Legal Documents – FastyCloud Inc.

Terms & Conditions of Service (TOS)

1. THESE TERMS

1. What these terms cover. These are the terms and conditions under which FastyCloud Inc. (“FastyCloud”) supplies services to you. All terms become effective from the date of your electronic submission of an order.

2. Why you should read them. Please read these terms carefully before submitting your order. These terms explain who we are, how we will provide services to you, how both you and we may change or terminate the contract, what to do in case of a problem, and other important information.

3. Amendment of Terms. FastyCloud may, at its sole discretion, modify this Agreement and any related policies at any time. We will notify you by email 30 days in advance of any changes to our services. Modifications take immediate effect. Your continued use of our website or services constitutes acceptance of the amended Agreement. It is your responsibility to ensure your registered email address is up to date. We are not liable for any failure to receive our communications due to an outdated or incorrect email address.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

1. Who we are. We are FastyCloud Inc., a company registered in the USA. Our company registration number is 11878098, and our registered office is at 727 Croes Ave., New York. Our registered VAT number is US318406717.

2. How to contact us. You can reach us through the contact methods listed at https://www.fasty.cloud/about or by logging into your client area at https://portal.fastycloud.com and submitting a support ticket.

3. How we may contact you. If we need to contact you, we will do so via telephone, email, or postal address, as provided at the time of placing your order. We will never ask for your password. If you are unsure of the identity of a caller claiming to be from FastyCloud, please contact us directly using the telephone number displayed on our homepage. For service updates or scheduled maintenance notifications, we may update our status page at www.fasty.cloud, www.fastycloud.com, or www.fastycloud.com/login .

3. OUR CONTRACT WITH YOU

1. How we will accept your order. Placing an order on our website does not guarantee acceptance. Your order is accepted only when you receive confirmation that it has been fulfilled. At this point, a contract is established between you and FastyCloud. Payment must be received before any services are provided.

2. If we cannot accept or fulfill your order. If we are unable to accept or fulfill your order, we will inform you and issue a full refund. Examples include:

   • Your requested domain name is unavailable.

   • The registry imposes a non-standard price.

   • The requested domain transfer cannot be completed.

3. Account Details.

   • To access our services, you must create an account. You may be assigned a username and password upon placing an order. We reserve the right to change your username or password, and any such changes will be communicated in writing.

   • You warrant that all information provided to set up your account is accurate and complete.

   • You are solely responsible for all activities on your account, whether authorized by you or not.

   • You must keep your login details secure and notify us immediately of any unauthorized account use or security breaches.

PROVIDING THE SERVICES

1. Service Costs

The costs of the services will be displayed on our website.

2. Service Provision

We will supply the services to you until the subscription expires, you terminate the contract as described in Clause 7, or we terminate the contract by written notice as described in Clause 9.

3. Failure to Provide Required Information

To supply the services, we require certain information from you, as stated in the sign-up section on our website. If you fail to provide this information within a reasonable time, or if the information is incomplete or incorrect, we may:
a) Terminate the contract, or
b) Apply an additional charge to compensate for extra work required.

We are not responsible for any delays or inability to supply the services caused by your failure to provide the necessary information on time.

4. Reasons for Service Suspension or Disabling

We may suspend or disable service provision for the following reasons:
a) Addressing technical issues or making minor technical changes.
b) Updating the product to comply with relevant laws and regulations.
c) Implementing requested changes (see Clause 6).
d) Compliance with legal requirements.
e) Breach of any material term of this Agreement.
f) Resolving third-party claims or legal actions.
g) Preventing financial loss or legal liability.

5. Customer Rights in Case of Suspension

We will inform you in advance of any service suspension, except in urgent or emergency cases. If the service is suspended for more than 24 hours in any 7-day period, we will adjust the price so that you do not pay for the affected period, except when the suspension is due to your breach of this Agreement.

You may terminate the contract if the service is suspended for more than 120 hours. In such cases, we will refund any amounts paid in advance for the unused period, except when the suspension results from your breach of this Agreement.

6. Suspension Due to Non-Payment

If you fail to make payments as required (see Clause 10.6), we may suspend service provision until full payment is made. We will notify you before suspending services. In addition to the suspension, we may charge interest on overdue payments. Once payment is received, we will make reasonable efforts to restore the service within 24 hours.

7. Data Loss and IP Address Changes Due to Service Suspension

If your service is suspended or overdue, we may no longer retain copies of your data or website. Your website's IP address may also change. As we rely on global cloud providers, we are not responsible for maintaining your service if you fail to pay your invoices.

IMMEDIATE SERVICE SUSPENSION

The following violations will result in immediate suspension and may lead to account termination after investigation:

1. Posting the same or similar content in excessive numbers of newsgroups (e.g., 20 or more).

2. Sending unsolicited bulk emails (25+ recipients) that cause complaints.

3. Engaging in such actions through an external provider while using a FastyCloud account for responses or advertisements.

4. Harassing individuals online after being requested to stop.

5. Impersonating another user or falsifying usernames in emails, Usenet posts, IRC, or any other service.

6. Hosting high-resource-consuming scripts in shared hosting environments.

7. Reports of a domain, email, or cPanel account engaging in spam, phishing, or illegal activities.

8. Use of inappropriate, offensive, aggressive, or demeaning language towards FastyCloud staff or on service channels.

Violation of these policies may result in immediate service suspension without claim. Reactivation may involve additional costs, and repeat violations will lead to permanent service termination.

REACTIVATION FEES AND PROCESS

Reactivation costs apply for:
a) Abuse or violation of terms – Up to $30 USD for resellers and $15 USD for individual hosting clients.
b) Overdue payments – A 30% surcharge applies after 3 days of non-payment.
c) VPS service suspension – A reactivation fee of up to $30 USD.

Failure to pay reactivation fees within 96 hours of notification will result in service termination.

YOUR OBLIGATIONS UNDER THE CONTRACT

1. Account Content Responsibility
   Customers are responsible for all scripts, data, and content on their accounts. Abusive scripts (e.g., those that harm systems or facilitate fraudulent activities) will result in immediate suspension and potential legal action.

2. Illegal Material Prohibition
   You must not upload, send, or receive materials that are offensive, defamatory, obscene, or illegal under relevant laws. Specifically, you must not:
   a) Gain unauthorized access to computer systems.
   b) Send data with forged addresses or harmful intent (e.g., DDoS, malware).
   c) Run open relays or send spam (UBE/UCE).
   d) Conduct port scanning or vulnerability testing without permission.
   e) Disclose your login credentials.

3. Intellectual Property and Copyright Compliance
   You must not upload, distribute, or transmit copyrighted material without authorization. It is your responsibility to ensure compliance.

4. Prohibited Hosting Activities
   a) Hosting open proxy servers is strictly prohibited.
   b) Hosting content that incites hate or contains illegal pornography is not allowed.
   c) Hosting pirated software, copyrighted media, or warez is forbidden.

5. Domain Name Registration Responsibilities
   a) Ensure domain registration does not infringe on third-party rights.
   b) Domains found in breach of trademarks may be placed on hold.
   c) Ownership transfers require proof of agreement to contract terms.
   d) Compliance with ICANN and legal authorities is mandatory.

ACCEPTABLE EMAIL USAGE

1. Spam and Bulk Email Prohibition
   We enforce a strict anti-spam policy. Sending bulk, unsolicited emails (20+ per hour) is prohibited. Violations may result in suspension or termination.

2. Email Usage Restrictions
   You agree not to:
   a) Send emails that cause annoyance, distress, or legal issues.
   b) Use misleading headers or unauthorized email addresses.
   c) Operate open relay email servers.

ACCEPTABLE WEB USAGE

1. Website Content Responsibility
   We do not monitor hosted content. Customers are solely responsible for ensuring legal compliance.

2. Copyright and Intellectual Property
   It is the customer's responsibility to resolve any copyright disputes related to their content.

3. Illegal and High-Risk Content Restrictions
   a) Hosting illegal content is prohibited.
   b) Legal adult content (as defined by U.S. law) must be disclosed before service activation.
   c) We reserve the right to investigate and remove abusive or illegal content at any time.

20. YOUR RIGHTS TO END THE CONTRACT

1. Ending your contract as a standard service user. You may terminate your contract by canceling the service before the renewal date (by 11:59 PM GMT on the day before renewal) through the client area at https://portal.fastycloud.com. You may also raise a support ticket up to 24 hours before renewal.

2. Ending your contract as a dedicated server user. As a dedicated server user, you may terminate your contract by providing written notice at least 24 hours before the next billing date.

3. Refunds for prepaid months. We offer a low-cost service with significant discounts for prepayments. If you cancel before your service end date, you will not be entitled to a refund.

4. Faulty or misdescribed services. If the services you have paid for are faulty or misdescribed, you may have a legal right to terminate the contract, request a re-performance of the service, or receive a partial or full refund. You must inform us in writing of the reasons for your claim. We will respond within 28 days and inform you whether a refund will be issued.

5. Cancellation under the 15-day money-back guarantee. If you change your mind, we offer a “15-day no-quibble money-back guarantee.” You must notify us within 15 days of opening your FastyCloud shared hosting account. A full refund will be issued, excluding non-refundable domain registration fees. This guarantee does not apply to dedicated server products, domain name registrations, renewals, or transfers.

6. Inappropriate or illegal activity. If your account contains illegal content (e.g., pirated software, hacker programs, or warez files), it will be suspended immediately. Failure to remove the offending content will result in termination with no refunds, including under clause 20.5.

7. Refund processing. Refunds will be processed within 7 working days.

8. Right to cancel under Consumer Contracts Regulations 2013. If you are a Consumer under these regulations, you may cancel most online purchases within 14 days for a refund. However, you cannot cancel once digital products have been downloaded, services have been completed, or sealed software has been unsealed.

21. HOW TO END THE CONTRACT WITH US

1. Requesting cancellation. To cancel, log into https://portal.fastycloud.com, view your product, and submit a cancellation request. If you qualify for a refund under clause 20.5, request it in the cancellation notes.

22. OUR RIGHTS TO END THE CONTRACT

1. We may terminate the contract if you breach it. We may end the contract at any time if:

   • You fail to make payment when due.

   • You do not provide necessary information within a reasonable time.

2. Compensation for contract breaches. If we terminate the contract due to your breach, we will refund payments for unused services but may deduct reasonable compensation for costs incurred.

3. Withdrawal of services. We may discontinue services with at least 30 days' notice. Refunds will be provided for prepaid unused services.

23. PRICE AND PAYMENT

1. Service pricing. Prices are listed on our order pages. VAT, where applicable, will be detailed during checkout.

2. VAT adjustments. If the VAT rate changes after your order but before service delivery, your payment will be adjusted accordingly.

3. Price changes. We may update service prices and will notify you via email. Existing customers on fixed-term contracts will only be affected at renewal.

4. Pricing errors. If we mistakenly list an incorrect price:

   • If the correct price is lower, we will refund the difference.

   • If the correct price is higher, we will contact you before proceeding with the order.

5. Payment methods. We accept major credit/debit cards, direct debit, PayPal, bank transfer, and cheques. You must be authorized to use the chosen payment method. If a payment is declined, you will be responsible for all associated costs.

6. Chargebacks. Unauthorized chargebacks will result in account suspension or termination. A £50/$80 administration fee applies.

7. Invoice payments. Payments must be made at the time of order. Invoices are sent to your registered email and can be viewed at https://portal.fastycloud.com.

8. Late payments. Overdue payments incur a 10% annual interest charge above the Bank of America’s base lending rate. Interest accrues daily until payment is made.

9. Disputed invoices. If you believe an invoice is incorrect, notify us promptly. No interest will be charged while disputes are being resolved. If resolved in our favor, interest will apply from the original due date.

24. REFUNDS

1. 15-day money-back guarantee (annual purchases only). If you cancel within 15 days of your first hosting order, you will receive a full refund. However:

   • This applies only to your first order, not subsequent changes or purchases.

   • No refunds are issued for monthly billing customers.

   • Refunds exclude additional services like domain registrations, dedicated servers, and VPS.

25. OUR RESPONSIBILITY FOR LOSS OR DAMAGE

1. Foreseeable losses. We are liable for foreseeable losses caused by our failure to use reasonable care and skill.

2. No limitation of liability for unlawful exclusions. We do not limit liability for personal injury, death, fraud, or gross negligence.

3. No liability for downtime. We are not responsible for service interruptions or data loss. Compensation is limited to termination of the service.

4. Business use exclusion. If you use our services for business purposes, we are not liable for lost profits, business interruption, or lost opportunities.

5. Liability cap. Unless you are a Consumer under the Consumer Rights Act 2015, our total liability is limited to twice the fees paid for the affected service within the past 12 months.

26. HOW WE USE YOUR PERSONAL INFORMATION

1. Privacy policy. Your personal data is processed in accordance with our Privacy Policy.

27. OTHER IMPORTANT TERMS

1. Transfer of agreement. We may transfer our rights to another company. If you object, you may cancel within 10 days for a pro-rata refund.

2. Customer transfer requests. You may transfer your contract only with our written approval. Requests can be submitted via support ticket.

3. Third-party rights. This contract is between you and us; no other party has rights under it.

4. Severability. If any part of this contract is found unlawful, the remaining terms remain in force.

5. Delays in enforcement. If we delay enforcing this contract, we may still do so later.

6. Governing law. This contract is governed by English law. Legal proceedings may be brought in English, Scottish, or Northern Irish courts.