Terms of Service
Provider: Society B3 TECHNOLOGY S.R.L. registered on 6 Intr. Reconstrucției, Building 28, Ap. 46, Sector 3, Bucharest, Romania under the Company Registration Number: J40/15199/2019 with the Fiscal ID code: 41872465 and capital share of 1000 RON.
Client: Any individual or company that Orders from the Provider.
Service: Any service provided by B3 Technology S.R.L., for the Client that is mentioned in the Order.
Order: The agreement between B3 Technology S.R.L. and the Client through which the Provider is obliged to fulfill the Service and the Client agreed to pay for it
Contract: An Order confirmed by the Provider
Client Area: https://b3clients.com
Through this agreement is established the conditions through which any person can access the website https://b3vps.com and its services and has the value of an agreement between the Provider and the Client.
If you don’t accept the Terms of Service provided in this document, please do not use the website https://b3vps.com and the services provided through the Client Area. By continuing on the website and by opening an account in the Client Area you agree to fully accept and respect these Terms of Service and any possible modifications of these Terms of Service made by the Provider.
Our services are not for available for children under the age of 18.
Any Order placed will have the value of a contract. An Order is considered final by the Provider when sending an Order Confirmation on e-mail. Any unconfirmed Order will not have the value of a contract.
The Client acknowledges that provision of Service will only begin after filling the requested information according to the law. Client is requested to correctly provide its name, address and other useful or required by law information. Provider is not liable for any misusage and damage caused by the provision of incomplete, incorrect or fraudulent information by the Client.
Client is the only one responsible for accessing its account and for all actions that devolve from that. Provider cannot be held liable for any error as generated by misusage of Client regarding safety, confidentiality and security of its account and its passwords.
2. OFFERED SERVICES
- Hiring Dedicated Servers
- VPS Servers
- Web Hosting services
- Domain Registration
- Server Colocation
- IP Address allocation
- Administration and Management of Servers and/or Websites
- Web Consultancy and IT Support
- Web design and development services
- Backup Services
- SEO Services
- Malware removal, website cleaning Services
- Social Media and Digital Marketing Services
- Branding, Visual Identity and graphic design services
Information and characteristics of each service can be found on the website at its specific category.
Prices shown on the website https://b3vps.com and in the Client Area are expressed in EURO and do not include VAT.
Payment can be done either in RON for citizens that are located in Romania, or in EURO for citizens located outside Romania.
Shown price does not include payment processors fees, which have to be paid by the Client:
- PayPal: 2.90% + 0.30 EUR
- MobilPay: 1.15%dadad
- BitPay: 1% when paying via BTC, BCH, ETH or XRP
- Bank Transfer fee or bank payments
The Provider reserves the right to modify in any moment the prices on the website and/or the Client Area and/or characteristics of hosting packages. Provider does not offer any guarantees or refunds in the event of future discounts and/or promotional offers after Order was completed.
4. PAYMENT METHODS
Online Payment via Credit/Debit Card
Online payment can be safely done through MobilPay platform.
Next cards are accepted for payment: Visa, Mastercard, Visa Electron, Maestro, from within the European Union and outside of it.
Data and card processing is exclusively done through MobilPay website. Provider with its websites and Client Area does not requests, stores nor has any access at your credit/debit card details and information.
For more information regarding MobilPay policies, including their Terms and Conditions, please check the information provided on MobilPay website, available at the following link: https://netopia-payments.com/termeni-si-conditii/?ref=mobilpay (link is in Romanian).
Payment can also be done via PayPal online by using your own PayPal account.
For more about PayPal’s policy and its Terms and Conditions, please check the information provided by PayPal, available at the following link: https://www.paypal.com/ie/webapps/mpp/ua/legalhub-full?locale.x=en_US.
Provider accepts the following cryptocurrency: Bitcoin (BTC), Bitcoin Cash (BCH), Ethereum (ETH) and Ripple (XRP) through BitPay Inc.
For more about BitPay Inc.’s policy and its Terms and Conditions, please check the information provided by BitPay, available at the following link: https://bitpay.com/about/terms.
Given the technology that lies beneath the virtual currencies, payments through BitPay Inc. are non-refundable and the 14 Days Money Back Guarantee does not apply. Payments via cryptocurrencies are final and non-transferable.
Activation of Services will only be done after the payment confirmation by BitPay Inc., confirmation that depends on the blockchain loading time. We suggest you to set up the network fee according to instructions by BitPay Inc. when paying. Network fee is paid by the Client and it’s non-refundable.
Payment should be done in a maximum of 7 (seven) days since the invoice was generated, otherwise it will be cancelled.
Provider does not accept any liability for potential blockchain network delays and for non-paying of invoice in a timely manner.
Bank Transfer Payment
Payment through bank transfer can be done only if you don’t have an active credit/debit card or the card is not accepted for online payment. This can be only done through the proforma invoice generated by the Provider and sent via e-mail to Client.
Activation of services will be done after confirmation from the bank of payment.
During the bank transfer, Client is obliged to mention the number of the proforma invoice and the name of the chosen Service. In the case we are unable to identify the payment, the invoice can be cancelled and the received amount will be transferred back to the sending account, without bank transfer fees, in maximum 30 (thirty) days from the day the invoice was cancelled.
Payment has to be done within 7 (seven) working days since the invoice was generated, otherwise it will be cancelled.
Costs associated with the bank transfer will be supported by Client. In the unlikely event that the bank transfer amount received is less than the amount shown on invoice, the Service will not be activated until full payment is received. Failure to comply with this, within 7 (seven) working days since the proforma invoice was generated, will imply that the proforma invoice will be cancelled and amount received will be refund, in maximum 30 (thirty) working days since the proforma invoice is cancelled.
In the event that Client does not receive payment confirmation in maximum 7 (seven) working days since the bank transfer was done, we advise you to contact us by opening a ticket in the Client area or by email at firstname.lastname@example.org to solve the issue.
5. ACTIVATION OF SERVICES
Activation of shared hosting packages, majority of VPS services and web domains is done in approximately 10 minutes since the payment has been confirmed.
Activation of some VPS and some dedicated servers, will be done in maximum 24 hours since the payment has been confirmed.
6. PAYMENT TERMS AND ACCOUNT SUSPENSION FOR NON-PAYMENTS
Client agrees to pay in advance the services provided by Provider, for the amount of time they are provided.
Proforma invoices will be sent via email and a printable version can be found in the Client Area.
Client agrees to pay the proforma invoice in maximum 7 (seven) days since it was generated. Otherwise, Clients account will be suspended until payment is received and could only be reactivated after the confirmation of payment.
Overcoming the due date by 10 (ten) working days, leads to application of a data maintenance tax. This tax is 1 EUR per day for each service billed and unpaid, but no less than 10 EUR, no VAT.
Overcoming the due date by 30 (thirty) working days, leads to irreversible deletion Service and will close the account.
Provider will reopen closed accounts only after Client will fully pay its invoices including possible penalties and data maintenance taxes. Provider does not offers any guarantee for the integrity of data and/or backups stored by Client on Providers equipment.
7. MONEY BACK GUARANTEE
All individual Clients receive a 14 (fourteen) calendar days money back guarantee. In case Client is not satisfied with the provided Service can request its money back within 14 (fourteen) calendar days and will receive money back, no discussions.
To request your money back, please send us an email at email@example.com or use the service cancellation button in the Client Area.
14 (fourteen) days money back guarantee does not apply for Services paid for more than 30 (thirty) days upfront. Next Services are also not included in the 14 days money back guarantee: taxes applied for dedicated servers, VPS servers, SSL certificates, cPanel license, Direct Admin license, costs of any other active license, domain registration and transfer, any costs for website creation, web development, SEO, branding, visual identity, graphic design and any additional costs.
In case the suspension of account is generated by breaking these Terms of Service, money back guarantee does not apply.
Money back guarantee also doesn’t apply in case the Client uses at least 50% (in terms of 14 days) from the data transfer allocated to hosting Service the Client requests refund.
8. DISSOLUTION OF AGREEMENT
Any Service agreement between Client and Provider can be dissolved with express request from Client at least 14 (fourteen) business days, before next billing cycle.
If Client still has any outstanding debts, agreement cannot be dissolved until full payment is received by Provider. Cancellation of agreement requests will be written, dated, signed and sent by email or using the Service cancellation button in the Client Area.
Both the Client and Provider can immediately dissolve this agreement should any of them is in breach of it.
9. ACCEPTABLE USAGE POLICY (AUP)
Provider’s servers/ equipment and also partners/affiliates/3rd parties which we work with can only be for lawful purposes and respecting the legislation in force. You may not use our site or services:
• In any way that breaches any applicable local, national or international law or regulation;
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• For the purpose of harming or attempting to harm minors in any way;
• To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• To send, knowingly receive, upload, download, use or re-use any material which: • is defamatory of any person;
• is obscene, offensive, hateful or inflammatory;
• promotes sexually explicit material;
• promotes violence;
• promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringes any copyright, database right, trade mark or other intellectual property right of any other person;
• is likely to deceive any person;
• is made in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence;
• promotes any illegal activity;
• is threatening, abusive or invades another’s privacy, or causes annoyance, inconvenience or needless anxiety;
• is likely to harass, upset, embarrass, alarm or annoy any other person;
• advertises for sale substances that are legal in law but are known to be abused;
• is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or gives the impression that it emanate from us if this is not the case.
You also agree not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.
You may not register for an account with us or sign up or use our services for the purposes of testing or vetting security measures in any way or format without our express written consent to do so.
10. PROHIBITED ACTIVITIES AND SCRIPTS
The web hosting space will not be used as a file storage method for purposes other than serving content for your web site and in any event may not contain the following content;
• Warez content or content commonly known to be pirated or illegal copies of software or other works;
• MP3’s or other audio formats of copyrighted music;
• Movie downloads in any format whether complete or in part;
• Pornographic material;
• Any content that is illegal under Romanian or European law;
• Image hosting scripts that allow an anonymous user to upload an image for display on another website;
• Banner advertising services for display on other websites or devices (commercial banner advertisement rotation);
• File dump/mirror scripts that allow anonymous users to upload a file for others to download;
• Commercial audio streaming (more than one or two streams);
• Push button mail scripts that allow the end user to specify recipient email addresses;
• Anonymous or bulk SMS gateways;
• Backups of content from a computer or website;
• Bittorrent trackers
• Any script that causes a degradation in the performance of our server or network environment;
We reserve the right to serve notice to suspend service, suspend service, or remove any files which do not comply with these rules.
Provider has 0 (zero) tolerance for SPAM. Sending unsolicited email messages, with commercial purpose using our servers or our partner’s servers to promote any website we (or our partners) hosts, will generate immediate suspension of service, without refund, no matter how the payment was done. Any complaint received will be immediately sent to Client to resolve the dispute with the person sending the complaint.
Client is obliged to understand, accept and agree with the Anti-SPAM Policy, available at https://b3vps.com/anti-spam-policy, before placing an Order.
Provider has a 50 emails per hour sending limit in case of unauthenticated emails sent through PHP scripts.
Shared hosting packages don’t allow sending newsletters and mass email. This restriction has the meaning to protect Providers clients, because mass email sending, downgrades the quality of hosting services, through excessive resources consumption.
Client is solely responsible for operating email lists, according to the applicable local, national or international law or regulation.
Services provided by Provider are used and administered by Client. Client bears the solely responsibility for breaching any applicable local, national or international law or regulation, and, but not limited to breaching copyright and intellectual rights, Provider having none or very limited access to information and activities conducted by Client.
Provider fully complies with the laws and legal provisions in force and will respond to any notification from individuals / legal entities / institutions / organizations or authorities that provide a reasonable appearance of legality.
12. EXTENDING DOMAINS OFFERED FOR FREE OR WITH DISCOUNTS
After 1 year period, in which some domains may be offered for free or with certain discounts, extension will be normally charged, charge that can be seen by Client by accessing this link: https://b3clients.com/cart.php?a=add&domain=register.
In the case Client wants to transfer the domain offered for free or with certain discounts during the 1st year, to another registrar, Client will pay the full price of the domain received for free or with certain discounts.
13. TERMS AND CONDITIONS FOR DOMAIN REGISTRATION
i. .RO DOMAINS
A .RO domain can be transferred only when active, transfer being unavailable while domain has expired or is inactive.
.RO domains are under the terms and conditions and regulations established by ROTLD, which can be found at the following link: https://rotld.ro/reguli-de-inregistrare/
ii. .EU DOMAINS
.EU domains are under the terms and conditions and regulations established by EURID, which can be found at the following link: https://eurid.eu/en/register-a-eu-domain/rules-for-eu-domains/
Client is solely responsible for using services provided by Provider. Provider does backup for all shared hosting packages, additionally and free of charge, on an external server, and the backups are kept 10 (ten) calendar days.
Provider does not offer any guarantee for the integrity of backups and cannot be held responsible for loss of files and/or information, deletion or modification of files hosted on its own infrastructure.
Optionally, Provider can offer additional backup Services, with the help of software managed by Provider or third parties. In case backup Services are managed by third parties, their own Terms and Conditions apply.
Client is solely responsible for creation of its own backup, having the ability to create it and download it anytime from control panel. Because the control panel is not being created, developed or maintained by Provider, Provider cannot be held liable in any way if data or information hosted is lost or altered as a consequence or Clients action or errors (bugs) in control panels.
Provider reserves the right to exclude from backup, shared hosting accounts that occupy more than 5 GB of space on hard disk.
VPS packages, dedicated servers and/or collocated servers don’t come with free backup included, unless expressly mention in the offer. In this case, Client has the option to acquire an additional paid backup service from Providers list or to implement its own backup solution. Provider cannot guarantee those backup solutions since they’re not developed by Provider and additional Terms and Conditions of solution supplier applies.
15. USAGE OF RESOURCES
Provider monitors all Clients accounts for usage of resources on servers. Client accepts and agrees that resources are limited for a shared hosting account and excessive usage of resources for extended period of time can be considered abuse of service.
All shared hosting packages apply the following limit of resources:
Max. CPU – 1 CPU (2.66 GHz)
Max. RAM – 1024 MB RAM
Max. IO/s – 2014 MB
Max. Conn – 150/s
Clients who overuse server resources will be contacted to notify them, and they will have to resolve the issue within 24 (twenty-four) hours, as long as server damage is minimal. Client can request the increase of resources of the upgrade to a superior package. If Client does not solve the problem within 24 hours or does not contact us in order to be able to promptly discuss his situation, B3 Technology S.R.L. reserves the right to temporarily suspend the account until the situation is resolved. If the Customer does not contact us within 3 (three) calendar days of the first notification, B3 Technology S.R.L. reserves the right to terminate the contract and permanently cancel the service.
16. CLIENTS RESPONSIBILITIES
The customer is responsible for updating the contact information and billing data mentioned in his account, when necessary and in accordance with legal provisions. The customer accepts to maintain Provider its partners without any fault or responsibility following the customer not making the necessary updates.
The customer is responsible to keep the username, password and other sensitive information safe. If there is any doubt in this regard, the Customer must modify or request the modification of the password, by contacting the technical support team.
17. LIMITED RESPONSIBILITY
Provider will not be held responsible for any damage caused to the Client by the temporary unavailability of our servers or external partners and suppliers, whatever the reasons for this. The customer agrees and warrants to exonerate Provider from any fault regarding any claims, damages, including, but not limited to, damages caused to third parties, resulting as a consequence of using the Services causing damages to our Client.
The Client understands and agrees that, in any case, in which he will claim any compensation or damages to B3 Technology SRL, its partners, affiliates, and third parties, the total amount of damages requested by Client for any reason and which could be paid by Provider not to exceed, in any form, in any way and in any case, the total amount paid by the Client to the Provider.
Following the faulty use of the Services contracted by the Client, he agrees and obliges to exonerate the Provider from any fault for any kind of compensation or damage from third parties.
18. UPTIME GUARANTEE
Provider, guarantees an average server uptime of 99.98% for its Services.
Customer understands and accepts the Optimal Terms and Conditions, as defined in the Service Level Agreement page available at: https://b3vps.com/service-level-agreement. The exceptions to this warranty apply in cases of, but not limited to:
- Major force
- Announced maintenance work, critical situations or server upgrades
- DNS (Domain Name System) issues that are not under control of Provider
- Problems of Clients access to the Internet, our services, or resources such as, but not limited to: FTP, E-mail.
19. TECHNICAL SUPPORT
Provider offers free technical support to all customers who have purchased a shared hosting package, who have purchased a domain or SSL certificate.
Provider also provides technical support, administration and management for Clients who have purchased additional administration / management packages available specifically for unmanaged VPS servers and unmanaged dedicated servers.
Subject to the availability of the technical team, the Provider may also provide technical support for packages without administration, but no guarantee is offered on these services.
The technical support offered by the Provider to Client regarding the migration of Services, regardless of its modality (free as part of a defined or optional and paid package), is made strictly on working days, during the working hours of the technical team. On weekends (Saturday and Sunday), as well as on holidays or outside the working hours of the technical team, no website migrations will be made.
20. ADDITIONAL SERVICES
Provider may provide additional services. These services may include, but are not limited to, installation of scripts on our servers. These scripts will be installed only with the approval of Provider and only if they do not adversely affect the stability and / or security of the server.
Provider reserves the right to set tariffs for additional services, in accordance with the complexity of the work requested and the availability of the technical team.
Any request to upgrade the package will be made by email or the opening of a support ticket at least 24 hours before the change. Provider should not be held responsible if the account is not upgraded and the site traffic or the allocated space is terminated.
Because we offer our Clients maximum transparency, the allocated resources can be constantly checked by the Client from the Client Area.
All complaints and notifications in connection with any website hosted on Providers servers or infrastructure, must comply with the following requirements:
- The correct and complete provision of the identification data of the natural / legal person who makes the notification / complaint or who considers that his / her rights have been prejudiced. In the case of individuals, the following data are required: name, surname, address, CNP. In the case of legal entities, the following data are required: full name, CUI, address of the registered office, data of the authorized contact person and / or company administrator.
- The plaintiff will provide B3 Technology S.R.L. with clear and real evidence that the incriminated activities are claimed to be prejudicial to the plaintiff, are illegal under applicable law and violate these Terms of Service. Detailed descriptions of these activities are also required.
- If the applicant directly and expressly requests the deletion of the content of a particular website hosted by our company or the blocking of Internet access of the incriminated content, and this action will cause harm to a third party, the applicant will be solely responsible for such damage. In order to avoid any doubt, the applicant will submit to B3 Hosting a statement on its own responsibility in which it will assume full responsibility for any damage that may arise from this action.
The notifications will be sent either in physical format to the address of our headquarters in Intrarea Reconstrucției, no. 6, pp. 28, Sc. 2, Ap.46, Sector 3, Bucharest, postal code 031724, or by e-mail at: firstname.lastname@example.org.
22. FORCE MAJEURE
Neither party is liable for non-performance of its contractual obligations if such non-performance is due to an event of force majeure, in accordance with applicable law.
Force majeure situations are defined elements to which Provider doesn’t have any influence, such as, but not limited to: wars, earthquakes, pandemics, embargoes, actions of legal authorities, flood, fire, malicious programs, hackers, calamities natural, the incorrect functioning of a software program offered by a third party, the unavailability of communications.
23. AMENDMENTS AND FINAL PROVISIONS
The Client agrees and agrees to receive notifications regarding the services offered by Provider and its partners, affiliates, when such notifications may be to the benefit of the Client.
In addition to the Terms of Service on this page, Provider, depending on the service purchased by the Client, may conclude additional contracts for the provision of services, so the present Terms of Service becomes a general framework contract, which may subsequently be amended, added or canceled by signing additional contracts or annexes.