Terms and Conditions

1. Terms and Conditions

1.1. Chocoping.com services shall be available only for the individuals who have rights to conclude legal agreements. The service is provided on behalf of the representative who directly represents and is responsible for the interests of the Chocoping.com service, and also owns the full operating rights within the Chocoping.com domain.

1.2. Hosting services shall include:

1.2.1. Hosting of virtual services that are not administered,

1.2.2. Hosting of dedicated servers that are not administered, and

1.2.3. Hosting of pseudo-dedicated servers that are no administered.

1.3. The service related to the server access shall be the provision of the User’s access to the server resources that are declared in the generated or paid invoice or to the dedicated service specified in the invoice.

1.4. Full provision of the service shall be guaranteed subject to full payment of the generated invoice for providing the User’s service.

1.5. When providing the User with the service, the chocoping.com shall provide them with the pre-installed operating system specified in the tariff plan, root-access and 24/7 technical support service, as well as access to the server administration on the remote basis: RDP, as well as via the functionality of the client’s panel (remote reloading, server switching on and off).

1.6. Servers, as well as virtual servers with the pre-installed operating system shall not be administered on the level of the operating system. Nevertheless, at the User’s request the server administrators can

1.6.1. Install additional equipment,

1.6.2. Install additional software, and

1.6.3. Administer the operating system. The service administrator shall have the right to refuse such actions without specifying the reason on the basis of these regulations.

1.7. The user will administer and take care about the data safety. The server shall neither back up nor perform standby storage of data.

1.8. The service shall reserve the right to reconsider and change the terms and conditions of services provision. However, this right can be used only after notifying the user.

2. Cancellation Policy

2.1. In accordance with the Consumer Right Protection Law, both the User and the Service can unilaterally terminate the Services Use Agreement before its expiry. Herewith, a number of terms and conditions that do not contradict to the law and terms and conditions of the concluded agreement shall be complied with.

2.2. Such terms and conditions may include the following:

2.2.1. Inability to provide the User with the service,

2.2.2. The User loses the need in this service. Herewith, the refusal to use can be pre-term or natural.

2.2.2.1. Pre-term termination of the agreement shall be the termination before the expiry of 7 days since activating the service. The pre-term refusal to use the service shall be performed together with the repayment of the funds paid by the user, taking into account the unused rental time.

2.2.2.2. The request to terminate the service use agreement upon the expiry of 7 days since activating the service shall be natural. Natural refusal shall not require the repayment of the paid funds, and the Service shall guarantee the efficiency and provision of the service till the service date of expiry.

2.3. In case of the pre-term refusal, the User shall send a written notice (by using e-mail or tickets system on the Service website) to the Service about the intention to refuse from using the service. Herewith, in order to avoid fraud operations, the Service shall be entitled to demand from the User:

2.3.1. Documents that confirm the personality in order to prevent repeated order of services by the user. This requirement shall not be obligatory. However, it may have an impact on decisions about further provision of the Service services.

2.4. In case of the natural refusal to use the service, the service shall be fully provided till the moment of its completion without returning funds unless otherwise is agreed between the User and the Service.

3. Price Policy

3.1. The control over the payment period shall be imposed on the User that shall timely pay the Service’s invoices for providing the service. The Service shall submit the invoice for prolonging the service 7 days prior to the end of the paid period (minimum term, maximum term of the invoice formation may be longer). If the User has sent a written notice about the refusal to use the services, the invoice shall not be submitted. Herewith, the user’s personal account shall remain accessible in case of the User’s further orders for services.

3.2. In case of the expiration of paying the generated invoice, the service provision shall be ceased on the day that follows the payment date. In case of the payment, during 3 days as of the service ceasing the service provision can be renewed.

3.3. On the fourth day as of the date of payment, in case of the unpaid invoice, the service shall be transformed from the “ceased” status to the “removed” status and shall not be subject to renewing. In such case the service provision shall be possible only subject to ordering a new service. In such case ordering of new services shall not be limited.

3.4. The time when the service was not provided due to the unpaid invoice shall not be excluded from the period of servicing and shall be the User’s responsibility.

3.5. According to the terms and conditions of the Agreement, funds cannot be transferred from one User to another or to another personal account. The Service shall guarantee that the price for the service shall not be changed during the whole term of the Agreement.

3.6. Prices in tariff plans shall be specified excluding VAT.

3.7. The amount of the invoice formed by the client shall include VAT and show the final and full cost of the service.

3.8. VAT for individuals shall be 0%, excluding individuals who are residents of the European Union whose VAT shall be 23%.

3.9. Additional services can be paid in accordance with the prices at the request and upon mutual agreement of the parties.

4. Delivery and Payment

4.1. The service shall be activated after the User selects the relevant tariff plan, pays, and obtains the confirmation about the payment from the Service.

4.2. In order to get access to the service, the User shall have a device that supports the RDP protocol.

4.3. The Service shall provide the User with the network details to work with the dedicated server, as well as the password to access the User’s individual account via e-mail.

4.4. The volume of the disk quota shall be controlled by the native tools of the server operating system. The declared volume of the disk shall have a total value and shall not take into account the volume required for the operating system or additional software requested by the user.

4.5. The time of the day and duration of the User’s work shall not be limited.

4.6. Official notices for the User shall be e-mailed and placed on the Service server. The User can find all e-mail messages in the Client’s Panel on the website.

4.7. The payment for installation shall not be collected.

4.8. Data of access to the service shall be provided during 6 hours during the working hours. Outside of the working hours it can be provided during 24 hours but not more than 48 hours.

4.9. When using, the User shall be provided with the pre-installed operating system depending on the tariff plan.

4.10. After the activation, the User can start their work via the remote desktop (rdp client).

4.11. If during the specified period you failed to get the data via e-mail, the User shall check out the Spam catalogue of the e-mail client or contact the Help Desk of the Service.

4.12. The payment shall be made automatically through payment gates and third-party systems connected to the Service website.

4.13. The Service shall have the right to charge additional payment for providing additional administration services in case of the mutual agreement of the parties.

4.14 To receive payments, at chocoping.com can be used a variety of payment systems, the choice of which is provided through payment process on the payment page. In particular, acquiring of payment cards Visa and  Master Card can be done with PayU services.

4.15 Dedicated Servers and all kinds of Discounted products are nonrefundable.

4.16 Customer agrees to pay all charges, fees and other amounts due under this Agreement

4.17 The customer agrees to pay for all services rendered in time, no later than the predefined due date. 10 days before the due date of the billing term of the active service an invoice will be released by the billing system and carried to the Customer over email. The Customer has 10 days to pay the bill manually if needed. 2 days before the invoice due date the billing will second second reminder about outstanding invoice. In case the Customer didn't cancel the subscription before the due date and payment wasn't made properly - the billing system will try to charge the active payment method of the Customer's account. So, the subscription will be automatically prolonged on the due date in case of successful payment according to the invoice amounts.

5. Using

5.1. The rules of using the hosting resources shall be defined by the Service. Compliance with the rules shall be obligatory for all Users of the resource.

5.2. The User cannot use the service for

5.2.1. distributing the information that gives offence to other Users,

5.2.2. making purposeful damage to other individuals,

5.2.3. installing unlicensed software violating the owner’s copyright,

5.2.4. damaging basic equipment and software of the Service,

5.2.5. distributing spam, bots, viruses, etc., or

5.2.6. illegal purposes.

5.3. If the Service finds out that the User uses the service for the above purposes, the Service shall reserve the right to limit or cease providing the User with the service for the purpose of preventing further violations.

5.4. The User’s use of the service shall not exceed the disk volume or traffic that corresponds to the selected tariff. If it happens for some reasons, the Service shall have the right to demand to pay for the service used in excess or limit the service provision.

5.5. The service provided to the User shall be used only for legal purposes. It shall be prohibited to transfer, store, or provide third parties with any information in conflict with the law.

5.6. The User shall comply with the rules of the service provision. If it is impossible to comply with the rules, the User shall immediately refuse from the service.

5.7. At its own discretion the Service shall have the right to define what the violation is and individually take a decision about the legitimacy or non-legitimacy of the User’s actions, and their compliance with these rules. The decision of the Service shall be final and obligatory for the User.

5.8. Depending on the level of the User’s violation of the service use, the Contractor shall block the service immediately or warn the User about the need to eliminate the violation, pay the fine, and make a prepayment by an SMS message or e-mail.

5.9. Additional payment can be charged for unblocking the server.

6. Work with Claims and Offers

6.1. In accordance with the current Consumer Right Protection Law, the User can contact the Service via e-mail or ticket-system of the website with the claims related to the quality of the provided services.

6.2. The Service shall consider the User’s claim within the term and according to the regulations provided by the Rules and Procedures of the Help Desk. Herewith, it shall notify the User about their claim status.

7. Personal Data. Privacy Policy

7.1. The User’s data stored on the User’s server shall be confidential and protected by technical and organizational measures taken by the Service and shall be guaranteed by the Service. The Service employees shall be provided with the permission to access such information exclusively for performing technical works or in case the User uses the hosting for the prohibited purposes, violating rules of the hosting use specified in the agreement. Herewith, the operating system of the User’s server can be accessed only by the User (nobody but the User has the right to access and has access data). The confidentiality of the User’s data shall not be guaranteed if the client violates the law, at the demand of the law enforcement bodies, due to the User’s disclosure of their personal information, and in other exception cases.

7.2 Chocoping.com collects personally identifiable information from Users through online forms for ordering products and services. We may also collect information about how Users use our Web site, for example, by tracking the number of unique views received by the pages of the Web site or the domains from which Users originate. We use "cookies" to track how Users use our Web site.

7.3. The Service shall have the right to change the safety policy without agreeing with the User only in case of its strengthening and (safety) improvement.

7.4. Upon the expiry of the agreement term, the Service shall guarantee the removal of all confidential data of the client.

8. Limitations and Liability of the Parties

8.1. The Service shall not bear responsibility for the safety of the User’s data and shall not reimburse losses related to the loss of data. The service is not responsible and does not compensate the user for any losses related to the user's direct actions on the hosting, under any circumstances, nor in any type of activity.

8.2. The Service cannot guarantee the quality of the work of channels and networks beyond the zone of its responsibility.

8.3. The Service shall not backup the User’s data, consult on the User’s work with the operating system and other software components, and bear responsibility for their limitations and disadvantages.

8.4. In case the User damages the equipment, or if the User’s outside devices have an impact on this equipment, the Service shall not bear responsibility for the quality of the provided services.

8.5. The User shall bear responsibility for the risks related to placing data on the server.

8.6. The Service shall not bear responsibility for possible losses of the User related to placing various files on the server.

8.7. The User shall notify the Service about any network attack on their addresses for the Contractor to reveal the source of the attack and provide the safety of the whole network, as well as about anomalies of the network operation.

8.8. The Service shall notify the User about technical works in advance. In case of necessity to perform urgent technical works, the User shall be notified in the process of performing works.

9. Tariff Plan Changing

9.1. The service shall have the right for objective reasons to change the price of the rendered services. It shall notify the User accordingly by sending an e-mail or a message in the User’s personal account.

10. Contact Details

10.1. The User can obtain information about the additional services rendered by the Contactor, procedure of the service provision, and existing tariffs on the Service website.

10.2. In order to solve issues related to the service quality, technical support, obtaining a certificate on administering issues, as well as to order additional services, the User can contact the service desk.

10.3. The working time of the Service in terms of concluding Agreements and providing the services related to connecting to the service shall be

10.3.1. Monday – Friday, from 07:00 to 19:00 GMT0.

10.3.2. Technical support shall be provided 24/7.