Service Agreement

The following Service Agreement (TOS or Agreement) apply to all services provided by FastComet (we, us, our) to you, the customer. By purchasing services from us, you agree to these terms of service.

Orders

In order for a Visitor to become a Customer, an order must be submitted via FastComet billing system. During the submission of the order, the visitor is responsible for the accuracy of all the provided information. Errors during the sign-up process due to order information inaccuracy may lead to service activation delays or rejection.

You must be over the age of 18 at the time you place your Order.

All orders will be scanned for fraud activity and might be held for manual human verification process. You may receive a notice that your order has been rejected in case it fails to pass our Fraud Verification process. In such cases, no order will be accepted, and no service will be activated until the issue is resolved by manual verification. We may or may not make a reasonable effort to contact you via the provided contact information during the order process to verify your order, and it is your responsibility to contact a company representative via Live Chat, Phone or Email to have your order verified.

The Company is under no obligation to provide any service which is not explicitly included in the order.

The Visitor must follow all requirements to submit their order and provide accurate information during the sign-up process. In case any issues occur during the process, the Visitor or the Customer is responsible for informing the Company. The company cannot be held responsible for any issues caused by incorrectly submitted order or for any issues that the Visitor has not yet informed the Company.

Account Ownership

The personal information which has been submitted during the sign-up process will be set and available under the "My Details" section of the Customer's client area. The individual or entity set in the My details section is considered to be the account owner. It is a Customer's obligation to ensure that the correct details are set under this section. It is a Customer's obligation to keep the contact details such as first name, last name, email and phone up to date and to make sure they have access to the contact email address which is used for Client Area/Account login username. The company is under no obligation to provide any access, data, or service related to the account in case the Client is not able to access their Client Area/Account due to lost access to their email address or password.

If there is a dispute about the ownership, the account will be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.

Payments

Upon submitting an order, an invoice will be generated. No service will be activated until the payment for the order, under which the specific service is added, is submitted. Invoices are due immediately upon receipt, and all fees are net of applicable fees. The Customer is responsible for any additional fees or taxes that might be applied to you by your bank or payment service provider such as but not limited to currency conversion.

All services provided by the company are automatically set on recurring billing, and an invoice will be issued at least 7 days before the service expiration date except the services that are explicitly advertised as "One-time" services.

In case any of the services set on recurring are not explicitly canceled and discontinued by the customer in compliance with the "Cancellation and Refunds" policy, the Customer will be charged the applicable fee for the service renewal based on its billing cycle and regular service price.

In case an automatic renewal charge fails, and you fail to renew or terminate the service, we will make additional attempts to charge your credit card(s). We will attempt to charge the primary credit card on file first. Should the primary credit card fail, we will retry billing other credit cards on file in the order listed in your Client Area. In case we are not able to charge any of the available credit cards, the service will be suspended until the payment is submitted by the Customer.

The Company is not responsible for any loss including files, emails, domains or lost profits as a result of service suspension or termination due to no renewal or because your credit cards on file have expired or are no longer valid for any reason.

Any service which is not either Shared Hosting Package, Cloud virtual private server, or a Dedicated Hosting server is considered as Extra Service. All Extra services are non-refundable. For some extra services, additional Terms of service may apply available at Third-party Services Terms.

The client understands and agrees that service upgrades are performed via separate orders associated with a stand-alone invoice. Invoices related to service upgrades are due on the same day, and service upgrades are performed only after the payment is submitted. In case such invoice is not paid by the customer at the time of the order the payment due may be automatically processed in 24h if the client has not requested otherwise.

US Sales Tax

Starting January 22, 2024, FastComet will begin applying state sales tax to all applicable orders, ensuring compliance with US sales tax regulations. Reviewing your state's taxation policies for specific rates is important, as they can vary.

If your company qualifies for a tax exemption, please contact our Billing team over a ticket and provide them with documentation that proves the exemption so your tax surcharge can be removed from our orders

Price Formation and Renewal

The terms "Sign up Price", "Initial Price", "Promotional Price" and "Special Price" apply for the price of the first invoice only and the initial term of the service.

The terms "Renewal price", "Regular Price" and "Standard Price" apply for the price of any renewal invoice once the initial term is over.

The Customer acknowledges that any special initial price applies for the first invoice only. Once your initial term is over regular renewal prices apply.

FastComet Services price formation is based on but not limited to three main factors which may or may not be under the direct control of the company – infrastructure costs, cost of labor for services involving human labor force, and the price of third-party services or products that are directly or indirectly related to the FastComet services normal operation. A list of services involving human labor is available on our Support page and a list of third-party services and products that may or may not directly affect FastComet pricing is available under the Third-party Services Terms. Both FastComet Support page and the Extra Service page do not represent the full list of services and products provided or used by FastComet.

FastComet preserves the right to change the price of any product, service, or their corresponding recurring, renewal, or setup fee in case of substantial price fluctuation of any of the price formation factors. In case such change occurs, FastComet will make a reasonable effort to notify the client at least 7 days in advance before their product due date and renewal via email and the company blog.

FastComet preserves the right to change the terms of any promotion at any time in case there is a substantial price fluctuation of any related or price formation products.

The current service fee(s) and the available payment method(s) are listed on our website. The Customer acknowledges and agrees to pay the fee for the respective Service(s) indicated on our website at the time you submit your Order. FastComet reserves the right to change the fees and plans at any time without notification. Changes in fees shall be effective immediately and will apply for you as of your next purchase or renewal.

The Customer acknowledges that all products will be renewed on the Renewal/Standard/Regular price listed on our website after the end of the initial billing cycle/term.

The Customer acknowledges that all promotional discounts apply only to the initial billing cycle/term of the service. All services will be renewed on the Renewal/Standard/Regular price listed on our website.

Service Activation

All services are considered active right after the payment for the service is submitted. Service activation and service availability might or might not occur simultaneously. Only services explicitly advertised as "immediate activation" are available immediately after the payment for the service is submitted and it is set as active.

Services such as Virtual private servers and Dedicated Servers as well as additional extra services that require technical time to be set up or completed might have longer activation time. Order and service status does not imply any service availability status. Upon service activation, a written confirmation will be sent to the Customer via the support ticketing system or email notice.

The company is not responsible for any delays in service activation caused by incorrect or incomplete information provided by the Customer. The company is responsible for providing the service as fast as technically possible and certain compensation may be issued to the Customer in case we fail to do so considering our SLA.

Resource Usage

The customer is responsible for maintaining and using their services in a proper manner to assure the trouble-free operation of the hosting environment and other customers' accounts located in the same environment. This requirement sets certain resource usage, and activity limitations apply either by the law, the Company Terms of Service or the resource usage restrictions listed in the product pricing table and Resource Usage agreement.

Providing Technical Support Policy

FastComet provides free technical support as a complimentary service to all hosting and extra services. The technical support service is an additional service not included in the hosting service upon sign up. This means that the company will act in best fate to assist in any technical or non-technical matter to the best of our knowledge and staff availability when feasible without any guarantee or commitments except for the services explicitly noted in hosting services features set.

In case any technical or non-technical issue arise which cannot be resolved by the company support staff, the company is responsible for providing as much as possible information on the issue as well as a detailed report on the reasons for not being able to assist further. Despite the fact that we committed to resolve all technical problems a customer might experience, we may refuse technical support service or apply additional service fees in one of the following cases:

A technical issue related to a third party product or software.
A technical issue requiring an excessive amount of time.
A technical issue that requires development work or in-depth debugging and code analysis.
If the customer has submitted an excessive number of support requests for the past billing cycle of their service.
Any technical or non-technical case for which providing assistance is not financially, technically, or physically feasible for the company.

The Customer acknowledges that by asking our technical representatives for technical assistance, they authorize their intervention and operation in the Customer's hosting account, cPanel and/or Client Area or any related domain.

The Company will do its best to provide the requested technical support in the time frame expected by the Customer and to achieve the results required by every particular request. The Company, however, has no obligation to complete the requested task by any deadline or achieve any particular outcome or result.

The Company reserves the right to refuse technical support service.

The Customer acknowledges that any technical support services listed or mentioned on any page of FastComet's website may not be completed successfully or may not be provided at all if they are not financially, technically or physically feasible for the company.

Uptime, Availability, and Compensation

FastComet will use reasonable efforts to make the Covered Services available with a Service Uptime of at least 99.9% (the "Service Uptime Warranty" or "SUW"). In the event that FastComet is unable to meet the SUW, and Customer satisfies the conditions of this SLA, Customer may be eligible to receive Service Credits.

A "Service Credit" shall be the percentage of the monthly invoices charged to Customer for a Covered Service Instance (the " Service Credit Percentage ") that suffered Service Downtime during the applicable month.

We guarantee that our Public Network will be available 100% of the time in a given month, excluding scheduled or emergency maintenance. Otherwise, we apply a 10% service credit of your monthly fee for each hour of network downtime, up to 100% of your monthly fee for the affected service.

We guarantee that your website/server will be available 99.9% of the time in a given month, excluding scheduled or emergency maintenance. Otherwise, we apply a 10% service credit of your monthly fee for each hour of network downtime, up to 100% of your monthly fee for the affected service.

In no event shall the value of any Service Credit for any given month exceed 100% of the fees invoiced for the applicable Covered Service Instance during such month.

The calculation of network availability is based on FastComet internal records. We will not accept third-party reports as evidence that you are entitled to compensation under this agreement.

Service Exemption

In the event that a Covered Service Instance is not available due to a Service Exemption, then (a) the associated period of unavailability shall not be deemed to be Service Downtime, (ii) such Covered Service Instance shall be deemed available; and (c) Customer shall not be entitled to any Service Credits herewith. A "Service Exemption" shall include unavailability, delays, disruptions, or downtime caused by:

A scheduled or planned Maintenance Event (defined in Section Maintenance Events), provided that FastComet has given Customer at least two (2) days' advance notice, which shall be sent to the email address registered by Customer in its Account;
Factors outside of FastComet's reasonable control;
Use of any FastComet Services, by Customer or any Customer End User, which is in violation of the MSA, this SLA, or applicable laws;
Force majeure events, including without limitation, acts of war, acts of God, natural disaster, pandemic, utility outages, denial of service attacks, failure of communication lines and/or the Internet, and the occurrence of vulnerabilities or exploits which could not have been avoided with commercially reasonable care;
Customer's software, equipment, or technology, and any interaction therein with any FastComet Services; or
Third-party equipment, software, or technology, and any interaction therein with any FastComet Services.
Downtime during upgrade/downgrade of your VPS or Dedicated Server resources;
Downtime caused when you reach the maximum resources allocation for your plan;

Maintenance Events

From time to time, FastComet may perform repairs, replacements, upgrades, updates, patches, fixes, or other maintenance which may delay, disrupt, suspend, or otherwise affect FastComet Services (individually a "Maintenance Event" and collectively the "Maintenance Events"). FastComet will use reasonable efforts to attempt to minimize the impact of Maintenance Events but shall have sole discretion in determining the need for, and scope of, any Maintenance Event.

Extra Services and Third-party Services

All or some FastComet services may or may not include third-party software or services as a part of the hosting packages or services that improve the user experience or add additional functionalities, features or security/performance improvements. By using FastComet hosting services, the Customer acknowledges that some features or functionalities may be a part of third-party service or software, not developed or maintained by FastComet.

A list of third-party services is available for review under the Extra Services and Third-party Services section of this ToS. The Customer acknowledges that this list may not include all extra or third-party services and software.

The Customer acknowledges that FastComet is not responsible for the availability, maintenance, or the official support of these services and can not guarantee their functionality.

Promotions

Any product or service may be a subject of additional terms of service or conditions based on the Promotions Terms of Service available under the Promotions ToS.

The Customer acknowledges that the Promotions ToS may not represent a full list of all promotions. The Customer has the right to receive full information on the terms of any promotion or free, bonus or discounted feature/product upon request by contacting FastComet Sales agent via FastComet Live Chat available at https://www.fastcomet.com.

Limitation on Company Liability

FASTCOMET SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE PRODUCTS AND SERVICES BY THE CUSTOMER OR ANY THIRD PARTIES OR ANY FAILURE OF THE PRODUCTS AND SERVICES OR (ii) ANY LOSS OF DATA OR CORRUPTION OF DATA, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, SERVICE INTERRUPTIONS, FAILURE OF FASTCOMET NETWORK, RECLAMATION OF SERVERS BY FASTCOMET, FAILURE OF SERVERS, THE RELOADING OF AN OPERATING SYSTEM OR OTHER SOFTWARE ON A SERVER OR THE NEGLIGENCE OF FASTCOMET. CUSTOMER IS SOLELY RESPONSIBLE FOR SAFEGUARDING, BACKING UP AND ARCHIVING ALL DATA OWNED, CONTROLLED OR TRANSMITTED BY CUSTOMER THAT RESIDES ON FASTCOMET NETWORK OR ANY SERVER OWNED OR OPERATED BY FASTCOMET. IN NO EVENT SHALL FASTCOMET AGGREGATE LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER TO FASTCOMET IN THE BILLING CYCLE IMMEDIATELY PRECEDING SUCH CLAIM. FASTCOMET PROVIDES ALL PRODUCTS AND SERVICES "AS IS", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

The Customer is responsible to regularly review and comply with all Terms of Use.