Terms of Service

Table of Contents  
1. Scope 
2. Provider Services 
3. Changes in Services 
4. Conclusion of contract 
5. Customer Obligations 
6. Remuneration and Terms of Payment 
7. Term and Termination 
8. Liability 
9. Amendment of the GTC 
10. Governing Law, Jurisdiction
11. Refund Policy 

1. Scope  
1.1 These General Terms and Conditions (hereinafter “GTC” "In English version") of Best 4 WP (hereinafter “Provider”) apply to all contracts that an entrepreneur (hereinafter “Customer”) concludes with the Provider with regard to the services presented by the Provider on its website. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.    

1.2 These terms and conditions also apply exclusively if the provider carries out the service for the customer without any special reservations in the knowledge of conflicting or deviating conditions of the customer.    

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a Company or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.    

1.4 Entrepreneurs within the meaning of these GTC are also authorities or other institutions under public law if they act exclusively under private law when concluding the contract.       

2. Provider Services  
2.1 The provider provides services to make content accessible via the Internet. For this purpose, he makes system resources available to the customer on a virtual server. The customer can store content up to a certain extent on this server. The exact scope results from the service description of the provider.    

2.2 The content is made available on the server under an Internet domain assigned to the customer for retrieval via the Internet. The services of the provider in the transmission of data are limited solely to data communication between the transfer point operated by the provider of their own data communication network to the Internet and the server provided for the customer. It is not possible for the provider to influence data traffic outside of its own communication network. A successful forwarding of information from or to the computer querying the content is therefore not owed in this respect.    

2.3 The Provider's online service is offered subject to availability. 100 percent availability is not technically feasible and the provider cannot therefore guarantee the customer. However, the provider endeavors to keep the service available as constantly as possible. In particular, maintenance, security or capacity issues as well as events that are beyond the Provider's control (disruptions to public communication networks, power failures, etc.) can lead to disruptions or the temporary shutdown of the service.    

The provider provides the aforementioned services with a total availability of 99%. The availability is calculated on the basis of the time allotted to the respective calendar month in the contract period minus the maintenance times. The provider will, as far as possible, carry out the maintenance work during off-peak times.    

2.4 The content of the storage space intended for the customer is regularly backed up by the provider. Details on the frequency and procedure of the backup result from the service description of the provider. The customer has no right to the release of one of the backup media, but only to the transfer of the backed-up content back to the server.    

2.5 The provider is entitled to adapt the hardware and software used to provide the services to the current state of the art. If, as a result of such an adjustment, there are additional requirements for the content stored by the customer on the server in order to guarantee the provision of the provider's services, the provider will inform the customer of these additional requirements in good time. In this case, the customer must inform the provider no later than four weeks before the changeover time whether he will adapt his content to the additional requirements in good time - i.e., no later than three working days before the changeover time. If the customer refuses to adapt his content or if he does not declare this to the provider within the aforementioned period, the provider can terminate the contractual relationship with effect from the time of the changeover.    

2.6 The provider also takes over the procurement of the Internet domain(s) under which the customer's content is to be made available. For this purpose, the customer has to name the internet domain(s) he/she wants. The provider assumes no liability for the availability of the desired domain(s) or the non-violation of third-party rights (e.g. rights to names, trademarks or titles) by registering the desired domain(s) on the customer. If the desired domain(s) is (are) no longer available, the provider will inform the customer immediately and submit up to three alternative suggestions that come as close as possible to the domain originally desired. The customer must then decide on one of the alternative proposals within a reasonable period of time set by the provider. If the customer allows the reasonable period set by the provider to elapse without result, the provider is entitled to select a domain for the customer. The provider is not responsible for obtaining rights to domains that have already been registered for third parties by the responsible registry. The integration of an external domain managed by another provider is not permitted. The provider has to register the domain in the name and for the account of the customer. In particular, when selecting the domain name and the registration office and when negotiating the conditions, the provider must independently protect the customer's financial interests and use his expertise in the customer's service. He must provide the customer with information and account for the status and progress of his undertakings in this matter at any time upon request. All rights and naming rights acquired on the domain belong to the customer. 

2.7 The provider guarantees to offer the Content Delivery Network (CDN) service to all shared hosting plans which include this service, as listed on our website. However, please note that this service is restricted to a single domain for each hosting plan. Customers have the liberty to choose which hosted domain should benefit from this service via the service subscription form. If a customer does not specify the domain, the provider will automatically assign the CDN service to the main domain of the hosting plan.

2.8 The provider pledges to include a free domain, with free renewal, for the entire subscription period of any hosting service plan that includes this offer, as specified on our website. However, if a customer decides to cancel their hosting service subscription before the renewal period of this domain has ended, they will be responsible for the full cost of the domain's yearly renewal.

2.9 AI Team Club Membership:
The provider offers a complimentary one-month membership to the AI Team Club website for all shared hosting plans that including this service. This membership encompasses benefits available to subscribers of paid plans, including access to all 22 AI Team members (expandable), utilization rights for all claims class scripts, and separate renewable monthly plans allocating 25,000 Credits to AI Team Club members and 20,000 Credits to dedicated AI agent users. Premium help desk support and regular updates are also included. In case of exceeding the monthly quota for AI Club subscribers or Dedicated AI Agent users, additional charges will apply as per the rates specified in our plans, with each additional 1,250 credits incurring a $1 fee, and potentially subject to tax based on your country's regulations. The minimum additional monthly consumption calculation is $1. Moreover, in strict adherence to the EU Privacy Policy (GDPR), no chat logs of AI Team Club members are retained; all conversations are routinely deleted and not stored. The provider reserves the right to adjust the annual and monthly subscription fees pertaining to plan subscription prices, with such adjustments affecting future bookings and not retroactively impacting previous service holders. Additionally, the provider retains the right to modify or discontinue these plans due to external reasons related to the artificial intelligence engine. In such instances, participants in paid plans will be compensated, and the amounts paid by them will be refunded.

3. Changes in Services  
3.1 The provider reserves the right to change the services offered or to offer different services, unless this is not reasonable for the customer.    

3.2 The provider also reserves the right to change the services offered or to offer different services, 
• insofar as he is obliged to do so due to a change in the legal situation; 
• insofar as he thereby complies with a court judgment or an official decision directed against him; 
• to the extent that the respective change is necessary to close existing security gaps; 
• if the change is only beneficial to the customer; or 
• if the change is of a purely technical or procedural nature without any significant impact on the customer. 
• ​If this change is the result of a third party stopping the WordPress plugins that it provides to the provider, or this third party raising the prices of these plugins in an unreasonable and unfair way to the provider.   

3.3 Changes that only have an insignificant impact on the provider's services do not constitute changes in service within the meaning of this clause. This applies in particular to changes of a purely graphic nature and the mere change in the arrangement of functions.    

4. Conclusion of contract  
4.1 The services described on the provider's website do not constitute binding offers on the part of the provider, but serve to enable the customer to submit a binding offer.    

4.2 The customer can submit the offer via the online order form provided on the provider's website. After entering their personal data, the customer submits a legally binding contract offer in relation to the selected services by clicking on the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail.    

4.3 The provider can accept the customer's offer within five days, • by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or • by asking the customer to pay after placing his order. If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. If the provider does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.    

4.4 The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. 

4.5 When submitting an offer via the provider's online order form, the text of the contract is saved by the provider after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The provider does not make the contract text accessible beyond this. If the customer has set up a user account for the provider's website before sending his order, the order data will be archived on the provider's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.    

4.6 Before the binding submission of the order via the provider's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window prior to the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.    

4.7 Only the English or German languages is available for the conclusion of the contract.    

4.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the provider can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the provider or by third parties commissioned to process the order can be delivered.    

5. Customer Obligations  
5.1 The content stored by the customer on the storage space intended for him may be protected by copyright and data protection law. The customer grants the provider the right to make the content stored by him on the server accessible via the Internet for queries, in particular to reproduce and transmit it for this purpose and to be able to reproduce it for data backup purposes. The customer checks on his own responsibility whether the use of personal data by him satisfies data protection requirements.    

5.2 The ​customer agrees not to use the allocated storage within their subscription plan to store the following types of files:

- Video content encompassing, but not restricted to, anime, television series, and diverse video clips.
- Audio files and songs of any variety intended for commercial sale or trade.
- Program files and applications of all sorts aimed for sale or commercial trade.
- Files and compilations of images purposed for sale or commercial exchange.
This policy does not apply to promotional, marketing, or explanatory video clips and audio files that directly correlate with the site. Nor does it apply to any image or application files that relate to the site's design or operational mechanism, including those for promotion. Additionally, this restriction does not apply to any type of link that the client provides via their site for the aforementioned file types. This clause ensures fair usage and the integrity of our services and avoid the legal effects resulting from issues of non-compliance with copyright or property rights.

5.3 The customer undertakes not to store any content on the storage space provided that violates applicable law or violates the rights of third parties. The customer shall also ensure that programs, scripts or similar installed by him do not endanger the operation of the provider's server or communication network or the security and integrity of other data stored on the provider's servers.    

5.4 The customer exempts the provider from all claims that third parties assert against the provider for violation of their rights due to content stored by the customer on the server. The customer assumes the costs of the necessary legal defense, including all court and attorney fees, in an appropriate amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the provider with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.    

5.5 The customer undertakes that his site does not contain any abuse of the standards of the community because this violates the internal policy of the provider such as: • Content that contains pornographic and sexual materials of any kind • Hate speech, actual threats, or direct attacks on a person or group • Content that contains self-harm or excessive violence    

5.6 In the event of an imminent or actual violation of the above obligations, as well as the assertion of claims by third parties that are not obviously unfounded against the provider due to the content stored on the server, the provider is entitled, taking into account the legitimate interests of the customer, to connect this content to temporarily shut down the Internet in whole or in part with immediate effect. The provider will inform the customer about this measure immediately.    

5.7 If programs, scripts, etc. installed by the customer endanger or impair the operation of the provider's server or communication network or the security and integrity of other data stored on the provider's servers, the provider can deactivate or uninstall these programs, scripts, etc . If the elimination of the threat or impairment requires this, the provider is also entitled to interrupt the connection of the content stored on the server to the Internet. The provider will inform the customer about this measure immediately.    

5.8 The customer is obligated to facilitate the provider’s work regarding the annual renewal of the WordPress plugins that he obtained within his hosting plan and in the event that the customer in any way prevents the provider from doing so, he must bear the consequences of stopping the paid benefits granted by these additions to him.   

5.9 For access to the storage space intended for the customer, the customer receives a user ID and a changeable password. The customer is obliged to change the password at regular intervals. The customer may only pass on the password to persons who have been authorized by him to access the storage space.    

6. Remuneration and Terms of Payment  
6.1 Unless otherwise stated in the Supplier's offer, the prices quoted are net prices without accounting for statutory sales tax.    

6.2 The customer must pay the fee for the provider’s services in accordance with the terms of his subscription plan. If this plan is of the type that renews monthly, then he must pay monthly in advance by the fifth business day of each month at the latest, unless otherwise agreed. Either if It was an annual subscription plan that he had to pay ten days before the expiry of his subscription period at the latest.    

6.3 The remuneration will be debited monthly or annually from the customer's bank account by direct debit. The customer gives the provider a direct debit mandate (SEPA) or other payment methods available through the site, which can be revoked at any time. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this.    

6.4 The provision of services by the provider is dependent on the customer meeting his payment obligations in good time. If the customer is in arrears for two consecutive months with the payment of a not inconsiderable part of the remuneration owed, the provider can terminate the contractual relationship for good cause without observing a notice period.    

7. Term and Termination  
7.1 The contract is concluded for an unlimited period, but at least for a period of one year (minimum term). During the minimum term, the contract can be terminated with a notice period of three months to the end of the minimum term. If the contract is not terminated in due time, it will be extended by a further year and can then be terminated again with a notice period of three months to the end of the respective contract period.    

7.2 The right to extraordinary termination for good cause remains unaffected. An important reason exists if the terminating party, taking into account all the circumstances of the individual case and weighing the interests of both parties, cannot be expected to continue the contractual relationship until the agreed termination or until the expiry of a period of notice.   7.3 Terminations must be made in writing or in text form (e.g. by email).    

7.4 After the end of the contractual relationship, the provider provides the customer with the content stored on the storage space intended for the customer on a data carrier. Any rights of retention of the provider remain unaffected. 
  
8. Liability  
8.1 If the provider negligently violates the Telecommunications Act, an ordinance issued on the basis of this law, an obligation imposed on the basis of this law in an assignment or an order of the Federal Network Agency when providing telecommunications services to the public, the liability towards the customer for financial losses is accordingly § 44a TKG limited.    

8.2 Otherwise, the provider is liable for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:    
8.2.1 The provider is fully liable for any legal reason • in the event of intent or gross negligence, • in the event of intentional or negligent injury to life, limb or health, • due to a guarantee promise, unless otherwise agreed in this regard, • due to mandatory liability such as under the Product Liability Act.    

8.3 If the Provider negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.   8.4 Otherwise, liability on the part of the provider is excluded.    

9. Amendment of the GTC  
9.1 The provider reserves the right to change these GTC at any time without giving reasons, unless this is not reasonable for the customer. The provider will inform the customer about changes to the terms and conditions in text form in good time. If the customer does not object to the validity of the new GTC within a period of four weeks after notification, the changed GTC are deemed to have been accepted by the customer. In the notification, the provider will inform the customer of his right to object and the importance of the objection period. If the customer objects to the changes within the aforementioned period, the contractual relationship continues to exist under the original conditions.    

9.2 The provider also reserves the right to change these GTC, • insofar as he is obliged to do so due to a change in the legal situation; • insofar as he thereby complies with a court judgment or an official decision directed against him; • if he introduces additional, completely new services, services or service elements that require a service description in the General Terms and Conditions, unless the previous usage relationship is adversely changed as a result; • if the change is only beneficial to the customer; or • if the change is purely technical or procedural, unless it has a significant impact on the customer.    

9.3 The customer's right of termination in accordance with Section 7 remains unaffected by this.    

10. Governing Law, Jurisdiction  
10.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties.    

10.2 If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the provider. If the customer has his registered office outside the territory of the Federal Republic of Germany, the place of business of the provider is the exclusive place of jurisdiction for all disputes arising from this contract. In the above cases, however, the provider is always entitled to appeal to the court at the customer's registered office.

11.  Refund Policy
11.1 Web Hosting Plans: 
At Best 4 WP, we prioritize giving our customers the freedom to explore our services without any constraints. To that end, customers have the right to opt for a five-day trial period for their chosen hosting plan, commencing from the booking date. During this trial, we consciously hold off on installing any WordPress add-ons related to the hosting plan, ensuring customers aren't burdened with additional costs should they choose not to continue after the trial. If the customer decides to continue after the trial, our staff will proceed to activate these additions for their hosting plan, and the cost associated with these add-ons will be deducted from any potential refund.

Our core commitment is to provide a 30-day grace period from the service booking date for our web hosting plans. This money-back guarantee is exclusive to the primary hosting services. Important to note: domain registration fees, or any additional services secured with your primary hosting package, such as paid WordPress plugins, are not covered. A fixed, non-refundable domain fee of $15.00 is deducted for the complimentary domain bundled with the hosting plan. While the domain fee isn't refundable, customers have the liberty to transfer their domain or redirect it elsewhere. Keep in mind, however, that new domains are restricted from being transferred to a different registrar within their initial 60-day registration phase. Domain ownership persists until the registration term concludes unless renewed.

Aligned with the German Civil Code (BGB), we hold the prerogative to retain refunds for services labeled non-refundable. Customers are acquainted with these details within the subscription form. Refunds will not be catered to for cancellations post the 30-day timeframe.

We'd like to emphasize that the trial feature is optional. Customers have the agency to indicate their preference in the chosen hosting reservation form.

11.2 SSL Certificates:
Refunds may be issued within 60 days from the purchase date if the SSL certificate has not been issued yet. If your certificate was issued within this period, you may apply for a refund within 14 days from the issuance date. All refunds will be credited into your SSLs.com account. To request a refund, please reach out to our support team.

Refunds for an additional domain (Subject Alternative Name - SAN) are only possible if the SAN has not been activated. Once activated, the SAN cannot be refunded separately from the certificate itself.

This refund policy ensures the provision of high-quality services while also protecting the rights of our customers and our company. By availing our services, you agree to this refund policy.

Last modified date on 05.06.2024

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