2.6 Delivery Policy
LyraHosting is an Intellettual property of Lyra Technolongy
1. Delivery of Services and Terms
Customer complies to pay LyraHosting. the fees taken by LyraHosting. for (1) the Service(s) while the Initial Term & for any of the Renewal Term, & (2) precise equipment & limited services required by Customer on an emergency (aka Supplemental Services) or “one-off” basis where these sort of services aren’t included in the scope of the Services as explained in the Order Forms. Customer approves to pay LyraHosting. the fees taken by LyraHosting. for Supplemental Services, therefore, authorizes LyraHosting. for performing such services for them.
LyraHosting. approves to offer & supply services for the Customer, subject to the following ToS (Terms of Service).Using LyraHosting service forms agreement & acceptance to our ToS (Terms of Service). We hold the right to bring changes to the offered ToS (Terms of Service) as required, with no notice to our clients.
2. Usage of LyraHosting. Services
For making sure the efficiency & integrity of all the services offered by LyraHosting., every one of the Customers have to follow the service terms given down below.
2.1 Server Storage & Bandwidth
Customer might only take up the allotted bandwidth, disk space, & Mbps speed, as explained in the Order Form. Extra fees would be charged because of going beyond such resources. If these resources are exaggerating to the point that it’s interrupting other account holders at the same server, LyraHosting. holds the right of deactivating the service till a resolution is found.
2.2 Sharing Account Resources
We let a Customer to share his/her account resources with other account-less users. That being said, it’s strongly prohibited to distribute (for free) and/or sell them by LyraHosting. within or on top of an existent account with LyraHosting. Consequences might cause permanent suspension of service.
2.3 Unnecessary Usage of Resource And/or Abuse
Any of the account that strikes to full-function of operation of any of the other services offered to the Customers might encounter a temporary suspension till a resolution is met.
2.4 Acceptable Use Policy
2.5 Server Vulnerabilities & Updates
Actions outlined in the Acceptable Use Policy
are strongly prohibited. If any measures among these are spotted, all of the related accounts would get terminated permanently & there would be no refunds given.
The client approves of granting LyraHosting’s permission for launching close vulnerabilities & forced updates in every possible way for protecting & ensuring the security of all LyraHosting servers & clients. The company holds the right of using all the choices it has for stopping the vulnerabilities in older version of software that might threaten other clients or gets used to performing illegal things using the company servers.
All the services of our Store have an instant activation time. The details will be sent by e-mail to the mailbox indicated during registration after a few minutes from the payment of the order.
Please note that for dedicated servers, due to some errors in the form, delivery can delay up to 24 hours.3. Fees & Payment Terms
Customer would pay up all of the fees due in accordance to the terms & prices given in the Order Form(s) & all of the other fees obtained by the Customer associated with the Professional Services, Supplemental Services, reinstatement of service fees & charges for changing or upgrading services – all according to the current LyraHosting. policies & prices.
3.1 Invoice Notifications
LyraHosting. would send any of the invoices to the prime email address of the owner of the account basing on the service terms. LyraHosting. can’t assure this email would get received by the client. As a choice, we offer the Customer a Billing Control Panel (also known as a Client Portal) where the invoices of the service can be reviewed & paid.
3.2 Suspensions and Termination
Any of the payment not received in 3 days of the invoice due date, LyraHosting. holds the right to ban the service with no notice of it. If the payment confirmation isn’t received after 14 (fourteen) days, , LyraHosting. holds the right of terminating the service, & ultimately removing all of the existent content (files, emails, data, etc.), with no further notice.
3.3 Account Cancellations
Customers who aren’t under agreement have the option of cancelling their account at any billing cycle. Account cancellations have to be made 4 (four) days in advance, at the least, through our Client Portal / Billing Control Panel. LyraHosting. won’t be responsible for extra charges taken after cancellation. You are responsible to cancel subscription payments on cancellation. Incase you are charged the amount will be added to your account balance which will be only used for buying new services or payment for existing services no refund will be issued on credit balance.
4. Intellectual Property Ownership
This agreement doesn’t transfer from LyraHosting. to Customer any LyraHosting. Tech, & the whole right, interest, & title to LyraHosting. would stay solely with LyraHosting. Customer & LyraHosting. both agree that it won’t, directly/indirectly disassemble, decompose, reverse engineer, or otherwise try to get source code or other trading secrets from the opposite party and/or the 3rd party vendors.
5. Limited Warranties
Every one of the guarantees given in the Order Form(s) void & null if Customer doesn’t abide by LyraHosting. ToS, or, breaks the Agreement in some way.
5.1. No Other Warranty
LyraHosting. doesn’t observe or take control over the content of the info transmitted via its structure. Usage of services, or some info that might be gotten there from Customer’s personal risk. The services are offered on an ‘as is’ basis, & customer’s usage of the services at their personal risk. Apart from the way it’s given in the order form(s), LyraHosting. doesn’t make, & herewith disclaims, any & all of the other expressed and/or implied warranties, which includes, but isn’t limited to, merchantability warranty, fitness for a specific cause, title & non-infringement, & any sort of warranties coming up from a course of using, dealing, or trading practice. LyraHosting. doesn’t guarantee the services of being uninterrupted, completely secure, or error-free.
5.2 Disclaimer of Actions Caused By And/or Under the Control of 3rd Parties
LyraHosting. does not doesn’t & can’t control the course of the info to/from LyraHosting. network & other parts of the Internet. Such a flow hinges on big part on the service of Internet services controlled or offered by 3rd parties. Sometimes, inactions or actions of such 3rd parties can disrupt or impart Customer’s connections to the Internet (or parts of there). LyraHosting. can’t guarantee that this sort of events wouldn’t occur. In the same way, LyraHosting. denies any & all liability causing from or associated with this sort of events.
6. Limitations of Liability
In no event, should LyraHosting. be responsible for damages causing from loss of profits, data, use of the LyraHosting. website or any services of LyraHosting, for any indirect, incidental, consequential, or punitive damages in relation with this agreement or in relation with any of the services or products offered hereafter. In no event should LyraHosting. accumulative liability surpass a count bigger than clients’ relevant hosting costs (lower set-up costs, overages, & registration). You agree to defend, infemnify, & consider harmless LyraHosting. from all of the penalties, liabilities, costs, damages, attorney fees, costs, reasons of action and/or claims generated by or coming out indirectly from your usage of the services.
Backup. Customer would be accountable for backup & other defenses of its data against damage, loss, or destruction. LyraHosting. would hold no liability or obligation in terms of damaged, lost, or demolished data.
7. Payments, Cancellations, & Refunds 7.1 Payments
All of the invoices have to be paid in three days after the invoice has been issued, for avoiding getting services suspended. On these days, you’d get emails along with reminder notes of paying, if it hasn’t been processed. Service suspension would be performed on the third day after invoice has been sent. The Termination of the services would be performed on the 15th day after invoice has been sent; meaning that, the service we provide would get cancelled & your data won’t be available anymore.
For terminating your service, you have to cancel it through our Client Portal / Billing Panel. You can do it by singing into https://my.LyraHosting.com
. A Customer can request cancellation too to the ticket system that can be accessed via the Client Portal (Billing Panel). A Customer has to be singed into his/her account that’s using the service for verification reasons. In cases of PayPal subscriptions, apart from requesting cancellation through our billing panel at https://my.LyraHosting.com
, you have to cancel any of the active PayPal repeating payment subscriptions by logging into your PP account & requesting the cancellation straight to PayPal. Since LyraHosting. doesn’t have access to client’s PayPal ID, we can’t & won’t be responsible for accidental payments paid from using the automated payment subscription service. That said, we do not offer refunds for accidental payments once the cancellation has been requested it will be added to your credit balance. Cancelling the account eradicates your site’s files out of our services. Make sure you’ve got copies of any of the files you desire to keep prior to you cancel out your account.
LyraHosting. comes with a money back guarantee of 30-days which is applicable for all shared hosting plans. There won’t be given any refunds to payments done with Bitcoin or altcoins. Also, there’s no refund for payments done for any sort of control panel licenses or domains. After the 30 days from the first date, partial or full refund, or calculated refund isn’t available anymore. LyraHosting comes with a money back guarantee of 7-days which is applicable for all VPS and Semi-Dedicated Server and applies to first time purchasers only. There won’t be given any refunds to payments done with Bitcoin or altcoins. Also, there’s no refund for payments done for any sort of control pane licenses or domains. After the 7 days from the first date, partial or full refund, or calculated refund isn’t available anymore. There are no refunds for compensations done with Bitcoin and altcoins. There won’t be given any refunds to “Add Funds” for compensations done with all payments method.Costumers makes an order for our services for getting involved in illegal measures, or measures that’ve been forbid & been put on our prohibition list, we LyraHosting, hold the right of refusing to refund this client. What’s more, we’ve got the right to terminate his/her client with no prior notice.
7.4 PayPal Chargebacks
If the client has made a chargeback on one of the PayPal payments before the cancellation of his LyraHosting offerings, as well as with no notice to LyraHosting. & with no attempt of reaching a resolution, he/she isn’t entitled to a refund of the chargeback. We refer to this measure as fraudulent as the services keep operating on LyraHosting. for an indecisive amount of time.
7.5 Intl. Bank Transfers
If you’re wiring money straight to LyraHosting.’s bank account from a country out of the EU, the payment would be taken as an International Bank Transfer transaction. All of the invoices paid off through this process was essential for paying an extra fee of 14 euros.
8. Scheduled Downtime
Scheduled downtime happens throughout notified downtime phases, along with as much warnings as possible beforehand through email with a 24h notice, at the least. Downtime caused by network upgrades won’t be allowed for refund. LyraHosting gives you no guarantee/warranty at all about the service,& to the extend permissible by the applicable law, denies all warranties, which includes the implied merchantability warranties, fitness for a precise cause, & non-violation.
9. Applicable Law & Conditions
9.1 The whole contract between LyraHosting. & Customer are governed only by Dutch law. Any of the applicability of the Vienna Sales Convention would get excluded.
9.2 Such general ToS & any of the Service Order should be interpreted according to the Dutch Law. Any of the disputes that come up from or in connection to a Contact should be brought before Amsterdam’s court exclusively.
9.3 The Customer should monitor all of the Laws, codes, rules & regulations valid in Netherlands about the use of Hosting Services & the sorts of Hosted Materials.
10. Terms of Service
LyraHosting. holds the right for changing the terms set forward for its clients at any period, with no sort of notification to our clients, general public, or non-clients. Customers are always bound to terms that are set forward. In n case should LyraHosting. or its staff’s shortage of enforcement of such terms establish a discharge of such terms at any moment.