BitBreeze Ltd

 

TERMS OF SERVICE

This Web Hosting Agreement (referred to as the “Agreement”) or Terms of Service (hereinafter “TOS”) is entered into between BitBreeze Ltd, a legal entity established under the laws applicable to its jurisdiction, and the individual or legal entity purchasing BitBreeze Ltd’s services and agreeing to these Terms of Service during the setup process (hereinafter the “Order”). This Agreement governs the use of BitBreeze Ltd’s web hosting services.

 

1. SERVICES

Subject to the terms of this Agreement and upon satisfaction of BitBreeze Ltd’s credit approval requirements, BitBreeze Ltd agrees to provide the web hosting services as detailed in the Order for the specified fees.

2. TERM

The initial term of this Agreement begins on the date BitBreeze Ltd sends an email announcing the activation of the Customer’s account (the “Service Commencement Date”) and continues for the number of months stated in the Order (the “Initial Term”). Upon the Initial Term’s expiration, this Agreement automatically renews for the same duration as the Initial Term (each a “Renewal Term”) unless BitBreeze Ltd or the Customer provides a termination notice at least 7 days before the expiration of the Initial Term or the then-current Renewal Term, as applicable. The combined Initial Term and any Renewal Term are collectively referred to as the “Term.”

3. PAYMENTS

(A) RECURRING FEES

Renewal notices are sent via email seven days before the actual renewal date. If a credit card is on file, it will be automatically charged two days before the renewal notice. For Paypal billing, manual payment is required every month. All payments are non-refundable beyond our 30-day refund policy. Service will be deactivated for accounts not paid within 7 days past the due date. BitBreeze Ltd reserves the right to revoke this grace period for late payments or if the payment method is labeled as “other.” Late payment incurs a $10.00 fee, and terminated accounts due to non-payment are subject to a $10.00 restoration fee once all past due invoices are settled.

(B) PAYMENT TERMS

BitBreeze Ltd offers multiple payment terms with increasing discounts. Payments to BitBreeze Ltd are non-refundable after the initial 30 days of service. Within the first 30 days of a Quarterly, Semi-Annual, or Yearly paid service, a conversion to a Monthly subscription is allowed, with the remaining balance refunded. Changes to payment terms before renewal are free. Cancellation of a Quarterly, Semi-Annual, or Yearly package before renewal results in pro-rating to the nearest Monthly billing cycle, with remaining funds credited to the account.

(C) CREDIT/DEBIT CARD AND YOUR ADDRESS ON FILE

When an order is placed with a credit/debit card, your card is stored on file, and it will be automatically charged every month two days before your due date. For security purposes, your address on file with us must match the address of your credit/debit card. If this address does not match, our payment gateway will not accept the transaction. If you have a credit card on file and the transaction is declined due to the address, this transaction might appear as a pending charge but will not be processed through. If you have a debit card on file and the transaction is declined due to the address, your bank will withdraw the money from your account, but this amount will be refunded back to your account by your bank. It is recommended to always store a credit card on file instead of a debit card.

(D) PAYMENTS BY ELECTRONIC CHECK (ECHECK OR ACH)

BitBreeze Ltd accepts electronic checks, commonly known as eCheck or ACH payments, from banks or financial institutions located in the United States payable in U.S. dollars only. When you enter your eCheck or ACH information, it is stored on file and will be automatically charged every month two days before your due date. You agree and confirm that BitBreeze Ltd may debit the full invoiced amount from your checking account as a non-refundable payment and may use this account for recurring payments. If you do not wish to enable recurring payments on your ACH account, please disable them by following the directions here: [Enable Auto Debit]. It is your responsibility to ensure that adequate funds are in your account to cover any and all invoices submitted against it. BitBreeze Ltd is not liable nor responsible for any fees, overdraft charges, or any other penalties that may result from a lack of funds when invoices are processed.

(E) FEES AND PENALTIES FOR ELECTRONIC CHECK (ECHECK OR ACH)

The customer (you) acknowledges that it is your responsibility to ensure that adequate funds are in your account to cover any and all invoices submitted against it. BitBreeze Ltd is not liable nor responsible for any fees, overdraft charges, or any other penalties that may result from a lack of funds when invoices are processed. BitBreeze Ltd will attempt to process an automatic debit against your ACH account no more than two (2) times in a calendar month before disabling the auto-debit feature of your account. The customer acknowledges that BitBreeze Ltd will charge $5 for each failed attempt to process a payment and $35 for any chargeback associated with an ACH payment. BitBreeze Ltd is not liable nor responsible for any fees, overdraft charges, or any other penalties that may result from a lack of funds when invoices are processed.

(F) TAXES

At BitBreeze Ltd’s request, the customer shall remit all applicable taxes on the services. This excludes income taxes on BitBreeze Ltd.

(G) 30 DAY MONEY BACK GUARANTEE

New BitBreeze Ltd customers are eligible for a 30-day money-back guarantee on hosting packages, excluding Dedicated Servers, Domain Name Registrations, and SSL Certificates. Violations of TOS/AUP void eligibility. Refund denial is at BitBreeze Ltd’s discretion in case of service abuse.

(H) REFUNDS FOR DOMAINS & SSL CERTIFICATES

Domain registration cancellation within three days receives a full refund (minus transaction fees). SSL Certificates may be canceled within 5 days for a full refund or account credit. After five days, no refunds are issued.

(I) PAYMENTS DEDICATED SERVERS

No 30-day money-back guarantee on Dedicated Servers. Renewal notices are sent seven days before the service due date. Late payment incurs a $25 fee. Unpaid invoices by the 7th day past the due date may lead to service termination and server reformatting.

(J) SERVICE UPGRADES

Service and license upgrades are maintained for a minimum of 30 days or one full billing cycle. This includes add-on software, license upgrades, and physical upgrades to dedicated servers.

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4. CANCELLATION AND EARLY TERMINATION

The Customer acknowledges that the service fee is based on the agreement to pay for the entire Initial Term or Renewal Term. In the event that BitBreeze Ltd terminates the Agreement due to a Customer’s breach in accordance with Section 12 (Termination), or the Customer terminates the service other than in accordance with Section 12 (Termination) for BitBreeze Ltd’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term are due on the business day following termination of the Agreement. The Customer must submit a cancellation notice or downgrade of the current package to BitBreeze Ltd before the following renewal date, or the Customer will be responsible for full payment of the following term. The cancellation request is subject to the following guidelines:

• Cancellation requests must be submitted to the billing department.
• Cancellation requests must be submitted from the main email address on file with BitBreeze Ltd.
• Cancellation requests must contain the main IP address and hostname of the hosting plan the Customer wishes to cancel.
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5. CANCELLATION AND EARLY TERMINATION (DEDICATED SERVERS)

The Customer acknowledges that the cancellation notice must be provided in writing to BitBreeze Ltd prior to the following renewal date, or the Customer will be responsible for full payment of the following term. The cancellation request is subject to the following guidelines:

• Cancellation requests must be submitted to the billing department.
• Cancellation requests must be submitted from the main email address on file with BitBreeze Ltd.
• Cancellation requests must contain the main IP address of the server the Customer wishes to cancel.
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6. LAW/AUP

The Customer agrees to use the service in compliance with applicable law and BitBreeze Ltd’s Acceptable Use Policy (the “AUP”), which is hereby incorporated by reference in this Agreement. The Customer agrees that BitBreeze Ltd may, in its reasonable commercial judgment consistent with industry standards, amend the AUP and TOS from time to time to further detail or describe reasonable restrictions and conditions on the Customer’s use of the Services. Amendments to the AUP and TOS are effective on the earlier of BitBreeze Ltd’s notice to the Customer that an amendment has been made or the first day of any Renewal Term that begins subsequent to the amendment. The Customer agrees to cooperate with BitBreeze Ltd’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between BitBreeze Ltd and the Customer regarding the interpretation of the AUP, BitBreeze Ltd’s commercially reasonable interpretation of the AUP shall govern.

7. CUSTOMER INFORMATION

The Customer represents and warrants to BitBreeze Ltd that the information provided and to be provided for establishing and maintaining the service is accurate. If the Customer is an individual, the Customer represents and warrants to BitBreeze Ltd that he or she is at least 18 years of age. BitBreeze Ltd may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to the Customer’s account until the Customer has provided written notice changing the Primary Customer Contact.

8. INDEMNIFICATION

The Customer agrees to indemnify and hold harmless BitBreeze Ltd, BitBreeze Ltd’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses, and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of the Customer’s services in violation of applicable law or the AUP by the Customer or any person using the Customer’s log on information, regardless of whether such person has been authorized to use the services by the Customer.

9. DISCLAIMER OF WARRANTIES

BITBREEZE LTD DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BITBREEZE LTD DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

10. LIMITATION OF DAMAGES

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF BITBREEZE LTD AND ANY OF ITS EMPLOYEES, AGENTS, OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY THE CUSTOMER FOR ONE MONTH OF SERVICE.

IF ANY LAWSUIT OR ARBITRATION OR OTHER LEGAL PROCEEDING ARISES IN CONNECTION WITH THE INTERPRETATION OR ENFORCEMENT OF THIS AGREEMENT, BITBREEZE LTD SHALL BE ENTITLED TO RECEIVE FROM THE OTHER PARTY THE COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED IN CONNECTION THEREWITH, IN PREPARATION THEREFOR AND ON APPEAL THEREFROM, WHICH AMOUNTS SHALL BE INCLUDED IN ANY JUDGMENT THEREIN.

11. SUSPENSION/TERMINATION

(A) SUSPENSION OF SERVICE

BitBreeze Ltd retains the right to suspend services to the Customer, with or without notice and without liability.

(B) TERMINATION

BitBreeze Ltd reserves the right to terminate the Agreement or deny services at any time, with or without notice and without liability. The Agreement may be terminated by the Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if BitBreeze Ltd fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of the Customer’s written notice describing the failure in reasonable detail. Termination in this manner does not absolve the customer of any required payments remaining on their initial or renewal term. The Customer may also terminate this agreement as per Section 4 and Section 6 respectively.

Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

12. BANDWIDTH USAGE

You are allocated a monthly bandwidth allowance, varying with the hosting package purchased. Should your account surpass the allocated amount, BitBreeze Ltd reserves the right to suspend the account until the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until upgrading to a higher package, terminate the account, and/or charge an additional fee for overages. Bandwidth overages are billed at the rate of $20 per TB used. Unused transfer in one month cannot be carried over to the next month. If you exceed your bandwidth limit within the first 30 days of service, you are not eligible for the 30-day money-back guarantee, and you are responsible for any overage.

13. DOMAINS

BitBreeze Ltd is not a domain registrar but a reseller for NameSilo. Customers who purchase or transfer a domain are bound by NameSilo’s terms and conditions. Domain names are billed separately and must be kept current to avoid expiration. If a domain expires, it may be renewed within 25 days at the regular price. After 31 days, it may be auctioned off, and if not auctioned, can be redeemed for a $125 fee within 60 days past the expiration date. Domains are not guaranteed to be renewable past 25 days. All domains cease to function past their expiration date until renewed. No grace period exists for domain name registrations. In case of a payment dispute or chargeback, access and rights to the domain name will be immediately forfeited. To recover a domain name, a reinstatement fee of $75 plus the remaining balance is required if processed within the original expiration time.

(A) DOMAIN CANCELLATION, RENEWAL, AND REFUND POLICY

You may cancel any domain registration within three (3) days of purchase for a full refund (minus any applicable transaction fees). Cancelling after three days results in no refund. Cancelling domain renewals within three (3) days of purchase provides an account credit (minus any applicable transaction fees). If you transfer your domain within 45 days of renewal, you may not be entitled to a refund. Domain renewal cancellations, except for certain automatic renewals, result in domain deletion and placement into the redemption period. No refund is issued for the remaining registration time.

14. REQUESTS FOR CUSTOMER INFORMATION

The Customer agrees that BitBreeze Ltd may, without notice, (i) report to the appropriate authorities any conduct violating applicable law, and (ii) provide information in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action meeting the requirements for such a request.

15. BACKUP COPY

BitBreeze Ltd highly recommends that all customers retain up-to-date backup copies of their data off-site for disaster recovery purposes.

VPS CUSTOMERS:

BitBreeze Ltd provides complimentary backup services for our VPS customers. These snapshots are taken every other day and stored for approximately 7-14 days. The customer agrees to maintain a current copy of all content hosted by BitBreeze Ltd, notwithstanding any agreement by BitBreeze Ltd to provide backup services. The customer acknowledges that any backups provided by or for BitBreeze Ltd services are a courtesy service intended for disaster recovery only, and BitBreeze Ltd does not warrant or guarantee the availability, integrity, content, or operability of these backups.

CLOUD CUSTOMERS: 

BitBreeze Ltd provides complementary backup services for our Cloud customers. These snapshots are taken every other day and stored for approximately 7 days. The customer agrees to maintain a current copy of all content hosted by BitBreeze Ltd, notwithstanding any agreement by BitBreeze Ltd to provide backup services. The customer acknowledges that any backups provided by or for BitBreeze Ltd services are a courtesy service intended for disaster recovery only, and BitBreeze Ltd does not warrant or guarantee the availability, integrity, content, or operability of these backups.

SHARED CLOUD CUSTOMERS: 

BitBreeze Ltd provides complementary backup services for our Managed Shared Cloud customers. We create and store one weekly and two of the most recent daily backups. The customer agrees to maintain a current copy of all content hosted by BitBreeze Ltd, notwithstanding any agreement by BitBreeze Ltd to provide backup services. The customer acknowledges that any backups provided by or for BitBreeze Ltd services are a courtesy service intended for disaster recovery only, and BitBreeze Ltd does not warrant or guarantee the availability, integrity, content, or operability of these backups.

MANAGED WORDPRESS CUSTOMERS: 

BitBreeze Ltd provides complementary backup services for our Managed WordPress customers. We create and store one weekly and two of the most recent daily backups. The customer agrees to maintain a current copy of all content hosted by BitBreeze Ltd, notwithstanding any agreement by BitBreeze Ltd to provide backup services. The customer acknowledges that any backups provided by or for BitBreeze Ltd services are a courtesy service intended for disaster recovery only, and BitBreeze Ltd does not warrant or guarantee the availability, integrity, content, or operability of these backups.

DEDICATED SERVER CUSTOMERS: 

Dedicated server customers are encouraged to purchase and maintain a secondary drive to create and store backups on. BitBreeze Ltd also offers external storage packages for our customers to create and maintain their backups stored external to their dedicated server. BitBreeze Ltd does not warrant or guarantee any backups on Dedicated Servers.

UNMANAGED CUSTOMERS: 

BitBreeze Ltd does not provide any backup services for our unmanaged product lines. The customer is responsible for creating and maintaining backups of their data. BitBreeze Ltd does not warrant or guarantee any data on unmanaged services.

16. REQUEST FOR REBUILD/RESTORE OF HOSTING PACKAGE

During any service term, the customer may request up to two free rebuilds for a control panel change and one free rebuild/restore for any reason of choice. If a customer needs to request a rebuild/restore beyond this limit, a one-time fee of $10.00 will be applied. Additionally, if a customer requests a partial restoration of data, a nominal fee of $10.00 will be charged for each request.

17. CHANGES TO BITBREEZE LTD’S NETWORK

Upgrades and other changes in BitBreeze Ltd’s network, including but not limited to changes in software, hardware, and service providers, may impact the display or operation of Customer’s hosted content and/or applications. BitBreeze Ltd reserves the right to change its network at its commercially reasonable discretion, and BitBreeze Ltd shall not be liable for any resulting harm to the Customer.

18. NOTICES

Notices to BitBreeze Ltd under the Agreement shall be given via electronic mail to the e-mail address of [email protected] or via our online ticketing system at https://support.bitbreeze.org/. All notices, including but not limited to support or billing requests, must be submitted from a registered e-mail address on file for the customer account.

Notices to the Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. It is the Customer’s responsibility to ensure valid and accurate contact information is supplied and updated as necessary. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. The Customer may change their notice address by a notice given in accordance with this Section.

19. FORCE MAJEURE

BitBreeze Ltd shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond BitBreeze Ltd’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

20. BINDING ARBITRATION

As a Customer of BitBreeze Ltd, you agree to submit to binding arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The location of Arbitration shall be selected by BitBreeze Ltd at the time of the dispute.

No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.

The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages, and each party shall bear its own costs, fees, and expenses of arbitration.

21. MISCELLANEOUS

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trademark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on the Customer’s purchase order or other business forms are not binding on BitBreeze Ltd unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights. A party’s waiver of any of its rights under the Agreement is not a waiver of any of its other rights. The captions in the Agreement are not part of the Agreement but are for the convenience of the parties. Provisions regarding fees, indemnity obligations, limitations of liability and disclaimers, ownership of intellectual property, miscellaneous provisions, and others intended to survive termination shall do so. There are no third-party beneficiaries to the Agreement. Customer may not transfer the Agreement without BitBreeze Ltd’s prior written consent. BitBreeze Ltd’s approval for assignment is contingent on the assignee meeting BitBreeze Ltd’s credit approval criteria. BitBreeze Ltd may assign the Agreement in whole or in part.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replaces any prior understanding or communication, written or oral.

Last updated on 12/05/2023