate the Service at any time without notice. .
Art. 2.1 The following terms and conditions of service regulate the provision of services provided by Bhoost Hosting SL, (NIF B67962795), with headquarters in Calle Viera y Clavijo, 33 – 35002 Las Palmas de Gran Canaria (Spain). For each specific Service, acceptance of additional service conditions may be required.
3.1 The services provided by the Provider through its website are addressed exclusively to professionals or entrepreneurs, in any case subjects not subject to consumer regulations, the Customer who does not satisfy this requirement will be subject to the provisions of the art. 9.
Art. 3.2 Hosting. It consists in allocating the pages of a website, or in any case all the files necessary for a website to function, on a server (shared or dedicated), thus making it accessible from the Internet, i.e. databases or application scripts of which the Customer declares to be the owner or in any case the licensee.
Art. 3.2.1 Limitations in the use of the Hosting service in shared server mode:
Maximum 1 gigabyte of space occupied by emails.
Sending any form of Spam through the Bhoost Hosting SL network is prohibited. Likewise,
send Spam through other service provider networks by advertising sites or using
email addresses or any other resource offered by the Bhoost Hosting SL network is prohibited.
There is no maximum limit to the number of files in the account in shared server mode.
The database cannot occupy more than 2GB of space.
Art. 3.3 Domain name. The domain name choice and purchase service consists of the possibility of registering a domain. The Provider provides the platform through which the Customer can independently check the availability of each domain name, register it with the various competent Authorities, request a Change of Maintainer or Transfer Registrar, request a Change of Owner/Assignee, or request its renewal.
Art. 3.4 In this regard, it is specified that the Provider will automatically fulfill the reservation of domain names based on the chronological order of the requests received and cannot, therefore, in any way, assure Customers that the domain can actually be registered , therefore the registration of the domain will be considered carried out when confirmation of registration is received, i.e. that upon successful completion of the registration the Customer will be the legitimate owner of the chosen domain name, also remaining solely and exclusively responsible for the its use and its contents. It is also specified that the time required for registration depends on the extension for which registration is requested. With reference to the .COM and .
Art. 3.5 With regard to all extensions managed by the partners Misterdomain.eu, Godaddy.it, Namecheap, 101domains, you expressly accept the terms and conditions contained in their terms and conditions of service
Art. 3.6 The Provider is not responsible and cannot under any circumstances take responsibility for the resolution of disputes that arise relating to the assignment of a domain name.
Art. 3.7 Dedicated Server. The dedicated server consists of providing the customer with a hardware rental service and housing service. Description of limitations: There are no limitations on dedicated servers.
Art. 3.8 Virtual Server. It consists of the possibility of renting a portion of the server.
Art. 3.9 Cloud. It consists of hosted applications and platforms, built on a shared infrastructure and delivered via web browser.
Art. 3.10 All the technical characteristics of the services listed above can be found on the website www.bhoost.com, in the section corresponding to the service purchased.
Art. 4.1 The request to activate the service and the related payment made by the Customer constitute full acceptance of the general conditions set out in this contract.
Art. 4.2 Every performance defined as ancillary to the service requested by the Customer, even those received after the conclusion of the contract, is subject to the conditions of this agreement.
Art. 4.3 The Customer, acting in absolute autonomy, can purchase the services offered by the Provider to possibly resell them to third parties (so-called white label mode) and is considered an entity independent of the Provider and has no authority to act in the name and on behalf of of the same.
Art. 5.1 The Customer undertakes to pay the amount due at the time of requesting activation of the service, through payment to be made by credit card, PayPal, bank transfer.
Art. 5.2 The cost of each service is shown on the bhoost.com website or those contained in other documentation exchanged between the parties.
Art. 5.3 The renewal must be carried out by the Customer by the expiry date of the service, through payment to be made according to the same methods indicated for activation, however the renewal of the services carried out by bank transfer will be processed only at the time of accreditation of the sums in our current account.
Art. 5.4 Payment after service has expired, warnings. The Provider does not guarantee the successful outcome of the renewal procedure if this has been requested by the customer when the service has already expired or if the payment is incomplete in one of the pieces of information considered essential to trace the customer and/or the service to be renewed, for example example with reference to the transaction code.
Art. 5.5 In the event that the Provider, for reasons not attributable to causes referred to in the articles. 5.4, 12.1 and 12.1 letter. a)-c), does not complete the renewal of the service, as a penalty he will have to extend it free of charge for a further renewal period, i.e. one year. The Customer acknowledges and accepts that he is entitled exclusively to an extension of the service and that he cannot make any request for compensation, compensation for damage or claims of any kind against the Provider. The Customer, therefore, hereby releases the Provider from any liability in this regard, including any visibility or other problems that may occur following the expiry of the Service not renewed within the contractually agreed terms.
Art. 6.1 The Provider, upon the first request to activate a service, will send the identification code also known as User ID and a keyword to the email address communicated by the customer, entered during the order phase by the Customer, i.e. the password.
Art. 6.2 The customer acknowledges and accepts that the User ID and Password constitute the only suitable means of identifying the Customer when accessing the Services. For any access problems, the customer must contact the appropriate customer service.
Art. 6.3 The Customer declares to possess all the technical knowledge necessary to ensure the correct use, administration and management of the Service and in any case recognizes and acknowledges that the processing of data and/or information and/or contents carried out by him existing through the aforementioned Service and their consequent dissemination on the Internet through the Service itself are carried out exclusively at your risk and under your responsibility.
Art. 6.4 The Customer must keep the password with the utmost diligence, keeping both the code and the keyword secret for the entire duration of the subscription and will, in any case, be exclusively responsible for any damage caused by knowledge, or use, of the password and/or User ID by third parties, therefore the Customer acknowledges and accepts that any operation carried out through the Service is presumed to be carried out by the Customer himself and that the knowledge by third parties of the access Credentials and/or or additional codes assigned to the Customer, could allow the latter to make improper use of the Service as well as access to the information and/or contents or data processed through it. The Customer, therefore,
Art. 6.5 It is also specified that after a certain number of access attempts with incorrect credentials, among the various security protocols provided by the Provider, the account could be blocked with consequent obligation of verification by the customer service or through a procedure automated password reset via a specific link sent to the reference email.
Art. 7.1 This contract will have an annual duration or that which the parties agree and will take effect and be valid from the date of activation of the service and is considered finalized and concluded upon acceptance by the Provider of the customer’s request or proposal.
Art. 7.2 Upon the set deadline, unless otherwise agreed in writing, it will be considered tacitly renewed, or expired and not subject to further renewal, depending on the type of service provided and, in any case, according to the following scheme:
Art. 7.3 Starting from 60 (sixty) days before the expiry, the Provider, without obligations towards the Customer, will have the right to send to the same, via the reference e-mail addresses, notices of expiry and the instructions to follow for be able to renew the service.
Art. 7.4 The Customer undertakes to communicate to the Provider the update of the contractual reference email to be sure of receiving technical/commercial communications from the Provider.
Art. 8.1 The Customer has the right to withdraw from the contract without any penalty and without specifying the reason, within 30 working days starting from the day of activation of the service and related communication. The right of withdrawal is exercised by written communication addressed to the Provider only and exclusively by email to the address [email protected] . The amounts already paid by the Customer, excluding the cost of the domain, which will remain the property of the Customer until natural expiry, will be refunded within 10 days of receipt of said communication.
Art. 8.2 In the event that the Customer intends to withdraw from this agreement after the terms referred to in the previous paragraph but before the expiry of the same, he will have to pay the entire relevant economic share also for the contractual period of residual and unused service, to criminal title.
Art. 9.1 the Provider, at its discretion and without the exercise of this right being contested as a breach or violation of the Contract, reserves the right to suspend or interrupt the Service, even without any notice in the event that it believes that the Customer may compromise the stability, security and quality of the Services offered in sharing or carries out activities in violation of the obligations established by this contract and/or by law. In other words in the following cases:
a) defaults or violates even just one of the provisions contained in the Contract;
b) the Customer fails to comply, in whole or in part, with the provider’s requests and in any case his behavior is such as to give rise to a well-founded and reasonable fear that he is in breach of the Contract or responsible for one or more violations of its provisions ( for example, arrears);
c) there are reasonable reasons to believe that the Service is being used by unauthorized third parties;
d) cases of force majeure or circumstances occur which, at the sole discretion of the Provider, require the carrying out of emergency interventions or interventions relating to the resolution of security problems, danger for the entire network and/or for people or things; in this case the Provider will restore the service at its discretion if it has assessed that the causes that had led to its suspension/interruption have actually been removed or eliminated;
e) the Provider receives notice that the Customer is involved, for any reason, in any judicial or even extrajudicial dispute of a civil, criminal or administrative nature and in any case in the event that said dispute concerns the registered domain name, its contents, the related email inboxes or acts and behaviors carried out through the same. In similar cases, the provider reserves the right to renew, at its own discretion and as a mere courtesy and therefore without thereby assuming any obligation towards the Customer or interested third parties, the registration of the domain name with the Authority competent for one or more years while maintaining, however, the provisions previously adopted.
f) is requested by the Judicial Authority;
g) if there are justified reasons of security and/or guarantee of confidentiality;
h) if the Customer uses defective or non-approved equipment, or which presents malfunctions that may cause security problems and/or vulnerability of the Service, may damage the integrity of the network and/or disturb the Service and/or create risks for the physical safety of people and things.
All of the above without prejudice to the Provider’s right to full payment of the amount due and the right to take action for full compensation for any damage suffered.
Art. 9.2 In the event of suspension of the service for any reason, Provider reserves the right to extend the effects of the suspension of the service to other contractual relationships functionally and inseparably connected with this contract, duly established and in place with the Customer. The suspension or termination of the service will result in the destruction of any material present, after 10 days from the date of suspension and/or termination of the service. No request for compensation for damages may ever be made by the Customer against the Provider following what is specified in the previous paragraphs.
Art. 10.1 During registration on the Provider’s website, the Customer is required to enter his/her personal data for the execution of the contract and guarantees, under his/her own personal responsibility, the truthfulness and correctness of the same, as well as communicating it within 10 days for any possible changes. In the event that the Customer has provided the Provider with data that turns out to be false or incomplete or data that the Provider has reason, in its sole discretion, to believe to be such, it reserves the right, without prior notice, to:
a) refuse the request forwarded by the Customer;
b) suspend, without notice, the services;
c) terminate the contract.
d) make any communications to the relevant judicial and/or administrative authority if necessary.
In the event of suspension or termination of the contract, the Provider may request compensation from the Customer for any greater damage for one of the reasons referred to in the points above, it being also understood that the Customer will not be able to make any request for reimbursement, compensation and/or compensation against the Provider. compensation for damages for the period of time in which you will not have used the Service.
Art. 10.2 The Customer also undertakes to:
Art. 10.3 The Customer acknowledges that he is solely and exclusively responsible for the activities carried out through the Service directly or indirectly referable to him, and in particular that he is responsible for the contents and communications inserted, published, disseminated and transmitted on or through the Services . Therefore, Provider cannot be held responsible in any way for criminal, civil and administrative offenses committed by the Customer through the Service.
Article 10.4. The customer is made aware that the following material is not acceptable on:
10.4.1.Hosting/Reseller, therefore if a report is received or the Provider becomes aware of its presence, the provisions of art. 10.1 will come into force. List: IRC scripts, eggdrops, bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, IP Scanners, Bruteforce,Programs/Scripts/Applications, Mail Bombers/Spam Scripts, File Dump/Mirror Scripts (similar to rapidshare), Related Sites ‘Hacking / hack programs, Sites promoting illegal activities, Forums and sites distributing or linking to warez/piracy/illegal content sites, Fraudulent sites, Anonymous or Bulk SMS Gateways, Backup: you cannot use your account as a backup solution .
10.4.2.Material not acceptable on Virtual / Cloud / Dedicated Servers, therefore if a report is received or the Provider becomes aware of its presence, the provisions of art. 10.1 will be triggered. List: IRC scripts, eggdrops, bots, Proxy Scripts/Anonymizers, Pirate Software/Warez, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, File Dump/Mirror Scripts (similar to rapidshare), Email-related sites Hacking / hack programs, Sites promoting illegal activities, Forums and sites distributing or linking warez/piracy/illegal content sites, Fraudulent sites, Anonymous or Bulk SMS Gateways, Server games such as counter-strike, half-life, battlefield1942.
Art. 10.5 Spam. The Provider is against spamming activity, for which it has no tolerance. In light of this, the customer will not be able to carry out spamming or equivalent actions (upload, send programs, transmit or disseminate any material that contains viruses, other codes, files or programs created to compromise, interrupt, destroy or limit the functioning of the network, carry out phishing or other equivalent actions of an illicit nature aimed at stealing personal data or other confidential information from users). In this case, the Customer will be contacted and if he does not immediately work to resolve the problem, the Provider will, without any further notice, suspend the service subject to illicit actions and follow what is indicated in the art. 10.1 above.
Art. 10.6 Backup. the Provider provides, unless otherwise agreed in writing, the additional backup service of contents, connection data and data relating to IP addresses. In the event that the Provider’s backup service is not successful, the Provider will only be obliged to pay double the amount paid for the purchase of the backup service. By accepting this clause, the Customer will not be able to make any further claims against the Provider, either as compensation, indemnity or otherwise and hereby exempts the Provider from any liability in the event of total or partial loss of data, for any reason due.
Art. 10.7 The Customer, therefore, unless otherwise agreed in writing, is required to save the Logs for the duration established by applicable laws and regulations, in order to limit damage, loss of files, memory, documents or any other element of the server. The Customer also accepts and acknowledges that he is legally responsible for providing the Logs upon request of the Authorities (Police, Justice Forces).
Art. 10.8 The Customer undertakes to indemnify and, in any case, to hold the Provider harmless from any action, request, claim, cost or expense, including any legal expenses arising therefrom due to the Customer’s failure to comply with the obligations undertaken and the guarantees provided with the acceptance of this contract or any other obligation to which one is required by law in the use of the spaces made available by the Provider.
Art. 11.1 The Provider undertakes to use the best technology and resources available to provide the services covered by this contract, without prejudice to the need to proceed with hardware and software updates based on contingent circumstances.
Art. 12.1 The provider undertakes to use the best technology of which it is aware and the best resources at its disposal to provide the Services covered by this contract. The Customer, who recognizes this clause as essential, agrees and agrees that the provider cannot in any case be held responsible for delays or malfunctions in the provision of the Services dependent on events outside the reasonable control of the Provider such as, by way of example:
Furthermore, the Customer agrees and agrees that the Provider cannot in any case be held responsible for acts or omissions committed by the Customer and in conflict with the obligations assumed by them pursuant to this Contract, just as it cannot be held responsible for malfunctions due to defects in the means essential for access, to improper use of the same and/or of the methods of access to the service by the Customer or third parties. Furthermore, the provider cannot be held liable under any circumstances towards the Customer or third parties for loss of profit, loss of earnings, or for any other form of loss of profit or indirect and consequential damage connected to the execution of this Contract. The Customer is informed that the Services may be suspended,
Art. 12.2 In any case, the Provider declines any responsibility towards the Customer or third parties for delays or interruptions of the service, specifying that the very nature of the internet does not guarantee the accessibility of a website or the delivery of e-mails in certain times.
Art. 12.3 The Customer releases the Provider from any civil and criminal liability for the illegal use of the services used by him and his customers.
Art. 13.1 The Services (including additional ones) will normally be available 24 (twenty-four) hours a day; however, the Customer acknowledges and accepts that the Provider may suspend and/or interrupt their supply to allow the execution of ordinary or extraordinary maintenance interventions that are appropriate and/or necessary both for the Server Farm premises and for the servers. and/or equipment contained therein. In such cases, Provider undertakes to carry out the aforementioned interventions in the shortest possible time and to restore the Services as soon as possible, in order to reduce the inconvenience caused to the Customer.
13.2 The Customer acknowledges and accepts that he will not be able to make any request for compensation, reimbursement or compensation against the Provider for the period of time in which he was unable to use the Services.
Art. 13.3 The quality of the service offered by the Provider is certified by the Service Level Agreement which covers: Network performance, hardware replacement times, support response times, domain visibility.
Art. 13.4 The Provider guarantees defined times for each operation, and thanks to the technical support divided into different progressive levels, Customers always receive timely and targeted assistance based on the severity of the problem.
Art. 13.5 Hardware SLA. Provider guarantees the correct functioning of all hardware, including servers, firewalls, load balancers, storage, switches. In the event of a hardware problem, the faulty part will be replaced in the shortest possible time.
Art. 13.6 Response times. The Provider’s technical assistance guarantees very precise response times; support requests can be divided into two categories: A) emergency – response time 30 minutes. This category includes server down, lost packets, and routing problems. B) all other cases – response times 5/7 hours. The customer’s support request will be assigned an identification code (ticket ID) which will be responded to within the times indicated above. The Provider provides telephone assistance 24 x 365 days as an alternative channel for technical support (not provided for shared hosting, certified e-mails and emails).
Art. 13.7 Maintenance of the network. The Provider guarantees the connectivity of all systems, no refund can be applied for downtime of less than 10 minutes. In all other cases, except for the liability exemption clause, of applicability of this SLA clause, the Provider will reimburse the Customer 2% of the monthly fee for the service, however in no case will the total value of the reimbursements paid during the year exceed the monthly fee for the service.
Art. 13.8 In order to access refunds, the Customer must send a request to the email address [email protected] within 7 (seven) days of the occurrence of the event , reporting the problem encountered in detail
Art. 14.1 The Provider holds an insurance policy for Professional Liability.
15 Changes to this contract
15.1 The Provider reserves the right to modify this Contract upon communication to be sent by e-mail to the Customer with at least 30 days’ notice, if the following reasons apply:
15.2 If one of the above conditions exists, the provider may:
15.3 The Customer agrees and agrees that such communication may also be made through General Notices to Customers published on the www.bhoost.com Site. In the event of changes that lead to a significant reduction in the services provided, or an increase in the sales prices of the services, the Customer will have the right to withdraw from the contract by sending the relevant communication to the provider within the same 30-day period referred to in the previous paragraph, after which the changes will be considered accepted by the Customer and fully binding on him.
Art. 16.1 This contract will be considered legally terminated pursuant to art. 1456 of the civil code for failure to fulfill even just one of the obligations imposed on the Customer.
Art. 17.1 In the event of transfer or succession of the customer in any capacity, the successor will acquire rights and obligations deriving from this contract.
Art. 18.1 The Provider, with the exception of software managed under license and/or owned by the Customer, remains the sole owner of the rights relating to inventions and programs (including software, documentation and studies, etc.) and anything else that has been created, developed according to the services purchased by the Customer, who is granted only a limited and non-transferable right of use.
Art. 18.2 In the event that the Customer violates the rights referred to in the paragraph above, the Provider, after having notified the Customer, will terminate the contract according to the methods indicated in the Art. 16.
19.1 The personal data provided by the customer to the Provider are governed by the General Regulation on the Protection of Personal Data n. 2016/679 also known as RGDP or GDPR, and the Privacy Code pursuant to Legislative Decree. 196/03 as amended by Legislative Decree. 101/2018, or by the Ley Organic 3/2018, of 5 December, of Protection of Personal Data and guarantee of digital rights, also known as LOPD if applicable.
19.2 The Data Controller of this site is the company Bhoost Hosting SL, (NIF B67962795), with headquarters in Calle Viera y Clavijo 33 – 35002 Las Palmas de Gran Canaria (Spain), with DPO (Data Protection Officer) reachable at the following address email: [email protected] .
19.3 The company provides, pursuant to articles 12 and 13 of the new EU regulation 2016/679, specific information describing the methods of processing the personal data of users who consult this document and purchase the related services by clicking on the following link.
19.4 The customer also accepts that:
Art. 20.1 Any complaints regarding this contract must be forwarded via a specific ticket or a specific e-mail from the Provider intended for this purpose within 15 days of the event that caused the reason for the complaint. The Provider will process the complaint and provide an adequate response within 15 days of its submission. In the event of particular complexity of the issue to be resolved, the Provider will in any case send an interlocutory communication within the above terms informing the Customer of the status of the case and of the additional time necessary to provide an adequate response.
Art. 20.2 If the procedure referred to in the point above (the complaint) does not satisfy the Customer, he will be entitled to access the conciliation procedure alternatives to jurisdiction by activating the ODR (Online Dispute Resolution) procedures made available by the European community at the following link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT.
Art.20.3 In particular, no appeal can be brought to court until a mandatory attempt at conciliation has been made. In any case, the choice of these procedures will not preclude recourse to ordinary jurisdiction.
Art. 20.4 The applicable law is exclusively that of the Italian State. For all disputes relating to this contract, the Parties, whether entrepreneurs or non-consumers, establish and recognize the jurisdiction of the Court of Milan.
Pursuant to and for the purposes of the articles. 1341 and 1342 of the Civil Code, the Customer, after having carefully considered and
peaceful knowledge and vision, approves and expressly accepts the following clauses: 3) Description of the services offered by Bhoost Hosting SL; 5) Fees and payment methods; 6) Sending and use of access credentials and their storage; 7) Duration, renewal and termination of the contract; 8) Right of withdrawal from the contract signed with Bhoost Hosting SL; 9) Suspension of service due to the customer; 10) Customer obligations; 12) Limitations of liability of the Provider; 16) Express termination clause; 21) Dispute resolution procedures, forum and applicable law.