Terms of Service


This hosting agreement governs the purchase and use, in any manner, of all hosting services ordered by you (the “Customer”) and accepted by Kloud51 and describes the terms and conditions that apply to such purchases and the use of the services. The Customers agrees to be bound by the terms and conditions contained herein. Kloud51 reserves the right to change or modify any of the terms and conditions contained in this agreement at any time at its sole discretion without the need to notify the Customer and when any such changes apply to both existing and future Customers. The Customer’s continued use of the services following Kloud51’s posting of any changes or modifications will constitute acceptance of such changes or modifications by the Customer.

  1. Account Eligibility. By registering for and using services from Kloud51, the Customer warrants and represents that the Customer is at least eighteen (18) years old as these services are intended solely for purchase and use for those over this age limit. Any registration, purchase, use of or access to Kloud51’s services by anyone under eighteen years old is unauthorized and will be considered a violation of this Agreement. If the Customer uses the services of Kloud51 on behalf of Third-Parties, the Customer agrees that the Customer is authorized to bind the party to this agreement wherein they are subject to our Terms and Conditions and Privacy Policy.

  2. Payment. In return for Kloud51 providing hosting and related services, the Customer agrees to pay Kloud51 the aggregated monthly fee based on the services, quantities and terms selected. The Customer is aware that Kloud51 may alter specified rates and fees, which will be communicated to the Customer prior to the change and will allow the Customer at least thirty (30) days to respond and alter their current plan at no penalty to the Customer.

  3. Refunds and Disputes: Please refer to Kloud51's Refund Policy document.

  4. Service Cancellation. The Customer retains the right to cancel their subscription through written notice at any time. 
    A) The Customer does not incur cancellation fees for monthly subscriptions. 
    B) From the date of the cancellation request, customers with annual subscriptions will be refunded an amount equivalent to the remaining paid service period after their next monthly anniversary date of their subscription minus a twenty percent (20%) of the total subscription cost, as cancellation fee, for costs incurred to the company. 
    C) If an annual subscription is cancelled within 3 months of expiration, no cancellation fee will be incurred and no cash refund will be provided.

  5. Provision of Services. Kloud51 will provide the Customer with services ordered which are described in the shopping cart upon ordering. The Customer understands and agrees that Kloud51 will host and provide its services solely in accordance with the information provided by the shopping cart. The shopping cart is located on www.dash.kloud51.com/cart.php

  6. Data Backup. Kloud51 does not assume any responsibility for losses or damages incurred to the Customer due to mistakes by the Customer, server failures, hardware failures, network issues, coding issues, software issues, downtime, service cut-off, human error by the server providers, or any other issues outside of the control of Kloud51. It is the responsibility of the Customer to safely back up their data in a separate location. However, in the event of loss of the Customer’s data, Kloud51 will be obligated to request any available backups of Customer data, and/or contact the server providers to resolve any issue in a timely manner.

  7. Support. Kloud51 is obligated to provide a reasonable amount of technical and general support services to the Customer.

  8. Disclosure. Kloud51’s services must not be used for any illegal activities. The Customer agrees that Kloud51 may disclose any available information on the Customer including but not limited to IP addresses, account details, historical information, personal information, data stored on Kloud51 servers, etc. if an official court order is submitted by a competent and recognized law enforcement agency originating from the same country or countries as the Customer’s citizenship and/or the physical location of the servers in question.

  9. Warranty Disclaimer. All hosting provided by Kloud51 to a Customer will be deemed accepted when delivered. Except as expressly provided in this Agreement, the Services are provided ”as is,” and Kloud51 expressly disclaims all warranties and conditions of any kind, express, implied or statutory including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose.

  10. Interruption of Service. Due to the nature of Kloud51’s service, interruptions may occur for many reasons other than the negligence of Kloud51. The Customer hereby agrees and acknowledges that Kloud51 will not be liable for any temporary delays, outages or interruptions of its services. The Customer also acknowledges that in the case of disturbances found to be on due to Kloud51’s own negligence that damages paid do not in any event exceed the amount equivalent to the Customer’s subscription charges for the period the damages occurred.

  11. Late Payment. The Customer agrees to pay their fees on the 28th of every calendar month for monthly subscription, and on the yearly anniversary date for annual/yearly subscription, dependent on subscription terms, of their purchase on time. Kloud51 reserves the right to suspend services on unpaid accounts (5) calendar days past their due dates. The Customer is given a grace period of fourteen (5) calendar days to remedy late payments without interruption to their services, subject to section 10 of the Terms of Service.

  12. Data during Closure or Cancellation. Kloud51 will continue to host the Customer’s data for up to seven (7) calendar days after the date of subscription cancellation/termination, unless an earlier date is explicitly requested at least fourteen (14) calendar days in advance by the Customer in writing, after which Kloud51 will arrange for, subject to this Agreement, any information and/or data, including back-ups, relating to the Customer to be removed. Services in process of refund are exempt from this clause (3.6).

  13. Terms of Termination. This Agreement is effective as of the registration and purchase of Kloud51’s services and shall continue until complete termination of services. Kloud51 may terminate this Agreement after seven (7) calendar days written notice to the Customer if the Customer materially breaches this Agreement, including, without limitation, failure to pay and failure to cure such breach during the notice period of seven (7) calendar days.

Forbidden Usage on Linux Web Hosting Service

Detecting such activities will cause termination of service and no refund will be applicable.

Forbidden Usage on Virtual Private Server (VPS) Service

Detecting such activities will cause termination of service and no refund will be applicable.

Provisions Specific To Web Hosting

Service Uptime Guarantee

We offer a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.