By accepting our Terms of Service, you also agree to our Privacy Notice and Data Use Policy.
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for more information on our Privacy Notice and Data Use Policy.
Hostdiode.com ("HostDiode," "us," "we," or "our,") has developed this Terms of Service ("TOS") document to govern Hostdiode's online services ("Services"), which consist of Domain Registrations/Transfers/Management, Website/App Design and Development, Logo Design, Shared Hosting, Semi-Dedicated Hosting, Reseller Hosting, Dedicated Servers, Data Backups and any related add-on products. All users of HostDiode services, and all customers upon signing up for HostDiode services, agree to comply with HostDiode Terms of Service ("TOS"). The TOS's spirit is to ensure customers are using HostDiode services with due regard to other Internet users' rights and in conformity with the requirements of the HostDiode network environment. The TOS are not exhaustive, and HostDiode reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either posting the modified www.hostdiode.com/client/tos.php or notification of the revised TOS. Any complaints about a customer's violation of the TOS should be sent to firstname.lastname@example.org
Please see our abuse terms for more details on the abuse policy. When you agree to the terms, you also agree to our Billing terms. Except when expressly agreed to the contrary in writing by an authorized representative of HostDiode, this TOS supersedes any other agreement with HostDiode, whether written, oral, by conduct, or otherwise.
Delivery of Service
Once your order is placed, our system will automatically provide you with an account that you can use to access our Client Area.
All orders are subjected to an automatic screening process by our system or our payment processors(s) to prevent fraud. Your responsibility is to provide us with accurate billing, contact, and payment information so that your order will be screened successfully. Providing false contact information of any kind may result in the termination of your account or the rejection of your order.
Suppose our automatic screening process marks your order as fraudulent. In that case, we may reach out to you to request additional documents such as your government-issued identification and possibly a scan of the credit card used for the purchase. If these documents are not provided on request, the order may be considered fraudulent and be denied. These documents will only be reviewed by authorized personnel. However, we may retain them for up to 6 months to safeguard against chargebacks and potential frauds. After these six months, we will securely dispose of your documents to prevent loss, theft, misuse, or unauthorized access.
Your order is only processed after we receive full payment through any of our supported payment methods. After submitting the total amount, our system can take a few minutes to process the order.
All orders are delivered electronically via email. If you have any questions about your order, please open a support ticket with us.
We offer complimentary website transfer with the purchase of any of our Services. Suppose you are moving to us from another hosting provider. In that case, we can assist with transferring your website's data from your previous hosting provider to our servers.
For Customers purchasing our Hosting Package, we can help you transfer up to 30 cPanel accounts free of charge per order and 20 cPanel accounts on each subsequent month of service. For every three cPanel accounts over the numbers mentioned, a $1.00 charge will apply. For numbers slightly exceeding the numbers above, we may waive the additional charges at our sole discretion.
Our staff will make every effort to help you transfer your website's data to us; however, this is done on a courtesy basis, and we cannot make any guarantee about the success of the website transfer and the amount of time involved.
To ensure fairness for all Customers, website transfer requests are processed in the order that we receive them. This process can take up to 48 hours depending on transfer queue size, but we will usually complete them much sooner. If a transfer request needs to be fulfilled before a particular date/time, please reach out to us in advance so it can be scheduled for you.
The process behind a website transfer is dependent on many factors, which are often beyond our control. For example, your previous hosting provider's server may be inaccessible or experiencing technical issues (not limited to contributing to high server load). Your previous hosting provider may also have disabled the Backup function or maybe running a different control panel other than cPanel. As mentioned earlier, any of the factors can contribute significantly to the amount of time required to transfer your website's data or whether we could even assist you to transfer your website's data.
Due to possible differences between your previous provider's hosting environment and ours, likely, your website may not function properly after the transfer. It is your responsibility to check for potential issues and the integrity of your website's data and inform us immediately if there is an issue to investigate and address accordingly. You are encouraged to maintain your previous hosting provider's service for at least 14 days after your website has been transferred to us to allow you buffer time to thoroughly look through your transferred website's data and raise any possible issue to us for investigation.
The security of your cPanel, WHM, FTP, email accounts, and billing systems is your responsibility. We recommend your password be at least 12 characters and contain a combination of at least an upper-case alphabet, a lower-case alphabet, a number, and a symbol.
All scripts must be kept up to date (this includes extensions, plugins, and themes) or otherwise be secured against unauthorized intrusion or hacking. If we are made aware of an account that has been compromised or hacked, we may immediately suspend the cPanel account pending a full investigation. While we do assist in the patching of compromised websites under our Best Effort Support, we reserve the right to charge a fee at an hourly rate of $20/hour or refuse assistance at our sole discretion.
Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level. HostDiode will be the sole arbiter of what is considered to be a high server usage level. We will shut down any Web Hosting account deemed to be adversely affecting server performance or network integrity without prior notice.
Any script that consumes large amounts of resources is not allowed, such as (but not limited to): Bots, proxy scripts, rapid leech scripts, torrent related scripts, chatting or chat room scripts, PTC (Paid-to-click) site scripts, file or image hosting scripts, mail-bombers or spam scripts, topsites scripts, auto-blog scripts, and plugins. Such scripts will be terminated immediately with no prior notice, and account owners will not be eligible for a refund. We provide shared hosting; therefore, any script you run that will consume large amounts of resources negatively affects other customers on your server. If you are unsure of any script, please contact HostDiode Support to ensure the script is allowed before running the script in your account.
Any account should not use more than 25% CPU consistently for more than 5 minutes. If you are always using 25% or more CPU, you will need to upgrade to the next available hosting plan. Suppose you are using the full hosting plan and are still using 25% or more CPU consistently. In that case, you have most likely outgrown a shared hosting environment and should therefore obtain a VPS or dedicated server to suit your needs better.
Any account suspended or terminated due to our Terms of Service's violation will not be eligible for a refund, including during our 30-day money-back guarantee period.
HostDiode has a "No Tolerance" policy on Spam and bulk mail. Sending unsolicited, bulk, and/or commercial messages over the Internet or by text messaging (known as "spamming") is prohibited, regardless of whether it overloads a server or disrupts service HostDiode customers. HostDiode also does not allow CAN-SPAM compliant bulk email or consider emails, not Spam, because you include an Opt-Out notice. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, sending unsolicited text messages, engaging in spamming using the service of another ISP or IPP and referencing in the Spam a Web site hosted on a HostDiode server, and selling or distributing software (on a Web site residing on a HostDiode server) that facilitates spamming. Suppose a HostDiode server IP has become blacklisted due to spamming by a user's domain name hosted on our servers. In that case, the violator will face immediate termination, and no refunds will be given. HostDiode reserves the right to determine what constitutes a violation of this provision in its sole and absolute discretion.
Any client found to be spamming may face a spam cleanup fee from $250 - $500 depending on the circumstance and level of cleanup involved. Any account suspended or terminated due to spamming will not be eligible for a refund.
Denial of Service Attacks
"Stress testing" or purposely receiving DDoS/DoS attacks is not tolerated on our servers.
This includes sending a DDoS/DoS or taking part in a DDoS/DoS from any HostDiode account, be it shared/reseller/vps or dedicated server. Any account found actively and knowingly sending abusive traffic will be immediately suspended and possibly terminated with no refunds given.
The following material is not allowed on our shared and reseller hosting servers:
IRC related items
Nulled or pirated software
Image or File hosting
Rapid Leech scripts
File sharing applications (including cloud apps such as: ownCloud, NextCloud)
Spam or bulk mail scripts
Sites that promote illegal activity
Sites or forums that link to and/or distribute illegal content or copyrighted material
Sites that host or link to copyrighted material without proper consent
Auto-blog scripts or plugins
Social media (but not limited to Facebook, Instagram) auto-post or auto-like scripts
Inodes are the amount of all the files located on your account. For example, an email stored in your account will be 1 inode, an email that contains 2 attachments will be 3 inodes. Any image, file, video, HTML file, folder, and script file are considered inodes.
Once your account's inode limit had been reached, you will no longer be able to create any additional files. Your website might also stop working if it requires writing data to disk, such as a database. The solution is to free up space by removing unused files, emails or even empty your mailbox spam folder.
To see the inode limit for each plan, please see our System Resource Limits
Disk Space Usage
Account disk space is meant for files related to your websites only. Using your disk space for backups of any kind, file-sharing, or any short or long-term storage is not permitted. This also includes the usage of cloud storage applications such as ownCloud or NextCloud that allow you to store and share files from your hosting account. Use of these applications is not permitted.
Reselling Non-Reseller Plans
Your HostDiode shared hosting account may not be resold, and you may not resell any shared hosting services provided by HostDiode. This includes, but is not limited to, email accounts, add-on domains, and FTP accounts. Violators will face immediate termination, and no refunds will be given.
Reseller Plan Policy
Non-Exempt: All reseller accounts must abide by the same policies in our Terms of Service and any other account and are in no way exempt.
Free Hosting/Free Email: Resellers cannot offer free hosting plans, free trial offerings, or free email accounts with our reseller hosting plans.
Abusive Clients of Resellers: HostDiode reserves the right to suspend or terminate any reseller client account(s) we find to be but not limited to abusive, illegal. As per our Terms of Service abuse policy without prior notification based on the severity of the abuse.
Suspended Account Storage: Resellers are not permitted to account in a suspended state for more than 90 days. Since this falls under our backup storage policy and the storage of backups not being let in your account, any reseller cPanel sub-account found to be suspended for more than 90 days will be terminated per this policy. If you need the account and it will be in a suspended state for more than 90 days, we suggest making a full backup of the account and storing the backup file remotely.
Dedicated IP Address Policy
Dedicated IP addresses purchased from HostDiode are non-transferrable and cannot be transferred to a new host. The assigning of dedicated IP addresses is subject to ARIN's new policies, which require justification for the IP address's need. An example of proper justification includes but is not limited to SSL certificates, reseller accounts, and dedicated servers. HostDiode will deny requests for dedicated IP addresses without proper justification.
HostDiode guarantees that your website will be up and running at least 99.9% of the time during any given 12-month period. This guarantee includes network uptime, server uptime, web server, and service uptime. It does not cover any areas where HostDiode.com has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Domain Registrar issues with subscriber's domain name, connection issues between the client's location and HostDiode.com data center. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars, or any other natural or unnatural events that HostDiode.com cannot directly influence.
Please submit a request for this guarantee via support ticket to request a service credit due to an uptime concern.
If requesting a "service credit," we ask that the client briefly explains the reasons for doing so. Include any documentation supporting your request.
Datacenter Locations are subject to availability, and choosing a specific location during your order does not guarantee that location. HostDiode reserves the right to substitute the server location selected as necessary and/or move accounts to other server locations as needed.
HostDiode performs daily full account backups, and these backups include all account data, email accounts, and MySQL databases. Weekly backups are for HostDiode disaster recovery purposes only. Resellers accounts and their client accounts are included in the accounts we backup as part of our disaster recovery plan; however, Resellers are ultimately responsible for their account backups and should not rely on the backups HostDiode performs. No guarantee of data is expressed or implied.
Ownership of Web Site
The legal owner of customers' Web sites and accounts with HostDiode will be the individual or organization whose name is listed in the HostDiode database as the owner. Customers will fully cooperate with and abide by any of HostDiode security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with HostDiode.
You may use HostDiode servers for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to warez; nulled scripts; copyrighted material; providing access to or linking to copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat or violates export control laws. Additionally, in purchasing HostDiode services, all HostDiode customers certify that they and/or the organization they represent in procuring services from HostDiode are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates to it. HostDiode reserves the right to immediately terminate any account having, providing access to, or linking to illegal material. Clients removed for violating our copyright policy or Terms of Service will not be eligible for their refunds or backups.
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All HostDiode customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a HostDiode customer (per the DMCA) to HostDiode must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at HostDiode's sole discretion.
DMCA Copyright Infringement Notification Requirements:
Send the notification via email to:
Or submit a ticket to our Abuse department Here
The DMCA contains particular guidelines as to what proper notification of claimed infringement must include. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the US Copyright Office's website http://www.copyright.gov/title17/92chap5.html#512.
HostDiode is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims. HostDiode will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
Suppose HostDiode must remove, or disable access to, the material on your website that is alleged to infringe another's copyright under the DMCA. In that case, you acknowledge and agree that HostDiode may do so by disabling access to your entire website or terminating your account.
The use of HostDiode services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. HostDiode is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
HostDiode customers agree to protect, defend, hold harmless and indemnify HostDiode, any third party entity related to HostDiode (including, without limitation, third-party vendors). Hostdiode executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, all legal fees and expenses, arising out of or resulting in any from the Customer's use of HostDiode services.
The HostDiode service is provided on an as-is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. HostDiode expressly disclaims any representation or warranty that the HostDiode service will be error-free, secure, or uninterrupted. No oral advice or written information given by HostDiode, its employees, licensors, or the like, will create a warranty, nor may you rely on any such information or advice. HostDiode and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
HostDiode may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with HostDiode services. Certain changes to HostDiode services may affect the operation of customers' personalized applications and content. Each Customer is solely responsible, and HostDiode is not liable, for any and all such personalized applications and content, except as expressly agreed to by HostDiode.
Backup of Data
Except where HostDiode has expressly agreed in writing to the contrary, customers are solely and entirely responsible. HostDiode is in NO way responsible for the management and backup of all customer data and all updates, upgrades, and patches to any software that customers use in connection with HostDiode services. HostDiode servers are also not used as backup storage and are only for hosting files directly related to your website.
Governing Law and Severability
The TOS, and any other agreement for HostDiode services, will be governed by and construed per the laws of the State of Michigan, USA, without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and HostDiode will occur in Michigan, and the Customer will consent to personal jurisdiction and venue in that jurisdiction. Suppose any provision or portion of the TOS or other HostDiode agreement is found by a court of competent jurisdiction to be unenforceable for any reason. In that case, the TOS's remainder of the agreement will continue in full force and effect.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between HostDiode and its customers. Each of HostDiode and its customers will be deemed an independent contractor at all times. They will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOS, the masculine, feminine, or neuter gender is used. It will be construed as including all genders. Wherever the singular is used, it will be deemed to include the plural and vice versa the context so requires. The TOS division into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
Complete Agreement and Exclusivity
The TOS and/or any other specific agreement for HostDiode services constitutes the complete understanding and agreement between HostDiode and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of HostDiode, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS and/or any additional specific agreement for HostDiode services is between HostDiode and its customers only and will not confer any rights in any third party except as otherwise expressly provided by HostDiode.
Refusal of Service
We reserve the right to refuse, cancel or suspend service at our sole discretion. All sub-networks, distributive hosting sites of HostDiode.com must adhere to the above policies.
You agree that third-party providers of HostDiode may provide specific services and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this agreement.
Abuse Towards Staff
HostDiode will not tolerate clients that are abusive towards our staff. This includes but is not limited to: Using offensive language or threatening a staff member. HostDiode reserves the right to decide what is considered abusive and immediately suspend or, in severe cases, terminate clients that commit the abuse.
*** Billing Policy ***
The following Terms of Service constitute HostDiode Billing Policy and apply to ALL HostDiode customers:
All prices/charges are shown in US Dollars and Philippine Pesos. Payments are to be made in US Dollars or Philippine Pesos, and If your Paypal primary currency is not USD/PHP, your Paypal account will apply a conversion based on their exchange rates no control over it. HostDiode accepts the following types of payment:
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date you activated the account. Accounts with a recurring payment method such as a PayPal subscription will continue until such time that you cancel your account following HostDiode Billing Policy in the TOS. You are directly responsible for keeping your recurring payment information up-to-date (including but not limited to card number, expiration date, billing address, or card status).
Customers agree to make payment of their balance due within three (3) days of the Account Statement Date.
All VPS/dedicated hosting accounts are due on the date due. If not paid on the due date, the server will be deactivated and scheduled to be formatted and redeployed.
HostDiode reserve the right to adjust the prices of any of HostDiode Services at our sole discretion. If there is a price adjustment, we will provide advance notice of at least 30 days to the Customer. Should the renewal date of the affected Services fall within 30 days, the Customer can renew the Services at the prevailing rates for one more billing cycle.
Accounts that are three (3) days past due will be automatically suspended. Accounts reaching (15) days past due are automatically terminated. When an account is terminated for non-payment, all files and databases related to the account are deleted and are not retrievable. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for collection costs, including attorney's fees, court costs, and collection agency fees.
You can only use your credit balance for HostDiode products and services. We will automatically deduct any future invoices from your available account balance upon invoice generation. Account credit is non-refundable and cannot be withdrawn at any time.
Any overpayments made to your account will be automatically added to your account's credit balance and are considered non-refundable.
All plans will automatically renew at the end of the plan's Billing Cycle to ensure uninterrupted service to your website. According to the service selected, plan renewal charges are based on the prevailing rate on the date of renewal. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
HostDiode does not send mail paper invoices or statements. All statements are sent via email as an invoice due notice. The client is responsible for ensuring a valid, working contact email address at all times to receive such notifications. Statements can also be viewed and printed through our client area: https://hostdiode.com/client
Please refer to the following knowledgebase article for instructions on properly canceling your account:
Like any service, HostDiode hosting plans automatically renew until a plan is canceled. To cancel the service, you must submit a cancellation request for the service from our client area. Please be aware that there are no pro-rated refunds after the first 30 days of service.
HostDiode must receive cancellation requests before the end of your Billing Cycle. Cancellations submitted later than this time may result in the automatic renewal of your hosting plan. Cancellations become effective on the day processed by HostDiode. HostDiode is unable to cancel your account effective for a future date. HostDiode will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact HostDiode as soon as possible.
You must cancel any active PayPal subscriptions by logging into your PayPal account upon canceling your HostDiode account to avoid being automatically billed by PayPal for future payments. If you fail to do so, any overpayments will be added to your account's credit balance and are non-refundable.
HostDiode does not monitor and will not automatically cancel plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to HostDiode services. Cancellation of services does not relieve the Customer from paying any outstanding balance owed on the account. HostDiode reserves the right to cancel any account, at any time, without notice, for any reason HostDiode considers appropriate.
30 Day Money Back Guarantee
Each of HostDiode's shared/reseller hosting plans carries a 30-day money-back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund. Refunds will not be issued for the sole purpose of using our services in a "Free Trial" manner or for "buyers remorse."
The following services and conditions do not qualify and/or can render the 30 Day Money Back Guarantee void: (a) Server Management Services, Domain name registration/transfers/renewals, SSL certificates, software licenses, any addon services, and set up is not included in the 30-day money-back guarantee. (b) Special promotion services, e.g. 'Hosting with free domain' (c) If we used administration time during your account, such as server configuration (that is more advanced than regular troubleshooting), this guarantee is void. (d) Illegal activity that was conducted or intended on our servers will also void this agreement. (f) This request must be sent in 5 business days (excluding holidays) before the first 30 days to be processed and eligible. (e) If you ordered multiple hosting packages, this guarantee would only apply to one hosting package, the first one you cancel.
If you are unhappy with any aspect of our service, please contact our Billing Department to rectify the situation. If we cannot fix the issue, you are entitled to a refund within the first 30 days of service. We will provide refunds in the same payment method as the original payment. There are no refunds offered or promised after 30 days regardless of the billing cycle used, and no prorated refunds for any unused time will be given. HostDiode has full power in the judgment of providing refunds for our promotional offers. Violations of our Terms of Service will void the Refund Policy.
Only first-time accounts are eligible for a refund. What this means is if you had signed up with us for more than 30 Days or if you had requested a refund before, then you will not be eligible for a refund.
We also reserve the right to subtract any payment processing fees when issuing refunds.
There are no refunds given at any point for the following services:
Dedicated Server plans
Server Management Services
Any addon services
Credit Card Disputes/Chargebacks
HostDiode has a zero-tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension, and account termination at HostDiode's discretion. A charge of $50.00 per chargeback will be assessed to all accounts that receive a chargeback.
HostDiode policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
HostDiode Affiliate Program
Hostdiode's spam policy also includes our affiliate program. Affiliates are not permitted to use Spam to generate sales. If notification is received that your affiliate ID is included in a spam email, we will terminate and will forfeit your affiliate account and all funds within your account.
All affiliate sales payments are held for 90 days. If the client cancels or presents a chargeback or any type of payment dispute, the sale is considered null and void. All payments are made thru PayPal, and you can withdraw at any time once your account reaches $15.00. You can also add your affiliates' commissions to your account balance to pay for your hosting account.
Websites that do nothing more than promote coupons or promotional codes cannot participate in our affiliate program. Websites that do nothing more than lure visitors using our brand name are also not allowed to participate in our affiliate program.
Affiliate payouts are limited to $200 per month per affiliate, and all payouts are subject to approval.
Hostdiode will not tolerate methods known as "cookie-stuffing" and other types of affiliate fraud. Affiliates trying to cheat our affiliate system or using a not allowed website will have their account terminated immediately, and all funds will be forfeited.
** App/Website Development **
Hostdiode will carry out work only where an agreement is provided either by email, telephone, or mail. An 'order' is deemed a written or verbal contract between Hostdiode and the client in email agreements.
During the project briefing, it is the client's responsibility to provide us with clear guidelines and the flow or specific details you may require. When such information is not provided, we will understand your requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential to clarify every aspect of your website development and ensure that you have been quoted on the right requirements. Once the proposal has been finalized, any additions, changes, or enhancements in the project's functionality or design will affect the proposal. They may incur additional costs and a revised delivery date. All extra work, over and above the estimates, is charged separately. Under no circumstances will Hostdiode be liable for any delays caused by a change in the project brief.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However, any significant deviation from the specification will be charged at the rate of $15.00 per hour.
Website content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays after that may delay the project and may incur additional charges if it goes beyond a reasonable timeframe.
The client must recognize that, at times, there may be unforeseen circumstances that will delay the development process, particularly regarding the integration of third-party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client decides not to penalize us for any genuine delay when every effort to keep the project on the proposed schedule is taken.
Hostdiode takes no responsibility for any of the third-party products, software, or components used in the website development, such as but is not limited to the payment gateway, SSL certificates. We suggest you take regular back-ups to avoid any disruptions.
Hostdiode takes no responsibility for any open source products such as but is not limited to WordPress, Open Source carts, Joomla. It is the client's responsibility to update all components and third-party software.
**The copyright of the images we use on the site should be owned-by/licensed-to the project sponsor/client.
Development Payment / Refund terms
Unless otherwise specified, our payment terms are as follows:
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is "complete." We reserve the right not to commence any work until the deposit has been paid in full. There are no exceptions to this, i.e., If the client decides they no longer want the site, as they have commissioned the work and paid a deposit, they are still obliged to pay for the work that has been done.
The site is “complete” when the site is developed, not when the content is ready, which means the payment will be due when we’ve done our part.
If the project stalls for 3 weeks due to the client's delays, the client must complete 80% of the total project agreed upon before commencing the work.
All invoices are to be processed as per the schedule via your preferred method of payment.
Development Cancelation Policy
If you cancel your order after making the payment, but the work has not commenced, we will refund 100% of the amount you have already made.
If the order is canceled after work commencement, the maximum refund or charge will be 75% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed.
All cancellations must be received in writing and can be sent via regular mail or email.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL HOSTDIODE (INCLUDING, WITHOUT LIMITATION, HOSTDIODE' EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING HOSTDIODE' SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR HOSTDIODE SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY HOSTDIODE SERVICES EVEN IF HOSTDIODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOSTDIODE' TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR HOSTDIODE' SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY HOSTDIODE OR HOSTDIODE' REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3 MONTHS BEFORE THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
HostDiode reserves the right to update the Terms of Service (TOS) without prior notice, and no warranties shall be implied or given.