- General
1.1. The terms and conditions listed below define the contract between the Client (you,user) and HostGistic LTD (we, us) hereinafter referred to as the Provider in relation to the service that the Client has chosen.
- Services
2.1 Services webhosting, VPS servers, domain registration, services webmaster working and ohers pre-agreed services between the Client and the Provider. The pre-bill and the bill define which service is used and paid for.
2.2. The provider has the right to change the service at any time or to terminate the service in part or in whole if it is necessary for any reasons, technical or due to legal regulations of competent authorities.
2.3 The provider will provide technical support during the period of service provision via LiveChat or Email as well as via information on the site itself. Support response times are not guaranteed or time limited. The provider will try to make the response time as short as possible.
2.4. Data and information about the User may be forwarded to a third party if it is necessary to ensure the proper functioning of the service (for example, technical support of software used on hosting). In this case, special care will be taken to protect the user’s information.
2.5. The Provider will register the domain on behalf of the Client and the Client is the owner of that domain.
2.6. The user must be at least 18 years old in order to be able to order the service.
2.7. The Provider may refuse to provide services to anyone if it believes that the Client is in any way endangering or may endanger the servers or business. The provider reserves the right to refuse cooperation with anyone and to provide services to anyone.
2.8. Using the Provider’s services is a privilege and not a right.
- Contract duration and service provision
3.1. The period of service provision is chosen by the User when placing an order or by changing it from the Client-Area. The user can terminate the contract at any time by deleting the service from the Client Area. The change of the service period will be confirmed in the invoice, but the change of the period cannot be done while there are unpaid invoices, in which case it must ask the Provider to delete the unpaid invoices in order to change the payment period and thus generate a new invoice.
3.2. The provider reserves the right to refuse to delete the pre-bill for any reason.
3.3. Termination of the contract regarding the domain is possible, however, the domain remains in the registration status until its expiration even after the termination of the contract, but the user deleting the domain from the Client-Area will not receive invoices for the extension of that domain.
3.4. Each of the contracted parties will have the right to send a written notice of termination of the Agreement by email. Termination will be effective immediately.
3.5. The Provider has the right to terminate the service with immediate effect, the Provider will have the right to stop providing the service until the investigation is completed. The provider also has the right to terminate the service as a result of a police report, investigation, dispute, etc. related to the service, where the Provider considers it necessary to prevent criminal activities or similar actions that may affect such cases. The provider has the right to terminate the service if the software on the user’s account is outdated or contains security flaws or potentially dangerous content (malware, virus, infected file or code that enables the distribution of viruses, etc.).
3.6. The provider is not obliged to send a notification by email about the termination of the service from the specified items of point 3.5 of this contract. If there is an agreement between the Provider and the User that the User will solve all problems on his account and in connection with the Services used, the provider can reactivate the service.
3.7. The Provider can terminate the service if the Client violates any law of the Republic of Serbia and the laws of other countries by using the service, as well as if the Provider receives a report (abuse email) from third parties for copyright infringement or distribution of malicious software or phishing.
3.8. The uptime guaranteed by the Provider is the one guaranteed by the data center from which the servers are rented, which is 99.9% for one year.
3.9. The provider may terminate or temporarily suspend the service if the site/sites/account is under a DDoS attack or other hacker attack.
- Fee for the Service
4.1. Payment for the service is made no later than 30 days after the invoice is issued. The user must take care that the payment order is filled out correctly with reference to the number as well as the purpose of the payment so that the payment can be verified.
4.2. When placing a new order, the user will automatically receive a proforma invoice by email that is valid for 15 days from the day of the order.
4.3. The provider will send the user several invoices about the renewal of the service he has through an automated system to the email address for payment, each of which will be valid for 30 days from the moment of sending. The user must make the payment according to the last invoice he receives.
4.4. The provider will have the right to suspend the service if the User does not pay the invoice on time or if he has not completed the payment correctly or if the full amount of the pre-invoice has not been paid.
4.5. A change in the amount of the service/proforma invoice/service invoice can also occur during the term of the account (15 for a new or 30 for renewal) if there have been price changes or if there was a current promotion at the time the proforma invoice was created. The user is obliged to inform himself whether there has been a change in the amount of the additional account that he wants to pay immediately before payment.
4.6. If the provider terminates the service due to the violation of the contract by the user, the user cannot request a refund.
4.7. Service that has not been renewed will be disconnected immediately upon expiration. The provider will keep the web hosting services in a suspended status for another 30 days in case the user still wants to continue using the services. The provider does not guarantee that this will always be the case, the only guaranteed period is for the duration of the service until its expiration. After the end of the service, the Provider has no obligation to keep the files/services.
4.8. The domain reactivation service after expiration will be sent to the user at his request if he wants to reactivate the domain after its expiration.
- Service transfer
5.1. The user can transfer the service to another user by using the Client-Panel where, based on the entered email address to which he wants to transfer the service, that account will be automatically created and a verification email will be sent to the user to whom the service is transferred. If the user to whom the service is transferred accepts the service by clicking on the verification link, he becomes responsible for that service.
5.2. During the transfer, the person to whom it is transferred will have access to the email address that is making the transfer.
- Obligations of the Provider
6.1. The provider rents servers for the provision of web hosting and VPS servers from other companies, so it cannot be held responsible for any damage that happens to the servers and can only guarantee what the companies it rents servers from guarantee.
6.2. The provider uses software (cPanel, CloudLinux,LiteSpeed, Imunify360 etc.) for the administration and management of web hosting services and cannot guarantee the correctness of that software and cannot guarantee anything more than the authors of that software guarantee.
6.3. The provider performs domain registration services on behalf of the user using RNIDS and NameSilo and cannot guarantee anything more than they guarantee in their terms.
6.4. The provider will carefully and will try to ensure maximum functionality by investing in additional security, making regular updates and communicating with software authors so that the performance of the server is at the highest possible level.
6.5. In case of any problem with the server, the client can, within 15 days from the moment of the problem with the server, request a report on the annual level, how long the interruption was, and if the availability was less than guaranteed, then get a refund for the hosting service according to the table given below
(Uptime) Decrease
Above guaranteed availability 0%
Between 99% and 10% guaranteed availability 30%
Between 95% and 99% 50%
Below 95% 100%
6.6. The Provider will be solely responsible for the loss resulting from the negligence of the First Provider except in cases of willful negligence, the liability for damages will be limited to the direct loss of the total amount corresponding to the amount of compensation for the current subscription period. The provider shall not be liable for indirect loss such as loss of profit, loss of sales, loss of information or corruption of information due to hacking of the provider’s computer resources by unauthorized third parties.
6.7. The provider will store the user’s data (account payer and invoices) even after the service expires, other information will be automatically deleted when the service is deleted.
6.8. The provider performs regular backups on a remote server with the use of specialized software for creating backup accounts in a certain period of time. The provider cannot guarantee that the backup will work correctly nor can it guarantee the operation of the software or the server because it is not the author or owner of both. The user is solely responsible for creating and securing backup copies of their account to be safe in case of any loss or problem.
6.9. During the duration of the service, the Provider may terminate the provision of the Service if it decides that the service needs to be terminated, the Client will be notified in time in this case and will have enough time to perform the necessary actions before its termination. Termination of this type of service does not constitute a breach of contract.
6.10. The provider will protect all user information in accordance with the Data Protection Act.
6.11. The Provider has the right to check the User’s account in order to reduce the risk of security breaches and ensure the proper functioning of the service. Also, the Provider has the right to make changes to the account if it believes that it will improve or increase the security of the service.
6.12. The provider has the right to change the characteristics of the package (utilization of CPU, RAM, EP, IO) at any time without prior announcement and notification.
6.13. The provider cannot guarantee that the user will receive the e-mails he sends about the accounts or any notifications via e-mail, because he cannot influence the availability of the e-mail server and the reception of e-mails, therefore he cannot guarantee it.
- Obligations of the user
7.1. The User is responsible for all information provided to the Provider when ordering the service and is obliged to ensure that the data is accurate and to use services that do not violate the rights of third parties or any law that applies in Serbia as well as in other countries.
7.2. The user undertakes not to attempt in any way to access information and accounts of other users and to access systems that are not part of his account without authorization.
7.3. The user is obliged to perform regular control of the software he installs on his account in order to prevent any malicious software from spreading malicious software, sending spam or any other abuse of the service he uses. Any damage caused to the user himself or to a third party due to the content on the user’s account or by using the service personally, the user is responsible.
7.4. The user is obliged to inform himself about the expiration of the services and to take care of their renewal. The User is solely responsible if the payment is not verified within 48 hours (except for holidays and non-working days) to submit proof of payment to the Provider’s email address with a request to renew the paid service.
7.5. The user agrees to all obligations and terms of use of RNIDS, ICANN, NameSilo, Hetzner companies. The Provider will not bear any responsibility for any violation by the User of these obligations or terms of use. The provider is not obliged to translate the terms of use of these companies and the software used for the service, but the User can request the service of a paid translator in case the terms of use do not exist in his native language.
7.6.
The User is obliged to use the services as intended by the Provider. This actually means that certain packages have restrictions on software such as:
The starter package is intended exclusively for HTML/CSS sites.
Packages that have restrictions on the number of bases, one base can be used exclusively for one site.
7.7. The user undertakes to use hosting/server resources optimally and rationally. In the event that the CPU usage is high without endangering the operation of the server and other clients, then he will receive an email notification about the usage and that he must take action to correct his site and correct the irregularities or switch to another service that is more suitable for his requirements. The CPU limit cannot reach 100% more than 24 times in 24 hours. The average CPU usage must not exceed 50% in 24 hours. In case of huge CPU usage that endangers the operation of the server or other clients, the account will be suspended and the client will be informed about it.
7.8. In the case of malicious software, viruses, malware (or any other software), the user will receive an email that the site has an error and that he must react urgently and prevent further abuse.
7.9. The user undertakes to keep the communication with the support confidential and not to submit it to a third party for inspection in accordance with the confidentiality of the information. Any communication is considered a business secret between the User and the Provider.
7.10. The user is obliged to communicate with support with mutual respect.
7.11. The User undertakes to protect the reputation of the Provider.
7.12. The user undertakes not to use web hosting and mail server services to send marketing/email notifications/promotions and other types of mass e-mails. An email with the same content (more than 80% of the same content) sent to more than one email address is considered a violation of the terms of use.
- Change of contract
8.1. The provider has the right to amend and amend the general terms and conditions, which will come into force immediately after they are posted. The user has the right to disagree with the new terms by deleting/terminating the service from the client panel.
8.2. The provider will announce that there are changes on the site or in the terms of use.
- Payments and refunds
9.1. Refunds are not possible. The Provider allows all clients to use the web hosting service free of charge for 7 days in order to make sure of the quality of our services and their testing. Refunds for other services are not possible because the Provider is obligated to other companies to whom it makes payments for their use, therefore refunds are not possible.
9.2. Refunds for domain registration are not possible under any circumstances. Refunds for domains that belong to premium domains are not possible, the User is obliged to check whether the domain he wants to register is a Premium domain by contacting support.
9.3. As the Provider provides an information society service, it is not possible to file a complaint regarding the service provided.
- Other
10.1. All possible disputes can be resolved by agreement between the Provider and the User, if this is not the case, the competent court in Niš is in accordance with the law of the Republic of Serbia.
10.2. In the event that the User who ordered the service does not have access to his client area, he will be able to request a change from the Provider by submitting a photo of his ID card along with proof of the last payment via email, as well as a request to transfer the service to the desired email address.
10.3. User support will be provided via the LiveChat option, where the User is required to provide the support PIN located in the client area. Email support will be provided only if the client sends an inquiry from the email address with which he ordered the service.
- VAT statement
11.1. The displayed prices include VAT 20%.
- Conversion Statement – Izjava o konverziji
12.1. ENGLISH: All payments will be effected in Serbian currency – dinar (RSD). The amount your credit card account will be charged for is obtained through the conversion of the price in Euro into Serbian dinar according to the current exchange rate of the Serbian National Bank. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion there is a possibility of a slight difference from the original price stated in our web site.
SRPSKI: Sva plaćanja biće izvršena u lokalnoj valuti Republike Srbije – dinar (RSD). Za informativni prikaz cena u drugim valutama koristi se srednji kurs Narodne Banke Srbije. Iznos za koji će biti zadužena Vaša platna kartica biće izražen u Vašoj lokalnoj valuti kroz konverziju u istu po kursu koji koriste kartičarske organizacije, a koji nama u trenutku transakcije ne može biti poznat. Kao rezultat ove konverzije postoji mogućnost neznatne razlike od originalne cene navedene na našem sajtu. Hvala Vam na razumevanju.
