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1. Introduction

The Terms of Service (“The agreement”) are an agreement between Hyper Layer (“Hyper Layer”, “us”, “we” or “our”) and you (“Customer”, “user”, “you”, “your”). This Agreement sets forth the general terms and conditions of your use of the products and/or services made available by Hyper Layer and of the hyperlayer.co.za website. By using our products and/or services, you agree to be bound by the Agreement, all applicable laws and regulations. If you do not agree to abide by the terms of the Agreement, you are not authorized to use or access our products and/or services.

We reserve the right to partially or totally modify any policy, section or portion of the Agreement at any time and at our sole discretion and without advance notice to you. Any changes will be effective when they are posted to the site. Your continued use of our products and/or services following any change in the Agreement will signify that you accept such changes. If you do not agree to any changes in the Agreement, please discontinue use of our products and/or services.

By accepting the Agreement, you are also agreeing to our Privacy Policy.

2. Your Account

1. We reserve the full right to terminate your account at any time, with or without advance notice. Your account and its products and/or services will be terminated if you are found in violation of the Agreement.

2. You must be thirteen (13) years of age or older in order to be eligible for the use or access to our products and/or services. Any registration, use of or access to our products and services, by anyone under thirteen (13) is unauthorized unless with the permission of a parent or care.

3. It is your responsibility to provide accurate, current, and complete information to us. If we need to contact you, we will use the primary email address associated to your account. It is your responsibility to ensure that the contact information for your account is correct and complete at all times. Providing false information of any kind may result in the termination of your account and its Services. On certain cases you may be required to provide government issued identification and possibly a scan of ID book/Card, driver’s license or proof of address used for verification purposes. Failure to provide the information requested will result in your order being denied and cancelled.

3. Services, Orders and Payments

1. We reserve the right to shut down, suspend, terminate or deny access to any product and/or service with or without reason, with or without advance notice. We are not responsible for any data loss related to the termination of products and/or services.

2. All services and/or products ordered from us will not be activated until payment has been received and verified to not be fraudulent. In most cases, payment verification is automatic but may require manual review in rare circumstances.

3. When ordering a product and/or service from us, you are only receiving a license and/or renting the product and/or service. All services and/or products remain the property of us.

4. All services and/or products are still subjected to software limitations and physical hardware limits.

5. We reserve the right to deny and/or cancel any order with or without reason.

6. Invoices for products and/or services will be generated five (5) days before the product and/or service due date. The client is expected to pay the invoice in full before the expected due date. Products and/or Services will be suspended five (5) days after the due date if the invoice remains unpaid, and terminated no later than ten (10) days after the invoice due date if the invoice remains unpaid. We reserve the right to terminate services and/or products and remove data associated with any service and/or product which has an overdue invoice at any time. We keep backup retention for 7 days. Restores after termination will be charged at R199 per server / instance

7. Domains and are suspended by the registry at different periods and can be suspended within a day of their due dates. Any domains not settled on or before their due dates may attract extra fees, once they pass into redemption

4. Refunds

1. We offer a 24-hour money back guarantee for new customers on our everything excluding domains and VPS / Cloud Hosting In order to request a refund through this policy, the customer must open a ticket within our client area requesting this prior to the 24 hours of the product and/or service initial activation date. Refunds for existing customers are issued at the sole discretion of Hyper Layer

2. VPS / Cloud Servers and Managed or Semi-managed Support Services are not eligible for refunds after being activated and/or provided to the customer.

3. No refunds will be provided if your account and its products and/or services are terminated due to a chargeback, dispute or claim.

4. No refunds will be provided for the remainder of the billing cycle if you decide to issue a cancellation request for a product and/or service.

5. No refunds will be provided if your account and its products and/or services are terminated due to a violation of the Agreement.

6. Refunds issued for billing errors are made on a per case basis and at our sole discretion.

5. Chargebacks

1. Any chargeback, dispute, or claim filed against us will result in an immediate and permanent termination of all products and/or services associated to the customer’s account and the account itself despite of the outcome of the chargeback, dispute or claim. Unpaid chargeback fees may be outsourced to a collection agency.

6. Cancellations

1. In order to cancel any service and/or product you must issue a cancellation request within our billing area. Additionally, you must manually cancel any active debit order subscriptions that were created when ordering your service and/or product. We do not have access to deduct funds from your account, and will not be held responsible for automated payments made via debit order subscriptions.

7. Data Loss

1. We may incorporate multiple features such as RAID and proactive disk monitoring to mitigate the risk of data loss on our products and/or services. However, you are ultimately responsible for your data stored on our products and/or services. We shall not be held responsible for any data loss, regardless of the cause.

8. Our Site

1. We reserve the right to modify any of the information on the site at any time, with or without advance notice.

2. We are not responsible if any information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

9. Modifications to the products and/or services

1. We reserve the right to update the pricing and/or specifications of any product and/or service at any given time, with or without advance notice.

2. We reserve the right to discontinue any product and/or service at any given time, with or without advance notice.

3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product and/or service.

10. Legal Obligations

1. Under no circumstances we claim responsibility and/or liability for what you choose to host on your products and/or services.

11. Liability

1. Under no circumstances shall we be held liable for any damages, including but not limited to downtime or data loss, incurred by the client through the use of our products and/or services. Our maximum combined liability to a client for any service shall be 100% of the product and/or service fee for that specific month.

12. Denial of Service Attacks

1. We may incorporate multiple protection methods against Denial of Service Attacks. However, we are not liable for any downtime caused by a DDoS (Distributed Denial of Service) or DoS (Denial of Service) attack. If a DDoS or DoS attack is targeted at a specific customer’s product and/or service for an extended period of time and affects other customer’s products and/or services we may suspend it until further notice or resolution.

13. Support

1. Any support request must be submitted through your client area via tickets. We are not required to provide technical support via live chat, social media, or other unofficial contact methods.

14. Acceptable Use Policy

1. Any attempt to undermine, cause harm, or obtain unauthorized access to a server that is on our network is strictly prohibited. As our customer, you are responsible of all of your accounts and actions.

2. We reserve the right to reboot, shut down, suspend, or terminate any service found in violation of our Acceptable Use Policy.

3. We believe in second opportunities. If a procedure in case of violation is not specified on the violated policy, our standard procedure is to first shut down and/or suspend your service. Then, a ticket will be opened through our client area detailing the offense and the necessary steps to resolve the situation. Once the customer replies to the ticket acknowledging that they understand the issue and how to correct the problem, the service will be reactivated and the customer will have 24 hours to prevent any further abuse. If further violations occur, we will terminate the customer’s service without a right to receive a refund.

4. Our products and/or services must only be used for its intended purpose. Any data that constitutes as illegal material is strictly prohibited in our servers. Examples of illegal and obscene materials may include but are not limited to: child pornography, pirated software, fraudulent websites or threats.

5. The terms ‘unlimited’ or ‘unmetered’ does not truly define unlimited. Our servers reserve, split and distribute resources evenly among all clients. We reserve the right to shut down, suspend, or terminate a server found to be using an excessive amount of resources including but not limited to: storage space, disk I/O, memory, or CPU usage.

6. The following general policies apply to all of our servers, including but not limited to: Web Hosting Services, Game Hosting Services, VPS / Cloud Servers.:

  1. Unsolicited bulk email, commercial messages (“spam”), or mass messages are strictly prohibited.
  2. Disrupting the services or performance of any other customer or network is strictly prohibited.
  3. Sending DoS/DDoS attacks is strictly prohibited.
  4. Network booters, stressors, or other websites that promote illegal or questionable activities are strictly prohibited.
  5. Spoofing IP addresses is strictly prohibited.
  6. Botnets are strictly prohibited.
  7. IP/port scanning is strictly prohibited.
  8. Open proxies, TOR relays, and TOR exit nodes are strictly prohibited.
  9. Violations of copyrights or trademarks is strictly prohibited.

7. In addition to our general policies, the following policies are specific and apply to our Web Hosting Services:

  1. Daemon processes or background processes are strictly prohibited.
  2. Storing backups of any kind is strictly prohibited.
  3. Download sites that use our web hosting services to store their downloadable content are strictly prohibited.
  4. Using pirated or nulled software is strictly prohibited.

8. In addition to our general policies, the following policies are specific and apply to our VPS / Cloud Servers:

  1. Cryptocurrency mining, distributed computing, or other CPU-intensive tasks are strictly prohibited.

9. In addition to our general policies, the following policies are specific and apply to our Game Hosting Services:

  1. We reserve the right to immediately terminate your service without right to refund if you are found to be trying to, or bypassing the assigned SLOT/RAM limit of your purchased package.
  2. Plugins / Mods that allow the customer to have multiple servers on the same purchased package, including but not limited to: SubServers on Spigot/Bukkit are strictly prohibited.
  3. Plugins that allow the customer to create and store backups on the same server directory are strictly prohibited.
  4. While we do not actively restrict (hard limit) the CPU usage, no Game server shall exceed a full CPU core (1.0 load average) or more for an extended period of time. An extended period of time will generally mean one (1) hour, but will depend upon the load average and level of impact on other customers sharing the node. Disruptive load may result in a reboot, shutdown, and/or suspension of the service. A hard limit may also be placed if abuse is detected.
  5. The unmetered storage feature shall only be used to store files that are completely required for the server functioning, including but not limited to: Worlds, JAR Files, Plugins, mods, maps and databases. Logs or backups may be deleted without advance notice if they use a considerable amount of space and affect the other customers in the node.
  6. The unmetered MySQL databases feature shall only be used to store data that is completely required for the server functioning, including but not limited to: Data from plugins and/or additional software that runs on the same server.
  7. When ordering a new Game Server, a limit of 4 MySQL databases will be placed to prevent abuse, this limit can be raised for free at any time by opening a support ticket with valid justification.

15. Service Level Agreement

1. We anticipate that our services will be available at least 99.95% of any given month. In the event that services become unavailable for more than 0.01% of any given month, a client may request to be compensated.

2. Our SLA only covers interruptions for the following services, and only when they are directly purchased from us and not through a reseller.

  1. Web Hosting Services.
  2. Game Hosting Services.
  3. VPS / Cloud Servers.
  4. Discord Bot Hosting Services.

2. Our SLA only applies to the following types of interruptions:

  1. Network – We guarantee that our network will be available to all applicable services at least 99.95% of any given month.
  2. Hardware – We guarantee that our physical hardware will be available to all applicable services at least 99.95% of any given month.

3. Our SLA does not apply under the following circumstances:

  1. Planned Maintenance – We announce all planned maintenance with advance notice via email and/or on our website, thus this is not covered.
  2. Software error/failures – We do not cover errors, crashes or any service interruptions caused by software.
  3. Interruptions caused by the client – We do not cover issues caused by the client such as interruptions caused by installing third-party files/plugins and software or custom scripts.
  4. Third party products and/or services – We do not cover issues and/or interruptions on any third-party provided service.
  5. DDoS / DoS Attacks – Networking issues resulting from DDoS or DoS attacks targeted at a customer’s services are not eligible under any circumstances. We may null route the service’s IP address to protect its network from attacks of large magnitude. Downtime resulting from attacks targeting other customer’s services or our network, however, are covered by our SLA.
  6. Customer network issues – We do not cover the inability to connect to our services due to issues on the customer’s network side.
  7. Exceeding allocated resources – Interruptions caused due to the affected service using more resources than the assigned and available are not covered.
  8. Service suspension – We do not cover interruptions caused by service suspensions caused by violations to our terms of service and/or overdue payments.
  9. Acts of God – We do not cover interruptions caused by weather, natural disasters, or any other disaster outside of our control.

4. In the event of non-compliance, the client will be customer as per the terms below:

  1. For every minute of downtime, we will provide an extension to the affected service rounded up to the next day.
  2. Customers requesting compensation for downtime must open a ticket with our billing department within seven (7) days of the downtime incident to receive such extension.
  3. All SLA claims will be investigated. The outcome of such claims will be decided at our sole discretion.
  4. Any SLA claims we deem to be fraudulent will be rejected.
  5. We reserve the right to deny any SLA claim if we believe the customer has purposely attempted to cause a service disruption.
  6. Our SLA is only valid and available for direct clients of our company. We are not liable for any downtime caused by a reseller of our services.

16. Third Party Licenses and Agreements

1. When you order a product and/or service from us, you automatically accept the licenses and agreements of the software’s we use to provide you these services. These licenses and agreements, depending of the products and services you order, include but are not limited to: WHCMS End User License Agreement and Minecraft End User License Agreement

2. Below we provide a best effort list of all the licenses and agreements you will accept when ordering our products and/or services, however, this list may not be up to date or complete at all times. It is your responsibility as the customer and end user to consult all of the license agreements before placing an order. If you are unsure or would like to get the latest and up to date list of the software we use to provide each service, feel free to contact us.

3. WHMCS End User License Agreement

  1. By using any of our services, including but not limited to Shared Web Hosting Services, Minecraft Hosting Services, VPS Servers and Dedicated Servers, you agree to the WHMCS End User License Agreement and any related or additional agreements, terms, or conditions specified therein, as provided by WHMCS Limited. 
    WHMCS EULA: https://www.whmcs.com/eula/

4. Minecraft End User License Agreement

  1. By using any of our Minecraft-related services, including but not limited to Minecraft Servers, you agree to the Minecraft End User License Agreement and any related or additional agreements, terms, or conditions specified therein, as provided by Mojang AB. 
    Minecraft EULA: https://account.mojang.com/documents/minecraft_eula

17. Domain Registration, Renewal, Redemption, Deletion & Domain Parking

  1. Please see more here
  2. For more information about Registrant Education, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/educational
  3. For more information about Domain Name Registrant Rights, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/benefits

18. Cookies

  1. You will be asked upon visiting our website be asked on a banner at the bottom if you accept the use of cookies. we do not make extensive use of cookies on our website but we use cookies on our client area to remember your login status and in (if you came to us from an affiliate) a tracking id so we can pay out the affiliate that linked you. The affiliate cookie expires after 3 months.
  2. We log the IP address of all logins to our client area for the security of your account. If at any such time you wish your data to be deleted you can request this via our support or by email, we can delete your account along with all emails, personal data, invoice history, log history, ticket history, all data will be destroyed. You can read more here

19. Digital Content

1. The following policies apply for any purchases that include digital content, downloadable or not by the customer:

  1. The customer will not receive the ownership of any purchased digital content. Only a license will be granted for the usage of such content.
  2. The granted license for the usage of such digital content may or may not have a set validity period and/or a set expiration date.
  3. Updates and/or support for any digital content will be only provided as long as the granted license is still valid and not expired.
  4. Distributing, redistributing and/or re-selling any purchased digital content in any way is strictly prohibited and may lead to the revocation of the granted license, account termination and/or legal action.
  5. The misuse and/or unauthorized modification of any purchased digital content are strictly prohibited and may lead to the revocation of the granted license, account termination and/or legal action.

This document was last updated on 21/08/2019. (dd-mm-yyyy)