Payments

Renewal invoices are generated 14 days in advance and sent to your registered e-mail address. It is your responsibility to ensure this e-mail address is kept up to date and can receive e-mails from us.

It is important that we receive payment on time. All services must be paid for by the due date shown on the invoice unless a written adjustment has been agreed. Failure to complete payment after this time will result in an automatic reminder when the invoice is overdue, and automatic account suspension should the invoice remain unpaid for more than 7 days. This applies to all Shared Web Hosting, VPS Hosting and Dedicated Server accounts. Domain names expire on the day immediately after their renewal date. As such we strongly recommend renewing a minimum of 48 hours before the expiration date.

If an invoice is unpaid, the related service will be suspended until such time that payment is received and you inform us by email that you have paid. At this point we will use all reasonable endeavours to restore service within 48 hours. All services, related to unpaid invoices, are automatically terminated 14 days after the invoice due date.

We accept payments in Euro (EUR), US Dollars (USD) or UK Pounds Sterling (GBP), unless stated otherwise. If you pay by foreign bank transfer or in any other currency, then you must be responsible for all foreign currency charges.

We reserve the right to alter our prices at any time and will notify you of any alteration by providing you with a written notice. Notice of any price alteration will be sent to your e-mail that is registered with us. If you have already purchased a particular service then the price alteration will only become effective when the service reaches the end of its current term.

You warrant that you are lawfully authorised to make payment using the payment card or facility you disclose to us. In the event where you are not the named cardholder, you acknowledge that you and the named cardholder both accept these terms and conditions and are jointly and severally liable for any payment(s) due. You hereby indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.

If you attempt a chargeback or dispute a transaction with your bank, we reserve the right to suspend all services provided to you with immediate effect. Services will remain suspended and until such time as the chargeback has been fully reversed in our favour.

Contract Period

All our services have fixed contract period of 12 months, unless stated or agreed in an individual contract otherwise.

The contract occurs automatically for another 12 months (or any contract period agreed upon ordering) if it’s not terminated in writing later than three months prior to its expiry date.

The date on which the notification of the contract termination is received by the other party at the address specified in the contract, or otherwise explicitly specified address shall determine whether the above stipulated notification period has been met.

Cancellation, Refunds, Termination and Disputes

Cancellation notices for all EastWestHost services must be given at a minimum of 3 months (90 days) in advance of the next contract renewal date, unless agreed otherwise. No refunds will be granted unless a payment has been taken in error. Refunds for prepaid VPS Hosting and Dedicated Servers will only be granted where there is a genuine irreconcilable problem with the service and at management’s discretion.

A breach of any of our terms and conditions will result in immediate termination with no refund.

Setup fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method as listed on our contact page.

Overage (Overuse)

Account usage is checked frequently. If any overage of disk space or data transfer occurs, the services are not suspended. For Shared Web Hosting and VPS Hosting, invoice for excess usage will be sent to you on the last day of the month. In case of multiple overage occurrences, you might be asked to upgrade to higher service plan or your services might be suspended. Otherwise our standard charges are as follows:

€0.99/mo per additional 10GB of data transfer (Shared Web Hosting);
€0.99/mo per additional 1GB of disk space (Shared Web Hosting);
€4.99/mo per additional 1TB of data transfer (VPS Hosting and Dedicated Servers);

In case the service is suspended, please contact us to arrange upgrade pricing.

As mentioned above, the Shared Web Hosting and VPS Hosting data transfer overage is automatically invoiced, but It is customer’s responsibility to monitor the resources assigned to their services and contact support in case additional resources are needed.

If not specifically stated to the contrary, our services are intended to be used for the purposes of hosting websites and e-mail. Batch processing, video encoding/transcoding, web crawling/spidering, archiving and online backup systems and any system designed to consume CPU or disk resources for purposes other than hosting a website are not permitted on our Shared Web Hosting and VPS Hosting servers. However you may use such tools on our Dedicated Servers. We reserve the right to enact defensive movements to maintain the stability of our systems for all clients.

If you believe your website may be susceptible to high or otherwise abnormal usage you must contact us to discuss the suitability of your hosting environment.

30-Day Money Back Guarantee

We strive to provide only the best hosting experience and exceed all expectations of our customers. Should you encounter any problems with our services, we will try to find an effective solution in a timely manner. However, if for any reason, you decide to cancel your account within the first 30 days, you will get all your money back – no questions asked. Due to a nature of business this guarantee is included only with Shared Web Hosting and Self-Managed VPS Hosting (uVPS1 and uVPS2 plans only). All third-party and additional services provided upon ordering (Free Domain Name, SiteLock Security, SSL Certificate, Control Panel Installation, 1 Gbit/s Bandwidth, etc.) are deducted from refundable amount.

We would however appreciate it if you got in touch with us before deciding to cancel so that we can address any problems you might be having.

Please note that refunds can take 7 working days, and this policy does not cover accounts which have violated our acceptable usage policy.

Client Conduct

Under no circumstances will we tolerate threatening or abusive behavior towards our staff. Should this occur, we reserve the right to terminate the hosting agreement with immediate effect.

Should the client, during the course of a telephone conversation, e-mail or support ticket, make reference to “legal action” or say anything we might reasonably understand to imply or infer that the client may intend to pursue a legal claim against us, we reserve the right to refuse telephone support going forward. Any further correspondence must then be sent by email or support ticket.

Should we feel that your needs would be better served by another provider, we reserve the right, at our sole discretion, to terminate the hosting agreement. Where it is reasonable to do so, we will provide 30 days notice of termination and provide a backup of all website content and e-mail.

Rights on Termination

Termination of this agreement does not affect your pre-existing liability, if any or affect our right to recover damages or pursue any other remedy in respect of any breach of this agreement by you.

In the event of us terminating this agreement due to breach of these conditions by you, we shall be entitled to the balance of all payments which would but for such termination have accrued up to the earliest date on which this agreement could have been terminated by you.

Setup fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method.

EastWestHost reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by EastWestHost in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by EastWestHost in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of EastWestHost, its officers, directors, employees and agents, as well as EastWestHost’s affiliates, including, but not limited to, instances where you have sued or threatened to sue EastWestHost.

A Change of Details

We have the right to change any username or password allocated to you for the purpose of essential network maintenance, enhancement modernisation or other work deemed necessary to the operation of the Internet.

Similarly, we have the right to alter the hosting environment your site runs in to one with like-for-like features, as long as reasonsable notice is given and there is no disruption to service. The only reason we would do this is if it represented an ‘upgraded’ environment for you, the end user.

Domain Registration, Renewal, Transfer and Restoration

Some hosting packages include a free domain registration or transfer for a .com, .net, .org, .info, .biz, .ru, .de, .uk, .co.uk, .in or .cn domain name. All other extensions are excluded from this offer due to their additional cost but please contact us for a reduced price if you wish to order with a different extension. The registration period is one year. Free domain registration is provided only when ordering a service for a period of 12 months.

Hosting package renewals do not include a further free domain renewal, transfer or registration.

We will always register, transfer and renew domain names in our client’s name – never in our own. You are always in control of every aspect of your domain name(s) and can manage your domain’s WHOIS data through EastWestHost Client Area (my.eastwesthost.com). It is your responsibility to keep this data correct.

If you are registering or transferring a domain name you must also agree to the Domain Name Registration Agreements of domain registrars that we use. You can find them by clicking these links: ResellerClub, eNom.

Domain renewal reminders will be sent 30, 7 and 3 days in advance before the expiration date via e-mail to the address stored in your client area.

Domain registration, transfer, renewal (domain renewal price is the same as new registrations, unless stated otherwise), restore (should an expired domain enter the redemption period) and whois privacy prices/fees are displayed here: https://www.eastwesthost.com/domain-name-registration/

Free SiteLock Website Security

We include Free SiteLock Website Security package with our Shared Web Hosting plans (XL and XXL only), Managed VPS Hosting plans and Managed Dedicated Servers, when you pay 12 months in advance. For managed services the package provided depends on chosen Server Management Level: Level 1 – Basic, Level 2 – Professional, Level 3 – Premium. Free SiteLock Website Security package is not assigned automatically to qualifying services. In order to receive your free SiteLock Website Security package (when you have paid 12 months in advance for a qualifying hosting service), please contact support, stating your order number and domain name of the website that you would like to secure.

Account Support / Emergency Contact

We provide support via e-mail and support ticket system. To provide efficient service and comply with data protection laws, any requests for changes to your account (including billing changes, password changes or any other technical changes) must be submitted by ticket or e-mail from your registered address.

Zero Tolerance Towards Abuse

Customers are responsible for all scripts, data and other objects on their accounts. Abusive scripts are scripts which interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity. Any account found to be the source of abusive scripts will be immediately suspended and investigated, and subject to action as detailed under Illegal Content below. We will always notify customers and, where necessary, fully co-operate with the authorities.

You must not use the service for the transmission of illegal material. You agree to refrain from sending or receiving any materials which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force. You agree to refrain from sending or receiving any material which may be in breach of copyright (including Intellectual Property Rights), confidence, privacy or other rights. If you are in any doubt as to the legality of what you are doing, or propose to do, you should take independent legal advice.

In Brief

• All content uploaded to your your hosting service, including VPS (Virtual Private Server) Hosting and Dedicated Server, must conform to Federal Republic of Germany, UK and European Union law. It is the user’s sole responsibility to ensure this. Storage, distribution of or transmission of illegal materials may lead to investigation and possible prosecution by the relevant authorities.
• You must not gain or attempt to gain unauthorised access to any computer systems for any purpose. Such action may lead to criminal prosecution under the Computer Misuse Act.
• You must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans and ping storms).
• You must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as ‘spam’ ,’UBE’,’UCE’ ).
• You are prohibited from running ‘port scanning’ or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. We may ask for evidence of such permission.
• You must take all reasonable steps to ensure that your password and login credentials remain confidential.
• Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.
• Sites must not contain ‘hateful’ material or content which seeks to incite hate.
• Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful in the Federal Republic of Germany, the UK or which is deemed to be distasteful at our sole discretion.
• Sites must not contain ‘warez’, copyrighted music/videos or links to such content. It is the sole responsibility of the user to ensure that they have the rights to distribute any content displayed on their website.
• Sites must conform to Federal Republic of Germany and UK copyright law.

We undertake to take action required under the provisions of the Regulation of Investigatory Powers Act and will fully cooperate with the appropriate authorities.

Acceptable E-mail Usage

We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is prohibited at all times. Customers who abuse the email service will be notified that their behaviour is unacceptable and may have their accounts suspended, terminated or blocked at our sole discretion.

• You agree not to send emails that might cause annoyance, inconvenience or anxiety to a recipient.
• You agree not to send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful.
• You agree to have a clear opt out policy in all newsletter communications.
• You must not use our mail services or network to send email to any user who does not wish to receive it.
• You must not use our mail services or network to send unsolicited email, in bulk (commonly known as ‘spam’) or individually.
• You must not use our mail services or network with intent to deprive others of service (‘mail bomb’).
• You must not use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender.
• You must not use any email address that you are not authorised to use.
• You must ensure that any email servers connected to our network and operated by you are not configured to allow ‘open relay’.
• You must take full responsibility for your own email reputation, EastWestHost can not guarantee a positive reputation.

Web Usage

Web usage includes the use of web space provided with client accounts and web hosting on our servers. We cannot and do not proactively monitor content on any web space maintained by customers (whether customer space or web hosted services) and cannot and do not guarantee that such sites are free of illegal content or other materials that may be considered unacceptable.

• You undertake sole responsibility for the content of web pages owned and/or operated by you – whether on client pages or on web hosting space – within our domain or other domains hosted within our network.
• You undertake sole responsibility to ensure that all materials on any website owned or operated by you contains material that you have created or have permission to use.
• You undertake sole responsibility for any dispute involving Copyright or Intellectual Property Rights associated with your site or service.
• You must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation). You should be aware that the internet is a global communications network and what may be legal in the Federal Republic of Germany or UK may be illegal elsewhere and leave you liable to prosecution in another country.

Legal adult content as defined by Federal Republic of Germany and UK law is allowed on our servers however you must inform us as we will host your site on a separate IP to prevent any SEO implications for other clients.

We may undertake investigation of content services if potential abuse is brought to our attention and we reserve the right to remove any web page on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for termination with no refund.

We Take Your Privacy and Security Very Seriously.

The policies we have in place are to protect your personal information, which we store on our secured servers in the Germany and US. By using this website you consent that all personal data you submit may be processed in the manner and for the purposes described here.

Online transactions are handled through SSL-secured servers and sensitive details such as passwords and credit card details are encrypted to reduce the risk of fraud. We strongly advise that you use hard-to-guess, unique passwords for your accounts with us to reduce the risk of fraud.

We may collect and process data about you in relation to details of transactions that you carry out through our website. When making a purchase with us we will collect information which includes your name, address, e-mail address, phone number and payment information.

When you become a customer you automatically subscribe to our newsletter and we will notify you of special offers and updates to our services in the newsletter. If you prefer to opt out of non service e-mails, please let us know during the order process. You can also opt out at any time through our client area.

Information obtained about you will assist us in identifying any accounts you hold with us and will also assist us in improving customer care through reviewing, developing and improving the website and services. We will also use the information to notify you about changes to the website and to send service related announcements.

We may disclose your personal information to any of the following third parties:

• Any employees, agents or service providers of the Company.
• Any prospective purchaser of the Company subject to them entering into confidentiality undertakings.
• Any cardholder who has purchased services on your behalf.
• Where we are required to disclose or share your personal data in order to comply with any legal obligation or to protect the rights, property or safety of the Company and our customers. This includes but is not limited to exchanging information with other companies and organisations for the purposes of fraud protection, credit risk reduction and dispute policies.

This website contains links to external sites. Please be aware that we are not responsible for the content of any external sites.

99.9% Uptime Guarantee

EastWestHost’s servers are supported by a world-class infrastructure engineered from the ground up to support just about any kind of contingency. We use only the newest, brand name, enterprise-level servers and hardware. They are connected to the Internet through redundant high-speed connections on diverse backbones, ensuring data delivery to the end user in the fastest, most efficient manner possible. EastWestHost’s Network, combined with 24/7 monitoring by highly qualified network engineers and administrators, guarantee the functioning of all network infrastructure including routers, switches, and cabling.

EastWestHost guarantees that its data center infrastructure and systems will be available 99.9% of the time. This extends to all network infrastructure under EastWestHost’s direct control. Downtime due to planned network or data center maintenance, planned or emergency server maintenance, customer fault (including abuse of our AUP or ToS), voluntary downtime (such as downtime associated with service upgrades), or conditions beyond our reasonable control is exempt from this guarantee. All customers will be notified of planned maintenance as far as possible in advance through our status page and, should the maintenance last for longer than 60 minutes, via e-mail.

Hardware Guarantee

EastWestHost guarantees the functionality of all dedicated server hardware components and will replace any failed component at no cost to the client. Hardware repair/replacement will begin immediately upon identification of the failure and is guaranteed to be complete within the period of time, subject to your purchased server management level. Hardware is defined as the Processor(s), RAM, Hard Disk(s), Motherboard, NIC Card, and other related hardware included under the server lease. The guarantee covers only physical hardware replacement, and does not cover data integrity or recovery, or the rebuilding of RAID arrays or quotas. Bespoke server hosting solutions are except of this guarantee.

In the event that it takes us more than the guaranteed time to repair/replace faulty hardware within the limits defined above, EastWestHost will credit the client 5% of the monthly fee per additional hour of down time (up to 100% of client’s monthly fee).

In the event of a problem with your server, we shall ensure that a qualified engineer will be dealing with the problem within 30 minutes of being notified. In the rare event that your problem cannot be resolved within 30 minutes you will be notified. When notifying you we will provide you with the details of the problem along with an estimation of when the issue will be resolved. We shall keep you regularly updated until the moment the problem is resolved. An engineer’s report shall be sent to you within 12 hours of the problem being resolved. We will reboot your servers (physically or remotely) 24 hours a day without any cost to you.

Server Management Levels

EastWestHost offers 3 server management levels for Managed VPS Hosting and Dedicated Server clients to choose from. Level 1 is included with all Managed Hosting Services. Server Management Level plans are binding and are a part of this Service Level Agreement. To see the features of each Server Management Level, please visit this page: Server Management Levels.

The server administration time set in each plan determines how much time per month will be dedicated by our system administrators to carry out all the tasks included with your chosen Server Management Level. We have calculated the time that is needed to perform management tasks for each Server Management Level and if there are no extra tasks needed to be done, that amount of time typically is enough to carry out these tasks by our highly skilled, professional, certified and experienced system administrators. You will be notified by e-mail in advance if any of system maintenance tasks would need additional system administration time. Also, you may contact us and request more system administration time, if you need to perform tasks that are not included into Server Management Level that you purchased. All additional time is charged at €50/hour rate and invoice is sent after the service is completed.

Customers Requesting Reimbursement

When an SLA event is triggered, customers can request a credit of 5% of their monthly bill for each 60 minutes of failure to meet one or more guarantee. This credit does not apply to Critical Resources.

You may receive SLA credits up to a maximum 100% of your monthly bill. SLA credits may not be aggregated, refunded, or carried over. Credits under our SLA apply only to the applicable Services. If more than one SLA applies, the SLA providing the highest credit to you will be applied. We’ve designed our SLA to provide significant compensation to you should you experience an event covered by it.

Our Liability

We are unable to assert fitness for any specific purpose and as such the Company cannot be held liable for any form of consequential loss or damage caused directly or indirectly by use of our service, misuse of our service, downtime, service issues, data loss or any other event.

Our maximum aggregate liability to you under or in connection with this agreement in respect of any direct loss, whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by you for the services in relation to which your claim arises during the (12 month) period prior to such claim.

None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from our negligence, the negligence of our employees or our sub-contractors. We will not be liable for any interruptions to services arising directly or indirectly from:

• Interruptions to the flow of data to or from the internet
• The effects of the failure or interruption of services provided by a third party
• Factors outside our reasonable control
• Your actions or omissions
• Problems with your equipment and/or third party equipment

No action or proceedings against us arising out of or in connection with this agreement shall be commenced more than one year after services rendered, and both parties acknowledge that this clause constitutes an express waiver of any rights under any otherwise applicable statute of limitations.

In the event of any preventable disruption to service we will credit your account as described in our Service Level Agreement. Our liability will not exceed the total amount paid for the service. If you have sensitive or mission-critical data to host, you must seek your own insurance and independent legal advice.

Our backups are intended as a convenience service and are not guaranteed or intended to replace your backup procedures. It is your sole responsibility to ensure you have a backup of all your important data.

Third Party Services

Some of the services we provide (Domain Names, SSL Certificates) are fufilled by a third party provider. For instance, an SSL certificate is provided by a root certificate provider (e.g. Thawte, Comodo, Verisign, Geotrust…), and domain names are provided by the organisation in charge of that namespace (e.g. Verisign for .COM domain names). Whilst we always pass your orders on to these third party entities in a timely fashion, we unfortunately cannot be held liable for any failings on their behalf.

We will however be happy to chase them, and in most cases we can offer a goodwill refund at our discretion should you be dissatisfied with a time delay.

All third party software and hardware shall be sold subject to your acceptance of the relevant supplier’s software licence for such third party software. Where possible, we shall forward to you any and all representations and warranties we receive from the respective third party software supplier.

Assisted Migration Service

Our Assisted Migration service is intended as a help for you to migrate to us. It is provided on a best-effort basis. We will endevour to migrate your site as successfully as possible, but the client accepts that this might not always be possible. If we are unable to migrate your site, we may, at our sole discretion, provide a refund of the fee paid for the hosting service, excluding domain registration/transfer fees, SSL certificates and other associated services.

Force Majeure

We will not be responsible for any failure to provide any services or perform any obligation due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lock-out, boycott or other industrial disputes.

Bankruptcy

If the event of bankruptcy would occur, meaning that the company is unable to provide services anymore and has to be liquidated, we commit ourselves to notify our customers and assure that the services will be provided 3 months after notification of bankruptcy is given.
We shall provide data migration support free of charge to all our customers and suggest the best solutions for their needs at 3rd party hosting providers.
The refunds for unused service time will be given completelly at our discretion and are not guaranteed.

Notice

Any notice or communications required or permitted to be delivered by us to you shall be deemed to have been given if delivered by e-mail in accordance with the contact information that you have provided.

Assignment

You shall not assign, transfer, charge or deal in any other manner with this Agreement or any of its rights under it nor purport to do the same without our prior written consent.

We may at any time, assign (absolutely or by way of security and in whole or in part), transfer, mortgage, charge or deal in any other manner with the benefit of any or all of any other party’s obligations or any benefit arising under this agreement.

Amendment in Writing

We may update or amend any of the Terms & Policies, displayed in our website, from time to time, to comply with law or to meet our changing business requirements.

Whole Agreement

This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.

Nothing in this clause operates to limit or exclude any liability for fraud

Severance

If any provision of this agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

Governing Law and Jurisdiction

This agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.

The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).