Terms of Service

These terms are the agreement between you and MSAHA LTD, trading as elHosting, for the services you buy from us. Ordering a service means accepting them.

elHosting is a trading name of MSAHA LTD.

MSAHA LTD is registered in England and Wales under company number 17417482.

Registered office: 128 City Road, London, EC1V 2NX, United Kingdom.

Payment and Merchant of Record

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

MSAHA LTD provides the hosting service. Paddle’s buyer terms also apply to orders processed through Paddle.

Your account

Give us accurate details and keep them current — we use them to bill you and to reach you when something is wrong with your service, and an address that bounces is how a customer loses a server they wanted to keep.

You are responsible for what happens under your account, including anything done by someone you gave access to. Keep your credentials to yourself, and tell us promptly if you think they have been compromised.

What we provide

A virtual server of the size you ordered, which you administer yourself. The specification of each plan is on the plan pages. We do not manage the operating system, the software you install, or the security of what you run.

We do not currently offer a service level agreement, and we would rather say so than imply one. We will make reasonable efforts to keep services available and to tell you about planned interruptions, but we do not commit to an availability figure.

Your data and your backups

What you put on your server is yours, and it is your responsibility to keep a copy of it somewhere else. We do not undertake to back up your data, and you should not treat the service as your only copy of anything you would mind losing.

Acceptable use

Our Acceptable Use Policy forms part of these terms. It sets out what you must not do with a service and what we may do about it, and it is worth reading rather than assuming.

Prices and payment

Prices are those shown when you order. Payment is in advance, and a service runs for the period you have paid for.

MSAHA LTD is not registered for UK VAT.

Taxes are calculated at checkout by Paddle.com based on where you are, and added to the price shown.

We may change prices, and a change never affects a period you have already paid for. If a price is obviously wrong we will tell you and let you decide whether to continue at the correct one rather than hold you to a mistake.

Renewal and cancellation

Where a service is set to renew automatically, it renews for the applicable renewal period unless you cancel before renewal. Your order and your account show the billing period and the renewal arrangements for each service. You can cancel at any time, and the service runs to the end of the period you have paid for.

Our Refunds and Cancellation policy explains the 30-day guarantee on an initial purchase and what happens afterwards. It forms part of these terms.

Suspending or ending a service

We may suspend or end a service if you break these terms or the Acceptable Use Policy, if payment is overdue, or where required by law, a court order or a competent authority. Where the situation allows it we will contact you first and give you a chance to put it right.

You can end a service at any time. When a service ends, the data on it may be deleted, so take a copy of anything you want first.

Changes to these terms

We may change these terms as the service changes or as the law does. The date at the top shows when they last changed materially, and we will give reasonable notice of a material change where it is appropriate to do so. Some changes have to take effect immediately — where the law requires it, or to protect the security or integrity of the service.

If you are a business

Nothing in these terms limits liability for death or personal injury caused by our negligence, for fraud, or for anything else it would be unlawful to exclude.

Subject to that, we are not liable to a business customer for:

• lost profits, sales, business, revenue, contracts or business opportunities;
• loss or corruption of data, information or software;
• loss of use, of production, or of anticipated savings;
• harm to reputation or goodwill; or
• wasted expenditure.

And our total liability for everything else, however it arises, will not exceed what you paid us for the affected service in the twelve months before the event that caused it.

If you are a consumer

Nothing in these terms limits liability for death or personal injury caused by our negligence, for fraud, or for anything else it would be unlawful to exclude.

Subject to that, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or of our negligence. We are not responsible for loss or damage that is not foreseeable — meaning it was neither obvious nor something we both had in mind when you ordered.

Nothing in these terms limits or excludes any mandatory rights you have under applicable law. Where those rights apply, they apply in addition to what is written here.

Law and disputes

These terms, and any dispute arising out of them or their subject matter — including disputes that are not about the contract itself — are governed by the laws of England and Wales.

Any such dispute will be heard by the courts of England and Wales. If you are a consumer, this does not take away any right you may have under applicable law to bring proceedings elsewhere, or the protection of rules that apply to you wherever you live.

Other terms

• If you are a business customer, these terms and the documents they refer to are the whole agreement between us about the services.
• You may not transfer your rights under them to someone else without our agreement.
• If part of these terms turns out to be unenforceable, the rest continues to apply.
• If we do not enforce something straight away, that is not a waiver of it, and we may still enforce it later.

Questions about any of this go to contact@elhosting.com.