1. The terms regulate the conditions and procedures for the provision of services provided by HostingWalay ("provider", "we", "us", "our") to the user of the services ("user", "he", "his"). 2. Terms of Service regulate the rights and commitments of both the Provider and the User 3. Terms of Service take effect from the moment of the use of the website or the date of electronic acceptance. 4. In Terms of Service, except for cases when context requires otherwise, words indicating singular include plural and vice versa. Similarly, words indicating natural person also indicate legal person. 5. The names of the articles of these rules are simply used for convenience and do not have any influence on interpretation by both parties.
1.1.The Provider does not guarantee that its services, personnel, or anything affiliated with HostingWalay is completely without fault and will not cause unintentional damages.
1.2.The Provider does not take responsibility to cover any damages caused by possible downtime of any service. Nevertheless in knowledge of any issues which caused damage with its services, the Provider reserves the right to limit any amount paid in return to the User, for any of his services, to a maximum of 3 months of the monthly service fee.
1.3.The Provider does not take responsibility for any service maintenance or delivery delays due which were produced by third party services or other actions directly not controllable by the Provider. In cases where delivery is postponed due to external causes the customer has the right to request the next payment date to be moved accordingly.
1.4.The Provider reserves the right to demand upgrade of any service in case when the Provider deems for it to be necessary. This is done to ensure the stability of the service and the rights to equal performance for any neighboring service user.
2.1.In any case of interaction the User agrees with the Terms of Service. 2.2.If not in compliance with Terms of Service, the User agrees not to use any of the services provided by HostingWalay. 2.3.No abusive act or omission may be justified by involvement of third parties. The User is always held liable for any actions carried out using resources bought or leased for temporary use.
3.1.In case of Users non-compliance with Terms of Service, the Provider will act under the sole discretion in order to restore compliance. 3.2.The Provider may deny new orders and halt tasks, including support tasks that are already in progress. 3.3.The Provider will continue communication with the User with emphasis on the non-compliance issue only. 3.4.If the Providers efforts to restore compliance with Terms of Service fail because of the Users non-cooperation, or the violation is too severe, any actions, based on Terms of Service, carried out by the Provider will be considered necessary including suspension or termination of service. In case of such suspension or termination the User will have no right to demand a refund/be refunded. Moreover, the User will be held responsible for this unilateral termination of service agreement initiated by the Provider. 3.5.In case of abuse or any similar adverse circumstances the Provider will take necessary actions to suppress the incident as soon as possible. Considering the severity of the incident the Provider may not contact the User prior to suspension. Such inaccessibility is not considered downtime. The Provider will try to cooperate toward a problem resolution as long as the User puts relative effort into mutual cooperation. However, the User has no right to demand re-activation of the service if the Provider believes that it will cause risk of another incident. 3.6.If any illegal activities occur of which the Provider is aware of, the Provider will contact appropriate legal authorities.
4.1.The Provider guarantees a 99% uptime on all HostingWalay hardware and network connectivity. In any given month, if the uptime guarantee is breached:
1.1.Billing account - the account at the Providers website https://hostingwalay.pk/, holding a summary of any type of services provided to the User. 1.2.By registering with the Provider, the User confirms that:
2.1.The Provider has the right to request additional information from the User in order to verify the provided information or any orders made by the User. 2.2.Additional information includes (but is not limited to) ID card or passport copies. If the User chooses to pay for his services by credit card, a credit card scan may be requested as well. 2.3.The User must provide original, high quality, easily readable, uncropped scans or photos of the specified documents. 2.4.Requests to provide additional information might be made for various reasons such as (but not limited to) credit card ownership validation or IP order justification. 2.5.In case of unreasonable delay or refusal to provide such information, the User account and services provided by the Provider may be suspended or terminated. 2.6.Refusing to comply with Terms of Service will result in unilateral termination of service agreement initiated by the Provider with no refund possibility. The Provider will act based on "User's non-compliance" terms. .
3.1.The User of the account is responsible for any actions carried out within the account and all resources given by the Provider. 3.2.The User is responsible to take care of their account and its safety. 3.3.It is the User's responsibility to make backups. 3.4.The User is solely responsible for the preservation of his data. While the backups are being done by the Provider (if such feature is included within the User's service), we do not guarantee full data safety and have no responsibility to preserve the data at all times. It is the User's responsibility to make backups of the information that is critical to him. 3.5.The Provider may not be held liable in any case of data loss. .
1.1.The invoice for the services is calculated according to the rates that are present on the website. 1.2.It is the User's responsibility to review billing information. 1.3.If the User uses monthly services, invoices are generated 15 days before the due date. 1.4.If the User uses long-term services, invoices are generated 15 days before the due date, if not stated otherwise. 1.5.Due date reminders are sent respectively each day after the payment date for 3 consecutive days. 1.6.The due date for the payment may not be changed by either party. 1.7.An invoice generated for the next billing period of an active service may not be cancelled on request. 1.8.If any outstanding invoices are unpaid within the specified period, related services will be suspended automatically. 1.9.In case of service cancellation, all related invoices will be cancelled automatically. 1.10.In case of order reconsideration, the former order is terminated and the related invoice is canceled. 1.11.The Provider reserves the right to refuse some service upgrades if there are outstanding invoices for the service in question. In such case, the User is asked to pay for the outstanding invoices prior to the upgrade. 1.12.The Provider reserves the right to change the rates of services anytime. The User always receives a notice about any upcoming changes in advance.
2.1.The currency initially assigned to the billing account may not be changed.
2.2.Discounts provided for first-time accounts may not be used multiple times by the same person. Coupon/promotion abuse will not be tolerated and may result in the suspension or termination of the account.
2.3.The Provider is not responsible for the price changes that may occur due to currency exchange rates.
2.4.Prices do not include any taxes imposed by any tax authority of any kind if not stated otherwise. It is the Users responsibility to cover additional taxes that may be applied.
2.5.Only the User himself may pay for his services. The Provider reserves the right to ask to prove the ownership of the credit card or any other medium of payment used.
2.6.The Provider is not responsible for automatic transactions which are issued by third party checkout services. It is the Users responsibility to manage their third party checkout services account settings to disable and avoid unwanted automatic transactions.
2.7.By creating a billing agreement for authorized PayPal payments through the Client Area, the User gives permission for the Provider to process automatic transactions from his PayPal account. It is the Users responsibility to create, manage and terminate authorized PayPal payments in the Client Area.
2.8.By creating authorized credit card payments through the Client Area, the User gives permission for the Provider to process automatic transactions from his credit card. It is the Users responsibility to create, manage and terminate authorized credit card payments in the Client Area.
2.9.By using his PayPal account with HostingWalay, the User agrees to set PayPal as his default payment method for all future automatic transactions. If the User chooses to add a credit card to his account, it will be set as the default payment method for all automatic transactions. It is the Users responsibility to create, manage and terminate authorized payments in the Client Area.
2.10.The Provider does not tolerate any type of fraud regarding the payment for the services. If any illegal actions occur, the services are terminated and the User is reported to legal authorities without prior notice.
1.1.Services may be canceled by either party - the Provider or the User. However, Provider cannot cancel the service on the User's behalf. 1.2.The Provider has the right cancel the services if the User violates Terms of Service. The Provider reserves the right to cancel the service without prior notice. 1.3.The User has the right to cancel his service anytime by submitting the cancellation request through his billing account. .
2.1.The Provider ensures 14 day money-back guarantee. The guarantee applies from the moment the service is activated. The guarantee applies for each service separately. Please note that the 14 day money-back guarantee is not valid for 3rd party products and services, on dedicated servers and on domains. If the User has purchased a service that includes a free domain name and the user canceled the purchased product, the standard price for the domain name will be deducted from the refund amount. The refund excludes the value of 3rd party products and services without any exceptions. 2.2.To apply for a refund, the User must submit a refund request through his registered billing account. 2.3.Refunds are provided to the User's credit balance or via the same payment medium that was used by the User if applicable - the User's payment gateway account or the User's bank account or the Users e-service. 2.4.Refunds are applicable only if the User is in compliance with Terms of Service, has not undergone suspension or termination due to violations of Terms of Service before and has a clear abuse history. 2.5.Refunds are provided for shared hosting, reseller hosting, VPS hosting. 2.6.Refunds are provided for each service accordingly. However, the User may receive a refund for a specific service only once. 2.7.Refunds are applicable only if the service is provided directly by the Provider. 3rd party products or additional services are not refundable. If the User has purchased a service that includes a free domain name and the user canceled the purchased product, the standard price for the domain name will be deducted from the refund amount. The refund excludes the value of 3rd party products and services without any exceptions. 2.8.Refunds are not provided if the service was not accessible because of 3rd party illegal activities. 2.9.The Provider reserves the right to make the final decision on any refund requests issued.
3.1.Chargebacks are not considered an acceptable form of refunding. All payment refunds must be requested in accordance to the refund policy instead of issuing a chargeback or opening a transaction dispute. Chargebacks and/or disputes will be considered as payment fraud and will be a subject to full investigation. 3.2.The Provider will use all information including the Users billing account profile, login history data and any communication between the Provider and the User in order to appeal the chargeback or other payment dispute. 3.3.If the Provider receives a chargeback or a payment dispute from a Credit Card company, bank, via PayPal or any other payment gateway, all services related to the billing account of the User may be suspended without prior notice. Where applicable, domain disposal may be limited and requests to perform a transfer may be denied. These conditions apply to third party products as well. 3.4.For every instance of chargeback or any other form of transaction retrieval, the User agrees to pay a $30 administration fee. 3.5.To restore the services, which were suspended due to a chargeback, a reversal or a retrieval, the User is bound to make sure that all chargebacks, reversals and/or retrievals would be withdrawal. Moreover, any financial mismatch caused by the chargebacks, reversals and/or retrievals must be fully covered by the User before the services are restored. Any double payment resulting from this process will be added to the Users billing account in the form of account credit.
1.1.The Provider reserves the right to suspend and/or terminate any service for the User who either deliberately and intentionally or unintentionally violates Terms of Service.
1.2.The Provider reserves the right not to contact the User prior to suspension. However the Provider may contact the User prior to suspension in attempt to stop and avoid further adverse actions carried out by the User or third parties through the User's resources.
1.3.The User must act immediately after receiving a notice from the Provider and take necessary actions. A time-frame may be specified by the Provider for the User to restore compliance with Terms of Service.
1.4.Failing to cooperate will result in suspension and/or termination of services.
1.5.The Provider will act based on "User's non-compliance" terms.
1.6.The Provider reserves the right to temporarily suspend the service because of security issues until they are eliminated. This is done to secure all the users using the service and it is not considered downtime therefore the User is not eligible for a refund.
1.7.Service data is kept for 30 days after suspension. However, the User may renew the services during this period for an additional fee.
1.8.30 days after the suspension the services are terminated and the Provider no longer preserves any service data.
1.9.If the User violates Acceptable Use Policy, the Provider reserves the right to terminate the services immediately as to avoid damage to other users and/or 3rd parties.
2.1.In cases where the service was used deliberately and intentionally to cause damage to any property in any shape or form, the Provider has the right to terminate the service immediately, with or without prior notification.
2.2.If the User acts deliberately and intentionally to cause damage to any property in any shape or form, a refund is not applicable.
2.3.The services are terminated immediately if the User:
1.1.Basic support is available to every User under limited service basis.
1.2.The Provider reserves the right to deny any support service request if it is considered not eligible for non-paid support.
2.1.The User may contact the Provider with a professional assistance request, in which case the Provider will respond based on the type of request and the User's acquired service level.
2.2.The Provider reserves the right to refuse service request under such conditions as insufficient service level or another tenable reason. Accordingly, a different service level may be offered by the Provider in order to carry out the request.
3.1.The User who does not own any active services provided by the Provider, has the right to request support for sales, general guidance and assistance questions.
3.2.The Provider reserves the right to refuse service to any requests which are intolerable or harmful in any way.
4.1.The User who owns an active service provided by the Provider has the right to request basic support to ensure proper working conditions of any service from the Provider.
4.2.Basic support service comes free with any service provided by the Provider.
4.3.The User has the right to request additional support that he might need.
4.4.The Provider has the right to provide guidance, direct support or request the User to commit to a higher service level of support. If the required support service level is not available or declined by the User, the Provider reserves the right to refuse any additional support.
5.1.The Provider provides higher level support for more complicated issues and tasks.
5.2.The User may acquire higher level support for an additional fee.
5.3.Advanced support service request must be sent and registered in the form of a ticket. The request must include a detailed explanation on what needs to be done. The Provider will evaluate the request and suggest a certain type of support service, regarding the nature and complexity of the task. While evaluating, the Provider undertakes the obligation to suggest the most appropriate and least expensive method of billing.
5.4.The User is free to accept the offer and send a prepayment or withdraw the request at once. The User will only be billed after both parties reach an agreement.
5.5.This support service is based on-agreement basis following 4 steps described below:
6.1.Extra-Care support is an advanced paid service provided by the HostingWalay Support Department.
6.2.Extra-Care support service covers advanced server management assistance for multiple services used by the User.
6.3.Extra-Care support is divided into two levels of technical assistance depending on the complexity of the issue.
6.4.1st level Extra-Care support may be acquired as a monthly service. It covers 4 hours of server management assistance per single month. The monthly price for the service is $29.
6.5.1st level Extra-Care support includes:
7.1.Dedicated administrator support service is the second level of paid support provided by the HostingWalay Support Department and HostingWalay Technical Department.
7.2.This support level is a one-time payment service. It covers all intermediate and advanced tasks. Tasks covered may include basic custom installations to full system customization.
1. The Provider may transfer one master account for shared hosting users and up to 30 accounts for reseller. The Provider can transfer up to 2GB size accounts only.
2. Free transfer service is only offered for "as it is" transfers if website content and data with no updates to the site configuration, aside from database connection details. Copying an existing site to a new domain or changing the URL of an existing site is NOT a free service.
3. The Provider reserves the right to refuse transfer service to the User if it is considered impossible to migrate some or all account data.
4. In no event shall the Provider be held responsible for any lost or missing data or files from a transfer to HostingWalay. The User is responsible for backing up his data.
1.1.The Provider does not guarantee the successful registration of a domain. The domain may be secretly reserved in the registry and deceptively appear to be free for registration.
1.2.It is the Users responsibility to provide the correct information to sustain the requirements for each domain registry. The Provider is not responsible if the domain is rejected due to non-compliance with the terms of a specific domain registry.
1.3.The Provider does not guarantee the successful transfer of a domain. It is the Users responsibility to make sure the domain is transferable before placing a transfer order.
1.4.To complete the domain transfer successfully, the User must have access to the domain's management page to remove locks and change privacy settings to prepare the domain for the transfer procedure. The User also must be in control of the email address associated with the domain to be able to confirm the transfer by receiving an automated confirmation email.
2.1.Shared and Reseller hosting services are to be used for standard web hosting use only. As so, usage for (but not limited to) file sharing, torrents, streaming, proxies is not allowed.
2.2.Shared hosting services may not be used to resell web hosting.
2.3.The Provider reserves the right to determine whether the service usage is valid.
2.4.Prohibited are sites that promote any illegal activity or present content that may be damaging to HostingWalay' servers, or any other server on the Internet. Links to such materials are also prohibited.
3.1.VPS hosting services are under Shared hosting resource restriction. VPS hosting service usage might be restricted based by the demand of neighboring users of the same service.
3.2.VPS CPU threshold is calculated if over usage is detected for a prolonged period of time. If this occurs, it will be limited until the appropriate usage is restored. The User is free to upgrade his plans to benefit from higher CPU speeds if necessary.
3.3.VPS Bandwidth is calculated for every month and is reset every month regardless of the billing cycle. If the bandwidth limit is reached, the network speed is set to a bare minimum. In such cases the User is asked to upgrade his system.
4.1.Dedicated Server hosting services are not bound by any resource usage restrictions except for Bandwidth.
4.2.Dedicated Server User can upgrade his resources if there is higher demand. After executing Upgrades the User will be charged with an invoice for the upgrades and after paying the invoice upgraded resources will be added manually.
4.3.User is free to downgrade his resources if there is no need for them.