Terms of Service
Terms applicable to each service, product or software provided by us.
This agreement shall become effective as of the date of (1) the Customer’s electronic signature or (2) the activation of the Customer’s account or (3) receipt by the Customer of an e-mail from OffshoreDaddy confirming the Customer order, whichever happens first.
- The Order Form is properly executed by authorized representatives of both OffshoreDaddy and the Customer;
- The applicable Specific Terms and Conditions, including any exhibits and
- The General Terms and Conditions.
OffshoreDaddy will provide those services (the “Services”) requested by you in an order (“Order”) placed through the Website. OffshoreDaddy may accept or reject any Order. The terms of an Order shall control in the event of an inconsistency with the terms of this Agreement.
OffshoreDaddy hereby grants to you a limited, personal, non-exclusive, non-transferable license, for the duration of this Agreement, to access and use the Website as necessary and only for your use of the Services. You shall not reproduce or copy, in whole or in part, any portion of the Website or any other material made available to you by us, and shall return all such material to us at the conclusion or termination of this Agreement.
Invoicing, Payments & Refunds
The prices are stated in USD Dollars ($). The Service will be billed monthly unless otherwise agreed upon. The first invoice will include all initial costs, including installation costs (if applicable).
Invoices are generated 10 days before the due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, the Service will be suspended 1 day after the due date with permanent termination of the account 3 days later. A 5% fee is charged to resume the Service, once it has been suspended.
OffshoreDaddy offers a 7-days refund policy only for Shared Hosting services and a 3-days refund policy for VPS Servers. There are NO Refunds on Dedicated Servers, Administrative Fees, Installation Fees for custom software, Domain name purchases or Any non-refundable licensing fees (e.g. cPanel, DirectAdmin etc,).
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the Terms of Service will waive the refund policy.
Conditions of Service
The Services are offered by OffshoreDaddy subject to their continued legal availability in any applicable jurisdiction. may elect not to offer a Service in or to any particular jurisdiction, location or country, or may block a Service to or from any particular jurisdiction, location or country if we determine, in our sole discretion, that the continuation of such Service is not permitted or advisable.
Offshore Daddy reserves the right to amend this Agreement, including any terms or conditions, policies, or pricing on the Website that are incorporated by reference herein, at any time. All such modifications shall be effective upon posting them on the Website. By continuing to use the Service after the posting of such amendments or modifications, you agree to be bound by the amended Agreement.
It is your responsibility to maintain adequate and up to date back up copies of all of your data that you upload onto our servers. In the event of loss of, or damage to, your data, howsoever caused, we, in no circumstances, will be liable to recover your data.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure; sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks.
You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
Users who violate systems or network security may incur criminal or civil liability.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
Indemnification & Liability
OffshoreDaddy will not be liable for failure or delay in performing its services if such failure or delay is due to circumstances beyond its reasonable control, such as acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, equipment malfunctioning, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
OffshoreDaddy will not be liable for damage or interruption of service caused third parties such as dos-attacks, hacking or malware. Customer may be held liable for damages caused to OffshoreDaddy or to third parties as a result of the Customer’s usage of the Service.
The Customer in the normal course of its business may resell to its customers use (subject to all the terms of this Agreement) of the Customer Space, Resources and Bandwidth Services provided by OffshoreDaddy to the Customer pursuant to this Agreement, except that the Customer will not allow such customers to interconnect with other users in the Premises Any act or omission of any such customer that would be a breach of this Agreement if committed by the Customer will be deemed a breach of this Agreement by the Customer. The Customer agrees to defend, indemnify and hold harmless OffshoreDaddy, and its officers, directors and employees (collectively, the “Indemnities”), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such the customer that would be a breach of this Agreement if committed by the Customer, and (ii) any claim by any such customer arising from use of the Premises, services provided by OffshoreDaddy under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.
Personal data pertaining to the Customer will be stored in OffshoreDaddy files in a secure location, under its control. The Customer can exercise its right to access and correct such data by contacting OffshoreDaddy in writing. OffshoreDaddy shall not store such data any longer than is necessary for the efficient execution of the Agreement. The Customer expressly authorizes OffshoreDaddy to process such data for purposes of running its customers’ database, to guarantee the transparency of the system if needed with regard to any applicable rule and to transmit such data in accordance with a legal obligation, a judicial or governmental request or a request from a duly competent regulatory or administrative authority.
Regulatory matters – Compliance with Laws
Customer represents and warrants that its services and the products, materials, data, and information used by Customer and its End Users in connection with the Services do not, and during the term of this Agreement will not, operate in any manner that violates any applicable EU, national, state, or local law or regulation. The customer will obtain all required licenses and permits and will comply with any laws and regulations that may be applicable to the use and resale of the Services.
Customer is solely responsible for the use, publication and content of information transmitted by it and its End Users via the services.
Customer shall perform its obligations under this Agreement in a commercially reasonable, ethical and professional manner and in accordance with applicable legal requirements, including without limitation, all laws and regulations regarding (a) data privacy, telemarketing, “slamming” or other inappropriate selling activities, and (b) the export or diversion of goods to certain prohibited countries promulgated by the US Government.
If any foreign, federal, state, or local government, regulatory agency or governmental body, or a court of competent jurisdiction, issues a rule, regulation, law or order (“Regulatory Change”) which has the effect of materially increasing the cost to provide Services hereunder or cancelling, changing, or superseding any term or provision of this Agreement, then this Agreement may be modified by OffshoreDaddy in such a way as is consistent with the form, intent and purpose of this Agreement and is necessary to (a) comply with such Regulatory Change or (b) to pass on to you any additional charges or fees imposed by such Regulatory Change on OffshoreDaddy.
Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of war, declared or undeclared, fire, flood, storm, slide, earthquake, nor another similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.
OffshoreDaddy reserves the right to change these Terms of Service at any time, without prior notice. We will take a reasonable effort to notify the Customer regarding such changes.