1 General Provisions

1.1 These terms and conditions apply to all business relations between the customer and Faconhost Ltd. (hereinafter referred to as “we”). These terms and conditions constitute an integral part of all contracts entered into with the customer. They also apply to future services and promotions, even if the customer does not separately agree again.

1.2 We expressly reserve the right to change our terms and conditions, system policies, and prices by notifying the customer in advance through the customer’s account or the email address provided in the contact information. The customer is obliged to ensure that the email provided to us is up-to-date. We are not responsible for any failure to receive our email communications due to inaccurate email addresses.

1.3 Faconhost Ltd. reserves the right to change or modify this agreement, as well as any policies or agreements included in this agreement, at any time at its own discretion. Any changes or modifications will take effect immediately.

1.4 Faconhost Ltd. is a registered company in the United Kingdom with the company code 15219737, located at 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM.

1.5 Our services, hardware, accessories, and pricing are publicly available to customers through our customer portal: https://client.faconhost.com/

1.6 Our website: https://faconhost.com/

1.7 Our Acceptable Use Policy (AUP): https://faconhost.com/faconhost-acceptable-use-policy/

2 Formation, Duration, and Termination of the Contract

2.1 When a customer subscribes to our services, the terms of the service agreement will be presented to the customer for review. Once the customer confirms having read the terms and wishes to subscribe to the service, it is considered acceptance by the customer. This agreement takes effect upon the issuance of the first invoice by us.

2.2 We conduct agreements in English. Applicability of the agreement includes dispute resolution.

2.3 Placing an order on our website does not guarantee acceptance of the customer’s order. We provide services after receiving payment.

2.4 If we cannot accept or fulfill a customer’s order, we will notify the customer and refund all funds paid to us.

2.5 The customer must ensure that all submitted information is true, accurate, and complete.

2.6 The customer is responsible for all activities on their account, whether authorized or not. The customer must ensure the security of their login information.

2.7 We reserve the right to refuse an agreement if the customer violates our or third-party service terms or for other legitimate reasons determined by us.

2.8 We offer a 7-day refund policy, except in the following cases:

Usage of over 20GB data.

Products transferred from other customers.

Transferred products to other customers without a refund.

Reports of abuse received.

Customer’s IP listed in any blacklist, such as GFW, etc.

Renewed services are non-refundable.

Services with changed IPs are non-refundable.

Flash sales, holiday promotions, and products explicitly stated as non-refundable in the product description.

2.9 If a customer discovers their IP is blacklisted within 5 hours of receiving our service, they can submit a ticket for replacement at a cost of £5.

2.10 We offer service transfers, and customers must pay a £5 manual fee.

2.11 Our quotes may change and are not binding. We reserve the right to make technical and other changes within reasonable limits.

2.12 Unless otherwise agreed, the duration of the contract is unlimited.

2.13 We reserve the right to terminate the contractual relationship for legitimate reasons without prior notice.

2.14 The customer has the right to terminate this agreement at any time and without stating any reasons. We allow termination notice 30 days before the end of the contract without providing any reasons. The termination notice can be issued via email or in text form through our secure customer interface.

3. Service Provision Process

3.1 The start date of the service is considered the date when our services are made available for use.

4. Payment Terms and Late Payments

4.1 We will invoice the customer for any contractually binding services using the updated prices displayed on https://client.faconhost.com and statutory value-added tax.

4.2 As per the contractual agreement, we process invoices for quarterly, semi-annual, or annual periods using the agreed-upon payment method. The customer is obligated to adhere to the terms and conditions of the payment service used for invoice payments.

4.3 We reserve the right to charge interest on late payments from the due date.

4.4 The customer is responsible for paying all fees and taxes associated with using the services or incurred by third parties specified by the customer.

5. Faconhost’s Rights and Obligations

5.1 Provide services to customers around the clock.

5.2 Notify the customer at least 48 hours in advance of any circumstances hindering the use of the services.

5.3 Reserve the right to modify prices and terms of service with at least 15 calendar days’ written notice to the customer.

5.4 Reserve the right to modify general terms of the agreement.

5.5 If the customer violates the terms of this agreement, we have the right to suspend or terminate services.

5.6 In the event of a violation of the Acceptable Use Policy (AUP) by the customer, we have the right to terminate services without further notice.

6. Customer’s Rights and Obligations

6.1 The customer has the right to use the services according to their own wishes and needs but only for their intended purposes.

6.2 The customer has full and sole administrative rights over all services. The customer is responsible for managing and protecting these products at their own cost and risk.

6.3 By using our services, the customer is obligated to configure and manage their servers in a manner that does not compromise the integrity and availability of third-party networks, servers, and data.

6.4 The customer is obligated to regularly back up their data; backups should be stored outside of the servers provided by us.

7. Mutual Responsibilities

7.1 Neither party shall be liable for non-performance or incomplete performance of obligations under this agreement due to force majeure.

7.2 Unforeseeable circumstances beyond the control of either party, including but not limited to fire, explosion, natural disasters, and war, will be considered as force majeure.

7.3 The occurrence of force majeure does not relieve the parties of the obligation to minimize losses caused by force majeure. After the end of force majeure, the parties are obligated to resume the performance of their obligations immediately.

7.4 We have the right to monitor the customer’s service usage, such as CPU utilization, traffic usage, and may disclose information regarding service usage for various reasons. For example, compliance with laws and regulations, compliance with legal or law enforcement requests, ensuring appropriate services, or protecting your or your customers’ rights.

7.5 We cannot guarantee uninterrupted or fault-free use of the services.

7.6 We are not responsible for any claims or losses arising from the offline or unavailability of our servers for any reason, including consequential and indirect losses.

7.7 We are not liable for business losses. If you use the products for any commercial, business, or resale purposes, we will not be liable for any loss of profit, business loss, business interruption, or loss of business opportunities.

7.8 For any network defects, malfunctions, and disruptions, the customer has the right to notify us by sending an email to noc@faconhost.com.

8. VPS Fair Share Policy

8.1 Customers are prohibited from prolonged occupation of I/O, thereby affecting other customers on the same node.

8.2 Since CPU cores on KVM VPS are shared among multiple VPS, customers should avoid exceeding 100% CPU usage for more than 2 hours.

8.3 Network ports are shared fairly, and continuous high-bandwidth usage that impacts other customers on the same node is not allowed.

8.4 Unless specified otherwise, our VPS products prohibit the installation of Windows.

8.5 We reserve the right to take action against violations of clauses 8.1, 8.2, 8.3, and 8.4. Typically, for the first violation, we will suspend services and notify the customer by email. For the second violation, we will terminate the customer’s services.

9. Confidentiality

9.1 Information submitted by the customer will be treated as confidential, and we commit not to disclose it to third parties without prior written authorization from the other party, except as required by UK law.

9.2 We reserve the right to submit and disclose customer information to credit rating agencies and debt collection agencies if there are outstanding debts.

9.3 In case of abusive behavior towards our staff, insults, or misuse of payment dispute mechanisms by the customer, we reserve the right to submit and disclose customer information to credit rating agencies.

9.4 The confidentiality obligation remains effective indefinitely after the termination of this agreement.