14 september 2020
This page (together with the documents referred to in it) tells you information about the legal terms and conditions ("Terms") on which we supply any services ("Services") listed on our website ("our site") to you. We amend these Terms from time to time as set out in clause 5. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time.
1.1 We are Hostinkos, a company registered in Kosovo under company number 811386053 and with our registered office at Str. 28 Nëntori n.n, Dardani, 10 000 Pristina, Republic of Kosovo. We operate the website www.hostinkos.com.
1.2 To contact us, please see our Contact page.
3.1 These Terms and any document expressly referred to in them constitute the entire agreement between you and us (the “Contract”). You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
3.2 Where you are a consumer, you have legal rights in relation to Services that are not as described.
4.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.3.
4.3 We will confirm our acceptance to you by sending you an e-mail ("Order Confirmation"). The Contract between us will only be formed when we send you the Order Confirmation.
4.4 If we are unable to supply you with the Services ordered, for example because of an error in the price on our site as referred to in clause 9.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Services, we will refund you the full amount as soon as possible.
5.1 We may revise these Terms from time to time, including but not limited to the following circumstances:
5.1.1 changes in how we accept payment from you; and
5.1.2 changes in relevant laws and regulatory requirements.
5.2 Every time you order Services from us, the Terms in force at that time will apply to the Contract between you and us.
6.1 We will supply the Services to you from the date set out in the Order Confirmation until the completion date set out in the Order Confirmation. Where no completion date is specified, we will supply the Services until the Contract is terminated in accordance with the Terms.
6.2 Where the Order Confirmation sets out any milestones for the provision of Services, we will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 13 for our responsibilities when an Event Outside Our Control happens.
6.3 We will need certain information from you that is necessary for us to provide the Services, for example, name, address, contact details. We will contact you about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the Services under this clause 6.3, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices we have already sent you.
6.4 You are responsible for obtaining:
6.4.1 suitable licences of third party software; and
6.4.2 any third party cooperation and consents,
which are required for the full use of the Services. We will not be liable for any delay or non-performance where you have not provided such licences and consents to us after we have asked.
6.5 We may have to suspend the Services if we have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. This does not affect your obligation to pay for any invoices we have already sent you.
6.6 If you do not pay us for the Services by the due date for payment, as set out in clause 10, we may suspend the Services one day after the due date until you have paid us the outstanding amounts. We will contact you by email to tell you this. This does not affect our right to charge you interest under clause 10.3.
6.7 Suspended Services for non-payment or charge-back will be subject to their data being destroyed three days from the suspension/charge-back date.
6.8 Implementation and Transition
6.8.1 We will make available the Services on or before the start date specified in the Order Confirmation.
6.8.2 You are responsible for any misuse of your account therefore; you must take steps to ensure that others do not gain unauthorized access to your account since you will be responsible for the consequences.
6.8.3 At your request, we will use reasonable endeavours to:
(a) assist with the transfer of your website from your own development server; or
(b) assist with the transition of any of your website(s) from any third party host
6.9 Web (Shared) Hosting dhe Reseller Hosting
6.9.1 Where the Services we provide to you include web (shared) hosting, we will make available to you:
(a) hosting capacity on a shared server meeting the specification set out on the site;
(b) the ability to access, update or amend any websites, web applications, software, information, data, databases and other works and materials stored, transmitted, published or processed using the Services (the "Hosted Materials") by FTP or similar means.
6.9.2 You warrant that any material that you display on the respective sites do not and will not infringe any applicable laws, regulations or display material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third party Intellectual Property Rights ("Inappropriate Content").
6.9.3 For the avoidance of doubt, we will have administration rights in relation to any shared server, and we may refuse any request to change the configuration of a shared server at our sole discretion.
6.9.4 With our Reseller Hosting accounts you can resell our web hosting and manage multiple websites with our fully white label plan. Please note that we will not support your customers directly. If your customers do contact us for support issues we will redirect them to you.
6.9.5 You may use your hosting services only for lawful purposes. You may not use your services:
(a) in any way that breaches any applicable local, national or international law or regulation, including copyright or other intellectual property law.
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) for the purpose of harming or attempting to harm minors in any way.
(d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(e) to transmit knowingly any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
6.9.6 "Business Plus" plan is intended to be used to host up to three websites under your direct ownership - it is not a reseller plan.
6.9.7We reserve the right to withdraw support or suspend the service where "Business Plus" plan is:
(a) used to effectively resell our hosting services to multiple customers (whether you charge them or not);
(b) used as bulk media sharing sites;
(c) used as backup storage facilities;
6.10 Virtual Private Server "VPS" and Dedicated Server
6.10.1 Where the Services we provide to you include a dedicated server, we will make available a dedicated server meeting the specification set out on our site, and will grant to you administration rights with respect to that server except where the service is managed, in which case we may refuse any request to change the configuration of the dedicated server at our sole discretion.
6.10.2 For unmanaged dedicated servers you acknowledge that we will not provide support in connection with the administration of such dedicated server, and you warrant that you have all necessary expertise to configure, manage and keep the dedicated server secure at all times.
6.10.3 You will not configure, or allow any other person to configure, a dedicated server in any in any unverified manner.
6.10.4 We may from time to time require that you apply software and/or hardware upgrades to the dedicated server.
6.10.5 For the avoidance of doubt, dedicated servers made available under this Contract will remain our property at all times.
6.11 Email services
6.11.1 Where the Services we provide to you include email transmission, storage and/or management services:
(a) we will provide POP3/IMAP/SMTP and webmail email services to you in accordance with the respective Services description.
(b) all shared hosting mailboxes will be protected by our anti-spam.
(c) if you or a mailbox dedicated to you exceeds the relevant storage limit, we may delete stored emails to bring you or the mailbox dedicated to you within the storage limit.
6.12 Domain name registration
6.12.1 Where the Services we provide to you include domain name registration, we will attempt to register domain names that you order using the interface on our site but we do not warrant that we will be able to do so.
6.12.2 You warrant that:
(a) the information submitted for the purposes of a domain name registration is current, accurate and complete,
(b) you have the legal right to apply for and use the domain name, and
(c) your use of the domain name will not infringe any person's Intellectual Property Rights or other legal rights; and
(d) you will keep the information required for the purposes of a domain name registration up-to-date.
6.12.3 You acknowledge and accept that certain information submitted for the purposes of a domain name registration will be published on the internet via "WHOIS" services.
6.12.4 We may, in our sole discretion, reject any request to register a particular domain name.
6.12.5 We do not offer any advice in relation to any actual or potential domain name dispute, and will have no liability in respect of the suspension or loss of a domain name by you.
6.12.6 Domain name registrations will be subject to periodic renewal fees and transfer fees as stated on our site from time to time. We have no responsibility for your use or retention of a domain name once registered, and it will be your responsibility to ensure that domain names are renewed and that applicable renewal charges are paid.
6.12.7 You acknowledge that domain names will be subject to the rules and policies from time to time of the relevant registry or registration authority, and you agree to abide by all such rules and policies.
6.12.8 You agree to the terms of the applicable domain name registration agreement (as amended from time to time): www.icann.org.
6.13 SSL certificates
6.13.1 Where the Services we provide to you include SSL certificate we will attempt to obtain an SSL that you order using the interface on our site.
6.13.2 You warrant that:
(a) the information submitted for the purposes of an SSL certificate is current, accurate and complete; and
(b) you will keep the information required for the purposes of an SSL certificate up-to-date (which changes may be subject to additional payments as set out on our site).
6.13.3 You agree to the terms of the applicable SSL subscription agreement (as amended from time to time): www.geotrust.com, www.comodo.com, www.rapidssl.com and www.cpanel.net.
6.13.4 We do not allow clients to install third party SSL certificates. Please note that this is because of the staff resource required to install and renew them.
6.14.1 The Company will use reasonable endeavours to respond to requests for support in accordance with our support Services.
6.14.2 For "Business Plus" web hosting services and managed dedicated servers, we will use reasonable endeavours to ensure that a member of our support staff can be reached by telephone at all times in the case of an emergency.
6.14.3 We will make every reasonable effort to protect and backup data for you on a regular basis, however we do not guarantee the existence, accuracy, or regularity of its backup services and, therefore, you are responsible for making back-up files in connection with its use of the Services.
6.14.4 We will take no responsibility for your data integrity, your customers or end-users suffer regardless of circumstance. We strongly recommends keeping up to date and off-network backups to protect against data loss.
7.1 For the purpose of this Contract, "Intellectual Property Rights" shall mean all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, whether registered or unregistered and including all applications for and renewals or extensions of such rights.
7.2 You retain all Intellectual Property Rights in the software and materials that you provide to us and you grant us a licence to such Intellectual Property Rights to the extent required for us to perform our obligations pursuant to this Contract.
7.3 All Intellectual Property Rights in any works arising in connection with the performance of the Services by us (the "Works") shall be our property, and we hereby grant to you a non-exclusive licence to such Intellectual Property Rights for the sole purpose of receiving the benefit of the Services.
8.1 In the unlikely event that there is any defect with the Services:
8.1.1 please contact us through the Live Chat or via email and tell us as soon as reasonably possible (including details of your name, the respective domain name and server);
8.1.2 please give us a reasonable opportunity to repair or fix any defect; and
8.1.3 we will use every effort to repair or fix the defect as soon as reasonably practicable and, in any event, within 1 working day.
You will not have to pay for us to repair or fix a defect with the Services under this clause 8.1.
8.2 If you are a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Nothing in these Terms will affect these legal rights.
9.1 The prices of for the Services will be as quoted on our site from time to time.
9.2 Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
9.3 The price of the Services include VAT (where applicable) at the applicable current rate chargeable in the Republic of Kosovo for the time being.
9.4 Our site contains a number of Services. It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of the Services you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.
9.5 We agrees to provide a refund of payment to the client if:
9.5.1 you are within the 14 days money back Guarantee period.
9.5.2 you did not breach any of these Terms;
9.5.3 if you previously created an account with Hostinkos, subsequently canceled and signed up again, unfortunately you are ineligible for a refund. The same scenario applies to those who have already opened a second Hostinkos account.
9.5.4 you agree to direct all cancellation requests to Hostinkos via support ticket from your Hostinkos Client Area; and
9.5.5 the cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by us. The money-back guarantee has a few exclusions. Please note that payments in respect of domain name registrations, domain name renewals, SSL certificate Services, dedicated IP address, VPS server or dedicated server, setup fees, upgrade fees, promotional offers, administrative fees, purchases, custom software install fees, web design fees, SEO fees, and other miscellaneous or expert fees (as more particularly set out at clause 6.12) are non-refundable.
9.5.6 If your purchased Web Hosting service includes a free domain name, the list price for the domain name will be deducted from the refund amount. Please note that if a domain name was included in your hosting, we will continue to provide full DNS services and functionality for the registration period or transfer the domain if requested.
10.1 You can only pay for the Services using a debit or credit card, PayPal or Bank Transfer. We accept the following cards: Visa, and MasterCard.
10.2 Payment for the Services is in advance and may be made (i) monthly or (ii) annually, as specified in the Order Confirmation. We will not charge your debit card or credit card until we send you an Order Confirmation.
10.3 If you fail to make any payment due to us under this Contract by the due date then, without limiting our remedies under clause 11, you shall pay a fixed late fee on the overdue amount at whichever is the greater of 3% or 5EUR. You shall pay the penalty charge interest together with the overdue amount.
10.4 Adding your card to file authorises us to auto bill you on your due date. You can manage this via your client area.
10.5 We use 2Checkout to process card payments. When you use our card payment system you confirm that you are permitting us to initiate a payment or series of payments on your behalf. You confirm that we may either take payments as a one-off or on a recurring basis as indicated on our payment page. You confirm that the payment amount will be determined by reference to our charges at the time as described on your invoice.
11.1 Either party (the "Non-defaulting Party") shall be able to terminate this Contract immediately in the event that the other:
11.1.1 commits a material breach of any of its obligations under this Contract and has not remedied such breach (if capable of remedy) within 30 days of request from the Non-defaulting Party for remedy by serving written notice; or
11.1.2 is subject to any winding up order or resolution, has any provisional liquidator appointed to it, has a receiver appointed or is the subject of an application made to court for an administration order or if a notice of intention to appoint an administrator is filed or an administration order made in respect of it.
11.2 Without prejudice to any rights that have accrued under a Contract or any of its rights or remedies, either party may terminate a Contract on giving not less than 30 days written notice to the other party. Notwithstanding the foregoing, if you have agreed and paid for Services on an annual payment basis, we shall not be obliged to refund any pro rated payments if you cancel during the annual term.
11.3 Suspension of your services will occur automatically in the following cases:
11.3.1 payment is overdue. We accept no liability should our inability to take a payment cause an account to become overdue. Please ensure you receive a payment confirmation on the expected date.
11.3.2 malware or other suspect content has been discovered in your shared hosting account.
11.3.3 spam or fraud/phishing email has been sent from your hosting services.
11.3.4 abusive behaviour is directed at our staff.
11.4.1 issue of a warning to you.
11.4.2 immediate, temporary or permanent withdrawal of your right to use our services.
11.4.3 immediate, temporary or permanent removal of any material from our services.
11.4.4 legal proceedings against you which may include, but not be limited to, recovery of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
11.5 We exclude liability for actions taken in response to breaches of this clause 11.
11.6 The responses described in this clause 11 are not limited, and we may take any other action we reasonably deem appropriate.
12.1 Other than as set out in these Terms, neither party shall have any further obligation to the other under a Contract after its termination.
12.2 Any provision of these Terms which expressly or by implication is intended to come into or continue in force on or after termination of a Contract shall remain in full force and effect.
12.3 Termination of a Contract, for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.
12.4 If a Contract is terminated pursuant to clause 11.2 or by you pursuant to clause 11.1:
12.4.1 we will promptly provide to you an electronic copy of the Hosted Materials; and
12.4.2 we will provide such assistance as is reasonably requested by you to transfer the hosting of the Hosted Materials to you or another service provider, subject to payment of our reasonable expenses.
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
13.3.1 we will contact you as soon as reasonably possible to notify you; and
13.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
14.1 When we refer, in these Terms, to "in writing", this will include e-mail.
14.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email at email@example.com. We will confirm receipt of this by contacting you in writing by e-mail.
14.3 If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your order.
16.1 This Contract constitutes the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.
16.2 Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this Contract. Neither you nor we shall have any claim for innocent or negligent misrepresentation based upon any statement in this Contract.
16.3 You may not assign or transfer any of your rights or obligations under this Contract, in whole or in part, without our prior written consent.
16.4 If any court or competent authority finds that any provision of this Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Contract shall not be affected.
16.5 If any invalid, unenforceable or illegal provision of this Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
16.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
16.7 These Terms and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of Republic of Kosovo.
16.8 The parties irrevocably agree that the courts of Republic of Kosovo have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
Please note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in it.
If you have any questions or complaints about these Terms or our Services, please contact us.
If there is any information you can't find on our web site or that we have not included here please ask by either calling +38344114409 or by clicking on the live chat icon at the side of the page. Use our contact form or email firstname.lastname@example.org.Contact Form