The conditions governing the purchase and use of hosting, server, email sending and domain services provided by Hostemy
These terms govern the contractual relationship between Hostemy ("Hostemy") and the customer who purchases any of its services. Placing an order implies full acceptance of these terms, of the Acceptable use policy and of the Privacy policy, which form an inseparable part of the contract.
Purchasing requires creating an account and providing truthful, complete and up-to-date identification details. The customer is responsible for keeping them current and for safeguarding their access credentials, as well as for all activity carried out from their account. We recommend enabling two-step verification. Hostemy may refuse a registration or request additional documentation to verify a customer's identity or prevent fraud.
Published prices are stated in the currency indicated in each case and exclude taxes unless stated otherwise. VAT or any other applicable indirect tax will be added according to the customer's tax residence and the applicable regulations. Every order generates an invoice available in the customer panel. Hostemy may change its rates, giving reasonable notice before the new rate applies to a renewal.
Services are billed in advance according to the chosen cycle (monthly, quarterly or annual) and renew automatically on expiry for an equal period unless cancelled beforehand. The customer authorises recurring charges to the registered payment method. It is the customer's responsibility to keep a valid payment method on file and to cancel the renewal before expiry if they do not wish to continue.
Failure to pay an overdue invoice entitles Hostemy to suspend the associated services after the corresponding notices. If the situation persists, the service may be terminated and its data irreversibly deleted. The customer may cancel any service from the panel with effect at the end of the period already paid for; except as provided under the right of withdrawal, periods already started are not refunded.
A customer acting as a consumer has fourteen calendar days from purchase to withdraw without giving any reason. By requesting immediate activation of the service, the consumer acknowledges that if the service is fully performed within that period the right of withdrawal is lost, and that withdrawing once the service has begun means paying the proportional amount for what has been supplied. Domain registrations and renewals are excluded from the right of withdrawal, as they are supplied immediately and irreversibly to the relevant registry.
The customer is solely responsible for the content they host, transmit or process through the services, for holding the necessary rights over it and for complying with applicable law, including data protection law where they process third-party data. Use of the services is at all times subject to the Acceptable use policy.
Domain registration, renewal and transfer are additionally governed by ICANN rules and by those of the registry for each extension, which prevail over these terms as far as they apply. The customer is responsible for keeping the domain contact details up to date and for renewing it on time; an unrenewed domain may be suspended, enter a redemption period at additional cost, or be released for registration by third parties.
Hostemy uses reasonable means to keep the services continuously available, but does not guarantee uninterrupted or error-free operation. We may carry out scheduled maintenance, giving advance notice whenever possible, as well as urgent work without prior notice where the security or integrity of the infrastructure requires it.
The backups Hostemy performs are a platform contingency measure and do not replace the customer's own. The customer is responsible for keeping their own up-to-date copies of any content whose loss would cause them harm. We do not guarantee the complete recovery of data from our backups.
Save for wilful misconduct or gross negligence, and without prejudice to the rights that consumer law grants a consumer customer, Hostemy's liability for any claim arising from the services is limited to the amount paid for the affected service in the three months preceding the event giving rise to it. Hostemy is not liable for loss of profit, data, business or reputation, nor for indirect damages.
Hostemy may amend these terms to reflect legal, technical or service changes. Material changes will be communicated to the customer with reasonable notice; if the customer does not accept them, they may cancel the affected services before the changes take effect.
These terms are governed by Spanish law. The parties submit to the courts of the customer's domicile where the customer is a consumer and, in all other cases, to those of Hostemy's registered office. A consumer customer may also use the European Commission's online dispute resolution platform.