Legal terms and guarantees

Applicable to all Pidgin Host clients
By signing up for Pidgin Host's services on, or by using any other means of subscription including subscription via a third party, a sales representative or commercialization partner, you benefit from the present satisfaction guarantee if you are billed directly by Pidgin Host.
Who may benefit from the guarantee?
The following guarantee is applicable to the renewable services offered by Pidgin Host except for those enumerated in the exclusion clause. All clients of renewable services whose accounts are in order, which have no unpaid balance, are eligible for the present guarantee.
Guarantee Terms
Applicable to clients experiencing problems with:
  • Hardware replacement
  • Network stability
  • Power distribution
  • Support resolution time for critical tickets

If you experience any of the problems enumerated above and wish to cancel your subscription, let us know within 30 days following your accounts activation by opening a support ticket from your account at www.pidginhost.com/admin or by contacting us directly through email: support@pidginhost.com or phone: +40 21 433 05 52. Within this delay and without any additional requirements or explanations, Pidgin Host will completely reimburse you for the monthly fees paid, elapsed or prepaid.

Exclusions
The present guarantee does not apply to administration packages, domain names, bandwidth or traffic billing, work billed hourly, setup fees and Premium Support.
Claim Procedures
In order to terminate your account and claim the satisfaction guarantee, the owner of the account must send the request by email or support ticket within 30 days following your accounts activation.
Guarantee Contract
The guarantee is automatically valid for all Pidgin Host's subscribers. Pidgin Host reserves the right to modify the present guarantee at any time, without notice. The modifications will be shown on this page. If you wish a written confirmation of this guarantee, please email this page to office@pidginhost.com and we will return it signed and approved.
Applicable to all Pidgin Host clients
By signing up for Pidgin Host services, or by using any other means of subscription including subscription via a third party, a sales representative or commercialization partner, you benefit from the present network and power uptime guarantee if you are billed directly by Pdgin Host.
Who may benefit from the guarantee?
The following guarantee is applicable to the renewable services offered by Pidgin Host that include a network connexion and Internet bandwidth or traffic. All clients of renewable services whose accounts are in order, which have no unpaid balance, are eligible for the present guarantee.
Guarantee Terms
100% Network Uptime
Pidgin Host guarantees 100% network uptime for all subscribers of a solution which includes a network connection. During one month, a complete network outages shall never occur. If a network outage should happen, Pidgin Host will compensate its clients with a credit equivalent to one day of service for the first 15 minutes of unavailability and a credit of one day of service for each of the following hours. The credit can be claimed up to the monthly amount paid for the service. Unavailability is defined by failed PING commands to the IP address of the server hosting your web site. This unavailability must be directly caused by problems in the connection linking Pidgin Host. to the Internet and must be verifiable from multiple external Internet hosts.
100% Power Availability
Pidgin Host guarantees the electrical power supply of its datacenter 100% for all clients subscribed to a solution which includes an electrical supply port or an amp circuit. During one month, power outages shall never occur. If it should happen, Pidgin Host will compensate its clients with a credit equivalent to one day for the first 15 minutes of unavailability and one day of credit for each of the following hours. The credit can be claimed up to the monthly amount paid for the service. This unavailability must be caused by problems directly related to the datacenter's electrical supply or to your server or bay's power supply.
Exclusions
100% Network Uptime
The guarantee is limited to network unavailability on the network operated by Pidgin Host and the hardware owned by the Pidgin Host or one of direct suppliers. The guarantee is in no case applicable to external network problems that might cause local perturbations for some internet service providers. The guarantee is in no case applicable, without being limited, to unavailability caused by hardware or software malfunctions, unavailability caused by the application of the acceptable use policy, to a network slowdown, to planned maintenance activities or to any event that is not directly under Pidgin Host's direct control. Any request for credit concerning a problem other than network uptime will be analyzed and treated individually as an independent request which is not subject to the network uptime guarantee.
100% Power Uptime
The guarantee is limited to electrical power unavailability due to hardware directly owned and operated by the Pidgin Host or one of its direct suppliers. Any request for credit concerning a problem other than electrical power supply will be analyzed and treated individually as an independent request which is not subject to the electrical power supply guarantee.
Claim Procedures
The guarantee is limited to the network and power unavailability. All reclamations concerning this guarantee must be done through support tickets. All requests must be made within seven (7) days following the end of the month in question. Reclamations must include the starting time of the unavailability, the time when services came back to normal and at least 3 'traceroute' commands taken during the unavailability. The request will be processed within 10 to 15 days following its reception.
Guarantee Contract
The guarantee is automatically valid for all of Pidgin Host subscribers. Pidgin Host reserves the right to modify the present guarantee at any time, without notice. The modifications will be shown on this page.
Applicable to all Pidgin Host clients
By signing up for Pidgin Host services, or by using any other means of subscription including subscription via a third party, a sales representative or commercialization partner, you benefit from the present hardware replacement guarantee if you are billed directly by Pidgin Host. As certain restrictions apply, please read the detailed description.
Who may benefit from the guarantee?
The following guarantee is applicable to the renewable services offered by Pidgin Host and that include computer hardware rental which can be found in the dedicated servers section of Pidgin Host's web site.
Guarantee Terms
Pidgin Host guarantees to its dedicated server clients that defective hardware will be replaced within 6 hours of signaling the problem via phone or support ticket, regardless of the time of day. In case of hardware unavailability, a temporary server of similar specifications (if available) will be offered to the client. If the hardware replacement has not be completed within 4 hours and a temporary server has not been made available within this same delay, Pidgin Host will compensate its clients with a credit equivalent to one day for the first 15 minutes of unavailability after the first 6 hours and one day of credit for each of the following hours. The credit can be claimed up to the monthly amount paid for the service.
Exclusions
The guarantee is limited to the hardware owned by Pidgin Host and rented by the client. The guarantee provides for the defective hardware's replacement and the basic reinstallation of the operating system (if necessary). Once back online, the server will be identical to when it was first delivered. This guarantee does not include data backup nor data restoring. The guarantee only applies to critical hardware failures that affect the server availability.
Claim Procedures
All claims concerning this guarantee must be done using the support ticketing system. All requests must be made within seven (7) days following the end of the month in question. Claims must include the time of the start of the unavailability, the time of the return to normal, the name of the client, the client's main domain name and the client's account number. The request will be processed within 10 to 15 days following its reception.
Guarantee Contract
The guarantee is automatically valid for all of Pidgin Host subscribers. Pidgin Host reserves the right to modify the present guarantee at any time, without notice. The modifications will be shown on this page.
  1. Terms
    1. The following terms and conditions apply to all business relationships between the customer and Pidgin Host, following named as .us.. The governing law is that which was valid when the contract was put into effect.
    2. Dissenting, conflicting or additional customer terms and conditions, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.
    3. The various top-level domains (.domain suffixes.) are administered by a multitude of different, mostly national, organisations. Each of these organisations allocating domains has different terms and conditions for registration and administration of top-level domains, their respective sub-level domains and the procedures for domain disputes.
  2. Conclusion of the contract
    1. Our offers are subject to change. We reserve the right to make technical and other changes within reason.
    2. Upon ordering, the customer is bound to the tentative offer. We will confirm the receipt of the customer's order immediately. The confirmation is not contractually binding. The confirmation and acceptance of the contract may be incorporated together.
    3. We are entitled to accept the offer of a contract (the order) within a period of 5 working days after receipt. We are also entitled to reject the order after examining the reliability of the customer.
  3. Scope of services
    1. As far as the subject of the contractual relationship is concerned regarding the registration of domain names, we conduct the procurement of the desired domain only. For the actual allocation of the domain name, the customer can only expect it if this is confirmed by us. We do not have any influence over the allocation of the domain. A liability and warranty for the actual allocation of ordered domain names is therefore excluded.
    2. We guarantee an annual average of 99% network availability for the infrastructure of our computer center. If the security of the power supply network or the maintenance of network integrity is in jeopardy, we can temporarily restrict access to the service as required.
    3. The services offered are those valid at the time of the order based on the offer information, the order form and the applicable monthly special offers.
    4. If the customer wishes to be registered with search engines (online search engines of Internet content), we are only responsible for mediation. The operators of the search engines are solely responsible for the date and time of the admission to the search engine.
  4. Data integrity
    1. Where data is transmitted to us, the customer is to back up their data regularly. The server will be backed up regularly by us when this is part of the offer. In the case of data loss, the customer must transfer the respective databases to us again free of charge.
    2. The customer is obliged to carry out a complete data backup before any changes are made.
    3. The customer will receive an user ID and password for security purposes. This must be kept confidential. The client will be held liable for any malpractice resulting from the unauthorized use of the password. If the customer becomes aware that unauthorized third parties know the password, they have to inform us without delay. If the customer is at fault for third-party password abuse, the customer will be liable for all user fees and damages. In suspicious cases the client is able to request a new password, which we then send on to the clients.
  5. Published Content
    1. It is the customer's responsibility to identify the Internet content as their own or as third-party content. The customer's full name and address must be present. Further obligations may result from the provisions of the Telecommunications Act and Teleservices Act. The customer is obliged to examine these provisions and to comply with them.
    2. The client undertakes not to publish content that may violate the rights of third parties or otherwise violate the law. The placement of erotic, pornographic, extremist material or material not deemed in good taste is not permitted. We are entitled to block access to the account of any customer who violates this. The same applies in the event that the customer publishes content which is capable of violating the rights of individuals or groups of people, or that insults or denigrates these people. This applies even without an actual legal claim. We are not obligated to review our customers' content.
    3. The sending of spam mail is forbidden. This includes in particular the sending of illegal, unsolicited advertising to third parties. With regards to the sending of Emails, it is forbidden to provide false sender information or to conceal the identity of the sender by other means. We are entitled to block the access if it is not respected.
  6. Liability
    1. For direct damages, secondary damages or lost profits due to technical problems and disturbances within the Internet that are not in our sphere of influence, we assume no liability.
    2. With regards to contractors, we are not liable for minor negligence of contractual obligations. This does not apply to all cases of personal injury and is in accordance with the product liability law. For indirect damages and loss of profits, we are liable only in cases of intentional or gross negligence. In this case we are liable only for the contract-typical predictable damage, a maximum of 100% of the annually fee.
    3. If the customer.s web content is in violation of paragraph 6 of obligations, particularly in violation of legal prohibitions or morality, they shall be liable to us for all of the resulting direct and indirect damages, including property damage. In addition, the customer agrees to free us from all claims by third parties . no matter which kind . that may result from illegal internet content. The exemption obligation includes liability for all legal defence costs (e.g. court and attorneys' fees).
  7. Terms of payment
    1. The current valid prices are accessible at any time at http://www.pidginhost.com.
    2. Depending on the contractual agreement, a monthly, quarterly or annual account will be issued. Monthly payments are conducted solely by issuing a debit authorization. All other payments are carried out through issuing an invoice. Payment is due immediately upon receiving the invoice.
    3. We are entitled without warning to deduct default interest on all overdue payments as indicated on the invoices. If the client is a consumer/end-user, the amount of interest charged will be 5 percentage points above the base rate. If the client is a contractor/business, the interest charged will be 8 percentage points above the base rate.
    4. We are also entitled, in case of default payments, to block the internet presence of the customer and to block all other functions.
    5. Invoices are sent by Email as attachments, on request with qualified signature. To receive invoices by ordinary post we are entitled to charge a reasonable service fee. For retrospective changes to invoices, which come about due to no fault of ours, we are entitled to charge a reasonable service fee.
  8. Contract duration/cancellation/place of execution
    1. Where not otherwise contractually agreed, the contracts are in place for an indefinite period of time.
    2. The contract is cancellable without giving reasons by both parties at any time during a period of 30 days to the end of the month, but at the earliest on expiry of the minimum contract period stipulated in the contract. A cancellation can only be done in writing by letter or via the secure online administrations area.
    3. We are also entitled to terminate the contractual relationship for good cause without notice. One important reason for termination would be in the case of two consecutive months that the customer did not pay a substantial part of the compensation owed. Another important reason, among others, can also be that the customer contravenes or ignores warnings about infringement of the requirements of section 6. Another important reason, that can result in block or determination without notice, may be that the customer uses content, which affects the performance or the safety of the server.
    4. If the client intends to devolve his contractual rights to another person, he requires our consent. Devolution of contractual rights can only be done in writing by letter, fax or via the secure online administrations area, provided this option is available. When devolution is carried out by letter or email, the previous and the new contract partners must both provide a signature.
  9. Cancellation terms
    1. Right of withdrawal

      You can revoke your contractual statement, without stating reasons, in written format (E.g. by letter or Email) within 2 weeks. The period begins on receipt of this instruction in written format. Ensuring the revocation period depends on the timely sending of the revocation. The revocation should be addressed to: Pidgin Host at support@pidginhost.com

    2. Consequences of withdrawal

      In the event of a valid revocation of this agreement each party shall return to the respective other party the benefits received. Your right of withdrawal expires prematurely, if the contract is completely fulfilled by both parties at your specific request, before you have practiced your right of withdrawal. Obligations regarding refunds must be fulfilled within 30 days. The period begins for you on sending your revocation, for us upon receipt thereof.

  10. Queries and complaints

    Queries and complaints should be addressed to Pidgin Host at support@pidginhost.com

  1. Our data protection practise conforms to the Federal Data Protection Act (BDSG).
  2. Personal data of customers will only be collected and used, if they are required for the creation, content arrangement or modification of the contractual relationship. The client is obligated to update these data in its online administrations area.
  3. The client.s Email address will only be used for information on orders, for invoices and . provided that the client does not object . for customer care as well as for our newsletter, if the client so wishes.
  4. We do not give any personal client information to third parties, with the exception of our service partners as far as they are required to determine the remuneration and settlement with the customer.
  5. The client has the right to information and a right to amend, to suspend or to delete his saved information. If deletion conflicts with a legal or contractual duty to save information, or other legal grounds, the information will be made inaccessible.