This condition ("agreement") regulates the relationship between the customer ("Customer") and Hostup AB, org. No. 559290-1325 ("HostUp"), Trademark number for HostUp 018764145 for the subscription service ("Service"), ("Service") that HostUp provides to the customer. These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of a company
1.1 In the service regarding web hosting and VPS, the customer rents resources on one of HostUp's servers.
1.2 HostUp tries to provide backup copies of the files the customer uploads. HostUp cannot be held responsible if data ("files") are lost on your hosting or VPS. It is up to the customer 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, for example excessive use of our systems, use of the Service for illegal activities or violation of our AUP. HostUp will warn the Customer in good time before the suspension, if this is possible or if nothing else is written in the AUP.
1.4 If the customer is in violation of our AUP, and it is deemed that such actions were made with intent, such as knowingly running Crypto/Blockchain activities including but not limited to Mining or Staking then Customer is prohibited from ever buying HostUp services again.
1.5 HostUp tries its best to maintain good uptime ("that your service is available"), but cannot be held responsible if losses are caused due to your service being unavailable. HostUp tries to be transparent in this and therefore provides a page where the customer can see the history of the operational errors that we have had. Operational disturbances. Previous data is not a guarantee for future expectations.
1.6 HostUp has the right to deny the customer an order if it is suspected that it is not in HostUp's best interest.
2.1 The service runs indefinitely according to the period chosen by the customer in connection with the 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 does not apply when the registration service has been performed for domain names and extensions that we have agreed on. It could, for example, be optimization of your website which entails a large cost for us.
2.3 HostUp has the right to suspend the customer's services if the customer does not pay on time. The customer has the right to cancel the subscription at any time.
2.4 If HostUp terminates the customer due to breach of contract, the service will not be refunded.
3.1 HostUp gives the customer the opportunity to register domain names. In the event that HostUp cannot register your domain name with the registrar, a third party is used.
3.2 If the customer has automatic domain name renewal on, HostUp will send out an invoice 30 days before the due date. If the customer does not pay the renewal invoice, HostUp will not renew the customer's domain. The customer can manually renew the domain at any time via the HostUp customer portal.
3.3 If the Customer transfers a .se or .nu domain name to HostUp, these are not extended. In cases where the transfer incurs a cost, the domain name is extended by 1 year.
4.1 The customer is obliged to pay all invoices, otherwise the service may be closed. Payment for the service takes place 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 out reminders of 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 at the due date depending on what the customer chooses. Once the service is removed, it cannot be restored.
4.3 In the case of card payment as well as Apple and Google Pay, the customer agrees to HostUp charging the customer on a recurring basis without HostUp requiring the customer's approval for each recurring payment, until you cancel the current order. We reserve the right to correct any errors or pricing errors, even if we have already requested or received payment.
4.4 VAT at the VAT rate of 25% will be added to the price. All prices are written exclusive of VAT. We may change the recurring price amounts of our Services at any time. If the customer has already received an invoice, the customer 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 through 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, so that we can provide the domain registrar with current contact information and charge and contact you as 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 and conditions are governed by and interpreted according to Swedish legislation. If your habitual residence is in the EU, and you are a consumer, you have the protection provided by mandatory provisions of the law of your country of residence. Hostup AB and the customer both agree to submit to Swedish court, which means that you can claim to defend your consumer protection rights with respect to these terms of use in Sweden or in the EU country in which you live.
6.2 To expedite the resolution and avoid unnecessary costs 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 set forth below) informally for at least thirty (30) days prior to the commencement of arbitration. Such informal negotiations are initiated 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 extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority to arbitrate any dispute on a class-action basis or to use class-action proceedings; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity for the public or other persons.
The parties agree that the following disputes are not subject to the above provisions on informal negotiations binding arbitration: (a) Disputes seeking to enforce or protect or the validity of either party's intellectual property rights (b) Disputes related to or arising out of of, 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 choose to arbitrate any dispute falling within the portion of this provision held to be illegal or unenforceable and such dispute shall be resolved by a court of competent jurisdiction within the courts that set forth above, and the parties agree to submit to the personal jurisdiction of the court.
There may be information on the website that contains typographical errors, inaccuracies or omissions that may relate to the ability to translate by Google, including descriptions, prices, 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 notice.
You agree to defend and hold harmless HostUp, including and all of our respective officers and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees and expenses incurred by any third party due to or arising from: (1) use of our Services; (2) violation of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of third party rights, including but not limited to intellectual property rights; or (5) any apparent malicious act against any other user of the Site with whom you have connected through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us, and you agree to cooperate, at your expense, in our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding that is subject to this indemnity when we become aware of it.
We will retain certain information that you transmit to the Website for the purpose of managing the performance of the Website, as well as information relating to your use of the Website. Although we perform regular data backups, you are solely responsible for any information that you transmit or that relates to any activity you have conducted using the Site. You agree that we shall have no liability to you for any loss or corruption of such information, and you hereby waive any right of action against us arising out of such loss or corruption of such information.
Visiting the website, sending emails and filling out online forms constitute electronic communications. You consent to receiving electronic communications and agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site, comply with all legal requirements that such communications be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any right or claim under any laws, ordinances, rules, regulations or other laws of any jurisdiction that require an original signature or the delivery or storage of non-electronic records, or to payments or the granting of credit by means other than electronic means.
These Terms of Use and any policies or operating rules published by us on the Site or with respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We shall not be liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be illegal, invalid or unenforceable, that provision or part of the provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment or agency relationship is created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us because of their wording. You hereby waive any defenses you may have based on the electronic form of these Terms of Use and the failure of the parties to execute these Terms of Use.
To resolve a complaint regarding the service or obtain further information about the use of the service, please contact us at: info[AT]hostup.se
Last Updated: 01/09/2024
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