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Terms of Service

1.0 Use of Products and Services

1.1 These are the terms and conditions on which HostWave ("HostWave", "we", "us") supplies subscription-based services, hosting platforms, and resources to you. All these terms are fully effective from the date of your electronic submission of the order.

1.2 HostWave may change or modify this Agreement and any policies incorporated herein. Where a change materially affects your rights or obligations, we will notify you by email at least thirty (30) days before the change takes effect. If you do not agree with a material change, you may terminate the affected service before its effective date and receive a pro-rata refund of the remaining prepaid portion of your service cycle. Minor changes may take effect immediately upon posting to our website. Your continued use of the services after the effective date constitutes acceptance of the amended Agreement.

1.3 You may use any of our services, provided that you are of legal age to form a binding contract and are not barred from receiving services under applicable law. You must provide current, accurate identification and billing details, keep your account credentials confidential, and notify HostWave immediately of any unauthorized account access. HostWave is not liable for loss or damage arising from your failure to keep your account secure.

1.4 HostWave may limit, suspend, or terminate your access to services where: (a) you materially breach this Agreement or our Acceptable Usage Policy; (b) an invoice remains unpaid past its due date; (c) we are required to do so by law, court order, or a competent authority; (d) your service poses a security or stability risk to our network, infrastructure, or other clients; or (e) we have reasonable grounds to suspect fraudulent or illegal activity. Where circumstances reasonably permit, we will notify you and give you an opportunity to remedy the issue. Upon suspension or termination your right to use the service stops and you may lose access to stored data; you remain solely responsible for maintaining external backups. If we terminate your service in its entirety without cause, we will provide at least thirty (30) days' notice and refund the remaining prepaid portion on a pro-rata basis.

1.5 Limitation of Liability. To the maximum extent permitted by law, the total aggregate liability of HostWave, its directors, employees and partners, arising out of or in connection with the services, is limited to the total fees you paid for the affected service in the twelve (12) months preceding the event giving rise to the claim. HostWave shall not be liable for indirect, incidental, special, exemplary or consequential damages, including loss of profits, revenue, business, goodwill, use or data, except where caused by intent or gross negligence. Nothing in this Agreement limits liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot be excluded under applicable law.

2.0 Conditions of Use

2.1 Violations listed in our Acceptable Usage Policy (AUP) are considered prohibited usage and may result in immediate account suspension, restriction and/or termination of all active services without compensation.

2.2 Intentional, malicious or severe violations of the AUP will result in immediate termination of the service, deletion of associated data, and a permanent ban from ordering or holding any future services with HostWave.

2.3 You are responsible for all content hosted under your account and for compliance with the laws applicable to you and to the location of your service.

3.0 Account Registration & Details

3.1 You must provide true, accurate and complete registration information and keep it up to date. The obligation is upon you to ensure the contact email on file is current; notices sent to your registered email address are deemed received.

3.2.1 Clients are strictly prohibited from opening multiple personal accounts. Duplicate accounts will be merged or suspended.

3.2.2 Clients may not give external third parties direct access to their account portal. You are responsible for all credentials and transactions.

3.2.3 Accounts are non-transferable between individuals without commercial validation.

4.0 Billing, Invoicing & Credits

4.1 Services are billed in advance on a recurring basis. Invoices are due on the date stated on the invoice; overdue invoices may lead to suspension of the affected service.

4.2.1 Account credit balances do not expire and cannot be transferred from one client account to another.

4.2.2 Existing account credit will automatically be applied towards newly generated invoices until the balance is exhausted.

4.2.3 Account credit may not be withdrawn, refunded or cashed out in real currency.

5.0 Payments, Gateways & Refunds

5.1 We accept credit and debit cards, PayPal, and cryptocurrency. Prices are shown in EUR; the currency toggle in the header displays indicative USD pricing.

5.2 Card and PayPal payments are processed by external payment gateways; we never store full card numbers.

5.3 Cryptocurrency payments are non-refundable due to the irreversible nature of blockchain transactions.

5.4.1 Refunds are processed solely upon explicit written request submitted via the client support portal and are not automatically issued upon service cancellation. The request must be submitted within the active eligible refund period.

5.4.2 We reserve the right to refuse any refund request in cases including, but not limited to: active abuse reports regarding the purchased service, IP blacklisting, AUP violations, or systematic abuse of the refund window.

5.5.1 Filing a dispute or chargeback with any payment provider will result in the immediate suspension of all active services associated with the client account, and the account will be blocked from placing further orders while the dispute remains open. If the dispute is not withdrawn or resolved in HostWave's favour within fourteen (14) days, HostWave may terminate the affected services, permanently delete associated data, and recover the disputed amount together with any chargeback fees. Before opening a dispute, please contact our billing department first.

6.0 Service Processing

6.1.1 Orders are automatically provisioned and should go online within minutes. Orders placed from VPN or proxy connections are marked as fraudulent and placed on temporary hold; they are processed during standard business hours only if the contact and billing information is verified.

6.1.2 If order information or payment structures do not comply with these Terms, the order is placed on hold and a support ticket is opened detailing the requirements to clear verification.

6.1.3 Service modification (upgrades/downgrades) cannot be performed on or past a service's due date. All outstanding invoices must be settled before modification requests can be processed.

6.1.4 Upgrades that raise the commercial value of the plan generate an invoice for the prorated difference from the modification date to the end of the billing cycle, and are provisioned once that invoice is settled.

6.2 Service transfers require prior written approval and commercial validation; accounts and services are otherwise non-transferable.

6.3.1 Immediate cancellation requests are processed automatically, bringing the server or hosting workspace offline immediately.

6.3.2 End-of-cycle cancellation requests are processed automatically, maintaining availability until the next recurring due date.

6.3.3 Once cancellation has run, all associated data, configurations, databases, files and backups are permanently destroyed, and associated IP addresses are released. This action is fully automated and cannot be reversed.

6.3.4 Shared webhosting and reseller hosting customers are eligible for a full money-back refund within 30 days of the initial service order.

6.3.5 Virtual Private Server (VPS) customers are eligible for a full money-back refund within 7 days of the initial service order.

6.3.6 The money-back guarantee may be used only once (1) per customer profile.

7.0 Email Usage

7.1 Sending unsolicited bulk email (spam) from or through our network is prohibited. Any account responsible for spam, list harvesting, or mail-bombing may be suspended or terminated without notice.

7.2 You are responsible for the security of your mail accounts and for keeping authentication credentials confidential.

8.0 Website Usage

8.1 Hosting of illegal content, malware, phishing material, or content that infringes third-party rights is prohibited.

8.2 Resource usage must remain within the limits of your plan. Sustained usage that degrades service for other clients may result in throttling or a required plan change.

8.3 HostWave may access client files only where required for abuse investigation, security incident response, or legal compliance.

9.0 Shared & Reseller Hosting

9.1 Shared and reseller environments are managed services; root access, custom kernel modules and privileged system changes are not available.

9.2 Resellers are responsible for their own end customers, including first-line support, billing and compliance with this Agreement.

9.3 Reseller accounts must not be used to resell capacity in a manner that bypasses plan limits or misrepresents HostWave's services.

10.0 Data Protection & Privacy

10.1 HostWave processes personal data relating to your account (name, address, email, billing records) as a data controller in accordance with the GDPR and our Privacy Policy. Account data is processed solely to provide the services, for billing, fraud prevention, and compliance with legal obligations.

10.2 In respect of personal data you store, collect or process on our infrastructure, you act as the data controller and HostWave acts as a data processor on your behalf. A Data Processing Agreement (DPA) pursuant to Article 28 GDPR is available on request via support ticket. We process such hosted data only on your instructions and do not access client files except as described in clause 8.3 or as required by law.

10.3 You remain solely responsible for the lawfulness of the personal data processing you carry out using our services, including maintaining a valid legal basis, providing privacy notices to your users, and honouring data subject rights.

11.0 Final Provisions

11.1 Force Majeure. HostWave shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, fire, flood, war, terrorism, civil unrest, epidemics, government action, labour disputes, power or telecommunications failures, upstream provider or carrier outages, and distributed denial-of-service attacks. If a force majeure event prevents service delivery for more than thirty (30) consecutive days, either party may terminate the affected service, and we will refund the prepaid fees corresponding to the undelivered period.

11.2 Governing Law & Jurisdiction. This Agreement and any dispute or claim arising out of or in connection with it are governed by the laws of the jurisdiction in which HostWave is established, excluding its conflict-of-law rules. Consumers residing in the European Union or European Economic Area also benefit from mandatory consumer protection provisions of, and may bring proceedings before the courts of, their country of residence.

11.3 Severability. If any provision of this Agreement is held invalid, illegal or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable or, where that is not possible, severed, and the remaining provisions shall continue in full force and effect.

11.4 No Waiver. Any failure or delay by HostWave in enforcing any right or provision of this Agreement shall not constitute a waiver of that right or provision. A waiver is effective only if made in writing and applies only to the specific instance for which it is given.

11.5 Assignment. You may not assign or transfer your rights or obligations under this Agreement without our prior written consent, except as expressly permitted under clause 6.2. HostWave may assign this Agreement to a successor entity in connection with a merger, acquisition, restructuring or sale of substantially all of its assets, with at least thirty (30) days' notice.

11.6 Entire Agreement. This Agreement, together with the Acceptable Usage Policy and Privacy Policy, constitutes the entire agreement between you and HostWave regarding the services and supersedes all prior agreements and understandings relating to their subject matter.