The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our services. Use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Dataplugs reserves the right to modify this agreement from at any time without prior notice.

Service

  • The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month’s billing cycle. You agree that until and unless you notify Dataplugs of your desire to cancel any or all service(s) received, those service(s) will be billed on a recurring basis
  • Service will be activated immediately once the payment has been received. For more information, please contact our billing or customer service department.
  • Web hosting and SSD hosting services can be upgraded but not downgraded at the moment. For more information, please contact our customer service department.

Payment and Billing

  • We offer prepaid plans for all services.
  • Customer will pay Dataplugs the fees for the services as set forth in the Order Form.
  • Dataplugs may increase the Service Fees (i) in the manner permitted in the service description and (ii) at any time or after expiration of the subscription.
  • If the check is returned due to insufficient funds, there will be a minimum charge of HKD $250 for all returned checks.
  • There will be a minimum charge of HKD $250 for all credit card chargebacks.
  • Customers are responsible to pay the transaction fees for Telegraphic Transfer. Transaction fees will be accumulated the next time you make a payment; that is if billed to Dataplugs.
  • In addition to the above situations, a maximum of HKD $250 service fee will be charged per transaction for all extra administrative costs.
  • All credits are valid for one year from the date of accrual. And all expired credits will be removed from members’ account.
  • Dataplugs reserves the right to adjust or cancel any credits accrued to members’ accounts incorrectly, or not in accordance with the terms and conditions at any time with or without prior notice.

Transfers

  • We offer 1 website and 10 email accounts free migration service with a purchase of a new 12, 24 or 36 month plan.
  • Once your order is activated, simply send us a request and we’ll move your website files and databases from your existing web hosting account to your new Dataplugs hosting account. The free migration service is available for thirty (30) days from your service activation date.
  • We do not make any guarantees regarding the availability, possibility, or time required to complete an account migration.
  • In no event shall Dataplugs be held liable for any lost files, data, folders, or programs.
  • You are solely responsible for backing up and archiving your files and data in all circumstances.

Resource Usage

Users may not:

  • Use 5% or more of system resources (this includes CPU and memory) for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. If this clause is breached it will trigger an auto kill failsafe mechanism on the server which will auto suspend the violating account.
  • Hold more number of inode than those specified for each hosting service account. (i.e. 150,000 inodes for Initial and Startup plan; 200,000 inodes for Pro and Growth plan; 250,000 inodes for Expert and Enterprise plan)
  • Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any all daemons, such as IRCD.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client.
  • Participate in any peer-to-peer file sharing. (Audio and video streaming is strictly prohibited on our network.)
  • Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
  • Run cron jobs with intervals of less than 15 minutes.

Server Abuse

Any attempts to undermine or cause harm to Dataplugs server(s) or customer(s) of Dataplugs is strictly prohibited including, but not limited to:

  • Logging into an account or server you are not authorized to access.
  • Accessing data or taking any action to obtain services not intended for you or your use.
  • Attempting to probe, scan or test the vulnerability of any system, subsystem or network.
  • Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization.
  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System.
  • Interfering with, intercepting or expropriating any system, data or information.
  • Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding”, “mailbombing”, or “crashing” any computer system.

Backups

  • Our servers may not be used as a backup/storage system. Dataplugs not allows any account’s website backup data to be stored in our web hosting server.
  • Dataplugs reserves the right to remove the file backup or file storage at any time, for any reason or no reason, and with or without notice. Dataplugs is not responsible for any damages or loss of data.
  • We perform automated backup on a daily basis. In any case of catastrophic event, disaster recovery will be performed to recover any loss data.
  • Each client is expected and encouraged to maintain backup copies of their own data. Dataplugs does not provide or keep records and copies of our client’s website files, emails. Dataplugs is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.

Reselling

  • Dataplugs does not allow reselling on shared hosting plans.

Renewal

  • If the account is not renewed in 14 day period after the renewal date set on the account, the account will be terminated and all files will be removed.

Late Payments

  • Any account not paid in full by the end of the first day of the Billing Term, we reserve the right to suspend your service(s) with Dataplugs and to charge a HKD $200 late fee. Seven (7) days following suspension of Services for non-payment, Dataplugs reserves the right to terminate Service(s) for non-payment.
  • Dataplugs is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, Dataplugs reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.

Cancellation of Services

  • Either party may terminate this Agreement by providing notice to the other as provided herein
  • Cancellations must be requested via the form indicated above 48 hours or more prior to the Service’s renewal date. Cancellations are not final until confirmed by a representative of Dataplugs in writing by email. If a cancellation notice is not received within the required time frame, you will be billed for the next Billing Term and are responsible for payment as set forth above.
  • When an account is terminated, all files and data will be destroyed from our servers immediately. This includes any and all backups. Please be sure to back up all your files and data before cancelling your accounts.
  • If you made a payment to Dataplugs via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. Dataplugs (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.
  • Dataplugs may terminate this Agreement at any time by providing notice to Customers via email. Should Dataplugs terminate this Agreement for any reason other than a material breach, or violation of Dataplugs’s Acceptable Use Policy, any prepaid fees shall be refunded.
  • One party may also terminate this Agreement upon the occurrence of a material breach which has not been cured by the other party within (7) days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the internet.

Refusal of Service

  • Dataplugs reserves the right to refuse service to anyone at any time. Any material that, in Dataplugs’s judgment, is obscene, threatening, illegal, or violates Dataplug’s term of service in any manner may be removed from Dataplugs’s servers (or otherwise disabled), with or without notice.
  • Similarly, Dataplugs reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. Dataplugs is not responsible for any damages or loss of data resulting from such suspension or termination.
  • If any manner of communication with Dataplugs’s staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.
  • To help protect Dataplugs and its customers from fraud, Dataplugs may ask you to provide a copy of a government issued identification and/or a valid business registration certificate. If you fail to meet these requirements, the order may be considered fraudulent in nature and denied .

Refunds

  • We offer a 30-day money back guarantee for new customer who subscribed to web hosting. There are no refunds on dedicated server packages, setup fees, domain registrations, domain renewals, domain transfers, SSL certificates, add-on services, dedicated IP address , managed service fees or software licenses. Should you Violate the Terms of Service Agreement outline within shall result in no refund. For more information, please read our Terms and Conditions for 30-day money back guarantee.

SLA Conditions

  • If your server is not available for the guaranteed amount of the time within a given month, we will credit back 3 times the amount of downtime hour of your monthly fee. The SLA refund (if any) payable in any month will be calculated as follows :
    Web Hosting
    99.9% Uptime Guarantee
    SSD Hosting
    99.9% Uptime Guarantee
    Dedicated Server
    99.9% Network Uptime Guarantee
    eg
    ( Amount of Downtime (hours) x $Monthly Fee x 3 ) / 720 hours

    Contact our Billing department at billing@dataplugs.com to request for a service credit in accordance with our Uptime Guarantee within 7 business days. Please note that this guarantee applies only to unscheduled outages.

Microsoft Software License Policy

  • Microsoft, as well as Dataplugs policy, does not allow mixing of Microsoft license ownership. For an example, a customer cannot use a Dataplugs purchased Windows Server license in conjunction with their own customer license of MSSQL or any other Microsoft Product. This is a violation of Microsoft’s licensing policies. Customers must obtain all Microsoft licenses through Dataplugs. If you have any questions regarding this policy, please address your concerns to sales@dataplugs.com

Domain Name Registrations, Transfers and Renewals

  • We make every effort to ensure that the domain names are registered, transferred, and / or renewed on time. Please note the domain registration service does not guarantee you will acquire a domain name. If the domain name is unavailable, your registration fee will be refunded. If domain registration, renewal or transfer is not processed when due, it is your responsibility to contact Dataplugs within fifteen (15) days of the incident for Dataplugs to investigate. Redemption fees may be charged to customer for domains that remain expired for more than thirty (30) days, when no contact is made to Dataplugs in the required timeframe. Dataplugs’s liability is limited to the amount paid for the domain name.
  • Customers are required to provide the valid copy of identity document or authorization code (EPP code) within 90 days from the application of domain registration or transfer. Otherwise, we will cancel such domain registration and transfer application without reimbursement.

Hosting Renewal Prices

Dataplugs often offers special introductory rates and promotional pricing to new customers during their initial term. These limited-time offers are available to new customers during the initial term only. Hosting services will be renewed at the regular rate.
The regular rates for our hosting plans are as follows:

  • Web Hosting - Initial: 1-YEAR TERM: HKD$76 a month (you pay HKD$912 for 12 months)
    Web Hosting - Pro: 1-YEAR TERM: HKD$96 a month (you pay HKD$1152 for 12 months)
    Web Hosting - Expert: 1-YEAR TERM: HKD$156 a month (you pay HKD$1872 for 12 months)
  • WordPress Hosting - Startup: 1-YEAR TERM: HKD$196 a month (you pay HKD$2352 for 12 months)
    WordPress Hosting - Growth: 1-YEAR TERM: HKD$296 a month (you pay HKD$3552 for 12 months)
    WordPress Hosting - Enterprise: 1-YEAR TERM: HKD$356 a month (you pay HKD$4272 for 12 months)
  • SSD Hosting - Startup: 1-YEAR TERM: HKD$196 a month (you pay HKD$2352 for 12 months)
    SSD Hosting - Growth: 1-YEAR TERM: HKD$296 a month (you pay HKD$3552 for 12 months)
    SSD Hosting - Enterprise: 1-YEAR TERM: HKD$356 a month (you pay HKD$4272 for 12 months)

Free Domain with Annual Plan

  • You will get one FREE .COM, .NET or .ORG for 1 year with purchase of a new 12, 24, 36 month plan. Domain name must be added into your cart before purchase. You must select a domain term length equal to or less than the term length of your plan in order to qualify for the free domain offer. If you purchased a domain name for a term longer than the term of the plan, please note that you will be charged for the additional registration term at the then-current rate. Offers cannot be used in conjunction with any promotion, sale, or discount. Free domain offer applies only to the initial purchase term. After the initial purchase term, domains purchased through this offer will renew at the then-current renewal price.

Free 1 year SSL Certificate with Annual Plan

  • You will get a Free SSL Certificate for 1 year with purchase of a new 12, 24, 36 month plan. Please note that after the initial free year, SSL will automatically renew at the then-current price until cancelled. Offers cannot be used in conjunction with any other offer, sale, discount or promotion.

Free 1 Dedicated IP Address with Annual Plan

  • You will get a Free Dedicated IP for 1 year with purchase of a new 12, 24, 36 month plan. Please note that after the initial free year, Dedicated IP will automatically renew at the then-current price until cancelled. Offers cannot be used in conjunction with any other offer, sale, discount or promotion.

Tax

  • Any taxes arising as a result of executing this Agreement shall be governed by the related tax laws and regulations of both the People’s Republic of China (the “PRC”) and the Hong Kong Special Administration of the PRC (“HKSAR”) and the “Agreement between the Governments of The People’s Republic of China and the Government of Hong Kong for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income”. Unless otherwise agreed by the parties to this Agreement, the Service Recipient shall be responsible for all taxes and duties occurring in the PRC in connection with this Agreement; whereas the Service Provider shall be responsible for all taxes and duties occurring in HKSAR in connection with this Agreement.

If you any have questions regarding the Terms of Use, please contact us at: cs@dataplugs.com