TERMS AND CONDITIONS

A. Terms of Service

• Please read through these terms of service thoroughly before placing an order for any services from Pingperfect/Pingperfect Hosting. If you have any problems understanding them, open a support ticket.
• Services are, unless otherwise stated, on a rolling monthly contract and will renew each month until the client cancels the order/contract. Upon cancellation/lapse of payment the service will be listed as suspended/cancelled. 14 days after this all files will be wiped from our servers.
• Pingperfect/Pingperfect Hosting will not under ANY circumstances accept liability financial or otherwise for loss of service, loss of earnings, loss of profit, loss of data, or any other incidental damages occurring directly or indirectly due to hardware or software failure of our systems/services, or by following advice and guidance from our staff.

B. Client Acknowledgement

• As a client of Pingperfect / Pingperfect Hosting you acknowledge that services provided may be disrupted at any time during your service period due to circumstances outside our control. The client acknowledges and agrees that Pingperfect / Pingperfect Hosting will NOT be held liable for ANY damages arising from ANY disruption of service provided by Pingperfect / Pingperfect Hosting.
• It is the clients sole responsibility to ensure that data is fully backed up externally.
• The client also acknowledges that any type of defamatory or libellous statements targeted at the company or employees will result in immediate termination of services without refund.
• We will send you emails that are strictly necessary for the operation of your account and services, such as invoices, payment reminders, service notices, and support communications. These emails are sent on the basis of our legitimate interest in administering your account and do not require your consent. We may also wish to send you occasional marketing communications about our products, promotions, and news. We will only do so where you have given your explicit consent at the point of registration or subsequently opted in. You may withdraw your consent to marketing emails at any time by submitting a support ticket or clicking the unsubscribe link in any marketing email. Withdrawing marketing consent will not affect the delivery of service-related communications.
• Under no circumstances (excepting having created a contact/sub user account) should you share login details to your account.

C. Support

• Support will be provided by tickets using our online support system. The Client acknowledges that Pingperfect / Pingperfect Hosting will only provide support for services Offered. Support tickets can be opened 24/7, our support team will endeavour to answer tickets within 20 minutes, however this time scale cannot be guaranteed or relied upon due to the varying nature of support and conditions outside of our control.
• Staff may be able to help with third party software but the company offers no guarantees. Further support should be sought from the creators or developers of the relevant software.
• No member of staff should be required to feel obliged to deal with any customer who is exhibiting threatening, abusive, aggressive or violent behaviour. In any of these circumstances a member of staff has the right to refuse to serve that customer.
• Abusive correspondence, which includes threats, personal abuse (based on age, gender, race, sexuality, disability etc.) and language generally falling into the category of ‘foul and abusive’ in which we include swearing, the customer will be given a warning. Further incidents and Pingperfect Ltd reserves the right to terminate the customer’s service or, in serious cases, refer the incident(s) to the police via the Head of Network Operations.
• We request that a single ticket is opened for each issue, this is so if you are waiting for an answer on one issue it does not get lost if further issues are discussed in the same ticket.

D. Game Server Rules

As a game server client of Pingperfect / Pingperfect Hosting you agree and acknowledge the following:

• Advertising of other server providers is strictly prohibited and may result in account suspension/termination of contract.
• Bandwidth and space provided are for the usage of game server files ONLY.
• Executable files such as but not limited to .exe and .bat files may NOT be modified/uploaded without explicit permission from a member of staff at Pingperfect Ltd. The updating of server files from legitimate sources is allowed.
• Bots and other add-ons that may increase CPU usage are NOT allowed without the express permission of Pingperfect.
• Editing slots on your server WILL result in account and service termination. You will only use the amount of slots you have paid for.
• Whilst Pingperfect will endeavour to backup all customer game servers so they can be restored up to a week ago, we cannot guarantee that backups will be available. We also do not backup custom content due to space restrictions, It is up to the client to ensure they have sufficient backups of their service externally.
• Mods installed by Pingperfect (MW3 Server messages etc) Pingperfect will endeavour to update mods on servers as soon as they become available.
  • 7a. We will NOT accept any liability for downtime and offer no guarantees about how long it will take to have any mods updated.
  • 7b. We will offer to set your server back to default files and settings until a new updated mod becomes available, if you wish us to do this you should raise a support ticket.
  • 7c. All mods are offered on a best endeavour basis and we do not guarantee they will work, nor offer ETA's on how long it will take to get them to work.
• In the case of 3rd party mods, we will endeavour to add any and all mods that clients request however we make no guarantee and if a mod cannot be added no refund will be provided unless the game itself also does not work.
• The use of your game server to facilitate, assist, or engage in any illegal activity is strictly prohibited. This includes but is not limited to: launching or participating in Distributed Denial of Service (DDoS) attacks against any third party; distributing, hosting, or running cheating software, aimbots, or exploits; operating botnet infrastructure; hosting or distributing malware, ransomware, or any malicious code; and facilitating any activity that violates the laws of England and Wales or the country in which the server is located. Any such use will result in immediate termination of all services on the account without refund, and where appropriate, relevant information will be passed to law enforcement authorities.
• Downgrading a service will credit your account pro-rata with the difference between what the server did cost and now costs, credit is subject to the terms stated in Section H.

E. Web Hosting Rules

As a web hosting client of Pingperfect / Hosting you agree and acknowledge the following:

• The service shall not be used to host material which violates any applicable law or regulation, including but not limited to the laws of the United Kingdom and, where applicable, the laws of the European Union in respect of services directed at EU residents.
• The service shall not be used for hosting backups, large video files or downloads.
• The service shall not be used to host copyrighted software / media without explicit permission of the copyright holder.
• The service shall not be used to host any form of discriminatory or racially abusive content.
• The service shall not be used to host any adult content that includes but is not limited to nudity / sexual content.
• The service shall not be used to host or install proxy servers or bots of any kind.
• The service shall not be used to host or install any information, tools or software related but not limited to scamming, hacking, phishing, phreaking, malicious software or spam.
• The service shall not be used to host anything that degrades the performance of any of our servers, this judgement would be made at the discretion of Pingperfect Ltd.
• Unlimited file hosting is only applicable to files that are directly related to website(s) on the clients account. Pingperfect Ltd reserves the right to revoke and place limitations on users accounts as we see fit.
• Pingperfect Ltd reserves the right to update our services / prices, giving the client 28 days notice of any changes.
• Backups of webspace/Databases are the responsibility of the client and Pingperfect Ltd cannot restore any data that may have been lost if you have neglected these.
• Testing the security of any device, website, server or anything else provided by Pingperfect is strictly forbidden and will result in any service you have with us being terminated with no refund and depending on how the testing was done your details may be passed to the authorities.
• Where you use your web hosting service to collect, store, or process personal data belonging to third parties (including but not limited to website visitors, customers, or subscribers), you are acting as the Data Controller in respect of that data as defined under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. It is your sole responsibility to ensure that your collection and use of such personal data complies with all applicable data protection legislation, including publishing an appropriate privacy policy, obtaining valid consent where required, and responding to data subject requests. Pingperfect Ltd acts only as a Data Processor in this context and accepts no liability for any failure by you to comply with your obligations as Data Controller.

F. Domains

• Domain names are NON REFUNDABLE and cannot be refunded under any circumstances as additionally stated in Section H.
• Domain names can be transferred to any other provider for a small administration charge.
• Free domain names with the .pingperfect.com / .pingperfecthosting.com / .pingperfecthost.com suffix remain the property of Pingperfect and at the discretion of Pingperfect Ltd can be withdrawn without prior notice.
• Nameservers can be freely changed by raising a support ticket as aforementioned in Section C.
• Any unpaid or overdue payments will result in the relevant domain name being terminated
• All domains will automatically issue renewal invoices & attempt automatic payment capture

G. Dedicated Server/VDS Rules

• The service shall not be used to host material which violates any law or regulation put in place by the country of which the server is located.
• The service shall not be used to engage in activities that may harm the integrity of our services or disrupt the experience of other users.
• The service shall not be used for hosting backups, large video files or downloads.
• The service shall not be used to host/install any copyrighted software / media to be without the express permission of the copyright holder.
• The service shall not be used to host any form of Adult and/or Racial/Discriminatory content.
• The service shall not be used to install any Proxy servers or BOTS of any kind.
• The service shall not be used to host any information, tools or attempts related to hacking, phishing, phreaking, malicious software or spam to be hosted or installed on our servers.
• The service shall not be used to host/install anything that degrades the performance of any of our servers
• The service shall not be used to launch Denial of Service (DoS) attacks against any other server/person/company etc.
• Any DDoS Attacks and/or intentional stress testing against your server will invalidate our money back guarantee (outlined in Section H) and cause your server to be null routed for a period of no less than 24 hours.
• You are allocated specific resources based on your chosen VPS plan. Excessive use of resources that negatively impacts the performance of our servers or other users may result in the suspension or termination of your VPS services.
• While we take measures to secure our systems, you are responsible for the security of your data and applications. It is your responsibility to implement security measures, including regular backups, to protect your data from loss or unauthorized access
• We reserve the right to suspend or terminate your access to our VPS services at our discretion, with or without cause. Upon termination, you agree to cease using our services and acknowledge that we may delete all data associated with your account.
• Pingperfect Ltd reserves the right to update the services / prices, giving the client 28 days notice of any changes.
• The first month of a dedicated server shall be split into 2 time periods, a 3 week period and a week period. This week period will be held as a deposit so we can notify the DC of your intention to cancel when you do, this week will then be added to your termination date after cancellation is submitted. The 2nd payment is due 3 weeks after the initial order then every 30 days following that.

H. Refunds

• As our services are all digital content and are available immediately, you understand and agree that the 14 day cooling off period does not apply.
• All game servers and webhosting come with a 48hr money back guarantee if you are not happy you may cancel for a refund (minus payment gateway processing fees, which are usually 3%+ £0.20). To request a refund you MUST submit a support ticket and continue to actively reply to the ticket.
  • 1a. Failing to respond to staff members in your support ticket for a refund request will invalidate the money back guarantee.
• Overpayments – if you have for example paid an invoice manually and have a subscription to us the extra will automatically be credited to your PingPerfect account. If you wish to receive a refund to your payment method of this credit there is a 15% fee to cover our expenses, time and fees. We cannot refund subscription payments for more than 3 months, any other credit is non refundable as per point 12
• Any pro-rata refunds are at our discretion.
• Domains & Dedicated Servers are the exception to point 1, they cannot be refunded.
• With exception to Section H Subsection 2, account credit cannot under any circumstances be refunded.
• Public pay payments cannot be refunded under any circumstances.
• Donations are non-refundable, non-transferrable and can only be redeemed by the account holder against Pingperfect services.
• Any refund is subject to processing fees which are usually 3%+ £0.20 (for example if you request a refund of $100 you will receive $96.80 or thereabouts).
• Payments made via Paysafe cannot be refunded to the payment source due to how Paysafe works, any refund request will instead be turned into account credit.
• Any refund request as a result of the customer getting their service banned in game due to their own actions will be refused.
• Account credit cannot be refunded unless specifically stated so in these terms and conditions

I. Fair Usage Policy

• Pingperfect operates a fair usage policy on CPU/RAM/Disk space where it is not mentioned we provide a specific limitation, the fair usage policy is set out below.
• CPU, a customer may not use more than 1.5x the amount of CPU the game on average uses.
• RAM, a customer may not use more than 1.5x the amount of RAM the game on average uses.
• Disk usage, a customer may not use more than 1.5x the amount of disk space the game on average uses.
• At our discretion we may apply this policy, we try not to do this unless absolutely necessary.

J. Affiliates

• Affiliates may only request the last 6 months maximum to be paid, any amount not claimed within 6 months will be sent to account credit.
• Affiliates may not use paid advertisements to direct users to our website, this includes google ads, facebook, twitter, etc.
• Affiliate payments are made via paypal to the email address registered on your account, payments cannot be made to a separate email address
• Affiliates who promote Pingperfect services through their own websites, social media channels, or other digital platforms are solely responsible for ensuring that their use of tracking links, cookies, and any associated analytics tools complies with all applicable laws and regulations, including the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations 2003 (PECR). This includes obtaining valid cookie consent from your website visitors where required and publishing an accurate privacy policy that discloses the use of affiliate tracking. Pingperfect accepts no liability for any breach of data protection or privacy law arising from an affiliate's promotional activity.

K. General

• If any of the terms and conditions are infringed, the clients account/service will be terminated without refund.
• In addition to the above we reserve the right to ban the use of any applications which we deem unsuitable, or which may degrade the quality of service for other customers.
• Pingperfect reserve the right to change these terms of service at any time without prior notice or warning E&OE
• Any credit held on a customer's account that has remained unused for a continuous period of twenty-four (24) months or more from the date it was first applied or last used (whichever is the most recent) shall automatically expire and be forfeited without further notice. Upon expiry, the credit will be removed from the account balance and no refund, compensation, or replacement credit will be issued in respect of the expired amount.
  It is the sole responsibility of the customer to ensure that account credit is used within the applicable period. PingPerfect accepts no liability for any loss suffered as a result of credit expiry under this clause.
  PingPerfect reserves the right to amend the credit expiry period by providing no less than thirty (30) days' written notice to the customer's registered email address prior to any change taking effect. Continued use of our services following such notice shall constitute acceptance of the revised terms.
• Account Cancellation – All requests for cancelling any service / services must be made online with at least 10 days notice, failure to do so will result in being charged the full month’s invoice. Cancellation can be done by:
  Visiting Here and selecting the service / product you with to cancel (button located to the right of product) – Click the request cancellation button. As per section H point 1, if you are canceling within the first 48 hours you are entitled to a full refund however you must submit a support ticket.
  • 5a. You are responsible for making cancellations to your subscription payments (PayPal). If you are unsure of how to do this, just follow this handy guide:
    Log in to your PayPal account.
    Click the ‘Settings’ icon at the top of the page.
    Under ‘Payment settings’, click Pre-approved payments.
    Use the filter to select the seller whose agreement you want to cancel and click Cancel.
    Click Cancel Profile to confirm your request.
• Payments: Clients will be invoiced 7 days in advance of the payment due date. If payment is not received by the due date (midnight) the service will be automatically suspended until payment is received. If the invoice is still not paid after 7 days, a further invoice unpaid notification will be generated and issued. Finally after 14 days of unpaid invoice(s) the clients services will automatically be deleted from our systems, rendering all the clients files irretrievable.
  
  The offer of a free web hosting and Mumble voice server is only applicable when a client orders services worth, £2.50 or more you get a free webhosting account, and both for order of £5 or greater.
• Card Payments: Upon paying for a service with a credit/debit card that card will be saved in our system as an unreadable token. On all subsequent invoices payment will be automatically taken from the saved card token 1 day prior to the invoice due date.
• Group Payments and Add Funds: Payments made using Group Pay are non-refundable and non-transferrable. The account owner may choose to use the payment in anyway they deem fit except in the aforementioned ways. Payments made through Group Pay do not form any contractual relationship between Pingperfect and the payer, nor confer any rights over the service(s) on the account being paid toward. Add Funds are also non refundable
  • 8a. Any credit in your account cannot be refunded unless it was added via a subscription payment you mistakenly did not cancel, we are only able to refund up to 3 months subscription payments in this instance. (See Section H, point 3)
• Data such as where you click, what pages you visit and how you act on our website (not personally identifiable) might be collected by us or 3rd parties, such as Tawk.to, s.r.o., VAT ID CZ03668681, hotjar.com, & others
• Delivery Policy: As all our goods are non physical no delivery is required, however services should be delivered within 3 hours maximum unless specified
• Chargebacks: You agree that you shall not chargeback any credit card payments to Pingperfect and any such chargeback will result in an additional payment to Pingperfect of up to £150 per chargeback which is a reasonable estimate of our additional administrative costs. You are responsible for any fees and costs (including, but not limited to, reasonable attorneys’ fees, court costs and collection agency fees) incurred by Pingperfect; in enforcing collection of fees.
• If a group pay payment is subject to a chargeback a fee to cover the chargeback will be added to your account.
• Any discount code advertised as for life is for the life of the service, once that service has been cancelled its "life" is over and the discount cannot be applied again.
• Pingperfect reserve the right to update, change, amend or otherwise alter any and all documents, webpages, prices, support terms and any other service we provide without warning. In the case of prices we will always endeavour to provide at least 1 months notice.
• Limitation of Liability. To the fullest extent permitted by applicable law, Pingperfect Ltd's total aggregate liability to any client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with these Terms and Conditions or the provision of services shall not exceed the total amount paid by the client to Pingperfect Ltd in the twelve (12) months immediately preceding the event giving rise to the claim. In no event shall Pingperfect Ltd be liable for any consequential, indirect, special, or incidental loss or damage, or for any loss of profit, revenue, data, business, opportunity, or goodwill, whether or not Pingperfect Ltd had been advised of the possibility of such loss or damage, and whether arising in contract, tort, or otherwise. Nothing in these Terms and Conditions shall limit or exclude Pingperfect Ltd's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

L. Questions/Contact

• If you have any questions or concerns regarding this agreement – please contact us directly by submitting a ticket HERE.

M. Promotional Terms

From time to time Pingperfect may run limited promotional offers including but not limited to free trials, discounted services, bonus credit, and prize-based competitions. Unless otherwise stated, the following terms apply to all promotions:
• Each promotion is limited to one redemption per person, per household, and per account. Pingperfect reserves the right to disqualify entries or redemptions where this limit has been circumvented.
• Promotions are available for a limited time only and may be withdrawn at any time without notice once the maximum number of redemptions has been reached.
• Promotional services are subject to all other applicable sections of these Terms and Conditions.
• No cash alternative is available for any promotional offer unless explicitly stated.
• Any free service received as part of a promotion will be subject to the standard cancellation, fair usage, and acceptable use policies applicable to that service type.
• Pingperfect reserves the right to publish specific additional terms for individual promotions, which will take precedence over these general promotional terms where they conflict.

N. Force Majeure

Pingperfect Ltd shall not be liable for any failure or delay in the performance of its obligations under these Terms and Conditions where such failure or delay results from circumstances beyond its reasonable control. Such circumstances include but are not limited to: acts of God, natural disasters, fire, flood, earthquake, pandemic or epidemic, war, terrorism, civil unrest, governmental action or regulation, industrial disputes, failure of third-party telecommunications networks or internet infrastructure, power failures, or failure of upstream service providers. Where a force majeure event occurs, Pingperfect Ltd will use reasonable endeavours to notify affected clients and to restore services as quickly as reasonably practicable. No refund or compensation shall be payable in respect of any period of unavailability caused by a force majeure event.

O. Intellectual Property

You retain full ownership of all content, data, and files uploaded to or stored on Pingperfect Ltd's infrastructure as part of your service. By using our services you grant Pingperfect Ltd a limited, non-exclusive, royalty-free licence to store, copy, and transmit your content solely to the extent necessary to provide the services you have subscribed to. This licence terminates upon cancellation or termination of your service, at which point your content will be deleted from our systems in accordance with the timescales set out in Section A. You warrant that you own or have the necessary rights and permissions to upload and store all content placed on our infrastructure, and that doing so does not infringe the intellectual property rights of any third party. Pingperfect Ltd accepts no liability for any third-party intellectual property claim arising from content uploaded by clients.

P. Severability and Entire Agreement

If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, unlawful, or unenforceable in whole or in part, that provision shall be deemed severed from these Terms and Conditions. The remaining provisions shall continue in full force and effect. These Terms and Conditions, together with any service-specific terms referenced herein, constitute the entire agreement between you and Pingperfect Ltd in relation to the services and supersede all prior representations, agreements, and understandings between the parties, whether written or oral.