This agreement ("Agreement") governs the relationship between you ("Customer") and Hostup AB, org. No. 559290-1325 ("HostUp"), trademark No. 018764145 regarding the subscription service ("Service") provided by HostUp. These terms of use constitute a legally binding agreement between you, either as an individual or as a representative of a company.
1.1 Within the scope of the Service, the Customer rents resources on one of HostUp's servers, applicable to both web hosting and VPS.
1.2 HostUp strives to provide backups of the files uploaded by the Customer. However, HostUp cannot be held responsible for any loss of data ("files") on your web hosting or VPS. It is the Customer's responsibility to ensure that a copy of important information is available.
1.3 HostUp reserves the right to suspend the Customer if there are valid reasons, such as excessive use of our systems, use of the Service for illegal activities, or violations of our AUP. HostUp will warn the Customer in advance before suspension, if possible or unless otherwise stated in the AUP.
1.4 If the customer violates our AUP, and it is deemed that such actions were intentional, such as knowingly engaging in Crypto/Blockchain activities including but not limited to Mining or Staking, the Customer is prohibited from ever purchasing HostUp services again.
1.5 HostUp strives to maintain good availability ("that your service is available"), but cannot be held responsible for any losses caused by your service being unavailable. HostUp aims for transparency in these matters and therefore provides a page where Customers can view the history of our disruptions. Disruptions. However, past performance data is not a guarantee of future performance.
Please note that the disruptions page primarily monitors a test site (e.g., a WordPress website) to provide an overview of the general availability of our services, such as the web server and MySQL. It is important to note that even if this overview shows that our systems are functioning, individual customers may experience issues due to specific configurations or software problems related to their own websites.
1.6 HostUp reserves the right to reject an order from the Customer if it is suspected not to be in HostUp's interest.
1.7 HostUp is not responsible for indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, economic loss, psychological stress, or business interruption, even if HostUp has been informed of the possibility of such damages. HostUp's liability, regardless of other provisions in the Agreement, for all claims arising out of or in connection with the Service, particularly with regard to direct damages, liability, losses, or costs, shall not exceed the fees paid by the Customer to HostUp during the twelve (12) months preceding the event giving rise to the claim. This limitation of liability applies whether the customer is an individual or a company.
1.8 The Customer agrees that HostUp cannot be held responsible for any stress, economic loss, or other damage that may arise as a result of or in connection with the Service's faults, interruptions, or malfunctions. The Customer understands that such situations may occur and agrees that the responsibility for such incidents lies entirely with the Customer.
2.1 The Service is valid indefinitely, according to the period chosen by the Customer at the time of order. The Customer has the right to change the contract period from monthly to yearly, and vice versa.
2.2 The Customer has the right to cancel the agreement within 45 days from the date the service was ordered. However, this right does not apply to an already completed domain name registration service.
2.3 HostUp reserves the right to suspend the Customer's services if payment is not received on time.
2.4 The agreement terminates only when a termination request has been submitted. This can be done either in writing by contacting customer service or via our customer portal. If no termination has been received before the service expires, the invoice for the next billing period must be paid.
2.5 If HostUp terminates the agreement due to the Customer's breach, the cost of the Service will not be refunded.
3.1 HostUp offers the Customer the opportunity to register domain names. If HostUp cannot register your domain name directly as a registrar, this may be done through a third party.
3.2 With automatic renewal of domain names enabled, HostUp sends out an invoice 30 days before the due date. If the renewal invoice is not paid, HostUp will not renew the Customer's domain. The Customer can manually renew the domain at any time via HostUp's customer portal.
3.3 If the Customer transfers .se or .nu domain names to HostUp, these are not extended, hence free of charge. If the transfer incurs a cost, the domain name will be extended by 1 year.
4.1 The Customer is obliged to pay all invoices, otherwise, the Service risks being shut down. Payment for the Service can be made by choosing (1) Invoice, (2) Card payment, (3) Apple/Google Pay, (4) Swish at the time of payment.
4.2 HostUp is not obliged to provide the same payment method as when the Customer originally purchased the Service or to send reminders for overdue invoices. If payment is not received 10 days after the due date, HostUp reserves the right to delete the Service, without the possibility of data recovery. If the customer chooses to cancel the service, it will be removed either immediately or on the due date depending on the customer's choice. Once the service is removed, it cannot be restored.
4.3 When paying by card, as well as via Apple and Google Pay, the Customer agrees that HostUp charges the Customer's account regularly, without each individual payment needing to be approved by the Customer, until the order is terminated. We reserve the right to correct any errors or incorrect prices, even if we have already requested or received payment.
4.4 VAT at a rate of 25% is added to the price. All prices are therefore stated excluding VAT. We may change the recurring price amounts for our services at any time. If the Customer has already received an invoice, it is not affected by the price change. Invoices are sent out 30 days in advance for web hosting and domain names and 14 days in advance for VPS. All payments must be made in SEK.
4.5 The Customer agrees to provide current, complete, and accurate purchase and contact information for all purchases made via the website. The Customer further agrees to update contact and payment information, including email address, payment method, and payment card expiration date, within a reasonable time. This is so that we can provide the domain registrar with current contact information and charge and contact you if necessary.
5.1 We care about data privacy and security. Read our privacy policy: https://hostup.se/integritetetspolicy. By using the Site or Service, you agree to be bound by our Privacy Policy. Please note that the website and services are offered in Sweden. If you visit the website, or purchase services from any other region of the world with laws or other requirements that regulate the collection, use or disclosure of personal data that differ from the applicable legislation in Sweden, then by your continued use of the website you transfer your data to Sweden , and you expressly consent to your data being transferred to and processed in Sweden.
5.2 If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name or the name of any third party, even if you may be acting on their behalf third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive relief.
6.1 These terms are governed by and interpreted in accordance with Swedish law. If your habitual residence is in the EU, and you are a consumer, you have the protection provided by the mandatory provisions of the law in your country of residence. Both Hostup AB and the customer agree to submit to the jurisdiction of Swedish courts, which means you can claim to defend your consumer protection rights regarding these terms of use in Sweden or in the EU country where you reside.
6.2 To expedite resolution and control the cost of any disputes, controversies, or claims related to these terms of use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
6.3 The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) Disputes seeking to enforce or protect, or concerning the validity of, any of a Party's intellectual property rights; (b) Disputes related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to the possibility of Google translating, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time without prior notice.
You agree to defend and hold HostUp harmless, including all our respective officers and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of our services; (2) breach of these terms of use; (3) any breach of your representations and warranties set forth in these terms of use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the website with whom you connected via the website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the website for the purpose of managing the performance of the website, as well as data relating to your use of the website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
HostUp is not liable for loss, damage, delay, or failure to act caused by events beyond HostUp's reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, governmental actions, internet disruptions, hardware failures, cyberattacks, or other force majeure events. HostUp is also not liable for problems, deficiencies, or interruptions caused by services and features from third parties, such as cPanel or other third-party services provided by HostUp.
The Service is provided on an "as is" and "as available" basis. HostUp disclaims all warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, or that the Service will meet your requirements or expectations. HostUp does not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
These terms of use constitute the entire agreement and understanding between you and HostUp, and supersede all prior and contemporaneous written or oral agreements, representations, warranties, and understandings regarding the subject matter of these terms of use.
If any provision of this agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from this agreement and the remaining provisions of this agreement will remain in full force and effect. The parties shall negotiate in good faith to replace the invalid or unenforceable provision with a new provision that achieves the same economic, business, and commercial objectives as the invalid or unenforceable provision.
To resolve a complaint regarding the service or to receive further information regarding the use of the service, please contact us at: info[at]hostup.se
Last updated: 25/09/2024
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