Terms of Service

Drunkalka Limited (trading as Triangulum Hosting) agrees to provide services to our clients, subject to the following Terms of Service. Use of our services constitutes acceptance and agreement to Drunkalka Limited’s Terms of Services, Acceptable Use Policy and Privacy Policy which can all be found on our website.

Information About the Company

triangulumhosting.com is operated by Drunkalka Limited. The company is registered at the address: Kemp House, 160 City Road, London, EC1V 2NX with company number #10866779.

Our Obligations and Responsibilities

Dependent on the client’s fulfilment of fee obligations for their subscribed services, Triangulum Hosting will provide Hosting Services and Support Services subject to the standards outlined in the Service Level Agreement for the term of the agreement.

Triangulum Hosting warrants that any service purchased from us through our website will be provided with reasonable care and skill, and to the best of our ability. We will not be in breach of this unless: you give us a written notice of the breach via our support ticket system; and we are given a reasonable opportunity after receiving your notice to examine our provision of services to you.

We will not be liable for a breach of this warranty if the problem arises because you failed to follow our oral or written instructions as to the use of the services; you altered the services without our written consent; or the problem arises because of misuse. In the case of breach of the warranty which we have confirmed as our fault, we will use all reasonable commercial effort to remedy the issue and we will refund you in the way outlined in our Service Level Agreement. This is your only remedy for any breach of the warranty set above.

Triangulum Hosting holds the right to restrict use of services. We reserve the right to refuse service to anyone at any time for any reason.

If a problem arises with our services, we will make sure to work to the best of our ability to solve it. You can contact our support staff through our support ticket system accessible through your account 24 hours a day, 7 days a week. Our support staff will make sure to answer any queries as fast as possible.

Your Obligations and Responsibilities

By subscribing to our services, you warrant that you are legally capable of entering into contracts and you are at least 18 years old. If you are acting on behalf of a company, you warrant that you have the authority to bind that company into a contract with us.

To use Triangulum Hosting services, you are required to provide us with accurate, complete and valid account information as requested in the signup process. Should there be any changes during your subscription period, you are responsible to update your information in the 'Client Area'. As a client of Triangulum Hosting, you are required to provide only accurate information regarding your identity for the prevention of fraud. In case we suspect false representation, we reserve the right to request proof of identity prior to delivering services in the form of legal documentation such as, but not limited to, ID, Passport, and/or Credit Card. Failure to provide legal documentation upon request within 48 hours may result in us suspending temporarily your account.

Subscribers must use reasonable security precautions during use of our services. This includes, but is not limited to, proper updating and security patching of web applications installed and running on our servers; compliance with Triangulum Hosting’s Acceptable Use Policy; in case of a security breach within your hosting you will cooperate with our staff during our investigation of what has gone wrong; ensure that all account information is at all times up to date; pay service fees before due date specified on your invoice; take precautions to keep your log in details secret and secure at all times.

Additionally, you accept that you are responsible for any activity or action performed through your account. By subscribing to our services, you agree that the services provided are solely for your use and not any third party unless you are a designated reseller.

Illegal material is strictly not permitted regardless in what format it may be stored. This includes but it is not limited to copyright protected material, child pornography, any materials inciting violence or hate and so on. It is entirely in our discretion to decide whether or not certain material is considered by us unacceptable. For more details refer to our Acceptable Use Policy. We reserve the right to delete any such material without notice, however we will do our best to first give you a chance to amend your material.

Third Party Rights and Transfer of Rights and Obligations

Your agreement with Triangulum Hosting is binding to you and us and our respective successors. You may not transfer, assign, charge or otherwise dispose of the agreement or any of your rights and obligations arising from it, without our prior written permission.

We reserve the right to transfer, assign, charge, sub-contract or otherwise dispose of the agreement, or any of our rights and responsibilities arising from it, at any time during its term.

Third Party Products

In the process of buying of our services you may also chose to additionally buy into third-party products or services that we offer. We cannot give any guarantee to the operation of such services and that they will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights. You have the obligation to research and decide whether these third-party products are of satisfactory quality to you and to make sure you are familiar with their individual Terms and Conditions.

Money Back Guarantee

Once entered into contract with us for hosting services, you have the right to cancel your subscription within 15 days and if you do so, you will receive a full refund of the price paid for the hosting services you have cancelled. You must request any cancelations in writing before the end of the 15-day period. Refunds will be made only to the card or other account you used to make payment with.

Refunds are limited to one per person. It is up to our sole discretion to reserve the right to deny any refund requests if we feel abuse of services has occurred in any way.

The Money Back Guarantee excludes VPS provisions, Domain registrations and renewal services and any third-party add on products you have bought through us.

Payments and Prices

The prices of any of our services are quoted on our site. These prices exclude VAT, if chargeable. All final prices will be clearly visible on your order at checkout which you can review before paying.

As a subscriber, you agree that Triangulum Hosting is authorised to proactively charge for any subsequent subscription and domain renewals when your current subscription or registration expires. We will send you notice of this towards the end of your current period.

Prices are subject to change at any time. We will always notify you of any relevant changes at least 30 days prior to your service’s renewal. If you do not agree, you can cancel your subscription following the cancelation procedure outlined in out Terms of Service. If you do not cancel, we will assume that you have accepted our new prices and the new amount will be charged through your chosen method of payment.

Time for payment shall be of the essence. All payments must be cleared before we start providing you with the services. If a payment does not clear, we reserve the right to suspend your account.

Additionally, we reserve the right to seek to recover any outstanding amounts due by you by other means, including referring the debt to an external debt agency and/or by taking legal action. In the case of your debt being referred to a debt recovery agency, you may become liable for additional fees and charges and you agree to pay these in addition to the outstanding amount owed to us.

Chargebacks

Subscribers that wish to dispute a payment, must send an email directly to [email protected] or open a support ticket through our online system. We will investigate the issue. If this step is skipped and a chargeback is executed with your credit card issuing bank your account will be immediately suspended whilst we investigate the issue.

We have a zero-tolerance policy regarding chargebacks. Any customer who disputes a credit card and wants to subsequently reactivate their suspended account, will pay a reactivation fee of 80 EUR. This would be done regardless of the outcome of the dispute. We reserve the right to deny renewal of our services to any one who issues a chargeback.

Acceptable Use Policy (AUP)

By accepting our Terms of Service, you also agree to adhere to our Acceptable Use Policy found here. You agree to comply with our AUP and you must be aware that we will determine, at our discretion, if there has been a breach of these conditions. In case we do determine a breach, we may take actions as we deem appropriate. Such actions may be, but are not limited to, immediate temporary or permanent suspension or termination of any accounts that are in violation of the abovementioned terms; immediate, temporary or permanent removal of any content in breach; issue of warning to you; legal action; disclosure of relevant information to the authorities.

Service Level Agreement (SLA)

Triangulum Hosting has also developed a SLA which can be found here. By using our services, you accept that you are also bound by the SLA.

We will use do our best to make our servers and services available to you 100% of the time of each calendar month. We do not warrant our services will be uninterrupted or error-free but we will use reasonable endeavours to keep downtime at a minimum. If we fail to meet that standard, we’ll credit your account with the amounts outlined in our SLA unless the downtime has been a result of the exceptions listed in the SLA.

Additionally, we will make all commercially reasonable efforts to give you prior notifications in case of scheduled or emergency outages through our informational e-mails.

Harassment

Subscribers to our services agree to treat all staff of Triangulum Hosting with respect and in a professional manner in all communication with us. We would not tolerate any abuse or harassment of our staff members which includes but is not limited to verbal harassment, yelling, swearing, rudeness, threats. Any such behaviour would be considered a violation of these Terms of Service. We may issue a warning if you breach this and in case such behaviour continues we reserve the right to suspend or terminate your account without a refund.

IP Addresses

You have no right, title or interest in any IP address allocated to you and any IP address allocated to you is allocated as part of the hosting service you have subscribed to and is not portable or otherwise transferable by you in any way. You agree that you have no right, title or interest to any IP address upon expiry or termination of the services and that it is solely your responsibility to acquire a new IP address in such case.

All IP addresses which are assigned to you must be justified per RIPE Guidelines. If it is determined that IP addresses assigned to you are not being used in accordance with these guidelines, they may be revoked. We reserve the right to deny requests for IP addresses, at our sole discretion.

Domain Names

To the best of our ability, we will try to procure the registration of the domain name you request. We will not be liable in case that the relevant name registry refuses to register your requested domain name or subsequently suspends or revokes the registration. We will not act as an agent or deal in any way on your behalf with the domain name registry. You must be aware that the registration of the domain name you request is subject to the relevant domain name registry’s terms and conditions and it is your responsibility to familiarise yourself with them. We reserve the right to require you to select a replacement domain to the one you have requested to be registered if we have reasonable grounds to believe that your choice of domain name is likely in bad faith, in breach of Terms of Service or any legal or regulatory requirement.

You must be able to confirm that you are the owner of any trade mark in any domain name (or have permission to use it) that you have requested registered. You must be able to confirm that you are the legal owner (or authorised by the owner) of a domain name supplied by you for use in relation to a hosting subscription supplied by us.

You acknowledge that once a domain name has been purchased and successfully registered, it requires periodical renewal for you to retain your registration. We will send you renewal notices before the expiration date and will automatically renew your domain unless you cancel the renewal.

Back-ups

It is solely your responsibility to maintain an up to date back up copy of any data, information or other material you upload (or allow to be uploaded) onto our servers unless you specifically purchase a back-ups service from us. If there is loss or damage to your uploaded material, you will not be given access to our server back-ups as these are kept only as part of disaster recovery strategy.

In the event of any loss or damage to our servers, we will use reasonable commercial efforts to restore data on our servers from the latest back-ups we maintain in line with our disaster recovery procedure. We will not be responsible to any loss, disclosure or destruction of your material caused by you or a third-party. You agree that maintaining back-ups of your material is solely your responsibility, unless you have purchased a specific back-ups service from us.

Privacy Policy

Triangulum Hosting believes that privacy of all its customers should be respected and cared for at all times. We have developed a Privacy Policy which can be found here.

Resellers

By subscribing to Triangulum Hosting’s services, you agree not to re-sell or offer for the use of third parties any part of our hosting services, unless you have purchased specific hosting services intended for Resellers – our VPS plans. However, you are entitled to use your hosting services’ subscription for providing hosting services to companies that you are directly participating in or to which you are a legal representative.

We understand that there are cases where the subscriber is using one of our VPS plans as a reseller and is therefore themselves a provider of hosting services. We are also aware that information on our servers from those subscribers may have originated from a customer of the reseller or from another third-party. We do not require our resellers to monitor or censor transmissions or web sites created by customers of our subscribers. We, however, reserve the right to directly take action against a customer of a reseller. Triangulum Hosting may take action against the reseller because of activities of their clients, even though that action may affect other customers of the reseller who are on the same hosting environment.

Additionally, we expect subscribers who resell hosting services to cooperate with Triangulum Hosting in any action that we deem necessary to take to remedy any breach of our Terms of Service. Failure to cooperate with us on the matter is a violation of our policy.

Limitations

The services that you subscribe to have certain limitations. Your material must be linked to a web page; you must not use your hosting services as a back-up of or repository for your material; and you must comply at all times with our Acceptable Use Policy.

Your subscriptions parameters will be listed on our website. Your subscription includes a certain bandwidth, web space, e-mail accounts, number of websites and databases allowed per account.

In the case of bandwidth your hosting subscription includes a certain amount per calendar month. If you exceed your allowance, we may take action against your account which may include slowing down of your site, temporary suspension or, in cases of repeat violations, we may choose to terminate your account. If any of this happens, we will notify you and you must upgrade your package or wait for the month to renew for your account to return to normal operation.

Some packages state that you will have unlimited or multiple of a specific characteristic of your hosting provision. This means that we do not generally limit subscribers in the normal operation of a personal or small business website, provided it complies with our Terms of Service and provided the subscriber falls within industry standard general usage behaviour normal for sites similar to theirs. However, in the event your service usage or content presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, and we deem it to be detrimental or disruptive to our other clients who share a server with you, you may be required to upgrade your plan, and we may take action to restrict the resources your website is utilising. In case of breach of these conditions or the ones set in our Acceptable Use Policy, we are entitled to suspend or terminate permanently or temporarily the provision of your services without a prior warning.

Duration of Services and Cancelations

Services including domain registration and hosting will commence on the date you have received a confirmation e-mail from us.

Domain registration services will continue until: we have registered the domain name you requested and subsequently you have asked us to not renew the registration through your control panel before the renewal date. Unless you do this, we will automatically renew your domain and charge you; we terminate the supply of the domain registration services by giving you a notice due to some reason that is preventing us from registering the domain such as: the domain is no longer available, or we consider that you are breaching our policies.

Hosting services provision will continue for the period of time that is relevant to the specific subscription you have purchased. After expiry of the period your services will be renewed, and you will be charged again. You have the right to cancel within 15 days and make use of our 15-day money back guarantee policy. You must do so in writing through our support ticket system. Once we receive your request for cancellation, we will re-confirm your request via our support ticket system or an e-mail and then we will action it.

Without prejudice to any other right to terminate or suspend the services we may have under these terms and conditions or our Acceptable Use Policy, we may terminate your contract at any time by giving you 30-day notice in writing to the e-mail address you have provided us with.

Additionally, if you are in breach of our Terms of Service or any of our other policies, we ultimately reserve the right to terminate our contract with you without prior notice.

Indemnity

The subscriber agrees to indemnify and protect Triangulum Hosting, its subsidiaries, affiliates, officers, partners and employees fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever incurred by it or them and arising from any of the following: (i) the clients breach of this Agreement or its negligence or other act, omission or default; (ii) the operation or break down of any equipment or software owned or used by the client but not the hardware and/or Software; (iii) the clients use or misuse of the Services; (iv) the client infringing (whether innocently or knowingly) third party rights (including without limit IPRs).

Liability

We do not monitor and will have no liability for any material you upload or allow to be uploaded, or any communication you transmit or allow to be transmitted through the use of our hosting services. Additionally, due to the public nature of the internet, we will not be liable for the protection of the privacy of electronic mail or any other information transferred through the internet or via any network provider and no guarantee or representation is given that our hosting services will be free from hackers or unauthorised users.

You will be liable for the content of any emails transmitted through the use of our hosting services, and for any material you upload to, or allow to be uploaded to, our servers. You are responsible for ensuring compliance at all times with all relevant legislation.

We will not be responsible for the following types of losses: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of software or data; loss of goodwill; wasted expenditure (such as pay per click advertising costs); wasted management or office time. In case of liability in connection with the performance of our services, the liability shall in no circumstances exceed 100% of the price paid to us for the services during the last 12 months before the event giving rise to the liability in question.

You are advised to acquire appropriate insurance to protect yourself and your business in the event of issues with the services.

Intellectual Property Rights

You retain all intellectual property rights in your material stored on our servers and you grant us a worldwide, non-exclusive, royalty free license to use, store, maintain and publish on the internet your material on our servers, for the purpose of providing the hosting services to you. Additionally, you warrant that your uploaded material does not infringe on the intellectual property rights on any third party and that you have the authority to grant us the abovementioned license to store, use, maintain and publish on the internet any such material. You agree to defend, indemnify and hold us harmless against any claims, proceedings, losses, actions, damages and costs arising from or in connection to your material that infringes, or allegedly infringes, on the intellectual property rights of a third party.

Force Majeure

Triangulum Hosting will not be liable or responsible for any failure to perform our obligations under our agreement with you if it is caused by any events beyond our reasonable control (Force Majeure events). These include any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular but is not limited to: misuse, alteration or interference by you or any third party of our servers or systems (including virus or hacker attacks), significant failure of a portion of the power grid, significant failure of the internet, natural disasters, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry. In such events, our performance under our agreement with you will be considered suspended for the duration of the event and we will do our best to find a solution and restore our services back to normal.

Terms Changes

We reserve the right to update and amend our Terms of Service at any time. Such changes will become effective immediately upon updating and uploading on our site and will become binding. All our existing customers will additionally be notified about the amendments. By continuing to use our services after such revisions have been posted on our public site, all subscribers agree to them.

Governing Law

The subscribers agree that this agreement as well as our Service Level Agreement, Acceptable Use Policy and Privacy Policy shall be governed by English law. Subscribers agree that any claim or dispute that may arise will be resolved by the courts of England and Wales.

This policy was last amended on the 9th of May 2018.

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