HostCircle BVTerms and Conditions

1) Data

We, at HostCircle (HC), will take immense care and give our fullest effort to safeguard the data stored in hard drives, network storage, back-up space and any other storage media related to HostCircle. We are also 100% GDPR compliant, as per European regulations.
When deploying the services related to data integrity, data security, data transmission and data retention, HC agrees to use the best practices that are commercially reasonable. HostCircle will not hold responsible for any loss due to loss of data.
The customer is ultimately responsible for the data integrity, data security, back-up and ownership of data; and any loss that may arise due to loss of data.The customer has to keep his passwords, scripts and other softwares free from security bugs.

2) Charges

The customer will pay for all the services offered by HC including, but not limited to, any current, state and local taxes, use of Value Added Services, import/export, excise duty, service tax, and any other tax associated with the service. All payment must be pre-approved by HC and must be made via electronic means. HC has rights to charge the customer for bandwidth over usage, late fees and any such penalty. The customer will be charged a late payment fine of €20 and customer account reactivation of €45. The customer is required to pay the fees without delay, refusing thereof, HostCircle has rights to collect it by using the service of a collection agent/attorney. The customer is also liable to pay the charges incurred by HostCircle due to involvement of the enforcing agent.

3) Payment

The customer agrees to pay the first term fees (billed monthly, quarterly, semi-annually, annually or biennially) for the service in advance including the set-up fees (if any). Only after the completion of payment of the first term fees, HC will commence the required service.

4) Cancellation Notice and Refunds

4.1 Service start date

For the purposes of cancellation and refunds, the “service start date” is the date the service is provisioned and made available for use (or, if earlier, the date we notify you that the service is ready).

4.2 Subscription renewals (recurring billing)

Services are billed in advance on a recurring basis (monthly/quarterly/semi-annually/annually/biennially, as selected at checkout). Unless cancelled, subscriptions renew automatically at the end of each billing term.

4.3 How to cancel

You may cancel at any time via the Client Portal or by opening a billing ticket from the account owner’s email address. Cancellation is effective for the end of the current billing term, unless we confirm an earlier termination in writing. We will send written confirmation of cancellation and the effective date.

4.4 7-Day Money-Back Guarantee (Dedicated Servers & IP Transit only)

If you purchased a Dedicated Server or IP Transit, you may request cancellation and a refund within 7 calendar days of the service start date (“Money-Back Guarantee Period”).

To qualify, all of the following must be true:

• 1. The cancellation/refund request is submitted by the account owner via the Client Portal or a billing ticket within the Money-Back Guarantee Period.
• 2. Your account is in good standing (no unpaid invoices and no fraud indicators).
• 3. No abuse complaints or verified policy violations have been recorded for the service or account during the Money-Back Guarantee Period, including (without limitation) spam, phishing, malware, DDoS attacks originating from your service, hacking attempts, copyright violations, or other prohibited use under our Acceptable Use Policy.
• 4. You cooperate with reasonable verification requests required for security, compliance, and fraud prevention.

Refund amount under the Money-Back Guarantee

If eligible, we will refund:

• the base recurring service fee paid for the Dedicated Server or IP Transit for the current term; and
• any setup / provisioning / installation fees charged for that specific service.

The following are not refundable (unless required by applicable law):

• usage-based or consumption charges, including bandwidth overages, additional IPs, add-on ports, and any metered services
• DDoS mitigation or security services that were activated/consumed on a usage basis
• remote hands, custom work, professional/managed services already delivered
• third-party pass-through costs, licenses, or fees we cannot recover

Refund method

Approved refunds for card payments are issued to the original payment method.

4.5 After the 7-day period

After the Money-Back Guarantee Period ends, all fees are non-refundable unless required by applicable law or explicitly stated at checkout in writing for a specific product.

4.6 Non-refundable items (general rule)

Except where Section 4.4 applies, or where required by law, the following are non-refundable:

• setup/one-time fees, customization fees, migration work, consulting, managed services performed
• late fees, administrative fees, reinstatement fees
• usage-based charges, overages, add-ons, and value-added services once delivered
• domain names, third-party licenses, and pass-through costs (where applicable)

4.7 Provisioning failure / service unavailable

If we cannot provision the purchased service, or the service is not made available within a commercially reasonable time after payment (and you cooperate with reasonable verification steps), you may request a refund for amounts paid for the unavailable service. This does not apply where provisioning is delayed due to incomplete/incorrect customer information, required compliance checks, suspected fraud, or circumstances outside our reasonable control.

4.8 Refund method & processing

• Card payments: approved refunds are issued to the original payment method used for the purchase.
• Bank transfer / other methods: approved refunds are issued by bank transfer or, if agreed, as account credit.
• Refunds are processed after approval; your bank/card issuer may take additional time to post the credit.

4.9 Chargebacks and billing disputes

If you believe a charge is incorrect, please contact Billing Support first so we can investigate and resolve it quickly. Initiating a chargeback while an internal billing investigation is ongoing may delay resolution and may result in service suspension where permitted by law and contract.

5) Customer's Information

All customer information are stored securely in HC servers and will not be shared/sold/rented to any third-party agencies. The customer is responsible for providing a valid email id and contact address, failing to do so will result in immediate termination of service. The customer is also responsible for providing the primary contact email id which is not under the domain used in the hosting account. The customer is also responsible for regularly checking the email notifications by HC. In services involving risk, the customer shall be liable to provide a copy of a valid government issued identification and scanned copy of the credit card used for the payment.

6) Termination of Account

HC has the rights to terminate any account on any abuse of service provided by HC and/or violation of Acceptable User Policy (AUP). The customers are required to read the AUP carefully.

7) Refund policy

7.1 General rule

Except as expressly provided in Section 4.4 (Money-Back Guarantee), or where required by applicable law, all fees are non-refundable once the service has started or the billing term has commenced.

7.2 Money-Back Guarantee governs Dedicated Servers & IP Transit

Refund requests for Dedicated Servers and IP Transit are handled exclusively under Section 4.4. If the request is made within the Money-Back Guarantee Period and the eligibility conditions are met (including no abuse complaints or verified policy violations during that period), we will refund the amounts specified there, including applicable setup/provisioning/installation fees for that service.

7.3 Non-refundable charges (including during the guarantee)

Unless required by law, the following are not refundable:

• usage-based/consumption charges (e.g., bandwidth overages, additional IPs, add-on ports, metered services)
• DDoS/security services billed on usage/consumption
• remote hands, custom work, professional/managed services already delivered
• third-party pass-through costs, licenses, or fees we cannot recover

7.4 Refund method

• Card payments: approved refunds are returned to the original payment method.
• Bank transfer/other methods: refunds are issued by bank transfer or, if agreed, as account credit.

7.5 Processing time

Refunds are initiated promptly after approval. The time for the credit to appear depends on your bank/card issuer.

7.6 Conflicts

If this Section 7 conflicts with any other refund-related clause, Sections 4.4 and 7 prevail for refunds and cancellations.

8) Disputes

The customer is encouraged and requested to open a support ticket with the billing department for any billing errors. Failing to do so, HC shall not accept any claims by the customer by any other means.
We will not entertain any customers to take any issues to any public places. We allow our clients to post review about our service (positive or negative) in any public (such as forums). But we strictly prohibit our clients from posting sensitive information, ticket replies and other details. Doing so we are entitled to take legal action against the offending customer.

9) Commercial Advertising - Email

Spamming, or the sending of unsolicited email, from a HostCircle Web Hosting server or using an email address that is maintained on a HostCircle Web Hosting machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them. HostCircle Web Hosting will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 5000 pieces per DAY and no more than 20 pieces per minute. Many times we have seen sites push over 1000 emails in one hit, causing extreme server loads and/or preventing other people from accessing the services provided. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST. Sites with large mailing databases, need to be placed on dedicated server or VPS platform.

10) Changes to TOS

HC has rights to add, delete or modify the terms given in this agreement. It is the customer's responsibility to check for changes time-to-time.

11) COVID-impacted Delivery Timelines

HC does its best when it comes to delivering servers or services quickly. But owing to global chip shortage and ongonig COVID crisis, sometimes the privisioning times may be extended. The customer is requested to wait patiently in case of such an unfortunate delay in provisioning. HC also hereby assures that the billing date will commence only when the service commences (in case of Bare Metal Servers only).


- Management, HostCircle BV