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Terms of Service

Last updated: October 1st, 2024

ZakaTech LLC. ("Zappy Hosting") agrees to furnish services to the Subscriber, subject to the following ("Terms of Service"). ZakaTech LLC (the "Company"), a limited liability company organized and Zappy Hosting (the "DBA"), the name under which the Company conducts its business, here after referred to as, ("Zappy Hosting"), ("Us"), ("We") and The Client, ("Customer"), ("Client") and ("You").

By accepting our Terms of Service, you also agree to the following:

  • Privacy Policy
  • Acceptable Use Policy
  • Service Level Agreement

Refunds and Disputes

All hosting service orders placed by newly registered Clients are eligible for a refund within seventy-two (72) hours of the server's creation in our database. This eligibility period is determined by the time at which the server is provisioned in our system and may not correspond to the exact time of the initial payment. All refunds will be processed through the payment gateway used for the original transaction. Other services, including but not limited to, product add-ons and domain purchases, are not eligible for a refund. Refund requests must be accompanied by a valid reason; additionally, non-monthly term purchases are strictly non-refundable. The 72-hour money-back guarantee is applicable only to the first order placed by a new Client. To request a refund, the Client must submit a refund request via the support ticket system, providing a detailed explanation for the request. Refunds will only be issued if the Client meets the eligibility criteria, and the request is approved by a Zappy Hosting team member. Refunds will not be processed automatically. Refunds issued due to billing errors will be evaluated on a case-by-case basis.

Cancellations

To terminate your services you must cancel via our WHMCS billing area at https://zappyhosting.com/billing using the cancellation request form. A cancellation request must be submitted when a client wishes to no longer proceed with their service. Accounts with a credit card on file will automatically attempt to renew until cancelled. Unless specified per special arrangement, we do not hold our clients accountable to any contracts. Our customers can cancel at any time.

Exploitation

Clients are strictly prohibited from exploiting or manipulating services to alter settings or features beyond the parameters permitted under their rental agreement. For example, a Client shall not modify the slot count or any other configuration to exceed the limits specified in their rental agreement with Zappy Hosting.

Liability Limitation and Exclusion

Under no circumstances shall Zappy Hosting be held liable for any data loss, information disruption, unauthorized access to server systems, or any other form of data compromise. Zappy Hosting shall not be responsible for any service disruption, delay, or disconnection, regardless of the duration or cause. Furthermore, Zappy Hosting reserves the right to terminate a Client’s services in the event of a payment dispute, irrespective of the final resolution of such dispute.

Support

All support requests related to products offered by Zappy Hosting must be submitted through the designated ticket system within the billing portal. Any other form of communication outside of the established ticketing system is not guaranteed to receive a response or resolution from an official representative of Zappy Hosting.

Promotions

Zappy Hosting makes no guarantee that all promotional codes will be valid or functional at all times.

Legal Contact

Zappy Hosting reserves the right to consult with and involve any relevant authorities in the event of an issue arising from a violation of this policy or any other illegal activity necessitating the involvement of law enforcement agencies. Zappy Hosting treats all communications between parties as confidential; any unauthorized distribution of such communications, unless prior consent has been obtained, may result in legal action to the fullest extent permitted by law. By purchasing a server from Zappy Hosting, the Client grants Zappy Hosting permission to modify the server, which may include, but is not limited to, changing settings, uploading modifications, and performing other tasks necessary for the operation of the server. Any verbal or written threats to compromise our server systems or any other equipment owned by Zappy Hosting will be taken seriously and may lead to further investigation and potential legal action. Upon cancellation or non-payment, the Client’s server will be suspended unless prior arrangements have been made. While Zappy Hosting will endeavor to retain files for as long as possible following termination or suspension, the exact duration of file retention is not guaranteed. Zappy Hosting retains the exclusive right to stop, start, and modify the Client’s server at any time, at its sole discretion.

Unlimited Policy

While Zappy Hosting offers unlimited bandwidth and storage to its Clients, Zappy Hosting reserves the right to request the removal of excessive files, such as large log files or any other content deemed excessive at Zappy Hosting’s sole discretion. Zappy Hosting does not provide support for the use of any custom jar files or other files uploaded by the Client. Any uploaded files that cause server lag, instability, or render the server unplayable are the sole responsibility of the Client, and Zappy Hosting shall not be held liable for any resulting performance issues.

Unfair Usage: If it is determined that a Client’s server is utilizing any method or system to bypass the limitations set on the server, including but not limited to slot count or allocated RAM, Zappy Hosting reserves the right to terminate the server without notice and without refund.

Termination

Zappy Hosting reserves the right to terminate any server or service upon violation of these terms or for any other reason deemed necessary at its sole discretion. Services suspended due to non-payment will be terminated seven (7) days after the renewal invoice becomes due. Zappy Hosting does not terminate services without just cause.

Sales Taxes

The Client acknowledges that Zappy Hosting is required to collect sales tax on all applicable services provided within the state of New York. The Client agrees to pay any applicable sales tax, use tax, or similar tax that may be imposed by any governmental authority in relation to the services provided by Zappy Hosting. Zappy Hosting will include any such taxes as a separate line item on the invoice, where applicable. The Client is responsible for any taxes that may apply in their jurisdiction if they reside outside New York.

Affiliate Commissions

Zappy Hosting offers an affiliate program that provides participants with the opportunity to earn a recurring commission of twelve percent (20%) on eligible referrals. This commission is contingent upon the referred signups being legitimate, new sales leads. The determination of whether referred signups are deemed genuine shall be made solely at the discretion of Zappy Hosting. For clarification, examples of ineligible referrals include, but are not limited to, affiliate traffic originating from coupon directories where customers visit solely for the purpose of redeeming a coupon at the time of order placement, particularly if such orders have already been initiated.