Terms of Service (ToS)

Agreement
By entering into business with TechVita you agree to all the terms and
conditions provided on this page. Any user of our services, whether paid or gratis, are governed by this Agreement.

Definitions
TechVita or TechVita + Mario – The websites, development and communication services provided by TechVita Ltd.

Agreement
Terms of Service or (ToS), Acceptable Use, Server Hosting & Privacy Policy of TechVita (this here document)

Customer
Any guest or user of our services, including paid clients hosted here, or users of any website we host. This includes anyone who has data that is stored on servers TechVita has access to, including email, web, or databases

Terms and Updates
The terms and conditions in this Agreement will change as Internet technology develops and Internet standards change, and you agree to any such changes in the future. If you do not agree with a change in our ToS/AuP you may request a pro-rated refund if the request is received within 30 days of the change of the ToS/AuP. Date of any changes to this Agreement will be recorded on our website here.

Prohibited Content and Actions
All services provided by TechVita may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United Kingdom law is strictly prohibited. This includes, but is not limited to:
copyrighted material, material we judge to be threatening or obscene, or material
protected by trade secret and other legal statutes. TechVita will NOT take legal action lightly. However it should be known we’ve also never released any private client data to any legal authority, etc. with or without a warrant or subpoena, ever and intend to keep it that way – so host nicely!
TechVita prohibits any sites that promote any illegal activity or present content that may be damaging to TechVita or any other server on the Internet. Links to such materials are also prohibited.

Examples of prohibited content/links:

  • Pirated software
  • Hacker programs or archives
  • Sites containing warez
  • Sites illegally distributing copyrighted material
  • Any content illegal in the United Kingdom

Examples of prohibited actions:

  • Storage of non-web data on unlimited plans
  • Misuse of server resources by running any cron jobs or scripts which are not optimized for your specific plan
  • Failure to honour industry-standard security protocols or installing 3rd party modules, extensions, scripts, programs or any applications that contain malware, bots, ransom-ware, viruses, etc.
  • Providing any streaming services, including video, podcasts, games, chat, security feeds or associated streams if they noticeably affect server performance
  • Storage of any files on behalf of third parties not directly related to website

Hosting usage
Our Business Elite services provide unlimited services for regular web users. You know, a hobbyist, non-profit team or a regular small or medium business with less than 20 employees or contractors. If your business is larger, then it will use more resources, and you are required to use a VPS in which case you will need to submit a support ticket here

Backups
TechVita provides File, Database & Email backups for all active and entitled accounts on our shared servers. As of September 2020 these are Go Business, Business Charger & Elite plans. If this changes, an announcement will be made and AuP ammended to reflect this update. Backups are typically performed daily at around 01:00-02:00am GMT London UK Times, or more frequently, and are stored offsite with the last 14 days on retention.
Clients may verify all backup status and restore backups using JetBackup via their cPanel account.

Technical Support Responsibilities
TechVita does not provide free development or programming nor a free website and site-content maintenance for clients. Customers who do not have a webmaster should make an enquiry about TechVita Website Management Services here

Rule of thumb for shared hosting
If the client can perform the function using CPanel/FTP access then the client MUST perform the function using Cpanel/FTP access.
Alternatively, if the client cannot or will not perform the function using CPanel/FTP then TechVita will offer them options:

(1) if it is an issue with the server, then we will fix this for free. Note that 99% of the time a PHP related issue or error with a website is not a server issue.
(2) if it is an issue that TechVita could fix using CPanel/FTP we may charge the
client for the work or give them appropriate knowledge base articles to do so themselves, if available.

TechVita does not perform any hourly work on a client account without express
confirmation and authorized payment from the customer.

Suspension, cancellation and termination

TechVita strives to keep our Customer’s accounts and servers online 100% of the time. However, if necessary we will suspend, cancel or terminate Customer accounts. Levels of activity are defined as follows;

Suspension – Temporary limiting an account, email or website
Cancellation – Stops billing and services for some or all products/services of an account
Termination – Deletion and removal of all data, including client data

Suspensions
A suspension is a temporary disruption of a Customer’s services, where we expect the services to be reactivated.

We may suspend a customer account at any time for any reason below:

  • The site or service is flagged for spam
  • The site or service is flagged for misuse
  • The site or service is flagged for malware
  • The site or service is not paid timely
  • The site or service is disrupting other Customers
  • The site or service downpipe customer violates our Agreement
  • On notice from law enforcement agency(ies)
  • Any other reason that would be required to ensure continuity and peak performance of the TechVita Hosting network and servers

If a Customer is suspended, we will make every effort to contact the Customer and to facilitate the site’s recovery within legal means.

For certain issues, suspensions are automatic and made by automatic systems. If you are suspended, you must contact TechVita immediately to resolve the source of the suspension.

Cancellations and Refunds

A cancellation of an account occurs when a Customer desires to end all or part of their business with TechVita. When a Customer initiates a cancellation, they can choose to do so immediately (usually actioned in real-time within 24 hours) or they can select a date to cancel prior to their next billing cycle.

Please be advised that when a customer initiates a cancellation, the account is automatically terminated at the time the Customer selects, and the data will be deleted simultaneously at that time.

A customer requested cancellation supersedes TechVita’s regular wait time of 30
days to delete data and the account may be immediately terminated and all data deleted.

If a Customer cancels within 30 days of joining TechVita on their first sale, there is a 100% refund of hosting service fees, minus any domain name fees. The following services are not included in this refund policy:

  • Domain name fees
  • Website consulting
  • Website development
  • Website Marketing
  • Website Migration
  • Third party licenses or services

30 day risk free refunds are only available on monthly subscription hosting packages.

Refund Process and Data Retention
It is a customers’ sole responsibility to remove any and all data from TechVita servers PRIOR to requesting a refund. Once a refund is requested the account may be immediately terminated, without confirmation. A refund requested cancellation supersedes TechVita’s regular wait time of 30 days to delete data and the account may be immediately terminated and all data deleted.

A Customer may be cancelled for any of the following reasons:

  • The Customer has provided false account or contact information as required by ICANN and the UDRP
  • The Customer has failed to pay their bill
  • The Customer has communicated any threats or uses abusive language towards TechVita + Mario
  • The Customer threatens or litigation without an injunction that is valid

Terminations

A termination is a final cancellation of an account, and all Customer data is deleted. TechVita may terminate any account if:

  • The Customer has been cancelled for atleast 30 days
  • The Customer has requested the procedure

Billing
TechVita requires payment in advance for most hosting services. As such, clients are responsible to ensure timely payment in advance of service dates to ensure continuity of services. Failure to pay your bill will result in suspension, cancellation and ultimately termination.

Arrears and Missed or Late Payments
TechVita reserves the right to charge late fees for any missed payments.

If a client has had multiple late payments TechVita may require a deposit for future business equal to one year of service for the subscribed plan. This deposit will be released and credited to the client account after 1 year of timely payments. Failure to maintain timely payments will reset the clock of the deposit, and will incur late fees. The deposit will not be refunded unless the client maintains 1 year of timely payments. Once the 1-year probation period expires, the client will receive the deposit back as a credit for future hosting (basically getting 1 year free if the service levels are the same.) This will not be refunded as cash or credit to the client and may only be used with TechVita Web Hosting.

TechVita reserves the right to charge a reconnection fee for any websites that have been cancelled due to late or missed payments.

Unlimited/Unmetered Plans
All unlimited plans may utilize any amount of bandwidth over a 30-day period, but if any high-CPU usage is identified the account may be throttled. Specifically, any streaming services are unauthorized. This includes audio, video, or data streaming services such as online radio programs, large podcasts, movie sharing or video screening sites, VLogs, etc.
Any accounts that noticeably affect shared resources will have the option to migrate to a dedicated server and will be charged additional monthly fees based on this.

Measured Plans
All measured account plans come with a predetermined amount of traffic allowance. It is usually possible to at times exceed this allowance if within a tolerable threshold. Currently Go Business and Business Charger plans have a 3GB & 8GB monthly bandwidth traffic allowance which is considered a generous amount in most conditions. If this is generally exceeded, we may need to upgrade your plan to either a customised package or to an Unlimited plan.

Refusal of Service
We reserve the right to refuse any new accounts at our sole discretion. We also reserve the right to refuse service to any existing customers if they have violated our ToS multiple times.

Limitation of Liability – Content
TechVita is not responsible for any claimed damages, including incidental and
consequential damages, which may arise from TechVita servers going off-line or being unavailable for any reason whatsoever. Furthermore, TechVita shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site or email data from any of TechVita’s servers.

Limitation of Liability – Network
TechVita + Mario cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by TechVita are resold. Thus, certain equipment, routing, software and programming used by TechVita + Mario are not directly owned or written by TechVita. Moreover, TechVita holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions may result in the automatic deactivation of the account in question (see our suspension & cancellation policies.) We reserve the right to remove any account, without advance notice for any reason without restitution, as TechVita sees fit if the account or account holder is shown to be maliciously using our services or presents false information to TechVita.

Server uptime
TechVita guarantees 99.9% service (http, ftp, dns, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

Information Automatically Logged
We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason. Our logs are made available to law enforcement only under certain circumstances, as listed below under “Third Parties.”

Security
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

Third Parties
Information collected on this site is strictly for our use and no others, such as third party businesses.

However, TechVita may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request.

TechVita may also use any details from a customers account or tickets to validate or refute any publicly-made statements about TechVita on social media or any other review site.