General Terms of Service

General Terms and conditions

You will receive computer generated invoices for all services rendered by Compucelltech. All our computer generated invoices and credit notes will be sent to you via electronic means. All our computer generated invoices and credit notes are also available via the billing section in your control panel as well as in your billing section initially provided to you.

If for any reason, there is discrepancies in you invoices, please prompty contact us at billing@compucelltech.com


Payment and payment terms

Service fees are payable to Compucelltech monthly in advance by way of debit order or credit card, on the first working day of each and every calendar month.

Billing will commence on the date on which service provision commences.


Term and termination

Compucelltech only operates month-to-month contracts (cancellable on 30 days' written notice). For reseller, please refer to this page Reseller Terms

Compucelltech reserves the right to terminate this Agreement and any service provision to a client where there is a breach of these Terms of Service but undertakes to act reasonably in doing so. The client acknowledges that Compucelltech may terminate this agreement by written notice.


Domain and Hosting Services Terms of Use

Introduction

These terms and conditions govern the use of the Compucelltech domain registration and hosting services. By contracting with Compucelltech for the services you will be lawfully regarded as having agreed to your use of the services specified being governed by this Agreement.


Domain Registration

Compucelltech registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the Compucelltech server(s) on behalf of clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by Compucelltech.

Domain registration may be discounted or offered free of charge with Hosting products, depending on the nature and type of TLD (Top Level Domain). This offer is based on the assumption that the domain (and site content) will be hosted with Compucelltech for a reasonable period. Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.


Free Domain Registration

Your free domain registration is provided with the clear assumption that you intend to host with Compucelltech for the foreseeable future. If your intention is to just use our free policy to get your domain registered and then immediately cancel your hosting account then we will not pay for your registration. If, however you do have a legitimate reason for cancelling your account immediately, then we will review it on the merits and pay for your registration in good faith.

Our hosting and free registration is sold as a bundled package and cannot be separated, i.e. we will not pay for your registration if it is not combined with any of our hosting accounts.

Compucelltech reserves the right to charge a domain registration fee (in arrears) for any domain which is registered as a FREE domain with a hosting package that is cancelled (or the domain is transferred) within 6 months of sign up. Such fee(s) will be invoiced exclusively at Compucelltech's discretion, and no leniency extended to clients on previous occasions will in any way prejudice Compucelltech’s right to enforce this clause. Such fees must be settled before any domain transfer can be effected with the applicable registrar.

Compucelltech will not tolerate any intended abuse of our free registration policy. Any such abuse will result in the immediate termination of your account and Service Agreement.


Domain Transfer

Compucelltech will transfer existing (registered) domains from existing hosting providers to Compucelltech's DNS and web servers. Upon requesting the transfer, and accepting the Terms & Conditions, the client explicitly agrees that they have the authority to do so, being the owner of the domain in question, or having been nominated as an agent of the legal owner. The client thereby indemnifies Compucelltech from any disputes regarding ownership of the domain and any claims as a result thereof.


Cancellation

A cancellation request in respect of any Domain Registration or Web Hosting must be completed via email at info@compucelltech.com one calendar month (30 days) before the date of ceasing the service.

Compucelltech reserves its rights to review its prices at any time on reasonable notice. Compucelltech reserves the right to stop offering certain web hosting package types if it deems it necessary. Compucelltech will then either provide the web hosting service for the remainder of the time that has been paid for or refund the amount paid for that specific package and upgrade/move customer(s) to the new package at no cost.


Payment and payment terms

Compucelltech uses the anniversary billing method. This means that you are bill each month on the day you signed up for our service(s).

In the case of a website being suspended due to non-payment, payment needs to be made withing a 45 days period from the day of suspension notice. Your subscription will be definitely suspended and your account deleted from our server(s).

In the case of an annual or biannual web hosting account being terminated by the client before their prepaid hosting term ends there will be a calendar month notice period.


Liability for registration and use of domain names

Compucelltech has not and does not conduct pre-registration searches in respect of the client's use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party's intellectual property or other rights.

The use or registration of the Domain Name by a client does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, copyright nor any other intellectual property right, and that client has the right to use the Domain Name as requested.

Compucelltech cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, clients acknowledge that Compucelltech may be presented with evidence that a Domain Name registered by a client violates the rights of a third party. In such instance Compucelltech shall be allowed to provide a complainant with the client's name and address and all further communication will exclude Compucelltech and Compucelltech will have no further obligations to the client. In such instance the client shall be entitled to continue using the Domain Name registered for the client by Compucelltech until a court or other body with jurisdiction directs otherwise.


Hosting services

Compucelltech does provide SMTP mail services by default with shared hosting packages. SMTP mail services acceptable usage are subject to our upstream provider terms. The client will always be informed timely for any abuse activities.

Bandwidth Usage Allocations (and unlimited web traffic on Shared Hosting) are based on calculated normal usage as intended for the specific product. The following activities (and resultant excessive bandwidth usage) are prohibited and Compucelltech reserves the right, at its sole discretion, to summarily suspend services as provided by the Acceptable Usage Policy Acceptable Use Policy.

Compucelltech reserves the right to suggest suitable alternatives to the client for excessive Web Server Processor usage as it deems necessary, at its sole discretion.

Compucelltech reserves the right to move a website between web servers and internet backbones, between the United States and Germany as it deems necessary. If a client moves in excess of their monthly web traffic allocation, then the client will be contacted and various options will be presented.

Compucelltech reserves the right (but does not assume any obligation) to inspect the contents of data that the client transmits, receives or stores on an Compucelltech Server to ensure compliance with this Agreement or any applicable laws regulations or codes of practice.


Backups

Clients are solely responsible for backing up their data and Compucelltech strongly encourages ALL Hosting clients to do so as frequently and completely as possible. Compucelltech does offer its clients the possibility to backup their data through their control panel. Compucelltech will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.

Compucelltech may, in some instances, offer a separate backup service in conjunction with hosting package, and will make such backups available to clients on request as and when they are available. However, Compucellech does not warrant or guarantee the availability, completeness or “up to date” status of such backups. Clients are still ultimately responsible for their own data, and Compucelltech strongly encourages such clients to continue to make their own backups as frequently and completely as possible to ensure that they are up and running in the event of any failure.

Compucelltech also cannot guarantee the condition or fitness of any backups provided. Such backups are provided "as is" and are used at the client’s own risk and discretion - whether restored by Compucelltech by instruction from clients or by clients themselves. Compucelltech will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to clients on request.


Disclaimers, Limitations and Indemnities

Compucelltech will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Client's selected domain names's OR ANY ACTION TAKEN BY COMPUCELLTECH IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

The Client hereby indemnifies and holds harmless Compucelltech against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client's use and registration of its selected Domain Name, even if Compucelltech has been advised of the possibility of such damages; Compucelltech will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

Neither Compucelltech, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Compucelltech's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Compucelltech Server service, unless otherwise expressly stated in this Agreement.

Compucelltech expressly limits its damages to the Client for any non-accessibility time or other down time to zero monthly charge during the system unavailability. Compucelltech specifically denies any responsibilities for any damages arising as a consequence of such unavailability. Compucelltech is not responsible if an external company network and firewall is setup to block access to services Compucelltech provides. If a client's network is setup to block certain ports or web addresses that compromise the services Compucelltech provides it is the client's responsibility to ensure that their network configurations are changed as necessary.


100% Website Uptime Guarantee

The 100% website uptime guarantee is applicable only if the web server on which a client's shared web hosting account resides crashes or goes down at an unscheduled time and also subject to our upstream(s) providers maintenance policy. This guarantee is not valid if there is any network problem between the client and the web server which prevents the client from seeing the web server, e.g. if the client's ISP's link to the respective server(s) goes down or is faulty, but the web server Compucelltech hosts is still up, we are not responsible for the client not being able to reach their website.

Compucelltech is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, client 's internet connection, firewall service managed by external parties). If the applicable web server is up and running at all times then the website will deemed to have achieved 100% uptime.

The 100% website uptime guarantee does not apply to any scheduled downtime for maintenance of any of the Compucelltech web server(s). If there is scheduled maintenance to be done the client will be notified at least 24 hours in advance. The scheduled maintenance will always be done after hours (based on Eastern Time (ET)) and the web server downtime will be kept to a minimum.

Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server(s) is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.


Use at Clients's risk

Compucelltech will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Compucelltech network and in no way moderates such content. Clients expressly agree that use of Compucelltech's Server(s) and Services are at the client's sole risk. Compucelltech is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the Compucelltech web servers, including e-mail, databases and site content.


Limitation on mail size

Individual mail sent to the client's POP3/IMAP box or forwarded to the client's existing email address may be limited to 5000kB in size each.


Termination

Should the client breach of any of the terms and conditions contained herein, including but not specifically limited to the payment terms, Compucelltech has the right (solely at Compucelltech's discretion) to immediately demand payment of the full amount owing and demand compliance forthwith with all the terms and conditions, alternatively to terminate the agreement and services forthwith, in either instance without in any way derogating from any common law, contractual and or delictual rights which Compucelltech may have.

Compucelltech reserves the right to suspend or terminate the service of any client that does not comply with the terms and conditions, Acceptable Use Policy, Acceptable Hosting Policy or any other contractual obligations.


Please note that we are continually improving and correcting this Acceptable Use Policy to enhance your experience with us. For more information, please contact us at termsandprivacy@compucelltech.com