Fadal Global S.A. Terms of Service (TOS)
The Terms of Service for “Fadal Global SA” (this “Agreement”) govern your purchase and use of all services provided by “Fadal Global SA” (collectively, the “Services”), as outlined in the Order Form(s) you submit and that “Fadal Global SA” accepts (“Service Order”). To use the Services, you must register and accept the terms of this Agreement. BY CLICKING THE “I ACCEPT” BUTTON BELOW, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS AND CONDITIONS, INCLUDING ALL INCORPORATED POLICIES. “Fadal Global SA” reserves the right to modify any terms and conditions of this Agreement and the AUP at any time, at its sole discretion. Any changes will take effect upon their posting on the “Fadal Global SA” website (the “Site”). Your continued use of the Services after any modifications are posted signifies your acceptance of those changes. If you disagree with any modification, you must cease using the Services immediately and notify “Fadal Global SA” of your termination of this Agreement as outlined below.
POLICY AND SERVICE GUIDELINES (ToS – Terms of Service)
“Fadal Global SA” offers Virtual Private Servers (VPSs), web hosting, SSL certificates, and other services to a diverse clientele. We are committed to protecting our clients and their interests while delivering the highest quality services. The following guidelines are established to uphold these responsibilities.
Acceptable Use Policy (AUP)
You agree not to misuse “Fadal Global SA” services or assist others in doing so. The actions listed below will result in immediate suspension, cancellation, or termination of your service without a refund:
- Hosting or sharing any pornography or sex-related content, or materials that are unlawfully pornographic, indecent, or depict extreme violence.
- Sending unsolicited communications, promotions, advertisements, or SPAM.
- Sending altered, deceptive, or false source-identifying information, including “spoofing” or “phishing.”
- Engaging in or being targeted by DoS/DDoS attacks.
- Probing, scanning, or testing the vulnerability of any system or network.
- Breaching or circumventing any security or authentication measures.
- Accessing, tampering with, or using non-public areas of the services, or shared areas you haven’t been invited to.
- Interfering with or disrupting any user, host, or network, including sending viruses, overloading, flooding, or mail-bombing any part of the Services.
- Accessing, searching, or creating accounts for the services by methods other than our publicly supported interfaces (e.g., “scraping” or bulk account creation).
- Promoting or advertising products or services without proper authorization.
- Unauthorized sale or distribution of copyrighted media.
- Hosting IRC, IRC bots, or any IRC-related chat program.
- Hosting BitTorrent/P2P-related programs.
- Hosting, distributing, or linking to cracked software, hacks, KeyGens, serials, or pirated software.
- Advocating bigotry or hatred against any person or group based on race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment.
- Violating the law, including storing, publishing, or sharing material that is fraudulent, defamatory, or misleading, or violating the privacy or infringing the rights of others.
Account Eligibility
By registering for or using the services, you confirm that you are at least eighteen (18) years old. The services are strictly for users who are eighteen (18) or older. Any registration, use, or access by individuals under eighteen (18) is unauthorized and violates this Agreement. If you are using the services on behalf of another party, you confirm that you have the authority to bind that party to this Agreement and act on their behalf in relation to any actions taken with the services.
You are responsible for providing accurate, current, and complete information during the registration process. If there is an abuse issue or we need to contact you, we will use the primary email address on file. It is your responsibility to ensure that the contact information for your account, is accurate and up to date at all times. If you need to verify or update your contact information, please contact our sales team via email or update it through the “Fadal Global SA” Console. Providing false contact information may result in the termination of your account.
You agree to be fully responsible for all use of your account and any actions taken through your account. Maintaining the confidentiality of your password and other security-related information is your responsibility.
Utilization
Starter & Basic VPSs:
GPU Concurrency 2 | Requests per Minute 15 | Requests per Day 7200
Intermediate & Advanced VPSs:
GPU Concurrency 4 | Requests per Minute 30 | Requests per Day 14400
Strictly regulated network traffic with only HTTP and HTTPS protocols allowed (inbound & outbound) to ensure secure and controlled communication flows.
Refusal of Service
- “Fadal Global SA” accepts orders from international customers but may restrict accounts from certain countries or known high-fraud email domains. Countries sanctioned by the United States Department of Treasury are automatically ineligible for services.
- To safeguard “Fadal Global SA” and its clients against fraud, you may be required to provide a government-issued photo ID and/or a scan of the credit card used for the purchase. Failure to meet these requirements may result in the order being deemed fraudulent and denied.
- Communication with “Fadal Global SA” staff that is belligerent, vulgar, attacking, extremely rude, threatening, or abusive will result in one warning. Continued inappropriate communication may lead to account suspension or termination without refund. This includes threats of legal action, slander, libel, public exposure, or chargebacks.
- Any customer violating our Terms of Service will have their offending service, along with all other services with “Fadal Global SA,” immediately canceled. Such customers will also be ineligible for future services with “Fadal Global SA.”
- We reserve the right to refuse, cancel, or suspend service at our sole discretion and without further explanation.
Backup
- We regularly back up all our VPS servers. This ensures that, in the event of server failure, we can quickly and fully restore your VPS.
- We advise clients to maintain up-to-date backups of their own sites or servers, as our service is intended for disaster recovery of an entire VPS server, not individual sites. The owner or reseller is ultimately responsible if data cannot be recovered. We will make every effort to keep VPS data in backups but cannot guarantee 100% success
- We execute automatic Daily Backups. Backup retention policy: 30-day, 12-weeks, 6-months. AES 256 encryption
IP Addresses
- “Fadal Global SA” retains ownership and control of all Internet Protocol (“IP”) numbers and addresses utilized by your VPS server. Fadal Global reserves the right to change or remove any IP numbers and addresses at its discretion.
- Orders for dedicated IP addresses at this moment are not permitted.
Support Services and Limits
“Fadal Global SA” offers 24/7/365 technical support to clients, limited to our expertise:
- We support issues related to your VPS but do not handle application-specific problems, programming, HTML, third-party applications, or similar issues.
- Live chat support is not available for our free services.
- Technical support for your clients is not provided.
Reseller Policy
Resellers are accountable for their clients’ conduct and agree their clients will adhere to this ToS. Resellers must inform prospective clients about the ToS and its consequences for violations.
HIPAA Disclaimer
We are not “HIPAA compliant.” Clients are solely responsible for complying with federal or state laws governing data privacy and security, including medical or sensitive data. Clients acknowledge that our services may not be suitable for storing or controlling access to sensitive data such as medical information or data about children. “Fadal Global SA” does not monitor the information you store or transmit through our services. We explicitly state that our services, as provided, do not comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Clients must not use our service for storing “protected health information” under HIPAA. Storing or allowing access to such information is a serious breach of this agreement and grounds for immediate account termination. We do not enter into “Business Associate Agreements,” and you acknowledge that “Fadal Global SA” is not a Business Associate, subcontractor, or agent under HIPAA.
Restricted Parties (Countries, Entities, and Individuals)
The U.S. Department of the Treasury, specifically the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in any commercial activities, in whole or in part, with specific sanctioned countries (“Sanctioned Country/ies”) and designated individuals, organizations, or entities, including, but not limited to, “Specially Designated Nationals” (“SDNs”) listed by OFAC. Although “Fadal Global SA” is not a company registered in the US, it adopts and adheres to this policy. If you are situated in a Sanctioned Country or listed as an SDN, you are prohibited from registering, subscribing to, or utilizing our Services.
Billing Automatic Billing
- You agree to prepay for services for the upcoming service period.
- All credit card payments are automatically processed monthly, semi-annually, annually, or biennially. It is your responsibility to ensure that your credit card has sufficient funds to cover these transactions.
Sales Tax Under Panamanian law
“Fadal Global SA” is mandated to collect sales tax from all clients as per Panamanian law.
Late Payment Fee
“Fadal Global SA” allows a grace period of 3 days from the due date of an invoice. Failure to settle the outstanding invoice within this period will incur a late fee of 10%, in addition to any amounts owed to “Fadal Global SA” for services provided.
Chargebacks, Reversals, and Retrievals:
- If “Fadal Global SA” receives a chargeback or payment dispute from a credit card company, bank, or PayPal, your services may be suspended without prior notice. A $40 chargeback fee (to cover mandatory costs imposed on “Fadal Global SA” by the credit card company), plus any outstanding balances resulting from the chargeback(s), must be settled in full before service restoration. Instead of filing a chargeback, please contact “Fadal Global SA”‘s billing team to address billing concerns.
- If you believe there is an error in “Fadal Global SA”‘s billing, you must notify “Fadal Global SA” in writing within thirty (30) days from the billing date. “Fadal Global SA” will investigate your claim upon receipt of sufficient supporting information. Failure to comply with these procedures or deadlines waives your right to dispute any charges or fees. If “Fadal Global SA” confirms an error, your account will be credited on the next billing date. Third-party fees are exempt from this dispute resolution provision and are considered final.
Account Suspension
Failure to pay any outstanding invoice within 7 days will result in the suspension of your account. A reactivation fee of $25.00 must be paid before the account can be reinstated. “Fadal Global SA” will not activate new orders or packages for clients with unpaid balances.
Account Cancellation
To avoid additional charges, all cancellations must be requested at least 2 days before the new billing cycle. You must submit a cancellation request through our billing system, sales ticket, or email to [email protected]. Specify the effective cancellation date in your request. Cancellations are confirmed via email from “Fadal Global SA”. Contact us via live chat or our ticket system if you do not receive confirmation within 2 business days. No refunds are provided for cancellations made after the required timeframe (less than 2 days before the new billing due date).
Refund Policy
- Payments made multiple times via PayPal subscriptions will be credited to your account but cannot be refunded via PayPal.
- Violators of our Terms of Service are not eligible for refunds or credits.
- Refunds are only available within the 30 Days Money Back Guarantee period and will be issued using the original payment method. No refunds are offered after 30 days.
Currency
All prices are listed in US Dollars. We are not responsible for any currency exchange fees charged by your credit card company or bank.
Money-Back Guarantee
- If you are dissatisfied with our services within the first 30 days of registering your billing account, we will refund your VPS fees. This guarantee applies only to VPS. It does not cover dedicated servers, licenses and software assurances, domain name registrations, SSL certificates, or other optional services.
- Violators of Fadal Global’s Terms of Service or clients with prior service history with Fadal Global are ineligible for the 30-day money-back guarantee, which is exclusively for new customers without prior service history.
Promotional Offers
Periodic promotional offers are time-limited and expire once their validity period ends. If a customer upgrades or downgrades their service(s) before or after a promotional offer expires, they cannot revert to the expired offer and will instead be subject to the current rates.
Affiliate Program Policy
The Fadal Global Affiliate Program is a mutually beneficial initiative enabling eligible individuals, including bloggers, website owners, and influential figures in the hosting industry, to refer visitors to Fadal Global. Affiliates earn commissions on successful product purchases resulting from their referrals.
Calculation of Commissions:
- VPS Product Line: Affiliates earn a one-time commission of $10 for each paid order.
- Dedicated Server Product Line: Affiliates earn a one-time commission of $30 for each paid order.
- Orders must remain active for at least 40 days to qualify for commission conversion.
Violation Clauses:
- If a referred client requests a refund or cancels a server within the initial 40 days, the affiliate commission may be invalidated.
- Commissions will not be converted for referrals engaged in fraudulent activities. If commissions have already been withdrawn, deductions will be applied to other referred orders.
- Commissions are not applicable for indirect hosting products like SSL or Domain.
- Identification of false referrer-referee relationships (e.g., multiple account registrations and service orders from each account’s affiliate links) may result in non-payment of unverified commissions.
- Failure of referred clients to complete purchases within 24 hours after clicking the affiliate link may result in non-conversion of affiliate commissions.
- Commissions are valid only for purchases made directly through the affiliate’s link. Purchases made outside the affiliate’s link are ineligible for commissions.
- Self-ordering under the affiliate’s own name is prohibited.
Commission Withdrawal:
- Affiliates can initiate a withdrawal once their available commission balance reaches a minimum of $50.
- Withdrawal requests will be processed within 7 business days.
Fadal Global reserves the right to interpret and enforce policies related to affiliate marketing. Affiliates are expected to strictly adhere to ethical standards, prohibiting fraud, abuse, and exploitation in any form.
Ownership Changes and Disputes
Access and Control Policy
When a new account is registered with or transferred to “Fadal Global SA”, the process involves creating the following records: i) Registrant’s name; ii) Email address; iii) User name; iv) Password; and v) Payment information (such as Visa or Mastercard details).
If an individual claims entitlement to access an account or website hosted by “Fadal Global SA” but lacks access (due to reasons like forgotten credentials or computer issues), access will be granted if the claimant can provide: i) Original registrant’s name; ii) Original registrant’s email address; iii) User name (if available); iv) Associated payment information; and v) Valid photo identification proving ownership of the payment method. Alternatively, “Fadal Global SA” will comply with valid court orders or notarized statements from both the original registrant and claimant confirming entitlement to access.
Subscribers acknowledge and accept that these policies are the sole methods for notifying and effecting changes regarding access and control. Any other changes made within “Fadal Global SA”‘s records are not considered effective notice.
Transfer of Ownership
“Fadal Global SA” does not determine ownership of websites or accounts hosted by them. By accessing or using services provided by “Fadal Global SA”, the Subscriber affirms that all registration information, including ownership details, is accurate and complete.
Ownership of accounts and websites hosted by “Fadal Global SA” can only be transferred if: i) The Compliance Manager receives a notarized statement from the original owner confirming the transfer and a similar statement from the claimant; or ii) “Fadal Global SA” is served with a valid court order requiring the transfer.
Subscribers accept that these policies are the only methods for notifying and effecting changes regarding ownership transfers within “Fadal Global SA”‘s records.
Disputing Site or Account Ownership
Disputes over ownership or rights to sites or accounts hosted by “Fadal Global SA” are not resolved by “Fadal Global SA”. If multiple persons claim ownership or rights and no clear owner is determined, “Fadal Global SA” will notify the parties to resolve the dispute promptly and conclusively. If unresolved within a reasonable time, “Fadal Global SA” may file an interpleader action in Panamanian court to allow the contending parties to resolve the dispute. The rightful owner(s) determined by the court must reimburse “Fadal Global SA” for all related expenses.
Notification Regarding Transfer of Hosting Account Ownership
The provided form may be utilized to inform “Fadal Global SA” about a change in ownership of a hosting account. Please be aware that any modifications to the owner or billing details stored in the billing system and account control panel must be executed by either the Transferor or the Transferee. “Fadal Global SA” assumes no responsibility for any inability to access the account due to failure to release access information. Submission of this form to “Fadal Global SA” does not guarantee any changes. “Fadal Global SA” reserves the right to accept or decline the request for any reason at its sole discretion.
Limitation of Liability
“Fadal Global SA” disclaims responsibility for any alleged damages, including incidental and consequential damages, resulting from the servers of “Fadal Global SA” going offline or being unavailable for any reason whatsoever.
Furthermore, “Fadal Global SA” disclaims responsibility for any alleged damages, including incidental or consequential damages, arising from the corruption or deletion of any website hosted on “Fadal Global SA” servers. All damages are limited to the immediate termination of service. Clients are advised to regularly back up their websites. We cannot be held responsible for missing files, data, or lost business resulting from this.
By using the service, you agree to indemnify, defend, and hold harmless “Fadal Global SA” from any liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action, or claims caused by or resulting indirectly from your use of the service, which damages either you, “Fadal Global SA,” or any other party, without limitation or exception. This indemnification and hold harmless agreement applies to all issues related to your account, including but not limited to domain name selection and website content.
Violations of these Acceptable Use Policies should be reported to [email protected].
All complaints will be promptly investigated. Failure to comply with any term or condition may result in immediate account deactivation.
Disclaimer
“Fadal Global SA” cannot be held liable for unexpected system downtime, crashes, or data loss. We are not responsible for any estimated profits that clients may have expected if their site had been operational. Currently, we act as a reseller for dedicated servers, domains, and SSL certificates.
Therefore, certain equipment, routing, software, and programming used by “Fadal Global SA” are not directly owned or developed by “Fadal Global SA”. We rely on the services and terms of the seller providing these services. If any part of our Terms of Service conflicts with those of the seller, the seller’s terms will apply.
Additionally, “Fadal Global SA” assumes no responsibility for the use of our clients’ accounts. Failure to adhere to any terms or conditions may result in automatic deactivation of the account in question. We reserve the right to terminate any account without prior notice for any reason deemed appropriate by “Fadal Global SA”. We are not liable for any links to external sites placed on our systems by clients; the client/owner of a site is responsible for the content and activities of their site or VPS.
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