This agreement (“Agreement”) between Vivawebs IT Solutions, (“Vivawebs”) and Customer governs the provision of Vivawebs and related services (the “Services”). This Agreement is effective once the Customer signs up for Services through the Vivawebs website.
By signing up, each customer agrees to comply with the terms of service listed below.
We provide instant account activation for our shared and reseller web hosting plans. VPS servers are activated within 2 hours in most cases, however, at times we may need up to 24 hours to activate the service. Dedicated servers are activated within 2-4 hours if we have the requested hardware in stock. If you require a custom setup we may need more time to deliver it from our vendor.
Any account may take more time to be activated if it fails the initial verification. In that case, we will contact you with details and steps to complete the verification process.
You agree to pay for the Services on time and in advance for the billing cycle Services are provided for. Invoices are generated 7 days before the renew date of the Services. Vivawebs provides 7 days grace period after the renew date. If the invoice is not paid within the 7 days grace period Vivawebs will temporarily suspend services until the invoice is paid in full. Vivawebs will terminate Services not paid in full 14 days after the due date.
If you want your account to be re-activated after it has been terminated for non-payment you will need to pay all renewal invoices since the suspension and a one-time $30 reactivation fee. We will restore your data from backups but you will need to re-create manually any MySQL usernames and privileges for each of your accounts. Such reactivation is only possible when we still keep a backup of your data on our backup servers.
US Dollar (USD) is the base currency and all accounts using Philippine Peso (PHP) currency will be regularly updated and prices may decrease/increase depending on the USD-PHP exchange rate.
Invoices that have been paid more than once because of multiple PayPal subscriptions or multiple manual payments, cannot be refunded. The overpaid amount will be added as a credit to your account which can be used to pay for future invoices.
*** Any and all email reminders are a complimentary service offered free of charge to each client. All clients have a duty to regularly check their billing account frequently, at least once per month prior to the billing date.
Customer agrees to keep his contact information and e-mail on file up to date at all times. We will use the e-mail on file to send notifications about generated invoices, due invoices, Services suspension, Services termination, new Services provisioned and any other related information. Capitan Hosting recommends using an external e-mail address so that the Customer can receive messages in case there are problems with the Services.
Cancellation requests need to be placed via the client dashboard by clicking on My services, then on Manage and then on the Request cancellation button. Cancellation request by Opening a Ticket will also be entertained. Cancellation requests sent via e-mail will not be considered legitimate and you will still be billed for the Services until a legitimate cancellation request is placed. Cancellation requests may take up to 7 days to be completed.
The customer is responsible for the content uploaded to his account. The customer is responsible for the actions of his customers using accounts within our servers and network. In case Vivawebs' terms of service are violated, Vivawebs' will suspend the account violating the terms and will notify the Customer via the e-mail on file.
Vivawebs will not be held responsible for any harm or damage caused by the use of our services. Customer agrees to use the Service at his own risk.
You can request a refund if you place a cancellation request within 30 days of your first order. A refund cannot be requested for services ordered more than 30 days of your sign up date.
The 30-day money-back guarantee doesn’t cover VPS and dedicated servers, Dedicated IP, domain name registrations, SSL certificates, software licenses, custom software installs, and add-on services.
If the money-back guarantee period has expired for your service, you are not eligible for a refund.
Vivawebs only sends a refund to PayPal, if PayPal was used during order checkout.
Violation of the Terms of Service will automatically waive the refund policy.
New and existing customers may order new shared and reseller hosting services and get discounts using existing promo code. We do not allow websites already hosted on our servers to be moved to plans ordered with this special.
Customer agrees to use the Services for lawful purposes only. Vivawebs prohibits the following content on our servers and network.
Anything related to IRC
Anything related to torrents
Starting background processes on shared servers
Warez, hacking tools, exploits
Download oriented websites
Sites promoting illegal activities
Selling/distribution or any related illegal activities related to prohibited drugs
Selling/distribution of drugs/medicine which requires doctor’s prescription
Hacker focused sites
Users are prohibited to participate in file-sharing/peer-to-peer activities, run gaming servers, and cron entries with intervals of less than 30 mins.
Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.
Customer agrees not to use our shared (Budget, Unlimited, Cloud) nor reseller hosting space as a storage for backups or files which are not related to the functionality of the hosted website. Our storage is available for the use of customer’s website files only and not for data archiving including email, computer files, backup, etc. Such content may be removed without prior warning.
The customer is responsible for keeping their accounts up to date and securing at all times. Directories must be chmod to 711 and configuration files with passwords must be chmod to 600. Scripts, plugins, modules need to be kept up to date at all times. A strong password must be used.
Vivawebs does transfer of accounts you want to be moved to our servers from providers that use cPanel. We do not guarantee the quality of such transfers and you must verify if your account was moved correctly before you change the nameservers. If something is wrong with the account after the move and it wasn’t moved correctly it is your responsibility to fix it. In 99% of the transfers, there are no problems but we do not guarantee that. We do transfers just because of courtesy to our clients.
Vivawebs performs free migrations in the following circumstances.
Migrating websites from another provider using the cPanel platform.
Migrating websites between servers we manage due to upgrades e.g. from shared/reseller to a VPS.
Migrations are not free in the following circumstances.
Migrations between servers managed by Vivawebs which doesn’t involve an upgrade e.g. the client pays the same or less after the migration.
Custom migrations from cPanel servers e.g. moving addon domains as separate accounts, partial migrations, and any other migration requests which require manual work different from generating a full cPanel backup on the source server and restoring it on the server with us.
Vivawebs communicates with their clients politely and with respect. The same is expected from our clients. If a customer is rude and insults anyone from our staff members then we will warn the customer to be polite and communicate with us properly. If he does it again after he has been warned, a fee of $100 will be generated and all his services disabled until the fee is paid in full.
Vivawebs will not renew the services of a customer who has insulted our staff members after he has been warned via e-mail.
Vivawebs keeps a backup of all files and databases. Vivawebs keeps daily for all plans.
Customer agrees to use Vivawebs' backups at his own risk. Vivawebs doesn’t guarantee the existence of backups at all times and recommends the Customer to store copies of their own backups at all times.
Vivawebs requires justification in order to assign a dedicated IP to the Customer. Valid justification is SSL installation or installation of a service that requires listening on a separate IP address.
We have a zero-tolerance against SPAM. Accounts used to send SPAM will be suspended immediately. If the SPAM sending is repeated the account will be removed from our server. We do not allow bulk mailing from our shared servers. Capitan Hosting offers a separate service if you need to send thousands of e-mails.
Purchased mail lists, opt-in lists will be considered SPAM.
Vivawebs reserves the right to charge a clean-up fee the Customer who sent the unsolicited e-mail which caused the IP of our server to be blacklisted for sending SPAM.
Any account on the servers cannot use more than allowed plan’s CPU, Memory and other resources, you will be notified to take the necessary actions if the usage exceeds the resource limit. If the account keeps the server unstable, we will suspend the overloading account so that it doesn’t affect the other clients on the server.
Vivawebs reserves the right to make changes to the terms at any time without notification. Customer agrees to visit the terms of service regularly for updates.