Effective Date: 01 Jan 2025
Last Updated: 23 May 2024
Company Name: WAVEFLARE ("Company," "we," "us," "our")
Website: www.waveflare.com
Contact Email: [email protected]
Introduction
These Terms of Service ("Terms") create a contract between you (the "User," "you") and WAVEFLARE.
Please note that our authorized reseller is Paddle.com. Paddle is the Merchant of Record for all our orders. This means you purchase our services from Paddle, but the services are provided and licensed to you by WAVEFLARE.
By placing an order, you are agreeing to both these WAVEFLARE Terms of Service and Paddle’s Buyer Terms and Conditions.
1. Acceptance of Terms
By purchasing, accessing, or using the services provided by WAVEFLARE, including but not limited to domain registration, web hosting, and related offerings ("Services"), you agree to comply with and be bound by these Terms. If you do not agree to any part of these terms, you must refrain from using our Services.
2. Service Description
WAVEFLARE offers domain registration, web hosting, and related internet services. These Services may include:
Server space and bandwidth for website hosting
Domain name registration and management services
Email hosting (if applicable)
Technical and customer support
We strive for high uptime and service reliability; however, temporary interruptions may occur due to scheduled maintenance, upgrades, or unforeseen technical issues.
3. User Responsibilities
As a user of WAVEFLARE services, you agree to:
Provide accurate, current, and complete information upon registration and maintain its accuracy.
Be solely responsible for all content you create, upload, or host, ensuring it does not violate any applicable laws or third-party rights (e.g., copyright, trademark).
Use our Services only for lawful purposes. Prohibited activities include, but are not limited to, distributing malware, phishing, spamming, hosting illegal content, or engaging in other malicious activities.
Safeguard your account login credentials. You must notify us immediately of any unauthorized access or security breach.
Regularly and independently back up your website content and data. WAVEFLARE is not responsible for any loss of data or content.
4. Payment, Subscriptions, and Billing
All payments for WAVEFLARE Services are processed by our Merchant of Record, Paddle.com.
Billing: By subscribing to our Services, you agree to pay all fees associated with your selected plan. Fees are billed in advance on a recurring basis (e.g., monthly, annually) as selected during checkout.
Auto-Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel it prior to the renewal date. You can manage or cancel your subscription through the method provided by Paddle or by contacting our support team for assistance at least 48 hours before the renewal date.
Payment Failures: Non-payment or failed transactions may result in the suspension or termination of your Services. Paddle manages payment processing, and we will act based on the payment status they report.
5. Consumer Right to Cancel & Refund Policy
A. Consumer Right of Cancellation (14-Day Cooling-Off Period)
If you are a "Consumer" (an individual purchasing services for personal, non-business use), you have the right to cancel your initial order within 14 days of purchase without giving a reason.
How to Cancel: To exercise this right, you must inform us of your decision by contacting our support team at [email protected].
Effect of Cancellation: If you cancel within this 14-day period, we will process a full reimbursement through Paddle using the original payment method.
Exception to Right of Cancellation: This right of cancellation is lost once you begin using the Services. For example:
If you have logged into your hosting control panel and started uploading files.
If a domain name has been successfully registered in your name, as this is an irreversible process.
If you have created email accounts and started sending/receiving mail.
By using the Service, you consent to the immediate performance of the contract and acknowledge that you will lose your right of cancellation.
B. General Refund Policy
Outside of the 14-day cancellation right for consumers, all fees are non-refundable. We do not offer refunds for partial or unused subscription periods. Any refunds provided beyond this policy will be at the sole discretion of WAVEFLARE and will be processed via Paddle.
6. Suspension and Termination
We reserve the right to suspend or permanently terminate your account and access to our Services, without notice, if you:
Violate any of these Terms of Service.
Engage in activities that harm our systems, network integrity, other users, or our reputation.
Fail to make timely payments for Services.
Initiate a fraudulent chargeback request with your bank or card issuer.
Upon termination, your right to use the Services ceases immediately, and you may lose access to all hosted data, domains, and related services. We reserve the right to pursue legal action where appropriate.
7. Limitation of Liability
To the fullest extent permitted by law, WAVEFLARE shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or relating to your use or inability to use our Services. This includes, but is not limited to:
Data loss, security breaches, or service interruptions.
Loss of profits, business, or goodwill.
The cost of procuring substitute services.
Actions or content posted by other users of our Services.
You acknowledge that no method of transmission or electronic storage is 100% secure, and you use our Services at your own risk.
8. Governing Law
These Terms of Service and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of [Your Country/State, e.g., England and Wales, or State of California, USA]. You are responsible for ensuring this is correct for your business location.
9. Changes to Terms
We may revise these Terms of Service from time to time. Any material changes will be communicated to you via the email address associated with your account or by posting a prominent notice on our website. Your continued use of our Services after such changes are posted constitutes your acceptance of the new terms. We encourage you to review these terms regularly.
For any questions or concerns regarding these Terms of Service, please contact us at [email protected].
