Terms & Conditions

Terms and Conditions

1. Parties and Agreement

This Agreement is entered into by and between Hostplane Domain Cloud Service GmbH (hereinafter referred to as "HostPlane"), located at Habenhauser Landstraße 27, 28277 Bremen, Germany, and the entity or individual (hereinafter referred to as "Customer") purchasing services from HostPlane.

2. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Bremen, Germany.

3. Service Availability and Backups

HostPlane performs backups at intervals specified on the respective product pages. However, the integrity and permanent availability of these backups are not guaranteed. The Customer acknowledges that they are ultimately responsible for their own data. HostPlane strongly advises the Customer to maintain their own local copies of critical data. HostPlane accepts no liability for data loss.

4. Limitation of Liability

To the maximum extent permitted by German law, HostPlane shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues. Liability is limited to cases of intent or gross negligence.

5. Formation of Contract

The presentation of services on our website does not constitute a legally binding offer. By clicking the order button ("Order with obligation to pay"), the Customer places a binding order. The contract is concluded only when HostPlane sends a separate order confirmation via email or provides the service credentials.

6. Price Adjustments

HostPlane reserves the right to increase prices for ongoing contracts if procurement costs increase. Customers will be notified of price changes at least 4 weeks in advance via email. If the increase exceeds 5% per year, the Customer has a special right of termination.

7. Severability Clause

Should individual provisions of this Agreement be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

Payment Terms

1. Billing Cycle and Due Dates

Invoices are generated based on the billing cycle selected by the Customer. Full payment must be received by the due date specified on the invoice.

2. Suspension of Services

If payment is not received by the due date, the service will be automatically suspended on the day following the due date. During the suspension period, the Customer will not have access to their data or services.

3. Termination and Data Deletion

If the outstanding balance remains unpaid for 21 consecutive days following the due date, the service will be considered abandoned. HostPlane reserves the right to permanently terminate the service and delete all associated data. Data deleted due to non-payment cannot be recovered.

4. Price Changes

HostPlane reserves the right to adjust pricing for renewal terms with a notice period of 30 days via email.

Refund Policy

1. Money-Back Guarantee

HostPlane offers a money-back guarantee for specific hosting products. The duration of this guarantee (e.g., 3 days, 7 days, or 15 days) is explicitly stated on the specific product description page. If no duration is specified for a product, that product is considered non-refundable.

2. Non-Refundable Items

The following services are strictly non-refundable under any circumstances:

• Domain Name Registrations, Transfers, or Renewals.
• Software Licenses (e.g., cPanel, Plesk, LiteSpeed, Windows, etc.).
• Dedicated Servers and Custom-Order solutions (unless a hardware defect is proven).
• Setup fees and Migration fees.
• Services terminated due to a violation of our Acceptable Use Policy (AUP).

3. Processing Refunds

Eligible refund requests must be submitted via the support ticket system within the guarantee period. Refunds are processed to the original method of payment.

Security Policy

1. Global Infrastructure

HostPlane operates on a global scale to ensure low latency and high availability. Our services may be hosted in data centers located in the following regions:

• Europe: European Union (Various locations), United Kingdom, Turkey.
• Americas: United States, Canada, Mexico, Brazil.
• Asia-Pacific: Singapore, Hong Kong, Japan, South Korea.
• Africa: South Africa.

2. Location Selection

For specific services (such as Dedicated Servers or VPS), the physical location is either selectable during the order process or explicitly stated in the product description. For distributed cloud services, data may be replicated across these regions for redundancy.

3. Data Security Measures

We implement industry-standard security measures, including physical access controls at data centers, firewalls, and encryption protocols, to protect your data against unauthorized access, alteration, or destruction.

Intellectual Property

1. Compliance with International IT Law

HostPlane respects the intellectual property rights of others and expects its customers to do the same. Our policies are grounded in international IT laws and regulations regarding copyright and intellectual property.

2. Abuse Handling Procedures

Upon receiving a valid notification of alleged copyright infringement (e.g., DMCA notice) or other forms of abuse:

• HostPlane will carefully review the report within 48 hours.
• If the report is found to be valid and contains clear evidence of infringement, we will contact the Customer to request the removal of the infringing content.

3. Termination Policy

In cases of clear, undeniable violations or failure to respond to an abuse notification, HostPlane reserves the right to immediately terminate the service without prior notice or refund to prevent legal liability.

Cookie Policy

1. Use of Cookies

HostPlane uses cookies to improve your user experience, manage your session, and analyze website traffic. By using our website, you consent to the use of cookies in accordance with this policy.

2. Types of Cookies We Use

• Essential Cookies: Strictly necessary for the website to function (e.g., keeping you logged in, maintaining your shopping cart).
• Analytical Cookies: We use tools such as Google Analytics and Site Kit to collect anonymous data on site usage. This helps us understand how visitors interact with our website.

3. No Direct Marketing

The data collected through analytical cookies is used solely for statistical analysis and performance improvement. HostPlane does not use this data for direct marketing purposes or to build personal advertising profiles.

4. Managing Cookies

You can choose to disable cookies through your browser settings; however, please note that some features of our website (such as the Client Area) may not function correctly without essential cookies.

General Policies

1. Compliance with German Law

HostPlane strictly adheres to the laws of the Federal Republic of Germany. Any content, material, or activity that is illegal in Germany is strictly prohibited on our network. This includes, but is not limited to:

• Hate speech (Volksverhetzung) and extremist propaganda.
• Distribution of child pornography or exploitation material.
• Unauthorized copyrighted material (Warez, torrents relating to illegal content).
• Phishing, fraud, and identity theft.

If illegal content is detected, HostPlane reserves the right to terminate the service immediately without refund and, if necessary, report the activity to relevant German authorities.

2. Spam and Bulk Mail (Zero Tolerance)

Sending unsolicited bulk email (SPAM) is strictly prohibited. HostPlane maintains a zero-tolerance policy regarding spam, including grey-area activities that may damage the reputation of our IP ranges.

If HostPlane determines, at its sole discretion, that a Customer is engaging in abusive mailing practices or acting in bad faith, the service will be terminated immediately without refund.

3. Network Abuse

Any attempt to cause harm to the HostPlane network or third-party networks (e.g., DDoS attacks, Port Scanning, Botnets) will result in immediate termination.