Terms and Conditions
This Terms of Service ("Agreement") is a legally binding contract between A GameTesterHosting and you ("Customer," “you” or “your”) that shall govern the purchase and use, in any manner, of the services provided by GameTesterHosting (collectively, the "Services").
By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract in the Canada.
If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services. If you are already a customer of GameTesterHosting and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact GameTesterHosting to cancel your Services.
1. Ownership and Services Purchased
1.1. The individual or entity set out in our records as the primary billing contact shall be the owner of the account.
1.2. The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased (https://gametesterhosting.com/whmcs/cart.php?gid=1) based on their description on the Service Description Page as of the Effective Date, as defined below. GameTesterHosting may modify the products and services it offers from time-to-time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by GameTesterHosting as set out on the Service Description Page, are referred to as the “Services.”
1.3. Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. you may terminate this Agreement if such a change materially affects the Services.
2. Term of Agreement
2.1. This Agreement becomes effective immediately when Customer clicks the agreement button/case (“Effective Date”) and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of GameTesterHosting, or by the posting by GameTesterHosting of a revised version.
2.2. The term of this Agreement is set to the Customer's billing term (“Term”). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as set out in this Agreement.
3. Obeying the Law
3.1. GameTesterHosting is registered and located within Canada and as such, we are required to comply with the laws and official policies of the Canada, regardless of where the Services are provided. In addition, GameTesterHosting will comply with appropriate laws and official policies set forth by Canada.
4. Payments and Billing
4.1. GameTesterHosting will automatically bill your payment method on file on the first day of each Billing Term, as defined below. All fees are billed in United States Dollars ("USD") and are subject to change with thirty (30) days prior notice to you.
4.2. your “Billing Term” is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be monthly, quarterly, Semi-Annually, Annually, Biennially or Triennially.
4.3. GameTesterHosting is only able to automatically collect payment from customers with credit cards stored on file (as opposed to credit cards used one for one time transactions) or active PayPal subscriptions. All other payment methods (one time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated manually by you. It is your obligation to ensure that reoccurring fees are paid on their due date.
4.4. As a customer of GameTesterHosting it is your responsibility to ensure that all billing information on file with GameTesterHosting is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. you are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. GameTesterHosting screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screen is completed. In certain cases, if your account is flagged for fraud, third party services, such as domain name registrations, will not be processed. GameTesterHosting has no liability for the failure to provide Services, including third party services, if your account fails its fraud screen.
5. Late Payments
5.1. Any account not paid in full by the end of the day of the Billing Term will be given a five (5) day grace period. If payment is not made within the five (5) day grace period, GameTesterHosting reserves the right to suspend your Service(s) with GameTesterHosting and to charge a 10% "late penalty" fee of the initial price. Thirty (30) days following suspension of Services for non-payment, GameTesterHosting reserves the right to terminate Service(s) for non-payment.
5.2. GameTesterHosting is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, GameTesterHosting reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.
6. Refund Policy and Billing Disputes
6.1. No refunds are offered on virtual private server (VPS) packages, cloud hosting accounts, hybrid hosting accounts, dedicated server packages, custom packages, setup fees, domain registrations, domain transfers, domain renewals, SSL certificates, dedicated IP addresses, advanced support fees, processing fees, or software licenses. GameTesterHosting reserves the right to deduct fees for value added services that may have been included in the Services at no additional fee, such as a SSL certificate, from any refunds.
6.2. Only first-time accounts are eligible for a refund under the 3 Hour money back guarantee. For example, if you had or still have an account with GameTesterHosting before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with GameTesterHosting. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.
6.3. No Refunds will be given for any reasons. Only refunds available will be a « compensation » that only GameTesterHosting has the right to proclaim and give.
6.4. The following methods of payment are non-refundable, and refunds will be posted as credit to the hosting account for current or future Services: bank wire transfers, Interac E-Transfers, Western Union payments, Paypal, checks, credit card, debit card, and money orders.
6.5. GameTesterHosting will not activate new orders or provide additional Services for customers who have an outstanding balance with GameTesterHosting. For a new order to be setup or a new package to be activated, you must have a balance of $0.00 or higher, unless otherwise stated by GameTesterHosting in writing.
6.6. Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and GameTesterHosting is not responsible for any change in exchange rates between time of payment and time of refund. In addition, GameTesterHosting reserves the right to refuse a refund at any time for any or no reason.
6.7. If you believe there is an error in Gametesterhosting’s billing, you must contact GameTesterHosting about it, in writing, within thirty (30) days of the date you are billed or charged. GameTesterHosting obligation to consider your claim is contingent on your providing it with sufficient facts for GameTesterHosting to investigate your claims. you waive your right to dispute any charges or fees if you fail to notify GameTesterHosting in writing or meet the deadline set out above. If GameTesterHosting finds that your claim is valid, GameTesterHosting agrees to credit your account on your next billing date. Third party fees are not subject to this dispute provision and are final.
6.8. GameTesterHosting requires you to ensure if you wish to discontinue services that you submit a cancellation request to GameTesterHosting within 10 business days of the cancellation date to ensure your billing cycle does not renew. If you fail to notify GameTesterHosting of the cancellation and the billing cycle renews you are liable for the charges up to 12 months of service or up till the date if GameTesterHosting forcefully cancel your services.
6.9. GameTesterHosting reserves the right to charge the customer a $100.00 fee if the customer attempts to process a chargeback request through a third party instead of having GameTesterHosting process the chargeback request at their own discretion.
6.10. GameTesterHosting reserves the right to charge the customer a $500.00 fee if the customer attempts to process a false chargeback request through a third party and/or GameTesterHosting and a additional $500.00 fee if such a false chargeback request is related to unauthorized payment.
7.Data Integrity
7.1. you agree that for any of GameTesterHosting services and products backups made by GameTesterHosting are not guaranteed. GameTesterHosting recommends that clients backup their services and products data to their personal computers or storage servers. you are responsible for your own data. The backups provided by GameTesterHosting are typically only used for failed hardware mechanisms.
8. Adding Funds
8.1. All funds thats are added to a account can not be refunded
9. VPN Services
9.1. The User may use his user account in the member’s area on GameTesterHosting.com as well as the Service itself only within the scope prescribed by a specific Service that he has ordered and only in compliance with these Terms and Conditions. In his own interest and at his own risk, the User is fully liable for the truthfulness, completeness and correctness of all the information he entered at registration on the GameTesterHosting.com website, and also for the specific Service he has ordered.
9.2. The Provider or his contractor or another third party carry out regular hardware and software maintenance of the technical devices through which the Services are provided. To this end, the Provider is allowed to restrict or completely suspend the provision of Services or any Service at any time for an unlimited period of time (hereinafter referred to as “Maintenance Shutdown”). A Maintenance shutdown shall be announced to the User via his account on the GameTesterHosting.com website. In the event of a force majeure or other events unforeseeable by the Provider, the Maintenance Shutdown or other Service malfunction may not be announced to the User. In the case of a Maintenance Shutdown under the above-mentioned conditions, the User cannot hold the Provider responsible for possible damages of any kind. A Maintenance Shutdown does not constitute a claim for the reimbursement of any monetary performance accepted by the Provider from the User.
9.3. The Provider undertakes to make the needed effort that may be rightly required of him in order to ensure failure-free and trouble-free provision of Services with minimum amount of malfunctions or service inaccessibility. Although the Provider undertakes to ensure a due provision of Services for the User with minimum amount of malfunctions and restrictions, the Provider cannot guarantee or ensure permanent and uninterrupted availability of the Service to the User for the duration of the Contract. The provision of the Service is dependent on a whole range of events that cannot be influenced by the Provider’s will or power, such as a connectivity breakdown, hackers’ attacks, restrictions by the local provider, restrictive Internet access regulation, etc. The Provider has no control over the quality of the User’s Internet connection and the quality of international data lines. In this respect, the User knowingly agrees that the Services provided may not always be available or they may be restricted or there may be a malfunction. A malfunction or a Service restriction does not constitute a claim for the reimbursement of any monetary performance accepted by the Provider from the User.
9.4. Users of GameTesterHosting.com services must be 18 years old or older.
9.5. Both the access to the Service and its usage are protected by each User’s non-public login and password. The User is the sole user of the Service provided and is responsible for its safe usage, which complies especially with the Terms and Conditions, valid legal provisions, international law, good manners and business customs. The User, when taking due care, is particularly obliged to protect his user account, login and password for accessing the Service against their unauthorized use or abuse, to prevent the loss of his user name or password, to prevent an unauthorized use of the Service, the theft of his user name or password, the copying of his user name and password or their provision to a third party, etc.
9.6. The User undertakes to, especially: A) prevent third parties from using the Service; B) prevent abuse of the Service or to refrain from using the Service himself for fraudulent or false activities or activities that are in contradiction to good manners, activities the character of which constitutes a crime, an infraction or other illegal activities prohibited by law or other activities prohibited by these Terms and Conditions.
9.7. The User is fully responsible for all operations and activities conducted through the User’s account. Besides these Terms and Conditions, the User is obliged to comply with his national legal order and Provider’s national legal order.
9.8. The User is not allowed to share his account with another person.
9.9. The User can use the Service on a whole range of devices, such as a PC, a phone, a pocket PC, a tablet, etc. Within his account, however, the User can simultaneously use the Service ordered only on one device. It is not possible to use the Service simultaneously on more than one device.
9.10. The User also further undertakes to:
9.10.1. not pay for the Service ordered with a stolen or falsified credit card or with any other illegal means;
9.10.2. refrain from using any of the Services for any attack or attempted attacks (such as hacking, breaking a firewall, etc.) at any other computer, server, Internet network or other technical devices, including software, that are connected to the Internet;
9.10.3. not endanger or damage in any way the Provider’s or a third party’s technical devices, including their source codes and databases;
9.10.4. not use any of the Services to transfer malware, such as viruses, trojan horses, worms, etc.;
9.10.5. not use any of the Services neither for accepting nor publishing nor providing harmful content, such as content in breach of copyright, pirated copies of copyrighted works (such as CDs, DVDs, software), child pornography, etc.;
9.10.6. not use any of the Services for sending unsolicited commercial messages or other harmful or fraudulent content, data and information, such as SPAMs, unsolicited SMS messages, advertising and marketing messages, etc.;
9.10.7. not use any of the Services for sending legal commercial messages in the opt-in regime;
9.10.8. not use any of the Services for activities the content of which is child pornography, supporting or promoting criminal activities, including terrorism and extremism, such as activities that include accepting, publishing, selling, linking, etc.;
9.10.9. not use any of the Services for activities that constitute or could constitute an infraction, a crime or the preparation or attempt thereof that is punishable according to Provider’s national legal order, EU law, international law, including the User’s national legal order;
9.10.10. not use any of the Services to dangerously persecute or threaten a third party;
9.10.11. not use any means that are able to endanger or curb the use of the Services by other users;
9.10.12. not use the Service for excessive data transfer. The Provider reserves the right to limit the User’s transfer speed if the daily average of data transferred by the User exceeds 8 GB.
10. Changes to the Terms of Service
We may modify the Terms of Service from time to time and are not obligated to notify you. you should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Terms. you understand and agree that your continued access to or use of the website and/or services after any posted modification to the Terms indicates your acceptance of the modification.