These Terms of Service (“Agreement”) govern the use of the services (“Service”) that are made available by Kiwi Hosting International Trading as Kiwi Hosting (hereafter referred to as “Kiwi Hosting,” “we,” or “us”). These Terms of Service represent the entire agreement and understanding between Kiwi Hosting and the individual or entity who subscribes to our service (“Subscriber” or “you”).
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms of service set out in this Agreement. Kiwi Hosting may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Kiwi Hosting believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
Kiwi Hosting may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): https://kiwicdn.net/legal/ToS.pdf. You are responsible for reading this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
Kiwi Hosting offers Subscribers hosting services ranging from hosting games, websites, databases, VPS, etc., for the duration of the service term purchased from Kiwi Hosting.
Services are provided based on facility and equipment availability. Kiwi Hosting reserves the right to modify, change, or discontinue any aspect of the Services at any time.
At Kiwi Hosting, the terms "Unlimited" and "Unmetered," or the symbol ∞, are used to signify that there are no arbitrary limits set on the specified resource(s) for your hosting service. These terms only apply to the specific resource(s) mentioned in your plan or as indicated by the ∞ symbol, and do not imply that all aspects of your hosting package are without limits.
When "Unlimited" or "Unmetered" is specified, it means you won't face unexpected charges for the designated resource, such as bandwidth or disk space, as long as your usage remains within the boundaries of our Acceptable Use Policy (AUP) and does not negatively impact the overall performance of the hosting environment.
Even with "Unlimited" or "Unmetered" resources, usage is subject to the physical limitations of the underlying hardware and network infrastructure. While these resources are not metered under normal usage conditions, the availability of CPU, RAM, disk space, and bandwidth is still governed by the specifications of the physical machines and shared environments on which your services are hosted.
Any usage that adversely affects other users or violates our AUP—such as excessive resource consumption, hosting illegal content, or engaging in abusive behaviors like spamming—will result in corrective actions. This could include limiting your account's resource usage, requiring you to upgrade your service plan, or in extreme cases, suspension or termination of your services.
We strive to provide high-quality services, but our "Unlimited" and "Unmetered" offerings, where specified, must be balanced with fair use and the technical constraints of our hosting infrastructure.
Kiwi Hosting uses an automated payment processing system and only accepts credit card or PayPal payments at this time. All Subscribers are required to maintain valid payment information on file for the processing of any applicable service fees. At its sole discretion, Kiwi Hosting may use credit card issuer-approved services to acquire updated payment information for the purpose of processing outstanding payments that are on your account.
Kiwi Hosting may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.
Invoices for all Kiwi Hosting services can be found by logging into your account control panel.
Billing inquiries and disputes should be brought to Kiwi Hosting’s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.
If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges.
Accounts will be suspended if service renewal fees are not paid within 72 hours of the due date. Suspended accounts may be terminated if payment is not received within 30 days.
We offer a 3-day money-back guarantee on all hosting plans. If you are not completely satisfied with our services, you may request a full refund within 3 days of your initial service setup. After this period, no refunds will be issued for any reason. To request a refund, please submit a ticket through our support portal within the 3-day period.
The following services and fees are excluded from this guarantee:
Refunds are exclusively available to new customers who have not previously used our services. Refund requests must be submitted within the specified time frames to be eligible. Refunds will be processed within 7 business days of approval and will be issued to the original payment method.
Payments made via cryptocurrencies or certain other payment methods may only be refunded as account credits equivalent to the USD value of the original transaction. These credits can be used for future purchases on Kiwi Hosting.
No refunds will be offered outside the specified refund periods. It is the customer’s responsibility to request a refund within the 3-day window if they are not satisfied.
The following services and fees are strictly non-refundable:
Refunds for automated renewals are available under the following conditions:
Please note that non-refundable services such as dedicated servers, dedicated IPs, and domain registrations do not qualify for renewal refunds.
This Acceptable Use Policy (“AUP”) governs the use of the services (“Service”) provided by Kiwi Hosting. All customers and users of our services (“you” or “Subscribers”) must comply with this AUP. Failure to comply with this AUP may result in the suspension or termination of your service.
The following activities are strictly prohibited and constitute a violation of this AUP:
You are prohibited from violating or attempting to violate the security of our systems and network. Violations of system or network security may result in criminal and civil liability. Examples of security violations include, but are not limited to:
We reserve the right to investigate violations of this AUP. If a violation is found, we may take any action we deem appropriate, including but not limited to:
If you become aware of any violations of this AUP, you are encouraged to report them to us immediately at [email protected]. Please provide as much detail as possible, including any relevant logs, IP addresses, and other evidence of the violation.
Kiwi Hosting reserves the right to modify this AUP at any time without prior notice. Changes will be effective immediately upon posting on our website. It is your responsibility to review this AUP periodically to ensure you are aware of any changes.
When you apply to use Kiwi Hosting services, you will be asked to select an ID and Password. The ID and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the ID and Password you select from any unauthorized use. IN NO EVENT WILL KIWI HOSTING BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR ID OR PASSWORD.
Subscribers are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in your account control panel.
The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. Kiwi Hosting makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. Kiwi Hosting is not responsible for any damages, injury, or economic loss arising from the use of the content or Service provided by Kiwi Hosting.
In no event will Kiwi Hosting be liable to you for any direct, indirect, incidental, or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.
Kiwi Hosting, its officers, directors, owners, agents, and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.
In no event shall Kiwi Hosting be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
You agree to indemnify and hold Kiwi Hosting, its affiliates, sponsors, partners, directors, officers, and employees harmless from and against, and to reimburse Kiwi Hosting with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs, and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.
Kiwi Hosting will not be liable for any delay, interruption, or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.
Kiwi Hosting is committed to maintaining the accuracy, confidentiality, and security of your personally identifiable information (“Personal Information”). This Privacy Policy outlines our practices regarding the collection, use, and disclosure of Personal Information, in compliance with the General Data Protection Regulation (GDPR) and the Children's Online Privacy Protection Act (COPPA).
We collect various types of Personal Information in connection with the services we provide, including:
We do not collect credit card information. Payment processing is handled by third-party services such as Stripe and PayPal.
We also do not collect usage data or operating system type.
We collect, use, and disclose Personal Information to provide the services you request and to offer additional services we believe may interest you. The purposes for which we collect information will be identified before or at the time of collection. In some cases, the purposes may be clear, and consent may be implied, such as when you provide your name, address, and payment information during the order process.
Your knowledge and consent are required for the collection, use, or disclosure of Personal Information, except where required or permitted by law. Providing us with your Personal Information is always your choice. However, not providing certain information may limit our ability to offer you our services. We will not require you to consent to the collection, use, or disclosure of information as a condition of providing a service, except as necessary to deliver the service.
The Personal Information we collect will be limited to what is necessary for the purposes identified. With your consent, we may collect Personal Information from you in person, over the phone, by mail, facsimile, or the Internet.
Personal Information may only be used or disclosed for the purposes for which it was collected unless you have otherwise consented or when it is required or permitted by law. Personal Information will only be retained for as long as necessary to fulfill these purposes or as required by law. All Personal Information is stored in an encrypted database to ensure maximum security and confidentiality.
We do not access any users' files or servers unless requested by the user for support or other specific requests.
We will maintain Personal Information in as accurate, complete, and up-to-date form as is necessary to fulfill the purposes for which it is used. We rely on individuals to provide accurate and current information and will make reasonable efforts to maintain its accuracy.
Personal Information will be protected by security safeguards appropriate to the sensitivity level of the information. We take reasonable precautions to protect your Personal Information from loss, unauthorized use, access, or disclosure. This includes:
Upon request, you will be informed of the existence, use, and disclosure of your Personal Information and given access to it. You may verify the accuracy and completeness of your Personal Information and request that it be amended if appropriate. In certain circumstances permitted by law, we may not disclose certain information to you.
Our services are not directed to children under the age of 13. We comply with the Children's Online Privacy Protection Act (COPPA) and do not knowingly collect Personal Information from children under 13. If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records.
We may transfer your Personal Information to countries other than the country in which the data was originally collected. These countries may not have the same data protection laws as the country in which you initially provided the data. When we transfer your Personal Information to other countries, we will protect that information as described in this Privacy Policy and in accordance with applicable law.
In the event of a data breach, we will notify the relevant supervisory authority within 72 hours of becoming aware of the breach if it is likely to result in a risk to the rights and freedoms of individuals. We will also notify affected individuals without undue delay if the breach is likely to result in a high risk to their rights and freedoms.
Under GDPR, you have the following rights:
We use third-party services such as Cloudflare Analytics, Stripe, and PayPal to enhance our services. These services may collect and process your Personal Information under their privacy policies. We recommend reviewing their privacy policies to understand how your information is handled.
Our website may contain links to other third-party sites not governed by this Privacy Policy. While we strive to link only to sites with high privacy standards, our Privacy Policy no longer applies once you leave our website. We are not responsible for the privacy practices of third-party websites. We recommend reviewing the privacy statements of those sites to understand how your information may be collected, used, shared, and disclosed.
Kiwi Hosting reserves the right to make changes to this Privacy Policy at any time. We will notify you of any significant changes by posting a notice on our website or by contacting you directly. Your continued use of our services following any changes indicates your acceptance of the new terms.
If you have any questions or concerns about our Privacy Policy or how we manage your Personal Information, please contact us at [email protected]. We are committed to addressing your inquiries and resolving any issues promptly.
© 2024 Kiwi Hosting. All rights reserved.
The content, design, and intellectual property on this website, including but not limited to text, graphics, logos, icons, images, videos, and software, are owned by or licensed to Kiwi Hosting and are protected by international copyright laws.
Unauthorized use, reproduction, or distribution of any material from this website without prior written consent from Kiwi Hosting is strictly prohibited. Violators will be pursued legally to the fullest extent possible.
All content on this website is the intellectual property of Kiwi Hosting or its content suppliers. This includes, but is not limited to, text, graphics, logos, icons, images, videos, and software.
Kiwi Hosting grants you a limited, non-exclusive, non-transferable license to access and view the content on this website for personal, non-commercial purposes only. This license does not allow you to modify, distribute, or use any content for commercial purposes without prior written consent from Kiwi Hosting.
You may not:
If you believe that your intellectual property rights have been violated by any content on this website, please contact us immediately at [email protected] with a detailed description of the alleged infringement.
Kiwi Hosting will vigorously enforce its intellectual property rights to the fullest extent of the law. Unauthorized use of any material on this website may result in legal action, including but not limited to civil and criminal penalties.
Kiwi Hosting reserves the right to modify these terms at any time. Any changes will be posted on this page, and your continued use of the website after such changes have been posted constitutes your acceptance of the modified terms.
These terms and conditions are governed by and construed in accordance with the laws of Australia. Any disputes arising out of or relating to these terms shall be resolved in the courts of Australia.
Kiwi Hosting is committed to processing data in accordance with its responsibilities under the GDPR.
Article 5 of the GDPR requires that personal data shall be:
This Service Level Agreement (SLA) outlines the service availability commitments for Kiwi Hosting ("we" or "us"). We strive to provide reliable and high-quality services to our customers ("you" or "Subscriber"). This SLA details our service uptime guarantees, exclusions, service credits, and general terms.
We guarantee the following levels of service availability:
Uptime is calculated on a monthly basis and refers to the total time in a calendar month that the services are available, excluding the excluded events mentioned below.
The following events are excluded from our uptime guarantees and are not considered as downtime:
We will make reasonable efforts to notify you of scheduled and emergency maintenance events in advance through email or notifications on our website.
If we fail to meet the uptime guarantees specified in this SLA, you may be eligible for a service credit. Service credits are calculated as a percentage of the monthly fees for the affected service, as follows:
To request a service credit, you must contact our support team within 30 days of the end of the month in which the downtime occurred. All requests must include the dates and times of the downtime, and we will review the request against our monitoring data. Service credits are not redeemable for cash and cannot exceed the total amount paid by you for the service in the month the downtime occurred.
Scheduled maintenance will be performed during low-traffic times to minimize the impact on our customers. We will provide at least 24 hours' notice for scheduled maintenance. Emergency maintenance may be conducted without prior notice to ensure the security and integrity of our services.
We continuously monitor the availability and performance of our services using industry-standard monitoring tools. Downtime is recorded when our monitoring tools detect that a service is unavailable. Our support team is available 24/7 to address any issues and provide updates on service status.
This SLA is part of your agreement with Kiwi Hosting and is subject to all the terms and conditions stated in our Terms of Service. We reserve the right to change the terms of this SLA at any time, and any changes will be communicated to you through our website or via email. Your continued use of our services following any changes indicates your acceptance of the new terms.
This SLA and your use of our services are governed by the laws of Australia. Any disputes arising out of or related to this SLA will be resolved in the courts of Australia.
Last updated: August 28, 2024