Terms of Service

The following Terms of Service ("TOS," "Terms" or "Agreement") apply to your use of our website and all of our services (Hosting Services, Register & Transfer if Domain Names, email services, Backup services etc.) provided by Bellinetti Hosting ("bellinetti," "us,", "our" ). Bellinetti Hosting is a trade name operated by WebSite Art Ltd.
By purchasing one or more Services from bellinetti, you declare that you have read, understood and agree with this TOS.
The latest version of our TOS is always available on our website.
It is essential that you read this TOS prior to purchasing any Service(s) from us.

Accepting this TOS and placing an order, represents an entire agreement to the services provided by Bellinetti Hosting.

In addition to these TOS, all registrations or transfers of domain names are subject to the terms and conditions set out in our Domain Name Agreement, an fundamental part of these TOS. The Domain Name Agreement incorporates by reference the terms and conditions of the respective registrar, its rules and regulations.

In these TOS we mention certain legal rights you have, if you are a consumer. These TOS do not affect or change these legal rights.

1. Placing an order / Acceptance of order by us

1.1 You must be at least eighteen (18) years old at the time you place an order. By submission of an order you declare that you are at least eighteen (18) years old and have the legal ability to enter into an agreement with us.

1.2 If you place an order on behalf of a legal entity, you represent and warrant that you have the legal authority to act such as this legal entity to these TOS, in which case the terms "you" or "your" shall refer to such legal entity. In the case that we establish that you do not have the legal authority to bind such a legal entity, you will be personally liable for the obligations under these TOS.

1.3 By placing an order to purchase our services you declare that there is no other restriction to enter into an agreement with us and you are not subject to trade sanctions or other restrictions.

1.4 In these TOS the selection which service(s) to purchase or renew is referred to as an “Order.” First-time customers must purchase our service(s) through our website. Existing customers may purchase or renew services through the Client Area on our website.

1.5 The date on which you submit your order for the purchase of the service(s), shall be considered as the "effective date" of this agreement. Upon expiry of the Term it can be renewed as described in our renewal policy.

1.6 You understand and agree that all orders may be subject to automated "fraud detection" to check if they meet our financial, security, and other reasonable criteria. If your order is mentioned as "fraud" by any of these checks, it may require our manual review and approval. For such reasons, we might ask you for additional information before we may approve and accept your order. We will use commercially reasonable efforts to review such orders promptly, but we are not liable for any delays.

1.7 By submitting an order to purchase our service(s), you agree and authorize us to use all personal data you provide to perform compliance and anti-fraud checks. You agree and authorize us to disclose your data to third parties or to obtain information about you from third parties. Please refer to our "Privacy Policy" for further information about how we use your data.

1.8 Orders that fail our fraud check will not be approved and service(s) will not be provided. In case your οrder fails to pass the fraud check, you will receive formal notice that your order has been disapproved and canceled. We are unable to provide additional information about the reasons a particular order fails to pass the fraud check. In case your order is canceled and service(s) are not activated, we will refund you for all pre-paid fees within ten (10) working days of the date of our notice to you that your order has been disapproved and canceled. Bank charges or transaction charges will be borne entirely by you. The transaction fees for your order may not be refundable. We are not liable for payment of any indemnification, compensation for damage, or claims related to the orders disapproved because they have failed our fraud check. No interest or other charges will accrue on the advance-paid amounts.

2. Personal data / User content

2.1 By placing your order to purchase and use our services you will be asked to provide personal data. In such case they shall have the meaning set out in the "Privacy Policy". Please see our Privacy Policy for full information about the personal data we collect and how we process and disclose it.

2.2 By uploading and storing content on our servers and/or using our services, you acknowledge and agree that we shall act as a data processor regarding your content. The relationship between you and our company related to the processing of your content is set out in our Data Processing Agreement (DPA), which is a fundamental part of our "Privacy Policy" and these TOS.

3. Services

3.1 For these TOS "Service" or "Services" means all services provided by Bellinetti Hosting under these TOS including, without limitation, any of our subscription plans for hosting services, additional features, website migration services, domain name registration services, domain name transfers, support services, third-party products and services, and any other services which may be provided from our website describing the individual service on product pages.

3.2 The services will be provided to you as configured for all our customers. We might modify, update or upgrade the services and/or add, remove, or modify any software, functionality or configuration installed on or used by the services at any time with or without prior notice. You will bear the ultimate responsibility to ensure that the services are configured to meet your operational, privacy, and security needs. Your hardware, software, as well as any other items you consider necessary to use the services, shall be compatible with the services. We will not be indebted to modify the services to accommodate your use.

3.3 Hardware and/or software configurations may vary. We may replace your host server hardware, move it from one data center to another, transfer your account to another server, including servers in another data center or geographical location, or modify certain software configurations when deemed necessary by us, in order to ensure the quality and security of the Services.

3.4 Third-party and proprietary software that we offer as part of the Services will be provided as is and will be subject to availability and all disclaimers and limitations of liability set forth herein. This software may have terms and conditions that are in addition to those outlined in these Terms of Service. You must agree to these terms to use the software. If you do not, you will not be able to use the Services. The terms and conditions regarding the aforementioned third-party software are incorporated by reference and links to any such terms and conditions are made available as an appendix to these Terms.

3.5 We provide certain services designed to filter spam emails. Depending on the services specified in your order and the add-ons you have selected, spam filtering may be available as an additional paid service. Spam filtering may allow certain spam emails (which may contain spam, phishing scams, and viruses) to be received and/or block certain legitimate emails. Emails received by our filtering system are not subject to our SLA. In any case, we recommend that you apply additional layers of protection.

3.6 We will retain ownership of all IP addresses assigned to you by us. We reserve the right to change or remove any of these IP addresses at our sole discretion (technical reasons, misuse, etc.). You should be aware and agree that shared IP addresses assigned to you by us will also be used by other customers.

4. SLA - Service Level Agreement

4.1 Bellinetti's SLA sets out the performance you can expect from us. To the fullest extent applicable under national law and without prejudice to your rights as a Consumer, this SLA is your sole and exclusive remedy for downtime or any network, software, hardware, or equipment failure.

4.2 We guarantee network uptime of 99.9% on an annual basis. If we fall below the guaranteed network uptime, we will compensate you as follows:

• 99.9% - 99.00% uptime: 1 month of free hosting
• An additional month of free hosting for every 1% of uptime lost below 99.00%.

4.3 You can check the uptime status of your hosting server with monitoring tools. If you believe that an SLA event has occurred you can contact our customer support. Compensation is limited to the duration of your current period, but cannot exceed six months.

4.4 The following events do not count toward our calculation of uptime:

• Downtime caused when you reach the maximum resources allocation for your plan
• Downtime caused by you, your own configuration, or third-party applications you use
• Downtime during restoring your content from a backup
• Downtime caused by your violation of these TOS or any other policy announced on our website
• Distributed denial of service (DDoS) attacks, hacker attacks, and other similar events
• Downtime caused by DNS and/or IP address changes for which you have been notified, but you failed to set your configuration
• Downtime during the processing of your technical support requests
• Scheduled maintenance
• Emergency maintenance, hardware and software failure remedied in under 1 hour
• Force majeure or any event beyond our control

4.5 Our calculation of network availability is based on our internal records. We will not accept third-party references as proof that you are entitled to compensation under this SLA.

5. Renewal policy

5.1 All our services are set to auto-renew by default. You may manually renew services from the Bellinetti "Client Area" at any time before a service expires.

5.2 We will attempt to renew services for which auto-renew is enabled and charge the current renewal fees:

• five days prior to expiration for hosting services
• five days prior to expiration or earlier when required by domain name registrars.

5.3 If we are unable to process a renewal on the scheduled date, we may make additional attempts to capture your payment until you renew the service or terminate the agreement. We are not responsible for the operation of the services if the services are suspended/terminated because your payment method is expired or no longer valid for any reason.

5.4 It is your responsibility to ensure that you have paid the fees and that the renewal has been processed. You acknowledge and agree that even if a Service is set to auto-renew and/or you have an active payment method on file, we may not be able to renew the Services.

5.5 You acknowledge and agree that the Services will terminate upon expiration unless automatically or manually renewed.

5.6 You agree that we shall have no liability and responsibility for any damages, including but not limited to damages for lost profits, revenue, business, data or use, or any other monetary loss from you or any other third party, if we were unable to charge the payment method you have registered or you cannot renew the services manually.

6. Payment

6.1 You are responsible for the payment of the fees set out on the order, in Euros. All fees must be paid in advance for the entire term or renewal term set out on the order.

6.2 Fourteen (14) days before the scheduled renewal of your services, you will receive a proforma invoice informing you of the services that will need to be renewed, the cost and the time it will take to complete. You will receive a reminder seven (7) days later. After your payment is made you will receive the final invoice for tax purposes.

6.3 The current fees are listed on our website. Unless a specific agreement for the use of the services exists between us and you, you acknowledge and agree to pay the fees for the respective services indicated on our website at the time you submit your order.

6.4 We reserve the right to change the fees at any time without notification. Changes in fees shall be effective immediately and will apply to you as of your next purchase or renewal.

6.5 All fees listed on our website are net of applicable taxes unless explicitly stated otherwise. You are responsible for all taxes levied on the services. During the check-out process, additional fees and taxes will be calculated depending on your place of residence or whether you are an individual or a business.

6.6 In some cases, your credit or debit card issuer may charge you a foreign transaction fee or other fees, which may be added to the final amount shown on your bank statement or posted as a separate charge. We do not control such charges.

6.7 If the payment of your order is not completed, no service will be activated and no domain name will be registered.

6.8 For payments we work with the Stripe service. Immediately after submitting your order, you will be directed to the website of the payment provider (stripe), where you will make the payment. You acknowledge and agree that payment processing will be subject to the payment processor's terms, conditions and privacy policies in addition to this agreement. Once the transaction is complete, you will be redirected back to our website.

6.9 Any payment method (debit or credit card) you use must be yours or specifically authorized by the cardholder to use it for the purchase.

6.10 You acknowledge and agree that your payment information will be stored by our payment provider (Stripe) to process payment for any Bellinetti Hosting Services you purchase or renew. You must understand and agree that Stripe provides us with a unique token for your subsequent transactions with us. Fifteen (15) days prior to your debit or credit card expiration date you will receive a reminder to update your payment information to avoid potential issues when renewing your services.

6.11 Our obligation to provide the services depends on your payment. It is your responsibility to ensure that we receive timely payment for your services.

6.12 In the event that a payment is not made within the stipulated time, you will receive a payment reminder. If, despite this, the payment and renewal of the services is not carried out by the end of it, then, immediately or after three (3) days at the most, it will be suspended. When your late payment is made, your service will automatically be activated. You should be aware that you may be charged late fees (or redemption in the case of domain names) when you pay late for your services. In any case, if there are additional fees you will be informed before your payment.

6.13 Services that have not been paid for and renewed thirty (30) days after their expiration are terminated without further notice. We are not responsible for any loss of content or data from termination and deletion of services that are not renewed. In some cases it may be possible to recover data and content from terminated services. You should contact technical support to find out about this possibility and the cost of the recovery service.

6.14 If you think there is an error on your invoice, you must contact us in writing immediately. We each agree to cooperate in good faith in resolving any billing disputes. If you contact your debit or credit card issuer and initiate a "chargeback" based on this dispute, we may suspend services until the dispute is resolved. To reactivate your services, you must first pay all outstanding fees.

6.15 Refund requests are processed as set out in our Refund Policy. We will apply any refund using the same means of payment that you used for the original transaction, unless we have expressly agreed otherwise. We are not responsible for delays in refunds caused by processing institutions or expiration of the original payment method.

7. 30-Days money back quarantee

7.1 At Bellinetti Hosting, we strive to provide exceptional hosting services and ensure customer satisfaction. As part of our commitment, we offer a 30-day money-back guarantee to all new customers who are not fully satisfied with our hosting services. Please read the following terms and conditions regarding our money-back guarantee:

7.2 Eligibility:

• The money-back guarantee applies to new customers only.
• To be eligible for a refund, the customer must submit a cancellation request within 30 days of their initial purchase or account activation date.
• The money-back guarantee applies to hosting fees only and does not include any additional services, domain registration fees, or other third-party charges.
• If you have taken advantage of our offer of a free domain name with your hosting plan and request a refund under our 30-day guarantee, the refund amount will be deducted from the registration fee based on the current price list without any discount or other promotion that may be available.

7.3 Refund Process:

• To request a refund, the customer must cancel their service from the corresponding button on the main menu in the "Client Area" or contact our customer support team through the ticket service and request the cancellation of their service.
• Upon receiving a service cancellation request, our team will verify the criteria accordingly and process the refund within five (5) business days from the date of the request.
• Refunds will be issued using the same payment method used for the original purchase, unless otherwise specified in the agreement between us.
• Your debit or credit card issuer may charge you a transaction fee for the refund, which will be borne by you.
• You will be refunded the money you paid to purchase the hosting service after deducting the transaction fees held by the payment provider (Stripe).

7.4 Exclusions:

The money-back guarantee does not apply in the following circumstances:

• Violation of our Terms of Service or Acceptable Use Policy.
• Failure to comply with applicable laws or regulations.
• Abuse or misuse of our services, including excessive resource consumption, spamming, hacking, or any illegal activities.
• Any refunds requested after 30 days from the initial purchase or account activation date.

7.5 We reserve the right to refuse refunds or apply alternative resolutions, such as service credits or account adjustments, at our discretion, in cases where the customer's request falls outside the scope of the money-back guarantee.

7.6 Account Termination:

• In the event of service cancellation and a refund request under the money back guarantee, we reserve the right to immediately terminate the customer's account and related services.
• Before requesting the cancellation of their service and a refund, the customer must, at their own risk, transfer their content to another infrastructure.
• After account termination, the customer will no longer have access to data or content stored in their account and we will not be responsible for any loss of data.

7.7 Modification or Termination:

• We reserve the right to modify or terminate the money-back guarantee at any time without prior notice.
• Any changes to the money back guarantee will not affect refund requests for purchases made thirty (30) days prior to the effective date of the changes.

7.8 Limitation of Liability:

• Our liability under the money-back guarantee is limited to the amount paid by the customer for the hosting services within the specified refund period.
• We shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the money-back guarantee.

7.9 By purchasing and using our hosting services, you agree to abide by the terms and conditions outlined in this money-back guarantee policy.

8. User content

8.1 You may upload, store, post, display and disclose information, text, files, email, images, designs, graphics, video, audio, software and other content on or through the Services ("User Content"). User Content includes any content posted by you or by users of your website hosted on our servers. You are solely responsible for any User Content and any transactions or other activities that take place on your website. By posting or disclosing User Content via our services, you represent and warrant that:

• you have all the rights necessary to display and disclose this content and
• the publication or disclosure of User Content does not infringe our rights or any third party's rights.

8.2 Solely for purposes of providing our Services, you hereby grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right and license to use, modify, publicly perform, publicly display, reproduce, excerpt (in whole or in part), publish, distribute User Content, including to make back-up copies of User Content and User Websites without any payment. Except for the rights expressly granted herein, Bellinetti Hosting does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

8.3 We shall not exercise control over and accept no responsibility for User Content or any other information passing through our services. We may monitor User Content but is under no obligation to do so. If you or your End Users post or publish any material in violation of these TOS, or otherwise violate these TOS, to resolve the issue we reserve the right to review your Content and immediately take any corrective action, including without limitation removal of part or all of the User Content or User Websites, suspension or termination of any services with no refund.

8.4 The publication of any kind of pornographic or other illegal content is prohibited. The use of null software, including plug-ins, themes, applications, etc. is also prohibited. In the event that we are requested by the state, the creator or any other authority, we have the right to either terminate and delete the content or service that violates these terms or to suspend the operation of your service and call you to prove the legal possession of the content or whatever else may be necessary.

8.5 You hereby agree that Bellinetti Hosting shall have no liability due to or arising out of any corrective action that we may undertake.

9. Backup services

9.1 You agree and acknowledge that creating and storing backup copies of your content is done by you and at your own risk.

9.2 You can get backups as often as you like, depending on how often you make changes to your content. To reduce the possibility of data loss, we encourage you to store these backup files in a different location such as your local computer.

9.3 Before making any changes or updates to the content of your website or its software, to avoid data loss, we urge you to always take a backup copy of your content.

9.4 To create backups and restore your content from them you can use the "backup manager" application that is offered to you for free through the Plesk control panel. However, you may use other third-party applications or plugins at your own risk.

9.5 The backups you receive and store in your account count towards the total amount of data your current subscription can handle.

9.6 You understand and agree that we create and store backup copies of your account at a predetermined time every day and keep a limited number of copies, for a minimum of 3 weeks. However, data created after the last day's backup was taken cannot be recovered.

9.7 Backups created by us do not count toward the total amount of data your subscription can handle.

9.8 You accept and understand that the backups we create may be stored on servers in different data centers which may be located in a different location, country or continent. However, the same personal data management policies will continue to apply.

9.9 You agree and acknowledge that any backup may not be available or usable in whole or in part for technical reasons. Such technical reasons may include but are not limited to, an excessive number of files and/or folders in your content, excessively long file and/or folder titles, corrupted files, software and/or hardware failure, etc.

9.10 You agree and understand that if you upgrade, downgrade or change your subscription we may delete backups created with your previous plan and start new backups based on the new plan.

9.11 You acknowledge and agree that in the event that your data needs to be restored from a backup copy you must request it by opening a ticket within your account, in which you must indicate to us the point at which you want us to restore your data (for example the latest available or a specific date which will be within the range we keep the backup copies of) and of course, to give us a reasonable period of time for our technicians to implement your request. The implementation time of your request depends on several factors. Examples of factors include but are not limited to large data volume, location of backups, current workload, etc.

9.12 If you are not satisfied with the result of the restoration of your data performed by your technicians at your request, then you should restore your data, at your own risk, from your own backups.

9.13 In any event, you should be aware and accept that after any data restoration from backups, your data is provided without any processing and may require configuration or processing by you.

9.14 In general, the backup and restore service is provided to you "as is" and our only obligation is to provide you with data restoration from a backup created by us, if technically feasible, within the framework defined by the national and/or European legislation and without prejudice to your rights as a consumer.

9.15 We reserve the right to refuse to restore data from backups and/or to charge you for the service when it is not within the scope of our customer service fair use policy. An example of such cases without being limited to them is a high frequency of data restore requests, a request to restore a different copy than the one you originally requested, an immediate restore requirement, etc.

10. Customer account

10.1 All customers have a customer account. If you are a new customer you will be asked to create a new account during the process of your first purchase of services from Bellinetti Hosting.

10.2 The customer account contains your personal information and/or business information depending on whether you are purchasing services as an individual or a company.

10.3 From the customer account you can access all the services you have at Bellinetti Hosting, manage updates, renewals, new purchases, payments, your contact information, create and manage support tickets, even access the history of invoices and emails you have received from us.

10.4 The connection to the customer area is done with your email and the password you created when you registered for the service. You are solely responsible for the security of your credentials and for keeping them confidential to prevent their unauthorized use.

10.5 For additional security, you can enable two-factor authentication (2FA). Follow the instructions to activate 2FA easily. The choice of the device you will use for the 2FA application is your own responsibility.

10.6 You are solely responsible for the activity that occurs on your account, whether it is done by you, a representative of yours, your employee or any other third party. You should always take steps to protect your credentials as well as the device you have installed (if applicable) the 2FA application on. If you find any violation in your account you should immediately contact our technical support (support@bellinetti.com).

10.7 You agree that all information you provide to us is correct and truthful. You are solely responsible for keeping current information correct, true, and accurate. In the event that you do not do so, we have no liability in the event that we grant access (if requested) to your account to another person whose details match those you have provided to us.

10.8 In each case, the person or company whose details are stated in the "account details" section is considered to be the owner of the account.

10.9 The domain names belong to the entities declared at the time of their registration or transfer, always in accordance with ICANN rules.

10.10 If you purchase a domain name on behalf of a third party and a dispute arises regarding its management, for the duration of the dispute, you agree that you are solely responsible for all charges associated with the domain name.

11. Hosting Plans

11.1 Each hosting plan comes with features that are available on the product page at the time of ordering.

11.2 Commercially available hosting plans may change from time to time. This will not affect existing plans.

11.3 All hosting plans that are commercially available automatically renew upon expiration for the same billing cycle at current rates.

11.4 Before renewing your hosting plan, you have the option to request a change to your billing cycle. You can request this change by opening a ticket in the billing & accounting department. The change will take place from the next renewal.

11.5 Websites
Each hosting plan allows a number of websites (as specified in the plan description) to be hosted. These websites must be owned by you or your company. You may not resell or rent any part of your hosting plan to third parties.

11.6 Storage Space
Each hosting plan has storage space as specified in the plan description. This storage space includes:

• Your website data.
• Your databases.
• Your backups (those created by you).
• Your mailboxes.

11.7 Dedicated IPv6
All of our hosting plans are eligible for a dedicated IPv6, upon request. You can ask our customer support to allocate one at your hosting account.

12. Upgrade your service

12.1 You can upgrade your hosting service whenever you want or need it by choosing another commercially available plan. In order for the plan upgrade to take place you will need to open a new ticket in the sales department and request the change.

12.2 When upgrading the plan, the difference between the service you selected and the current service for the period until its expiration will be calculated, which you will have to pay to upgrade. Then, when renewing the service, you will pay based on the new plan you have chosen.

12.3 In the event that you need to upgrade your hosting plan and the commercially available plans do not meet your needs, you can contact the sales department so that an experienced consultant can prepare a package according to your needs.

13. Downgrade your service

13.1 If your hosting plan is too big for your current needs, you can downgrade to another commercially available plan.

13.2 Service downgrading can be done at the end of the current billing period, before its renewal.

13.3 To downgrade a hosting plan you must send a related request to our sales department, opening a new ticket.

13.4 Once your request is processed and it is established that the newly downgraded plan meets your needs (capacity, system resources, etc.) the downgrade will take place and you will pay based on the new plan at the next renewal.

13.5 Refunds are not given in any case of downgrading a service.

14. Customer responsibilities & Use of Services

14.1 You agree and acknowledge that your use of the services and any content uploaded, stored, published and displayed on or through the services is in compliance with these Terms of Services and all applicable laws, including the laws of the jurisdiction where the service or content is uploaded, is hosted, stored, accessed, or used.

14.2 You shall apply any restrictions necessary to prohibit the use of the Services by any third party or in any jurisdiction as required to comply with such laws.

14.3 It is your responsibility to ensure that users of your content comply with these terms of service and any policies and agreements incorporated by reference.

14.4 You agree not to upload, store, publish, display on or through our services, personal data, private or other identifying information, images and videos of minors or any third party without their consent or the parent/guardian in the case of a minor.

14.5 You agree that in the event that you upload, store, display or publish such information you will assume that you have previously obtained their consent and will show or prove it if and when asked. Any legal claim will be against you as you are solely responsible for your content.

14.6 It is not allowed to use our services to host websites that contain malware, phishing, scams, and activities that encourage behavior that may cause death, injury, environmental damage, generally criminal behavior, animal abuse, etc.

14.7 You may not use our services to host websites that contain pornographic content in any form including but not limited to video, photos, ads for the purpose of sex, etc.

14.8 In the event that it comes to our attention or a report is made by a third party about the existence of such content, we will immediately suspend the operation of your account or it may even be deleted immediately if this is requested by the authorities.

14.9 You should know and agree that, upon request, we will do our best to facilitate the authorities' investigations into child pornography or any other illegal activity.

14.10 You are responsible for all of your activity related to your use of our services and the activity of any user accessing your customer account and the services.

14.11 You agree that you have the necessary technical knowledge to ensure the proper and secure use and management of our services that you purchase and use.

14.12 You agree that both you and the end users of the services will not make reckless use of system resources to the detriment of our company or our other customers for any reason, including but not limited to malicious act, bad software, misconfiguration etc.

14.13 You agree that you are solely responsible for the accuracy of the information you provide us, about yourself or your organization, and will keep it up to date. We are not responsible for possible consequences due to wrong or inaccurate information you provide to us or your failure to update the information.

14.14 If you purchase services on behalf of third parties, you agree to ensure that each of your customers and end users complies with these Terms Of Services. You are solely responsible for the content they upload, store or use and for any violation of the Terms Of Services or the law by them.

14.15 You agree and accept that if you use third-party software, you must obtain all applicable licenses and, if requested, either upon complaint or audit, promptly provide them. If you do not provide licenses, we reserve the right to suspend and/or terminate our services.

14.16 You agree that you are solely responsible for obtaining consent, authorization, license to use intellectual property or otherwise necessary for the content (including but not limited to photos, videos, text, trademarks, names of persons, etc.) that you use, store, display or transmit from or with our services.

15. Technical Support

15.1 The technical support service is available to all our customers free of charge and is provided as is, subject to availability. Although our technicians do their best, we cannot guarantee that we will always respond and/or resolve all issues in the average time that we may announce on our website.

15.2 You can request technical support through the ticket system in the customer area. Before requesting technical support you should ensure that your content is backed up.

15.3 You accept that you are solely responsible for the correct description of the problem that you will report to us and that the instructions that you will give to our technician are correct. You should be aware that our technician may gain full access to your content and/or services in order to provide you with technical support.

15.4 Our experienced technicians make every effort to provide timely and professional technical support, but we cannot guarantee that a similar issue will not occur in the future or that the result will be what you expect.

15.5 In the context of technical support, requests for infrastructure modification, hardware installation, software installation or other configuration in order to make our infrastructure and the functionality of our systems compatible with your requirements will not be accepted.

15.6 We provide free technical support for issues related to the hosting and domain name services we provide:

• Issues related to the availability, operation, functionality and stability of web hosting services.
• Issues related to backing up and restoring your content from backups.
• Issues related to the correct settings of the services provided by us for their most effective use.
• Issues related to registering, transferring or renewing domain names.
• Issues relating to additional services you procure from us including but not limited to SSL certificates, CDN, VPN, premium email etc.

15.7 Issues for which we do not provide free support:

• Issues related to the design, development and customization of web pages.
• Issues related to improving or debugging websites.
• Issues related to database configuration and/or optimization.
• Issues related to installation, setup and/or configuration of third-party software.
• Issues related to scanning and cleaning from malware and viruses.
• Issues related to the configuration of third-party systems, software and/or hardware, including but not limited to ERP Systems, email clients, payment gateways etc.

15.8 You should be aware and agree that we have the right to refuse to provide free technical support and/or charge you for issues caused by you for a variety of reasons, including but not limited to abusing your right (e.g. frequently requesting restoring from a backup, etc.), doing tests, lack of knowledge, violation of these Terms Of Services, etc.

15.9 If you request technical support for issues not covered by free technical support, we may provide support based on our discretion, availability and technical ability for a fee. In this case, we will first inform you of the availability and cost and ask for your consent to the implementation.

15.10 In any case, technical support fees must be paid in advance.

16. Term and termination

16.1 The term for each service you purchase shall be set out on the order. The term may be extended as described in our renewal policy or terminated as described below. To avoid doubt, “term” shall include the initial term and any renewal term.

16.2 You may terminate a service at any time through the "Client Area" (cancellation request). We will send you an email confirmation to acknowledge your completion of the cancellation request. If you fail to complete all steps of the cancellation request, or if you fail to use a cancellation request to terminate the service, the services will not be terminated, and fees will continue to be charged. You must follow this procedure in order to terminate each service. Once you complete a cancellation request, we will process it and issue a refund, if applicable, as set out in our Money Back Policy.

16.3 If you are a consumer, you have the right to withdraw from this Agreement, informing us of your decision to withdraw through the "Client Area" (Cancellation Request).

16.4 You acknowledge and agree that any domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any applicable rules or policies, including, but not limited to: the UDRP, any ICANN adopted policy, any registrar or registry administrator procedures or any other ccTLD registry administrator procedures.

16.5 Without prejudice to the provisions laid down in other clauses of thеsе TOS, Bellinetti Hosting shall be allowed to terminate this agreement with or without notice with immediate effect if:

• you fail to pay any fees due,
• you breach these TOS, our "Acceptable Use Policy" or any other policy incorporated herein by reference, or any law and fail to cure that breach within 48 hours after receipt of written notice,
• you repeatedly infringe any policy incorporated herein or announced on our website,
• in case of any action and/or omission, failure and/or malfunction caused by you or your end user(s) which damage our servers and facilities or the servers and facilities of other network hosts or internet users,
• you disclose false or misleading allegations that may negatively impact our reputation,
• transfer all or part of your obligations and/or rights under this agreement to third parties, without our prior written consent.

16.6 Bellinetti Hosting may also terminate this agreement by fifteen (15) days written notice as of the date of its receipt if according to our reasonable opinion, you do not have the basic technical knowledge to use the service(s) without excessive ongoing technical support or we determine in good faith that continued provision of the service has become unfeasible for technical, legal, regulatory, economic or any other material reason.

16.7 We may stop providing certain services or terminate this agreement if a third party ceases to make those services or part of the service available to us.

16.8 It is important to understand that some services are bundled. As a result, termination of services that provide hosting (Hosting Account) may result in immediate termination of other, additional services. Upon termination any information, data, content and files you have stored on our server will be deleted. We may retain backup data for terminated services for up to thirty (30) days after termination and provide you with access to such data upon request and upon availability. IP addresses and server space are recycled. It is your responsibility to relocate your website or content from our servers and to give up the use of the IP address assigned to you in connection with your use of our services prior to termination. We have no obligation to provide any service to you, including email forwarding, after termination.

17. Intellectual property rights

17.1 We retain ownership of all intellectual property rights associated with providing our services. We grant you a non-exclusive, non-transferable limited license to access and use the Services during the Term or any renewal term. All trademarks, product names, services, software, script, source code, content, photos, graphics, videos on our website, logos or slogans and our website content that we use are owned or licensed to us. You acknowledge and agree not to modify, copy, reproduce, download, transmit, distribute, sell, license, publish, transmit, create derivative works from, or store our content for any purpose other than using our services, without our prior written consent.

17.2 Except as otherwise provided in these "Terms of Services", you own all right, title and interest in the information you place on our servers pursuant to the services.

18. Third-party links - Affiliate links

18.1 Our website and services may contain links to other websites operated by or to content provided by third parties. You understand and agree that we have no control over such third-party websites or their content, and shall have no liability arising out of or in connection with your use of any third-party websites or their content. We are not responsible for any legal documents (agreements, terms and conditions, policies, etc.), content and practice of any third-party websites. The existence of any third-party links does not constitute an endorsement of such websites, their content, or their operators. We include and provide these links for your convenience only.

18.2 You acknowledge and agree that third-party links on our website may contain affiliate tracking and we may collect a share of sales or other restitution from such links.

19. Limitation of liability

19.1 To the maximum extent permitted by applicable law, and without affecting your rights as a consumer, you agree that you will not under any circumstances, including negligence, hold Bellinetti Hosting, its officers, directors, employees, licensors, agents, subcontractors and/or third-party service providers liable for any direct or indirect damages of any nature and type suffered by the customer of third-parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from delays, malfunctions, suspension and any other interruption in the provision of the service due to events beyond our reasonable control (for example, force majeure, third-party conduct/acts, including Bellinetti’s Hosting licensors and suppliers; faults and malfunctions of the machines, software, and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by customers and in contrast with the obligations undertaken under these TOS); data loss due to hardware or software failure; any information, data, content in or accessed through the services; any action, information or instruction provided as part of our technical support services; your use of the services.

19.2 You agree that the foregoing limitations apply whether based on warranty, contract or tort or any other legal theory and apply even if we have been advised of the possibility of such damages.

19.3 In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective services during the twelve month period preceding a claim giving rise to such liability.

19.4 Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law, and your rights as a consumer will not be affected.

20. Warranties

20.1 To the maximum extent permitted by applicable law and without prejudice to your rights as a consumer, you acknowledge and agree that the services are provided by Bellinetti Hosting on an "as is" basis and you assume all risks and liabilities arising out of or related to the use and reliance thereof from the services and that we make no representations or warranties about them.

20.2 Bellinetti Hosting hereby expressly disclaims all representations, warranties and conditions regarding the services, express or implied, including any representation or warranty of quality, performance, non-infringement, merchantability, merchantability or suitability of services for a specific purpose.

20.3 In addition, we expressly disclaim any express or implied service obligation or warranty that could be construed as requiring us to provide services in such a manner as to enable the customer to comply with any law, regulation, rule or court order applicable to the actions or functions of the client.

20.4 Without limiting the generality of the foregoing, we do not warrant that the services will meet any or all of your needs, will function in all combinations that may be selected for use by you, or that the operation of the services will be uninterrupted, error-free, or absolutely safe.

20.5 No employee, supplier, or subcontractor of ours is authorized to make any warranty on our behalf, and if they do make such warranties, Bellinetti Hosting shall not be bound by them.

21. Legal consequences - Indemnities

21.1 You acknowledge and agree that you will defend our company and any potential legal consequences or damages against us, related companies, partners, third party service providers, organizations, shareholders, officers, agents and employees thereof, or any natural or legal person claiming damages, damages, liabilities, actions arising out of or related to your use of the services and/or any acts or omissions by you and/or any violation of the Terms Of Services of the services and/or violation of any law related to the services and/or from false your statements and guarantees provided by you regarding the Terms Of Services of the services, will be solely and entirely borne by you individually and collectively as you will also be responsible for any costs arising as a result of the above including but not limited to attorneys' fees.

21.2 You acknowledge and agree that the terms of this section will survive termination for any reason.

22. Objections - Complaints

22.1 If you are not satisfied with our services you can send your objection / complaint either by opening a new ticket (select "Support" on our website) to the relevant department based on your objection / complaint ("Technical Support" / Accounting & Billing / Sales) or via email to the relevant department based on your objection / complaint:

• Technical Support: support@bellinetti.com
• Accounting & Billing: billing@bellinetti.com
• Sales: sales@bellinetti.com

22.2 If you select the wrong department no need to worry, we will forward it to the correct department but in this case you may get a delayed response.

22.3 We promise to consider your complaint fairly and make every effort to satisfy you within the terms of service. You may be asked to provide us with evidence and evidence of your complaint.

22.4 In order to resolve your objection / complaint, it will be necessary to submit your personal data to us, possibly accompanied by additional information related to your complaint. In order to process your complaint, one or more people, external partners or consultants, will have access to this data and will manage it based on our privacy policy.

22.5 All complaints / objections must be made in writing and any response will be given to you in writing.

22.6 We promise to respond and make every effort to satisfy you under the terms of service as soon as possible. You should be aware and agree that your cooperation may reduce the resolution time.

22.7 If the response to your objection / complaint does not satisfy you, you can request escalation to a Supervisor. We cannot promise that our answer will always be as expected, but we can promise that we will do our best so that the solution we propose to you will be fair and in accordance with the terms of service and technical and commercial specifications.

23. Dispute Resolution

23.1 Should any dispute, dispute or claim arise relating to this agreement, we and you agree to use our best efforts to resolve it out of court and to negotiate until a satisfactory, fair and acceptable solution is reached by each party.

23.2 You agree and accept that for any legal dispute the civil courts of Athens, Greece and Sofia, Bulgaria shall have exclusive jurisdiction over the execution, interpretation and application of this agreement.

23.3 If you are an individual consumer, a resident of the European Union, based on Regulation No 524/2013/EC you have the right to use the online dispute resolution portal.

24. Terrorist Content Removal

24.1 We are committed to the mission of combating terrorist content online. Accordingly, we are dedicated to comply with all relevant legislation in the area, including Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 (the “Regulation”).

24.2 As per our acceptable use policy, using our services for purposes related to terrorism is prohibited. Accordingly, where we have identified that such content is hosted by us, either by conducting our own monitoring or by receiving third-party complaints, we reserve our right to immediately take any corrective actions, including without limitation removal and/or preservation of part or all of the content and/or website(s), locking of Client Account, suspension or termination of any and/or all services, without refund.

24.3 We do this by taking care that we will not block the access to material disseminated to the public for educational, journalistic, artistic or research purposes or for the purposes of preventing or countering terrorism, including material that represents an expression of polemic or controversial views in the course of public debate.

24.4 If you as our customer think that we have unjustly removed or blocked the access to your content, you are free to submit a complaint, as described in our customer support department.

24.5 We will comply with removal orders issued by competent authorities under the Regulation within the timeframes, set out in the "Regulation".

24.6 We are not allowed to evaluate or dispute whether content, subject to such removal orders, is terrorist content or not.

24.7 We will inform you in case we have removed or blocked the access to your content pursuant to a removal order unless we have been instructed not to do so by the issuing competent authority.

24.8 In accordance with the "Regulation", we hereby determine the following contact point for the purpose of receiving removal orders in regard to terrorist content: tcr@bellinetti.com . Removal orders may be sent to this email contact. Preferred language is English.

25. Copyright Infringement

25.1 Bellinetti Hosting fully complies with European Laws on Information Society Services and Electronic Commerce to protect the rights of copyrights owners.

25.2 If you think that a website hosted on any of our servers contains materials that rightfully belong to you or an entity you represent, you should directly contact the infringer.

25.3 Bellinetti Hosting, in its capacity as Internet Service Provider, and pursuant to the provisions of Laws, will only be required to remove or prevent access to information published by third parties ONLY when it becomes aware of the illegality of this information.

25.4 All reports of copyright infringement regarding websites hosted by Bellinetti Hosting should be sent to email report@bellinetti.com with the necessary information and/or decisions of the competent authorities.

26. Notifications

26.1 We will send you notifications related to your services (e.g. service renewal) via the email you have registered in your account and/or a notification in your client area. It is your responsibility to keep your contact information up to date.

26.2 When you open a support ticket or receive a response to a ticket, we will send you an email and there will also be a notification in the client area.

26.3 We will not be responsible if any emails are undelivered due to incorrect contact details and notices not being heeded by you.

27. Change of "Terms Of Service"

27.1 Our company reserves the right to modify these Terms Of Services at any time, with immediate effect. If any change occurs, the updated terms of service will be posted on the website and you will receive an email notification. We are not responsible if you fail to receive the relevant email due to an incorrect registered address or it does not come to your attention.

27.2 If you do not agree with the changes to the terms of service, you must suspend your use of the services within ten (10) days of the notification being sent by us. The suspension of the use of the services can be done from the client area, canceling the service, stating that the reason for cancellation is your disagreement or sending an email to customer support stating that you disagree with the change in the "Terms Of Service" and your desire to suspend the use of the services.

27.3 In the event that you cancel the use of the services due to disagreement with the change in the terms of service (and only for this reason), you may be entitled to a partial refund for the remaining period (eligible services for refund are hosting services only). You should email the billing and accounting department to let you know if you are eligible for a refund and what the refund amount is. How the refund is calculated will be specific and non-negotiable. (e.g. if you have purchased a two-year subscription and choose to cancel on the 15th month, then the cost of the annual subscription plus 3/12 of it will be deducted from the initial amount and the difference will be refunded to you.) Transaction fees for the refund will be borne by you.

27.4 To the extent permitted by applicable law, your continued use of the services after receiving notice of changes to the "Terms of Service" will be deemed your acceptance of the changes and the updated agreement will apply, unless you have objected to and requested termination within period of ten (10) days mentioned above.

27.5 If the change to the "Terms Of Service" is required by law or the change does not reduce your rights and/or increase your responsibilities, the change will be made without prior notice and will be effective immediately.

27.6 If the change in the "Terms Of Service" is related to the addition of a new service or additional functionality to your existing services, the change will be made without prior notice and will be effective immediately.