1.1 All web hosting and reseller accounts come with a conditional 16 day money back guarantee. You agree and understand the usage of Your account or request of any promotional items may affect the total refundable amount.
1.1a The following fees are deducted from the total refundable amount. Requesting any of the below items (even if they are not used) will result in the following deductions:
SSL Certificate: $10 deduction
Domain Reseller: $1 deduction
Knowledgebase Articles: $10 deduction
End User Support: $5 deduction
Legal document templates: $10 deduction
Website templates: $10 deduction
If you have requested or used any of the above services, they will not be refunded as part of the 16 day money back guarantee and thus considered as chargeable items.
1.1b Virtual Private Servers, licenses, dedicated servers, dedicated IP’s, cloud servers, management services, custom administration work, late fees, administration fees and billable out of scope support work are all excluded from the 16 day money back guarantee.
1.1c If you have previously signed up with TheOpenHost and have used the 16 day money back guarantee and you sign up again at any point in the future for any service then the 16 day money back guarantee will not apply to You.
1.1d If you have violated any part of this agreement then you will not be entitled to the 16 day money back guarantee
1.1e If you have paid yearly for your account but cancel while having unused months not yet paid for, the remaining unused amounts will not be refunded. Customers have 16 days to request a refund regardless of how many days, weeks, months or years you have paid for.
1.1f Once 16 days have passed since the date you signed up, you can no longer use the 16 day money back guarantee
1.2 You can only cancel Your account by opening a support ticket with Our billing department at https://TheOpenHost.com specifying Your main account domain, one of your last 3 invoice numbers and date of birth of the account holder.
1.2a If You do not cancel your account using the procedure set out in section 1.2 of this agreement then Your account will not be cancelled and will continue to accumulate invoices and usage charges
1.2c Accounts that have invoice that are either due or overdue or both cannot be cancelled until all outstanding debts have been settled
1.2d Cancellation requests must be sent at least 3 days before the invoice becomes due.
1.2e Cancellation requests that are not received at least 3 days before the invoice is due will not take effect until the subsequent month and as such You will be charged a full additional month.
1.2f If you request cancellation of Your account and request that the cancellation take effect immediately, You will not be refunded for any unused portions of the period that You have paid for
1.3 If your account accumulates a debt, TheOpenHost may at its own discretion pass Your details to a 3rd party debt collection company or may sell your debt to a 3rd party.
1.3a If your account is passed to a debt collection company or the debt is sold, a fee of up to $150 may be applied.
1.4 TheOpenHost will not provide any support and/or assistance to You if You have overdue bills.
1.5 TheOpenHost reserves the right to impose a 35% late fee of the total invoice value or $5.00 (whichever is greater) for any invoice that becomes overdue
1.6 An invoice is considered overdue when 24hrs or more has passed since the due date listed on the invoice.
1.7 If You pay by PayPal, you are responsible for ensuring the correct payment is sent to us and at the right time. You are also responsible for ensuring that you successfully submit payment.
1.7b Overpayments as a result of a PayPal subscription that has not been cancelled can only be refunded if the payments are not more than 45 days old.
1.7c Overpayments that are over 45 days old will be added as account credit
1.7d Overpayments will be subject to a 5% administration fee of the total over payment value
1.8 Funds added as account credit are not refundable
1.8a Funds added to the domain reseller are not refundable.
1.9 If you are using our domain reseller account services, and cancel your account, the domain reseller account will be suspended and any funds loaded in the domain reseller will be forfeited. Any domains in the domain reseller will also be forfeited. The customer is thus responsible for transferring any domains away from our domain reseller before terminating an account with us.
1.10 If you have a credit card on file, you authorise TheOpenHost to automatically charge the card upon due date.
1.10a If you have a credit card on file, but your primary method of payment is not credit card, and your account is overdue, you authorise TheOpenHost to charge the credit card it has on file.
1.11 TheOpenHost guarantees that the HTTP service for Web Hosting and Reseller Hosting customers will be available 99.9% of the time. TheOpenHost guarantees a 99.9% network uptime guarantee for Virtual Private Servers and Dedicated Servers. No other service has any guarantee.
1.11a TheOpenHost has the final say on the uptime of any service
1.11b If you use a 3rd party monitoring tool, the statistics of that tool will not be taken into account nor considered valid for any uptime guarantee claim
1.12 If we fail to maintain uptime as per section 1.11, then you are entitled to the following compensation which will be applied as account credit and has no cash value:
1.12a For Web Hosting and Reseller Hosting customers the following crediting schedule applies:
99.5 – 99.89 = 70% service credit
99.0 – 99.49 = 80% service credit
98 – 99 = 90% service credit
97.99 – 95.00 = 100% service credit
1.12b For Virtual Private Server and Dedicated Server customers, the following crediting schedule will be apply for the network uptime guarantee:
99.5 – 99.89 = 10% service credit
99.0 – 99.49 = 20% service credit
98 – 99 = 30% service credit
97.99 – 95.00 = 40% service credit
94.99% and below = You will be credited by calculating Your payment for the service in its daily equivalent and receive 90% credit of the daily equivalent for any additional day that results in network downtime after 95% downtime.
1.12c The maximum amount of credit that will be applied is 100% of the equivalent monthly payment for that service and excludes licenses, IP address and management services.
1.12d Network interruption as a result of a denial of service attack are excluded from the uptime guarantee
1.13 Customers claiming credit under our uptime guarantee must do so by opening a ticket within 72 hours of the incident with their username, main account domain and PayPal subscription ID or latest order number if you are paying by credit card. All requests after 72 hours of the downtime incident happening will be void.
1.13a TheOpenHost has the final say and will determine the uptime of our servers and will base its uptime on our own monitoring systems. External monitoring statistics set up by customers will not be considered as evidence of uptime/dowtime.
1.14 You agree and understand that your monthly billing amount can vary based on your usage and products/services you have subscribed to.
1.14a Unless You request otherwise and where using a supported payment method, TheOpenHost will charge you automatically for your usage on the due date stated on the invoices that we send to you in advance.
1.14b TheOpenHost will not charge you any amount without first informing you of the amount to be charged and the day it will be charged to the email address you have provided to us. TheOpenHost will inform you at least 10 days before you due date of any charges that will be due on the due date.
1.14c If using PayPal Reference Transactions (also known as PayPal Billing Agreements) you can cancel your billing agreement in your PayPal Profile by logging into your PayPal account or by clicking on the “PayPal Billing Agreement” link in your client portal at https://TheOpenHost.com (requires login). Alternatively, you may contact TheOpenHost support at https://TheOpenHost.com requesting cancellation of your billing agreement.